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Laa axamplairaa origlnaux dont la ebuvartura an papiar ast imprim*a sont film*s %r\ con^manqant par la pramiar plat at %f\ tarminant sott par la darni*ra paga qui comporta una amprainta d'imprassion du d'iUustration. soit par la sacond plat, aalon la caa. Toua las autras axam'plaires originaux.sont filmis %f\ commthqant par la pramiAra paga qui comporta una amprainta d'impraasion ou d'illustratioiv at %x\ tarminant par la darni*ra paga qui comporta una talia amprainti. • ' " *■'* . - ■ ■. Un daa symbolaa suivanta spparaUra sur la darni*ra imaga da chaqua microficha. salon la cas: Ta symbols — »• signifia "A SUiyRE". la symbols V signifia "FIN". Mapa. plataa, charts, ate may ba filmad at diff arant raductfcpn ratios. Thbsa too larga to ba antiraly includadih ona axposura ara filmad baginning in tha uppar laft hand comar, laft to right and top to bonom. aa many framas aa raquirad. Tha following diagrama Hlustrata tha mathod: Las cartas, planchas. tablaaux. ate. pauvant *tra film*s * daa taux da r*duction diff*ranis. Lorsqua la documant ast trop grand pour *tra raproduit an un aaul clich*. il ast film* * partir da I'angla sup*riaur gaucha. da gauche * droite. at daJhaut %f\ bas, an pranant la nombra d'imagis n*cassaira. Las diagrammas suivants illustrant la m*thoda. i .... ■^ V • ■ ■ ■ . >^ 1 > ' ? 2 3 •■• 1 ' ' t 1 s • 2 ^^ ..;; 1 ■ 1, ■ • < 3 : - t ft • »■ 1 ■z 3 : _ . . ., . 1 Jk ' e A ^ ■«'"■■• - ' 4 Q o « 32X i ■■ ^ ' ■■ >J . V i wat«#^' '^ 1-^. .\v«^r>'v>^.»: -» ■««.■)« V ■ •-■■> «!. r'tiV^ia-** ^■ . *. . ■-*.¥.■> ?ii-*»j»*»rf' ;•' / •^^. rut • r *, m^- \ • .» ■ 1*. '" ',. \ « ■ i,*"*- Av-C' .. ■ ■i''-. '• ' -. ■■-. --■■ • .. > fes>^ ^^a^ M^ ^ m.^ ": \ 1 .... \J . •-;-:"«•,-■ y.V i^' :/'. •■ ,'fti:,.; ■/.'■/<' 't'n-ii/tif It/ it/f t^' I --'/t' ./,■',-','■* •"' '^t //•-,/..' . \l^.. ,■;. , ,v k *'N- 2 - f.. ■ ■'•',; '"-:;:^ 1 « -I < _ ij. flit- PirAi fr„! ■' ,VH ' ( Tf~ ff# H'ftf l^m^i/u/lf IHnii Orrnth . S. / ^r Hil-Ji IN pursu: Lieuteni cations ttad Government the followinj Schedule of Boundari No. 1. — Desci 2. — Mem 3.— Extri 4.— Extn — - 5. — Lett< C— Leth 7.— Lett< 8.— Lett< 9.— Lett /; 10.— Lett 11.— L^tt '\ :0- NEW BRUNSWICK OUSE OF ASSEMBLY, ^ ', • ~— . ■ u IN pursuance of an Address of the House to His Excellency the Lieutenant Governor of the tenth instant, relative to Commuhi- rations Bad by His Excellency with the Home Government ^nd the Government of Canada, on the siubject of the Northern Boundary, the following Documents were this day communicated :t- ^i,v Schedule of. Correspondence, p., connected with the question of th Boundary between the Province of New Brunswick, and Canada. No. 1.— Description of Boundary as in the Commissioi^ to the Governors. 2.— Memorandum of Minntes of Council relating to the Settlement of . ' Madawaska. v' ^— Extract of a Report by A. Gfesnor, dated 29th September, 18-J2. Extract from Despatch from the Lieutenant4iovernor Sir W. M. G. Colebrooke to LorJl Stanley, dated 30th Septembtrr, 1842, Jvo. 91 . Letter from the Surveyor General to the Lieutenant Governor, dated 10th June, 1843,— with sundry enclosures^ relating to Timber cn« on Land adjoining the River Sa^nt Francis. Letter from the Provincial Secretary to the Surveyor General, dated 21st June, 1843, in answer to *Xo. 5. ® Letter from the Governor General to the Lieutenant Governor, datetl 1st August. 1843, relative to the Duty on the Timber ttf Messrs. Glazier and Barker, and others, and notifying appointment of an Agent on behalf of Canafla, to mark the Boundary Line. Letter from the. Lieutenant (lovernor to the Governor General, dated 11th Aujgust, 1843, in answer to No. 7. „ Lette.r from the Lieutenant Governor to the Governor General, dated Ist September, 1843, notifying Mr. Baillie's appointment as Com- missioner on l^balf of New Brunswick^ and transmitting observa- tions by the Executive Council. Letter from the Lieutenant Governor to the Governor General, dated 13th October, 1843, transmitting copy of Mr. Baillie's Report, witii a Sketch. \ ■ ■ ' \ Letter from the Governor General to the Lieutenant Governor, dated 26th October, 1843, transmitting a Report firom the Committee of the Executive Council of Canada. ^^ __.&. „_^ 4.— 5.— G. 7. 8.— lo- ll.— 'h I ■'..■ ■ ■ ' ■ 1 "i ^.,, „,,„„,, -:w^ia ^^ tAuid^^J^^!^^ ^^ -rfiiiyif#ffi.-riTi1i - ""Tm ■ik»>... . . iMumM ,<-r 14. Hq ^j^—Tetter from the Governor Generfl, to the Lieutenant Governor, dated y 27th October, 1843, acknowledging receipt of No; 10. ^ 13.— Letter from the Lieutenant Governor to the Governor General, dated 14th November, 1843, tranamitting Report ofjthe Council of this Province in answer to the views expressed by the Executive Conucil of Canada. —Letter from the Lieutenant Governor to the (Jovemor General, trans- ilinitting copies of th^ Correspondence with Mr. A. Wells, the Commissioner on behalf of Canada, 15th December, 1843. —Letter from the Lieutenant Governor to Lord Stanley, dated 14th No- vember, 1843, enclosing copies of the Reports of the Council of Canada and New Bnmswick. —Letter from the Governor General to the Lieutenant Governor, dated 2d February, 1844, and enclosure from Oown Land Department, 1st February, 1844, transmitting Nos. 1, 2, 3, 4 and 5. JUiiitttnant Governor's Letter to the Governor; GeUeral, dated 14th February, 1844, enclosing Minute of Council, same date. 16. 17. - ■ No. 1. . The Boundaries of the Province of New Brunswick, as described in the Com- missiQns to the Governors, as follows : — ' " Bounded On the Westward by the Mouth of the River Saint Croix, by the *• said River* to its source, and by a linp drawn due North fr4m thence to the " soutliern boundary of our Provmce of Quebec ;— to the Northward by the said " boundary as far as the western extremity of the Bay des Chaleurs ;— to the " Eastward by the said Bay and the Gulph of Saint Lawrence, to the Bay palled '* Bay Verle ;— to the South by a line in the centre of the Bay of Fundy from " the River Saint Croix aforesaid, to the Mouth of the Musquait River, by the " said River to its source, and from thence by a due East line across the Isthmus " into the Bay Verte, to join the eastern line above described ;^ including all " Islands within six leagues of the« Coast." ' • ■ - ' -No. 2. . ;. Memorandum of Minutes of Council relating to the Settlement of^ Madawaska. In Council, 'i^th December ^MV!. The inhabitants near Madawaska to be registered for their Lots, conformably ' to a Plan of that Settlement this day exhibited by the purveyor General. V . 17eh July, 1789. John Robiche^n asks an Island about five miles ifelow fee Settlement at Madawaska, and a Tract onthe Main adjoining to make up 400 acres. May have 200 acres in the sitaation prayed for. ^ \'A. -f 1 ■ ■ *■ . - ^M, ,01W.rT«d«»J«.phT.nj«W,».VU^^ .May sit down on vacant Lands, and wport ttteir wiuano. » cured by proper Grants. ■ ,, ,^oi Public u8e8.-CorapU«lwitI.. _ p^ter Willet the Lot No. U, on the Joseph Micheaud asks the Lot ^J J^.J^-f/ '„„ J, North East side of the South feast side, and Noel I ern*r Lot .^^^^^^ River Saint J ohn, in the district o i Maduw aska. v.on p 5lh "'eftrttary, 1816. Antoine' Cire states that about , ix vears aao fae purchased from Louisant Thi- ^i..vu...,r -.f^ " — - - . K ,' Jm nn ft niecc ofrear Land^sitiiate m thereat bideau an improvement m^^^^^ ^ei£:Slpl^i G;^trla^e.-R^^^^ for ftirther consideration. , \iSth September, \9SX)' ' », r James Hanly asks for an allotr lent above the Grand Falls, near the mouth of T;oTRiver-Recommended fo, 200 acres. . . " 22a Jnnttart/, 1824. Madawaska.-Referred to a full Council. /» C'onnciV, 4f/i i|/if»rcA. 1824. 1. o!;ft -A,oa in the siluatioM pointed oiit, not crossing Simon Hebert may have 2^0 acres jn t^|g;«^ a'|^ FJ ^ ^. „ ^ sufficient the Madawaska River, and reserymg alj^^ Bank breadth for a Road and other public purpwep , *" ' * Alh Afarch, 1824. PeterCormeapravsthathemayhave^Gran^^^^^ right .oiMMd built a boim Mid Wn—GMopl'?"""'- . Bead ,«morid .f 'rP* H*ert^.g • Gj^»^^|2:t'JL t**.^ menti thereunto annexed.— Comphed with. ■; ,1 Kk^ A'J»w/ift«'/-,/|824.— In Conimittee John Baptisfe Olixer Thibldeau asks a (irant of alM of Land of Hixtv ro.!. fro., .and asinall Is^.hI of a\mit Hftee.i acre.. Iyin« imn.e.(iHtdv i,, / JS aT.d JMljo.n,nK Ha,d Lot o„ rh. S,u.tl.«...HterV Hid.: if 5.o Riv^r Sai, JoSn aC three n.UeH above the (^nn.d HivN-, pnrchHsed by him from thrwidoTof J«h cl::;^oriS: ""•""'"' ^''' »«--«~-dedoa pacing a fill t'e .' i«i/A Novitnfjer, 1821. » rr«frlV.V"^'™^"."*«'^,^"^'"'V*^^ situate nbont Bixtymile, above the Grft.,dlulU, on the Souths.de of the Hiver Suiut John, to co.niuence abo.,'t ^.xtjr rml8 ub4»ve a s.niill HtrCui, k„nu„ by the ..ame of Mill Brook, opposite to H« .n.prove„.e.. bo,.Kht by Je«.,e VVhe,.fock. and , known by Ueing cE the Ilarfard Jun.orIj the upper Saint John and its Tributaries, the Madawaska, the Saint Franom and Black, Rivers, has been very imperfectly explored, and as MAjor Grahann with •li^ Spryeyors is at present engaged in making a rapid ex parte exploration of the new Bounduy Line, I have considered it advisable to direct Mr. Wilkinson • ■ ^' " '^- -' '^-- " — •-"- and havinf -to p rocee d Mid explo r e^ &i^ line to th e limit w of this Pioviii o ei traversed the country with Colonel Mudge in 1839, I hope that he will be able ina^birttime to remote all uncertainty as to the direction of the line as described : jn/the Treaty of Washington. _ ;.■■.- --— -.• .:>»•. ■ - ,.---■-/■-.■■::.- ,•, \ .- ,\ 8 It is important that tbis exploration shoald be made, as tbe lumberers of tl.i« Provuice who have been restricted since 1839, from cutting rSr^fn^he £ .:iSuS':;itu?dX.'^«"^«7^^^^^ The Right Bonon^bleLorfsJSfr"^^ W. M. G. COLEBRODKE. Extract 0/ a Despatch from Lord Stanley to Sir WiUiam Colebrooke, dated „.„ Ti. .^ \^ ^ow»tngStre€t,25tA October, 1842. rfi! '^i , o*"® honor to acknowledge the receipt of your Desoatch No Ql :^d ti?B™?^i:^*^'^"'^ ^"""^"^ "^"^ ^'"^^ ^'^^ ProvinceTcraSJ I concur with you in thinking that it will be desirable to ascertain with n«. ZZ' th^^^^'^l^^t^^'"''. •* '^«^''^ ".annerrL li^o7^pa« i^i:: tween the adjommg British Provinces ; but for this purnose it will bfi rpn,S J^I consult, in the first instance, the Governor General WiS^ada ^ '^"""^^ *** I have therefore to direct you to place yourself in communication with Sir you LTuIIv S^lJ3r^^^^ •" '^^P^''' *» • new^BoLdiy^UnrS you are luiiy acquamted with his views. I have &c. • "«•« Lieut«„t Governor Sir W. M. G. CoIebnH>kf ^"''^ ^ ' STANLEY. U No. 5. Letter Book, page 202. (Copy.) Crowf^Land Office, 4tA June. 184.^ May it please Your Excellency, / -^ ' •'««^' 'a^*^- Certain persons, residents in this Pro/ince, did, during last year aonlv through the^'Agentsin Canada, to the/£rowA Laid Office "^10^ R^J'Satrif '^'^^r* Of WhitePfne Timber from LanJs SjdSthe 2 A * ffi ' '^"T*' ^"** ''*^*' •g'^^Wy (as I understand) to the regulation! P '*i!S'*'' ^^ r«-f«"rth of the Bonnie demanded by tharGovenfmSft " ^Kw'^.k"" «T~«f t'^o Let^which have been iddrewed to mr^ihe d^SrL'^i* ' T"?S 1" P'r"8>« "8ht of the parties to blTg^S T^iib^J down the River Saint John, free of any demand froi this Government whlthrisSt™it%tT*"»i^^^^^^ **'.^»"' ExcelIencr^S"h.formme I^S^StLfilSl^TrrsJ'^J;^^^^^^^ -*^-' molestation to Saint John. 1 J«ye_al80the honor herewithto enclose an extractfrom an advertisement in th« ^beo Gazette, by which You* Excellenov will n«««!„!^KTf^^.!"i'" ™! IhttVe, A c. His Ezcellmey Extract from the Quebec Gazette. y"^- *' Crown Land Office^ Kingston^ \5th Afaj/, XQA'A. For tbe Territory South East of the Temiscouta Portage Road, and on tlie different Branches of the River. Saint Francis and adjoining|fiistridt8, no regular Licences can be given at present ; but persons desirous of applying for such will have to correspond with this office until that Territory has been regularly explored, and placed under the care of a local Agent. (Signed) A. R. MORIN, Com. Crown Land^. (Copy.) , Fredericton, MaifX^ 1843. Sir,— With reference to Tiqaber cut by John Glazier, on tlie Saint Francis and Cabineau, as reported by A^r. Deputy Rainsford, 1 beg leave to submit the following statement : — ~ , Mr. (ylazier, in October last, made an arrangement to haul a small quantity of old Timber from the Saint Francis, part from tlie British side and part from the American, and was auxious to get more Timber from the British side to make a winter's work ; but on application at the Crown Land Oflice, I found that no permission could then be given. I was then Induced to ask permission from the Government of Canada, and in reply was told, through n)y Agent, that the subject of my application was under consideration by the Government there. About same time, the (government here came to a decision to receive applU cations for Timber above the Grand Falls ; and wishing to make sure the grounds Mr. Glazier was then working on, I applied here ; which application was received, and the Timber advertised for sale in January last, but eventually postponed until February. About the time of the sale, I received a communication from Canada, informing me that the Commissioner of Crown Lands there would receive the money and bond, on my application, which he said would authorize Mr. Glazier to goon with his work,>although no formal Licence could then be granted,. with which I complied ; and the Commissioner of Crown Lands has since received, from my Agent thereon, the usual proportion of money for the Stumpage of 2,500 Tons of White Pine Timber, cut on same Grounds as applied for here, and as reported by Mr. Deputy Rainsford ; but as yet he has not sent me tlie Licence or permission, but 1 expect it every day, ' • Having stated the whole of the circumstances to you, I beg leave to say that Mr. Glazier is now driving the Timber down, and intends to raft the same near his own place, belovir the Short Ferry (so called) ; and I am perfectly willing that it shall b^ considered to be in the possession of the Government until I can make it appear that a great proportion of this Timber, reported by Mr. Deputy Rainsford, has been obtained under permission from the Government of Canada. 1 am, &c. (Signed) SPAFFORD BARKER. Hon. Thomas Bnillie. (C6py.) ^ , Fredericlon, lOth June, 1843. Sir, — With reference to my Letter of 19th May, I now beg leave to hand you a Receipt, received yesterday (through my A^ent) from the Crown Land Office in Canfida, for the payment of one quarter of the Stumpage of lOO.OOC " feet of White Pine Timber, cut by John (ilazier last winter ; and as I sent a Power of Attorney in March last, legally prepared, to my Agent, for to execute Bonds for the remaiaing three gnarterL ^ he Rec e ip t for w h ich liaH not heen received, may 1 ask the fevoar of yon JJ^nform me whether • Receipt of the same kind from Canada, for the remaiwil three quarters, with the enclosed, tronld be a snflictent authority for you to pass, without payment of Stompage ' "• ' l n il. -*^ • «^M^r**f"'3''^EMl!»n 1 Croum Land Office, ith July, 1843. S Jr^ T'"'''"""' **•" -l"*""*/ "K^: «ay 2.500 Tons, of Mr. Gtericr'a I aoiv &k nou.Thos.Bai.ne.SorveyorGe^r'^^ H, SPAFFORD BARKER. ■■ ■'•<,. ^ . ■ . ■ ! . ■ V . I *., Received on the 28th March last, from Messieurs Barker and Glazier per i."' /'' ^T' *'r 'T °f ^'^^ ''^^ P"""ds. One ShillSfgand SSnce ^X. « V "^ »"«-';"'•*»' of «'e value of 100,000 feet of WhiS. Pine^TiEr* ?a ^ "i'PT^.P^" ^°''*' •"*^"^«"'* *» »>« «"' V them on the vacWcTowu !S^1SYS4J'"^S.*^?•"«^ River SainfFranci,, durin^S^ (Signed) T. BOUTHILLIER. Letter Book L., page 281: . (Copy.) . May it please Your Excellency, I have the honor to transmit herewith, a Letter which T have this duv r.. ce,ved from Mr. Spafford Barker, wRh it; enclosures, res^ecHnTtK slTFrZr^'lf^u^l Government of Canada, on Timber *uf on tKve ?- Francig and Cabinfean ; and as this may become a question of some ImDor- Sto'fhetTen*? !;^''"-\»"?*™«««- ^^ «»/ «"Wance i^n the pre^^rraC, as to the extent to. which Licences are to issue in this Province towards the muntatC '""'"' '" "^^ '"*' "''"' ia the^ul^::: o*?Th" com! '- Iliave the honor, &ct „. ^ „ (Signed) THOS. BAILLIE,&Gf. Hw Excellency Sir W. BI. G. Colfibrooke, K. H., &c,&c. &i. ^^Sr^ 1 \^-^ ' -^r««fericA)n, /«/y3. 1843/ /fa. Ifc'^ 1 ? *** "•'' Communications of 19th May and 10th June. P^rJ 5^t!I«?.'«f^f) concerning the Timber cut by John oWr, on the Saint l-rancis and Cabineau, under pernnission of the Government of Oilnada. I now •lofh fX.!;,?!' Tr^* "i?Py "^f ^^'i marked A, from Mr. Bouthillier, of mtZy^7 ^ ' r^'' ^T' '^l'«*'egotiated the matter therefor me. through if«L ? *i' ^ '^^"''' ** '^**1''* *PP*"' *^**<»" «"' paying the money, and givinir bonds m the nsual manner, he (INIt. BouthiUier) saVwe would be withoriTed tS carry on our operations, upon which Letter T acted; and accordinKlv. as stated by me on the 19th May, I re^iitted the money. a,d forwwded i' ^^er of Attorney to give the necessary Bonds. The Receipt for the payment of one quarter it the StumDaoe. I enclosed in ZCJ ^^^ ""'"'•' •'"* •'•^ ""' "***"* *^"" ^xecntJZ'BoT^l^the ilf^U^'^ m ' ^Py "^ '^y V®'*®'' ""^^^^ B' *o Mr. Kerr, of I6th June, asking in wliat position we. would stand supposing we did not ejcecate the Bonds and his answer «iereto marked C, by wSk it appew. be considered not only me, but himself? bound to complete the negotiation. ■ n a vejhfir efefe^^-'" •- > -— — -~^~~~ — felt mya e lf pl e dg8d,Hw*d4n^ honuf bound, to wmulete Ui« payment to Canada, and We therefore executed and forwarded the Bond to tdat CToyeniment, through ray Agent there, and trust that as the Timber so ETiS'n^ Sf ?f"'«''*»iC:ovemment isnow in Saint John, that inactions will be gl\ en to Mr. Deputy Allan not to interfere or interrupt us fq the disposal thereof, ^^ 1 ani,°&c. B».Tb..B..,„.,S.;SiS;^L„,. *..*.&:. SHAFFOIIO barker. e various quantities of Timber you have applied for, which will authorize the parties to carry on their . operi^ions on what is clearly established to be vqcant Crotcn Land. This how- ever/ they must be left to find out at kheir own risk, «iM-they must carefully - av9id entering upon any even doubtfidTract*. ■ \ remain, &c. To Job. Kerr, Esq., Qnebec. (Signed) T. BOUTHILLIPR. ♦Memo.— I beg leave to remark, that the River spoken of bv Mr. Bouthillier as « Uburnuni, and not known A« the Surveyor General, is "the " Oibiueau " a well known River which empties into the Temiscouta Lake. T!ie mistake originated with Mr. Kerr, in preparing the application from my Letter, and was , afterwards pointed out and understood by the Surveyor General of Canada. \ Fran^^s"^ ""* and 381, referred to, were the applications t)K the Saint \ . (Signed) . S. BARKER. (Copy.) B JAMES ri. KERR. E«iuire: frederu,on, June IG, 1843.- .ojli^t'* ^'5:~^'' P«°wton;8 Letter* of5U, instant, is at hand, enclosing Re- ceipt from the Crown Land Office in Canada, for £.52 1 8; also. Bond to be executed for balance of Stumpage of 100,000 feet of White Pine. . * Ihe Receipt I have submitted to the Honorable the Surveyor General, with tK* « • * r'^ u"'** 1"**"" ""* 1*'**'*" * "«««'n* "f «»™« 1^'"<1 f«r the balance will be sufficient for him topassonr Timber, without Stumpage from this Province. I wL T^^°' ^^"""^^ i" submitted the question to His E^^cellency the Lieutenant (Sovernor, and I cannot get an answer until after the next meeting w®ii ^^^* Council, which wiU be held on the 5th July. * rrJiJ'rIT *"**r™ "*® whether, from the nature of your communication with I am, &c. I (Signed) ■ SPAFFORD BARKER. 4h- J2 .V (Copy.) ^ '• ^c; -':.'-' SpafFOrdVrker. Esquire: ^^'e6ec,J^23,im. the StumpaRe cut within the Territory which forms nart of thRt Pr«vi^n! 'V • Sr'Jt r" *"«? ; *•■« 8? compromised, thaWrecouree wiU be bad as Jnst us * I am, &c. (Signed) j; J. H. KERR. No. 6. ^^3'^ I J- , Secretary's Office, f^ederictm, Slst June, 1843. referred to in vour 1 Ptter ^ fi^t iV^ • ^ .1 . "® ''^^^ '^ *»' *he P«Wtie8 The funds thus reali;ied tc carried tp the Credit of eithe situated when Surveyed. X be held to the Account of a separate fund, to be ', Frovmce withm which the Lands are foiind to be 1 \ (Signed) The Hon. Thomas BaillW, Snrveyor general. I have, &c. WM. F. ODELL. . ^Nd; 7. ■ " Copy af a Despatch from Sir dhfles Metcalfe to Sir Wm. Colebrooke, dated (Copy.) Gov^tnent House, Kingston, Ut August, 1843. nf Prn'j;; r 7 *^'^??"?r to tranUit a Copy of aLetter to the Commissioner of Crown Lands m this Province,! from Mr. Kerr of Quebec, AgentTK^ Gkz er and Barker of New Brunswick. From this it a^ars^Sat thf iXr Gentlemen are called on by yourfGovemment to pay StSm^e dues alreadv paid or secured to the Government of Canada, on^countTriSr ^t oi noticed, to be ajtoyaeemed as terrifcoiy of New Branswiok, " I trouble you on this aabjectJn order to convey my raqaest that M«bh». S.?l LTJ" "^ ^J^'^T^'^^ *«y «« "Aew to have bS^ alw^idy Lid tTcSS T i'mikL'I ^;:^^ ° ' 'T y' " f '^ p ron a wio n , a n h u ibs n n d d l y c olle c te d by C tt Bftd groir Tiniber cut on; snch Lauds, shall be refunded to Now Brunswick. ^^■""°' *"* 1 have nommated a Gentleman as Agent for Canada to mark out with one N ':^' .^<, [No. IWy ew««?,22rfJi«/y, 1843. . Slft,-/Referring you to my several communications 358, 399, 6l«, 620, 10, 23, 48ir62, 103, all of them on the same subject, and relating to the Timber cut Mit»6rt of what was heretofitjre called the " Disputed Territory," within the mvince of Canada, by Messrs. (ilazier and Barker, and to the fact that these* ^Gentlemen having through me made payment to yon of the.usunl quarter in*\ stahnent, as also to their having at your desire transmitted to yon their Bond duly executed, securing the remaining balance, I am now to state to you, by desire of mv clients, that the Government of New Brunswick insists upon Messrs. Barker and Glazier either giving Bonds for the payment of th^tnmp^, already paid and spcured to you in yoiir Oflice of Commissioner of Crown Lands for the Province of Canada, or delivering up'a portion of the Timber cut by them, em the plea that the said Timber has been so cut within the territory of New Brunswick, aiWl not within that of Canada. " Ijtrust thot this motter will engage your immediate attention and interposition, : for It is imperative that such a statte of things should not be suflFered to subsist, \ »8 *hat any ^^t should be called upon^to pay into the Treasury of New Bruns- \wick those Duties which have ac^rtld to and been already' received by the \ Government of Canada. * * ■ \ I crave reference to the several replies of the Crown Land Department over ^hich you preside, to my communications as numbered above, more particularly to that of Mr. Sancred Bouthillier, the Assistant Commissioner, of the 10th l^ebruary last. \ I would also very respectfully pray that yon will be pleased to acknowledge tlip receipt of Messrs. Glazier and Barker's Bond, which I transmitted to you inimine, No. 103, of the 6th instant, if the same has reached yon. ' - I have, &c. «i * ^ « . n n , ^!'«"*'*^ ^ JAME3 H. KERR. " Ho<^. A. N. Monn, Com. Grown Lands. \ ' ... \ ■ : ■■ . ■■. . ■ ■ - V-- ■ ■ ; ■■ — \ • ■ No., 8..* ; ■'■/•,/"'■ -■ ■ ' Cop^ Despatch from Sir WilKam CoMbrooke to Sir Charke Metealfe, dated (Copy.) fkef^ericton, N. B., \UA Juguit, 1843. SlB,-^l have had the honor to receive Xour Excellency's lettpr of the Ist instant, enclosing one from the Agent of Messrs. Glazier and Barker of New Brunswick. / . The applicatioii of these per8ona,/that their Timber might be aMowed to paw free of Duty, on % ground of Stmhpage dues having already been paid or secu- red to the Government of Canada, was broaght by me under consideration in Jgffl yg'^. «M»d »j y«a d« a d«d . ^ ut L under jhft fii rr nm rtimwe< nf the eas e , an-ad^ I '» t — ^ Ti^--. — -7 -z- :■ — — I — ■j.-j_33gH i r » y " - vv « w Mg i ii ii.i ii iiMi i n»'^ I II Mie caa e , an aa- misfflon of tbeur claim wipw Brunswick hod not been defined in that part of^ the Disputed Territory acquired by the Treaty /of Washington, it was not considered advisable to grant the Licences which had been previously applied for by Messrs^ Barker and Glazier, and other pertions, at the Crown Land Office ; and the same considerations may have indnced the authorities in Canada to abstainfrom laying out Timber Bertiis witltin the un- defined Territory. >. In the present season nnmeroufl^pplications have again been made for snch Licences, and much disappointment qas been exprei^d by thci parties, from the objection entertained by the GOvemnitot, who have thus relinqui8hed a consi- derable Revenue which would have accrhi^to the Province from Lands which it is considered will be found to belong to iM Ybur Excellency has requested that Messrs. Glazier and Barker, and other Earti^ in a sitnilar position, may not be prised for payment of dues which they ave already paid to Canada, on the assurance that the sum ijndnly paid to Canada on Timber cut on such Lands, would be refunded to New Brunswick. This request will bje duly submitted to the Executive Council, with whom it devolves on me^to consult in all questions relating to the administration of the Crown Revenues. ' ' I may observe, however, that if parties can obtain in Canadjt permission to cut Tirobef'on the undefined Territory, without defining the liiwts, and if tliis GovemmeMjrere to make the same conc^ion, not only would ooniliets una- voidably ens^Hti^t the Provincial Laws for the protection of thct Lftqid Ilevenue . would be extensively evaded. " a . On the other haudt no great inconvenience can result from thit suspension of such Licences iintil uie Boundary may be defined ; when the Laws of Canada and New 'Brunswick will admit of bemg respectively enforced in such portions of the T/errito|y as may appertain to them ; — and from the quantities of Timber brought by the Americans to the Sunt John Market, the price at present has , been greatly reduced^ The Stumpage paid to Canada and New Brunswick would appear to be less ' thau/that which the Aineficans exact for t^e privilege of cutting within their Territory. Ihave, &c. / (Signed) W. M. G. COLEBROOKE. Hb Excellency the Bight Hto. Sir C. T. Metcalfe, G. C. B. &c. Sec. &c. V ■• . \ . , (Copy.)^ \ . Fredericton^ N. B., 28th Avgmt, 1843. Sir, — With reference to Your Excellency's letter of the 1st instent, I have the honor to inform you, that I have ilirected the Surveyor General of this Ikp- vinoe to proceed to the Frontier, and to meet the Commissioner appointed ^f Your Excellency, in order \ to trace, if possible, the Boundary of Canada and Xew Brunswick. Having brought the subjc^ct of your letter under the consideration of the Execu- tive Council, I will take an early opportunity of forwarding to Your Excellency a Report which is in prepara^n. . I have, &c. ■Wf; ISi^e^ Sir C. T. Metcalfe, &o. tu. &c. *^^*||*— — — ^— ■■■^^— — ^— — ■^^»^^^» I. 1,1, B * This Rerentie eoald not have been appropriated pending the dispute. Jg^J i L-GLil^QLEBRdOKE^ .^ .>" V " - , WJ"-. • . < I .... 15. • - ;• .- ■•— ■ No.'9X '^ - .. ..y--v^:' -' ■■'■; CV>/>y of a Despatch from Sir William Colebrooke to Sir Charles Metcalfe, dated (Copy.) Fredericton,N..B.,UtSeptemberflSi3i. §iR,_With reference to your Excellency's letter of the Ist ultimo, I have the honor to inform yon, that I have appointed the Honorable Thomas BailHe, Surveyor Geiieral, to proceed to the Frontier tt> meet the Commissioners appointed by Your Excellency, with the oliject of endeavonrii^ to trace the Boundaiy betvreen the twb Provinces, as established by the R6yal Proclamation, 1783, and the Act of Parliament, commonly called the Quelle Act. Mr. Baillie, after completing his explication, will return to Frederictota, and jreport to me the result of his observations. The'failure of former attempts to define the Boundaiyi leads me to apprehend that the present will be equally unsuccessful, and that it w^ill devolve? on Her Ma- jesty's Government to establish such a Conventional Line, as will be the best calculated for the interests of the two Provinces. /! Referring to my letter of the 1 1th ultimo, having brought the subject of our correspondence under the consideration of the Executive Council, I now enclose an extract of their observations. I hope that their sugge^tioa for the protection of the interests of Canada op the Timber that may prove to have'been cut oh the Territoryof that Province, will be satisfactory to YoOr Excellency. I have, &c. * ' . (Signed) ' W. M. G. COCFBROOKE. His Excellency the Right Honorable Sir C. T. Metcalfe, &c. &e. &c. Extract from the Minutes of Council, New Brunswick, 26M August, 1843. (Extract.) Having perused His Excellency the Governor General's Despatch of the 1st August, we must express our entire approbation of the seizure of Barker and Glazier's Timber, for the non-payment of Stumpage to the Government of this Province, as in our opinion, the right of Canada tothe Territory oflF whidi that Timber was cut, cannot be sustained on any just dr reasonable grounds. It is much to be lamented that the Canadian Government has receyitljr asserted any such right, as the Government of this Province, to avoid coUisidni, and with the expectation that Canada yrould adopt the same course, h^s refused to sell any Timber between the Madawaska and Saint Francis Riv^i%, while at this moment, numerous parlies are proceeding to work in varibus quarters, on the this Territory in question ; some professing tojiave the authority of the Canadian Qpvernment, and others acting under no authority at all, but striving to secure a share of the plunder ofiT what they now consider as neutral ground, b^elonging to neither Province. Such a state of things ought not to be permitted hy this Government, and prompt measures should be adopted at once to put a stop to such Trespasses, by exercising our accustomed jurisdiction, and seizinj^and prosecuting to condem- nation air the Timber now being, or which hereafter through the Winter may be .cut without legal authority. It is proposed by the Governor General, that if the Land in question be de- t^rminea to be a part of New Brunswick, all sums unduly collected by Canada, for Timber cut on such Lands, should be refimded to this Province ; but as the I I I I i Ilinn III III llil ^y^'^'^gp"! iiyihe expenses of suryey and inspection, which is less than tnPHme Timber cainllKseld for here, we would suggest as a counter propoufion, that until the qnestiom be settled, the sale and management of tiie Timber and Land be continued 4ii the Govern- ment of this Provincie, atid that one shilling per ton be guaranteed to^Canada on t-^ 44*-- vx ■ ■:" -^ \^:V'/ . ■/■."■•■'- ■ ::.;'^ all Timber brought from such parts of, the Territory as may ultimately fall to that Province. Should this proposition be acceded to, much elxpense and trouble would be saved to the (Canadian Governiuent, collisions between lumbering parties, and numerous frauds would be prevented, and the nett sum which would thus be securnl to Canada, would be as great as could be realized by the exclusive con- trol of that Proviuce a^the present rate of stiimpage ; while this Province, in the event of the Territory falling to Canada, ^onld incur all the expense of inspection and management, and would be entitled to so nmcii only as could be realized over and above one sliilling per ton, and the expenses of supervision. Extract from the Miffutet. . . WM. F. ODELli. <\ ^th AtlgUHt, \Qi%L ^ 4 _ „ ^ • . '>'J^ " >■■ - ■'',■., ■ No. 10. A '■ ^ ■ - ' , ■■ Copy Despatch from Sir Wm. Colebrooke to Sir Charles Metcalfe, dated (Copy.) Frederkton, N. B.,\3th bctober, IQiH^ >SlR, — Referring to my Letter of the 1st 'September last, I do myself the honor of enclosing to Your Excellency the Copy of a Report whiclt I have this day, received from Mr. Uaillie; the Surveyor General of this Province, in nnrsuanbe qf the Instructions under which he proceeded to the Frontii^r, with the object Of endeavouring to trace the Boundary Line between the two Provinces. , The lateness of the season rendered^ it impracticable for Mr. Baillie to delay this operation in the expectation of being joined by aCommissioher from Canada, and it was desirable that his Report should be received on account of the im- portance attaching to the question in the estimation of the people of this Prdvince, and the probability ihat the Assembly will address Her Majesty on the subject, in the ensuing Session of the Provincial Legislature. Mr. Baillie's Report is accompanied by a Map to elucidate it. 0. I have the honor, &c. (Signed) W. M. G. COLEBROOKE. Hii Excellency the Right Hon. Sir G. Metcalfe, G. C. B. &c. &c. &c. ((Copy.) Croton Land Office, Fredpicton, \Sth October, 1843. Sir,— Having been informed by Mr. Secretary Odell's Letter of the 2hd of September last, that His Excellency the Governor General, Sir Charles Metcalfe, had appointed a Commissioner to trace the Bonndary^between this Province and Canada, and Your Excellency having directed me as CoiiimissioQer on the part of New Brunswick on the same, to proceed to th^lfrontier to put myself in. communit^ion with the Catmdian Compiissibner — I have the honor to Report, that in obedience to your ,J^ \r ■ ...... ■.- ■ : . ^ ,.7 . With that view also I proceeded by way of the (irand River and Restigouehe to the Bay des Chaleurs, and Your Excellency having tlirected my attention to the Royal Proclamation of 1763, the Act of Parlianient of the 14th Geo.'3rd, Ch. 83, commonly called the Quebec Act ; as alao to Boundaries of the two Proviocea as described in the Commis^iion of Lord Dorchester; I had reference to these several Documents, and found, that by tlie Act of Parliament the Pro- vince of Quebec was " bounded on -the south by a line from the Ray Chaleur " along the highlands which divide the Rivers that empty themselves into the •' River St., Lawrence from those that fall into the Sea." in order to survey and mark the above -Line on the face of the Country, it beuimie necessary to discover some definite point as a starting place ; and on reference to the Boundary of this Province as extracted from Lord Dorchester's Commission as Captain General and Governor in Chief of the Provinces, found the following words :— ^.^ J: :_ V " Bounded on the westward by the mouth of the River St. CiV>ix, by the said " River to its source, and by a line drawn due north from tlienceto the southern ^'Boundary of the Province of Quebec ; to the northward by the said Boundary, ♦' as far as the we&tern extremity of the Bay des Chaleurs." Here then we find that at the western extremity of the Bay ded Chaleurs, the line which divides the Rivers as described in the Quebec Act must terminate, if run from the reverse end of tlie Boundary ; and also become the starting point, if the line is' to be run firom the Bay des Chaleur. It waes therefore my object to discover what point constituted the tuestern ex- tremity, andxl was glad to find that nature hda so strongly mailed the spot, as in my" humble Opinion to leave no opening for discussion or difficulty. it is situated at High Water Mark, a little to the eastward of Mission Point, on the. north side of the Bay de« Chaleurs, about a mile above Campbelltown, which is on the south side of the same Bay. From this point the line would run about north until it strikes the highlands described in the Quebec Act ; thence' following those highlamls, which can be ^ily traced, till it terminates at the Boundary Line now about to \^i run, agree- ably to the Treaty of Washington, neat the sources of the St. John River. in order to elucidate the above, I have prepared the accompanying sketch of the Country through which the line will run, agreeably to the Act of Parliament and the other Documents biearing on the subject. It is hardly necessary for me to state to Your Excellency that if the " Atlantic Ocean" is^siibstituted for the t* Sea" as the receiver of the Rivers which do not .flow into the River St. Lawrence, and that it is to be accepted in its literal fleose, no such line can be found in these Provinces, but the Boundary as described by me is-as capable of being discovered and marked out, as any ^nnite line on the £Me of ^ earth, and it no doUbt legally oonstitntea the Boundary between Canada and this Province. / As the Commissioner from Canada did not appear, it was not within the line of my duty to proceed witii the exploration and survey of the Boundary, but I can at any iiitare period fttfend to that service should Your Excellency require it to be^done. I beg furthejir to Report to Your Excellency, that throughout the whole of my Tour in the ^pper part of the River St. John, 1 found the inhabi- tants desirous of remaining/under the Government and Laws of New Brunswipk.' and 1 was informed^ a Magistrate of the County of Carleton, who resides at Madawaska, that a^tition to that effect was being prepared, and will no doubt a. v * \ shortly r e a c h Y o nr E i codl e n cy; I have made this hasty Report td Your Excellency, agreeably to your wishei^ but IMKmtaliUi the eiMellbe of what might be written on the snbject, and should ts ^^ leasiire i- Ydur E^c^^arr re Eseellency Sir W. M. G. ColabnNdie, K. II., «tc.'«ic. &c. No. II. Copy Despatch from Sir Charles Metca^e to Sir WMiam Co/ebrooke, ^ated CCopy.) Government House, Kingston, 26th October, 1843. Sir,— I have *he honor to transmit, and recommend to your considerirtion, a copy ofa Report from the Committee of the Executive Council of this Provihce relating to the Piities on Timber cut on Lands of which the appropriation to either Canada or New Brnnswiok is at present in question. ' ' I - ^ |iave', Ac. f Signed) ' C. T. METCALFE ■ His ExeeUency Sir W. M. O. edSbrooke. , ' • ♦ ■ - . , ■ ■ ' " "' ■ ■ (Copy.) _ • To His Excellency tlie Right Honorable Sir Charles T. Metcalfe, Bart, and G. C. B., Governor General of British North iV|ij|§fea, Jic. &c. &c. In Council \2th Oc/ofier, 1843. i Report ofa Committee of the Executive Council Apt»roved. {- Present— The Honorable Mr. SulliVan in (Siped) C. T. M. ^ the Chair; Mr. Dunn, Mr. Daly, Mr. Hincks, - , ' ^ Mr. La Fontaine, Mr. Baldwin, Mr. Aylmir, ' and Mr. Morin ; on certatn Despatches from the Lieutenant Glovemor of Neir Brunswick.' May IT PLEASE Yotm Excellency, , The Committee^d|l;he Executive Council, in obedience to Your Excellency's commands, have tioHn in consideration— first^ the letter addressed to Your Ex^ cellency by Sir W. M. G. Colebrooke, datdd Fredericton, 1 1 th August, 1 843 second, the letter also addressed to Your Excellency by Sir W. M. G.'C brooke, dated.Fredericton, Ist September, 1843 ;— thic^gAhe copy of a Mi: of the Executive Council of New Brunswick, accompanPng the last inenti letter. . i "K « • ^ ^,,„ The Committee ;6nd in a Report of the Executive Clonqcil of this Province, dated 27th July, I84j?. and approved by Your Excelleqcy on the day following : — " The Commissioi *' exploration in that' *' Road, and the Lak " and Saint Johns, an cot an< Crown Lands sets forth, sedohdiy, the necessity fot "W Canada lying west of the Temisconta Portage ***^'''^^"'!outa, towards the River Saint Francis Itaits ^» should be adopted, ^„. _^„ ^ .„^^ *....„v. u.,>cuvci> uu uic " said Territory, taking bare thatnntil the respective boundaries of Canada and !! ?.^r„?ij'™T!S.^ ^-f^*^ and surveyed, no unneceasary interference with the reye Huthoritles of the latter Province be dlowed, and that iii'case of iuylmforseeii " difficulty, the matter be immediately reported to YoUr Excellency, so that rio ** misunderstanding may arise between the two Provincial Governments." ' ^ ■ i.« 4 :■ 'J y'. i- ,4 V - v »'^ 'VI ■^■ r 4 ." x^ be brought da it is of R8 fi \: 'i# "f . . _^ * ■.'.^iiki,-^H^^BK-- , The C«mmittee beg leave to wsare ¥6iir Excelleney, that in alluding io the necewity of avoidipg any collision with the authorities of Ne*»r Brunswick, they were not led by the belief that under any circumstances whatever, that portion of Territory ooBdd be found or declared to belong to the Prqvince.of fJew Bruna- wick, but by the fact, that as all Timber manufactured in those parts must n to th6 shipping, Ports, through the waters of New Brunswick, the power of the authorities of that Province to defeat tljat trade, is. concerned, by dealing with that Timber as if it ha«l be^ cut on their own Territory. Snch k course would be highly [trade, and to tlie interests of New Brunswick and Canada ; that tUtlfiffiutive Council have .every reason to believe that it will not^be adopted, bUtfflPthe proposals hereinafter jontained, which are mainly, gounded mipn th»- pcpposals on the part of New Brunswick, contained in th.i communications above rocitedi' will Meet with the concurrence and approbation of the^Goveriinient of Ne# Brunswick, as a means of preserving peace and harmony with this Uovera- ment. until the Provincial Commissioners, who are shortly to me^halL Have agteed upon a fixed boundary line, or vintiliheanatter is decidejHJy the paraiponnt autHprity of the Imperial Government. /. <\ — -^r^ • Sm ^^' The Committee understand, that Mea/rs. Barker and Glazier were not allowed to ship their Timber without paying the dues required m New Brunswick for StUmbaiw. although they had paid- the whole of those dues, as customary, in CanaSaT 'Mr. James Tibbits, wUhad alsopaidThere one fourth qf the dues,»id given ®pn«t for the remainder; «pon a certain quantitjr of Timber cut in me ume i3y, ajleges that he has been obliged to pay dues m New Brunswick, and that at the same' rate as upon Timber cut without licence, although m the pre- vious correspondence from Your Excellency With the authorities of New Brun#^ wick, his case waft mentioned, as well as that of Messrs. Barker and Glaaier. It is very questionable whether the Timber Trade can go on in those parts, if the Lumbjiere are to pay doubly dues, aud take licences at the same time in New Brunswick" and in Canada. Henp? an obvious cinirse w pomtecl out, vi« : a temporary ^angement between both Provinces. That was no doubt the object of the late iJommunication froifi New Brunswick, and in the prisent instance the Committw are ready to further^uch an lirrangeraent in the same Siirit of conciliation, to prevent an objection to ac»ede to it on the part of ^ew runswick, upon the ground that the course intended hiight contain an admission on their part against their claims, the Committee are ready to record here, that nothaiK done in the present emergency, and in view of a temporary amicable affiMgement, shall be construed on either part as part of the reasons up.)n which thoee claims may be more or less favorably viewed. With this understanding, the tommittee entertain every hope that the jarrangement may be effected. The proposal not to gianFany licences, but ta leave the whole of *!»»' '^^J^^' tory furthermore open to pillage, as made on the part of New Brhnswick^ appears highly objectionable, the more so, that a hirge number of persons are known to have invaded that Territory for lumbering purposes,^ and that a still larger nmuber will do the Hke during the next senson. Independent of the waste of Timber when so cat at random, and without any authoriaed supervision, there wtould arise oolliWons which- could not be repressed, and which would brin^ at issue in s much more unfavorable way, the very question of Imaite which is now ^The^Commitiee therefore see nothing in the late correspondence from New uvuiit the Bal»^licenc c 8, whjnh wa s h> take pl^ The sales of licences are to be Ijinited at present to those portions of the Terri- tory lying west of the Mudawaska River, and there remains enough east of the same River of thp Territory contested between New Brunswick and this Pro- .yince, to allow aniple field to Lumberers from New Brunswick, who may be left , to carry their operations there on the trespassing system. Under the present proposed arrangements, persons having taken licences at the same sales, will be considered as entitled to equal and conjoint protection on Mie part of New Brunswick and Canada, and the supervision in the Timber Berths ought to be considered as exercised conjointly on the part of both Pro: vinces, by the Surveyor's Agent, and others who may go there, on either part, being required t6 act in concert. The holders of the licences will have tobe' required strict y to confine themselves to the quantity mentioned in their licences, one fourth of the dues having been paid here to secure the fulfilmedt of the con- tract, and Bonds being taken for the rest, those Bonds, if the arrangements are acceded to, w^ould be payable in New Brunswick at the Canadian rates, the proceeds to be dealt with as will just now be mentioned. As to the Timber cut on_ that portion of tlie Territory over the quantities mentioned in the licences, or without licences altogether, if it canuot be prevented, the authorities of New UrunsTwick i;iay take the dues at their increased rates; the amount to be also apportioned as will now \)^ mentioned. ;" T'r "™"««'»Pn* to h fw tte present season only. The one fourth paid here to belong to Canada as a cbmpnsation for the issuing of the Licences and for the v^exploration w^uch is oWeH^.take place, and for the share of Canada in the VPMpervision n<'xt,Winfcerr,as may be agreed upon in a further correspondence. ut the three fourths i-eniaining, one fourth to belong to New Brunswick as a compensation for the Collection, and for their share in the supervision. The other half,wh6n collected to remain in the hands of New Brunswick, until the J St day of January, 1845, unless «ie question of boundaries is sooner finally * decided, upon which date, one half thereof, being one fourth of the whole, to he provisionally paid to Canada, and the other equal half of the one half to remain pFojisionally m the hands of New Brunswick, but the whole of the undistributed half to remain in abeyance until the question is decided, and then finally to go to either Province, ns the Territory shall be found t» belong to the one or the other. 1 he dues collected on quantities of Timber over and above the Licences, or cut without authority, to be divided in the same manner, viz : one fourth to Canada, and one fourth to New Brunswick, for their respective expenses of management and collection, and the remaining half to be divided, subject to the final dedsior as above mentioned. Each Province to furnish to the other from time to time all statements connected #ith the matter, and Canada to send to New Brunsivick i plan shewmg the temporary division into Timber Berths, and a statement of th< Licences given, and of the quantity of Timber contained in each Licence. ) The Committee earnestly hope that this proposal will meet with aptffobation oh the part of ilie authorities in New Brunswick. In the bare possibility of a eontnwy resultj' the Commissioner of Crown Lands will see that the bidders for Licences te well inform e d how th e factt stand, Bo^bat^iwuttforcacctt difficulty ortdaim- be hereaft«r raised. ^ The Committee will not dismiss theques«on of the Boundary" Line, but a sim- ple glance at any Map will show how conciliating is the policy recommended itt the present instance. The boundaries of New Brunswick, both in the North iM c? 21 ,\ to Che Wi^t are well ^fined, being on one side the River Reetigonche, and on the. other the line between the British possesnons and the United States of America. It is evident that those limits must be completed at the nwth west angle, either by a prolongation of the line dae North of tixp Treaty of Washington, until it intersects the River Restigonche, as put on Mr. Bouchette'a Map, or by a continuation westward of the line of the Restigouche River, until it struces the River Saint John's ; any, conventional line under Imperial sanction to connect the two above points, which a^ by no means very distant, cannot be uiade to widen again into a circle so as\to cooiprehend an immense district totally discon- nected with New Brunswick./ The rights of New Brunswick upon Timber conkjing from that Territory amount only to its being transported to the Sea on tite New Brunswick waters, but the same may be said* as well of Timber coming fittm the parts belonging to the TJnited States under the Treaty of Washington. The Committee would respect- fully recommend that no time be lost in sending to the frontier the Commissioner who is to meet the Hoqorable Mr,t %ullie. Should nothing beyond a more ample discussion result from that conference, the authority of the Empire will have to be appealed to. ' . . The Committee cannot close this Minute without again expresang their hopes that the provisional arrangements herein contained will prove satisfactory to New Brunswick, they being founded both on a principle of justice and of non* «ommittal. ^ All .which 19 respectfully submitted. ,)> (Signed) , R. B. SULLIVAN, CAairnum. \2t/i October. . -i^y'i^f A true copy. (Signdl) G: PARENT, C. i;. Q s .4 ■ if, - '.-^. I-' No. 12. Copy Despatch from Sir Charles Metcalfe to Sir William Cokbrooke, dated Government House, Kingston, 27th OcO^bet, 1843. Sir, — I have^ the honor to acknowledge the receipt of your letter of the 1 3th inst.. on the subject of the Boundary between this Province and New Brunswick. I have the honor, &o. (Signed) CHARLES METCALFE. His Excellency, Sir W. Colebrodce. ' No. 13. €bpy Despatch from Sir William Colebrooke to Sir Charles Metcalfe, dated (Copy.) Fredericton, N. B., 14M November, 1843. Sir,— I have had the honor to receive Your Excellency's letter of the 26th October, transmitting and recommending to my consideration, a copy of the Report of the Committee of the Executive Council of Canada, relating to the Duties ou Timber cut on the Lands, the appropriation of which is at present in question. Having subiqitted this document for the consideration of the Executive Coonefl jQf thigJ^rgyince,.! now enokMeto Your Excell e ncy the eopy-^f-a^ Council on the same subject, from which you will perceive that this Government are precluded from acquiescing in the views recommended in tiie Canadian Report. I have, &o. (Signed) W. M. G. COLEBROOKE. Hli Exoelleney the R%tit HononUe Sir C. T. Meterife, O. C. B., ho.%M.9n. ^-' Sfssii '■*■■■;■ '22- ■■ ■.:■■■ ;■ ;, Report of the Committee of the Executive Conncil on the subject of the provi- sional management of the Territory in dispute betireeu the tfro Provinces of Canada and New Brunswick. May IT PLEASE Your Excellency,-^ Having attentively perused and considered the Report of the Executive Council of Canada, together with oth^r' documents submitted to us, we must express our regret that we are unable to acquiesce in the view told|| by them, of the arrange- ment for the provisinal management of the Territory now in dispute between tiie two Provinces, on Our north western Frontier. „_ - \^ The Report under consideration being professedly addressed in^ answer to ouf Minute of September last, we are sorry to find that our proposition! sto therein contained, has been entirely misunderstood by the Canadiaii Council, and we therefore feel it our duty to submit such observations as we think are caHed for by the importance of the question at issue between the two 6ovemmentSf<^ ' Our Mmute unequivocallv asserted onr right to the Territoiy in ques^on, on the ground of 'vthich we had recommended the seizure of Barker and Glazier's Timber. I \ The Canadian Council, in asserting their claim, considered it very questionable, whether the Timber Trade can go bn in those parts if the lumberers are to pay double dues and take licences at the same time in New Brunswick and Canada. Assuredly these consequences are to be deprecated, and there can be no doubt that in suqh a etete of things, the pi^rties will have their remedy against the one or the other Government assuming the right to sell. If Canada possesses this right, we can have no authority whatever to exact Stumpitge ; but if that right he wanting, the sale by Canada, at whatever price, can give the purchaser no better title than if he had cut without any authority at all, nor could the Government be justified in relinquishing its accustomed jurisdiction over the Territory. On the Report of their Executive Conncil of tlie 27th July last, " the Com- '* missioner of Crown Lands was authorized to issue Timber licences on the said ** Territory, taking care that until the respective Boundaries of Canada and *' New Brunswick be settied and Surveyed, no unnecessary interference with " the authorities of the latter Province be allowed ; and that in case of any un- *' forseen difficulty, the matter be immediately reported to His Excellency the ** Governor General, so that no misunderstanding may arise between the two ** Provincial Govemmento." At the d&te of that Report, the difficulty in which Barker and Glazier had become involved, was known to the Commissioner of Crown Lands in Canada, as iq^pears from a copy of Mr. Kerr's letter, dated at Quebec on the 22d July, informing the Commissioner of the seizure of their Timber; but in alluding to the necessity of avoiding any collission with onr authorities, which, under their licences, had thus already occurred, the Canadian Council now state that they are influenced by the fact, that as all Timber manufactured in those parts must be brought down to the Shipping Ports through the Waters of New Brunswick, it is in the power of the authorities of that Province to defeat that trade, as lar as Canada is concerned, by dealing with that' Timber as if it had been surreptitiously out on their own Territory. Now while we give to that part of the July Report, a construction exclusively applicable to the occupation and control of the Territory in question by the authorities in this Province, we feel that the observation that ■' "^ >i lis t BW=^ we wfOld d e al with Canadia i i Timber >» if tt4»d^)eeireBr.. ^ . . own Territory, is inapplicable to anj proceedings of the Government in this case. The second paragre^ of our Mmute exprenied regret at the assertion of the right of Canada to tiie Territory in question, and stated that the Government of this Province, to avoid collisions, and hoping Canada would adopt tiie same ^ . \ t .. ■ ■■■.■;■.:■*.■ -;■:■: 23 ■"-""■ course, had refused, pending the dii^ute, 1» sell any Timber between the Mada- waskft and Saint Francis Rivers, and then stated the foct of numerous parties being at work upon the ground, some professing to have the authority of Canada, and others having no authority at all ; observing that such a state of things should not be permitted^ and that prompt measures should be adopted to put a stop to trespasses, by exercising our accustomed jurisdiction and seizing and prosecuting to condemnation, all the Timber then being, or which thereafter might be cut without legd authority. The course of proceeding here Indicated, cannot sorely with justice be considered as a proposal to leave tj^e whole of the {"erritory open to pillage and collision ; and we are satisfied that no part of the correspondence of the Grovemment Can have such a construction. The fact is well known, that during the dispute with America, a^ far as depended on this Govemmefi we effectua%-prevented the pillage^ of the lumber on the Territory then contested, and the same restrictions are now applicable to that part of own Territory claimed *>y Canada. It was not proposed ps i. reasbn for the suspension of the sales .that lumber of persons from this Proyince intended to go and cut Timber without ^ snce ; but while deferring to oui^lves the realisation of a large Revenue, by, lefusisg at that time to sell any Timber on the Territory in question, we did so firona the single motive of avoiding^a collision with the Canadian Government and with a determination in the event of a suspension of sale on the part of Canada, to prevent trrapasses on the/Land in question, as we had done on the Territory formerly in dispute betweeil this Province and Matine, either by des- troying the Timber upon the ground jrhere it might be made, or by seizing and prosecuting the same to condemnatiiAi in our Court of Vice Admiralty; and if the course now adopted by Canada, bf issuing licences to cut Timber under the doubt exiting as to their title, shodld expose their licences to double exaction, , and ultimately subject that Government to a large amount of indemnities, we must fe^ absolved from all responsiiility for these consequences. We^ad applications for Timberi and refused them in the first instance, the Countnrnot having been surveyed, but without such necessary surveys! the Com- roissiober of Crown Lands ol^ Canfada gave a Licence to Glazier and Barker to cut o*rer the Territory north of thh Saint John, embracing several hundreds of square miles, and extending from ^e Great Falls to the River Saint Francis. Then again on the 17ih May last, their Commissioner published the following advertisement in the Quebec Gazette :— " For the Territory S.E. of the Te- mikcouta Portage Road, and on the different branches of the River Saint Francis aiid adjoining Districts, no regular Licences can be given at iireseAt, but persons desirous of applying for such, will have to correspond with this Olpce until that Territory has been regularly explored 'and placed under the contiiol of a Local Agent." — Notwithstanding this advertisement, and other acts of interference on the part of Canada, we could still have received applications and sold to a large amount, but would not do so until the conflicting claims were adjusted. Confident in the justice as well as in the legality of our title, we have been nlone anxious to take a position at once honorable and prudential, and secure of our ultimate rights, to do nothing intermediately which would bring us into direct collision upon the Territory with the Canadian Authorities : anticipating a cor- responding abstinence on their part. The seizure of Barker and Glazier's Tim- ber by our Government, induced the proposition of the Governor General of the 1st August, Jhat if the Lands in questioQ be determined hereafter to be a part of New Brunswiflk. all snms nndnly co l lected hy Ppn a d n nn Ti.nh o r ^.^f »„ ^„^h Lands shall be refunded to New Brudswick, and it was in tinswer to this proposal of His Excellency that our Minute of September was submitted. If it be asked why we did not accede to a proposal apparerulu so just, we answer— \ ki ' 1 v*i«I S®*'' '^1?^®''* '^'^f'"' ^® *'°"''* °o« recommend a compliadei with t h« r « Id Ibis wjjr ibe succnsfnl Frovincg oonkl be alkmed oolr IM n» i and above ibe expenses, wbile in our Mionte of Senttmb^^, „.'.' 1 ' V «««n.e. 1,. per «,n lo Canada clear of Si ".penST "" '"?<»«'"> - i. lTd??V4rZraS,!r'l'„r'test"S "^ -"if V"-"^™".. ■t&'iiT^'r^^*'""^^^ wl T .' ■"■.'' °i "™™8 »"' "SOToy in realising the proceeds offnto»3.1 We observe in >b. Repon under 6oi„idmittao, ibaf ,b. 6^Si™„Tc'' l' . L-tefoTbaTSo' !iiL?dt^^; o^cS-b-rbiSr ? • question between the two Province. ^ ^ ^* *^ *^" ■***°*' '*'• »»« « In conclusion we would recommend, that all nartiAn nn. t ..«.k— • •. .fe:| ' '■<^' ..jiUJWaMlMuiMMMtkW *• ■'>' 25-^ of New Brunswick, and we can only regret (as a different course Kjas been pur- sued) tlie difficulties in which the two Provinces are likely to be involved, but which cannot absolve the Government from the responsibility in the due execution of its trust, and the enforcement of the Provincial Laws. / rflxtraet from the Minutfis, 11 tb November, 1843. ; WM. F^ ODEI.L. ■ ...•-_.■ 'No. 14. • . ■; Despafchfroin Sir Witi, J^olebiooke to Sir C/ias. Metcalfe, dated f (Copy.) ' ' - Fredericton, I5th December, 1843. , Sib,— I have the honori'to enclose Copies of a Correspondence which I have held with Mr. A. Wells,'- who has communicated to me t^e instructions under which he has visited this Province. * \I The Surveyor General's instructions were necessarily limited to the objeci of tracing, if possible, the Boundary between the two Provinces, in concert with the Canadian Commissioner, and although the local,Government has no authority to deviate from the Line of separation, as recognized by the Quebec Act and the Royal Commission, I have not hesitated unreservedly to afford Mr. Wells such information as may be calculated to reconcile the views of the two Gevernuients, and to promote a settlement ef the question. I hflvtf &c , (Signed) ' W. M. G. COLEBROOKE. His Excelleucy the Right Honl Sir C. T. Metcalfe, G. C. B. - (Copy.) brown Land Office, \iith December, \Mi. Sir, — I have the honor to e^nclose herewith, for your Excellency's perusal, a Letter, which I have this instant received from Mr. Wells, relating to the Boundary between this Province and Canada. I have, &c. (S^ed) THOS. BAILLIE, Snrvej/or General. Ilis Excellency Sir VVni. AT. G. Colebrooke, K. H., Lieutenant Governor, (Copy) , Albion Hotel, Fredericton, 13M December, 184^ Sir, — Your tleport, as Commissioner appointed oq behalf of New Brunswi^lc, for the purpose! of endeavouring to trace the Boundary Line between Canada and - New Brunswic k, having been concluded, and delivered to His Excellency the Lieutenant Goi ernor, previous to the date of my instructions' for the same pur- pose on behalf <)f Canada, I have not felt myself at liberty since arriving here, to address you officially on the subject, .with the object of now attempting to arrive at any common conclusion for the settlement of the question actually pending. The views I am compelled to entertain respecting the proper construction and local application of the language used in the descriptiobs of the Boundaries or Territorial Lin its of these Provinces, differ so widely from those expressed in your Report, and represented in the Map accompanying it, that I can imagine no possibility off our arranging the question definitively, by virtue of any powers -vrbidrcouid^ijerdelegatedtoas; and fronrToor observanon tn verbal CfttHraoiit=~' cations between us, that you considered your Mission on this subject to have termioatedi I presume I am not mistaken in supposing that such is your opinion also. , ,1 4- ? J, ,( V 1 26 pomts .haviews on behall\,?r °v^XT^^^^^^ J? '"f «.- P4sible/on 3h« they agree ; and I should ilways iS C^v .« ^-f "''^'^ ^'^"1 «'«' o" 'I'lricb will always reach nie. * ^'^ "^ ^'^^''ess through the Post Office TheHo„orahieThos.B«aiie,&c.&c.&o. ^^"^''^ A. #ELLS. SiR,_i),ave the honor to acknofcted.«^*^"* ^'^ necembL, 1843. ; - • Bail he, had been placed in the hands of Huti? iT^ *° ?% Honorable Thomas ?n(f informing me of the views S hXpI? '""^'^^ Lieutenant Governor, - • «s contents. ' ""* ^'' t-xcellency had taken bf the subject of ^^^^^S±^^^^ that you were "o earlier official intimation o^tl^e obteof m^^^^^^^ ^''"'"''^ have received remark, that a reference to mv leupr nhnJ "y ™'ss«on, I must be allowed to feel ;„yself authorized ?o iakTanrsuch Xl^U^"'^' - '^ '''°^ '*"« ^ ^^ "°^ trary, in the same letter, I^iscWmed ha^^rf '^?™"'"?'c«'Ort;but ^n the con- ^ Mr. Baillie, as GommiswTbr nIX"^ '"•?"?" °^ ''»«•' ^O'^S so. before my arnVal in thSS„ce, JcouW not"Zf ' ^"^ •"\^« ^' ««?«>« with h,s operations again, nor invhe Wm tn «' T'^J '^W?^» *"■" to go over eyer at variance ihelmlghrCithZolTT^^^^ T '«?«d opinions how- that Report, and ooJ^Jm^iot2^:Ltt^^^ '"''^''''^ '" The only alternative left me in the stSE Kffl • i !^^ °^ "^ instructions. eo-operaw with me Luld LSiS^' S' °"j "^ """i"" »"» W"' Wm io "ous proceediDgs in tb., c"^Jhj;*'°"°"""'"°™°"' " «» «• 'o extend hi, pre<, 4^fy "d'S ?i .rias »d' »i7 """ '%"'• M». " -Wok I ■■■■—-_ • ^^~"~^ f^ ^ < i-. _ /'—-a... ■\V. -■-i: / -'■ 27 'With^this object ofrendering this explanation^ clear and explicit as possibje, [ now have the honor to enclose for His Excellency's perusal a copy of the letter jflhe Honorable D. Daly, Secretary of the Provincepf Canada, conveying to Inetyi instructions of His Excellency the Governor General in regard- >o my precept duties. . ' f Ijs|iall be happy to comply with His Excellency the Lieutenant Governor 5 iiriShjfby deferring the time of my departure, and will do myself the honor to wait upon .His Excellency at any time he may be pleased to appoint. > I have, &c. o » (Signed) A. WELLS. : A. Rei^, Esquire, Rlrivate Secretary, &c. &c. &c. /*f (Copif.) ^^ Secretary's Office, Kingston, 18M October, 1843. i''^ ^ S^,i— I am commanded by the Gqvernor General to inform you that His Excellency is pleased to appoint you to be Commissioner on behalf of the Pro- vince of Canada, to meet the Honorable Thomas B^illie, Surveyor General of New Brunswick, who has been named Commissioner for that Province, with the object of endeavouring to trace the Boundary Line between Canada and New Brunswick. t^ . j V • You will be pleasied to lose no time in repairing to the Frontier and placulg yourself there in communicatioji with that Gentleman on the subject; and after completing such explorations as you roajrbeableto agree to make conjointly, and other explorations, which you may judge it to be for the advantage of this Province that you sh^ld make by yourself, you will return to this place 4o make your report of the 'result o( your observations for the informaiiou of His Ex- C6ii6ncv I am to enclose for your perusal, the accompanying Copy of the confidential Despatch of Sir George Murray, of the 8th April, 1830, rehiive 10 the claims of the two Provinces to jurisdiction within the Territory in dispute ; and also, a paper by Mr. Bouchette, in support of the claims of Canada to ^he Territory, and a copy of so much of a report made to Sir William Colebrooke by ^f. Wilkinson, Deputy^ Surveyor General of Crown Lands in New Brunswick, as embodies his argumeiits in favor ©f the claims of that Province. You will consider it to be a main object of^«iur mission to ascertain on what point»'the views in behalf of the two Provinces respectively differ, and on what poiatd they agree, so as to promote as far as possible a settlement of tlie question. 1 have, &c. . (Signed) D. DALY, Sec'jf. A- WeU», Esq. &c. &c. &c. • _ --^'■'^-.(Copy.) • , -,;■,' ■■./; I ■" ■ ■ [Confidential.] J Downing Street, 8th April, \S30. Sir,— With reference to my Despatch of the 7th instant, "Confidential," transfnitting the first statement on thje part of Great Britain of the Disputed points under t^e fifth Article of the Treaty of Ghent, I have now the honor to acquaint you that, in order that our conduct may be consistent with our arguments, it is necessarj- that the Province of Lower Canada should continue witluut interrup- . tion to exercise actual jurudiction o]irer the Fief of Madawaska. ^ \^ ^e-whrfo;^ the Temiscouta Lak e and nine miles in I fl B gA. ^his-Flef covers ^, ^ . down thQ River Madawaska, Which issues from tbatLake. The Province of New Brunswick, as proved on th/ trial of John Barker, exercises actual jurisdiction rs<.;^yer the Madawaska Settlement, but this Settlement extends along the Main "^ %^iver Saint John, both above and below the confluence of the Madawaska River; 9' '\ ~«l 3 ., l ^rtS^r^/^ ^^^- exercised by New Brunswick these cTrcumstances X^fore t^ aZ-Mp C 1u ^^^''' '" ^^^S. Under Caiiada to maintain and exeTdU , ^^Z ■ ° "'^Government of Lower tbe River MadawaskTaiihe Xn .ff„'''?°" °?'" '^^ ^'^^ Temiscuufa and its n,ou.h, which wi 1 LCe fhe whi FiS^M.!™"' J^ ,?'"'°." ?"''«^'' «' mentofNew Brunswick in mTin^n- J *'«f o" Madavvaska;" and the Govern- other parts of ^Ditu ^dT^^^^^^ '/k Jt^^>''^" "' »'«^«'°'"°re in .he maK. River Samt ^b;;;o;r;;S:!:?SJV EeSSj^lT^" °" I have, &c. Mr. President Blapk, &c. &c. &c. ■■'"": (®'6"«*P G. MURRAY.: ^-/^ qA« Despa;cA fron. hir miu^L^^roo^e^o L.a Stanley, dateU Letfer rec "^rf^m^liJ'^haS' MetS^^ to vo„r^ordship the Copy of a in the Quebec Act, bv the ranlTof hS °7«'^ So»Lhern Boundary, as defined by .he Treaty of Washington ^'" '''" "'"™ "^? "('"^""hed As Canada had asserted an undefined claim to the Territory North of th« Rr this moderation it was neverfhSess deemed to I! 5^'"™^"^''' > ''"' '" «»>serving I have, &c. , Right Hon«r;UeL;Kfiy;^e.&c.&o. "^ ' ^^ ^' COLE^kOOliE: No. 16^ ^ f^ovemmentlfouacy King o ton, flrf Ftbtmrv, U - A^ -~^ T^^^^^^'^^^W^^ the officeria charge of the Crown Lai* ' i-M:.>^l ■■'■■... • v > . / •■ Department of this Province, containing information relative td permission granted by my orders to certain parties to cut Timber North of the^Saint John . and West of the Saini Francis Eivers. . I have the honor, &C. (Signed) C.METCALFE. His Excellency tbe Lieutenant Governor of New Brnnsmck. Croum Land Department, Kingston, Ut February, 1^4. Sib,— I have the honor to transmit herewith, various documents connected with the Public Sale of Licences to cut Timber on the vacant Crown Lands ol this Province, North ot the Saint John and West of the Saint Francis Rivers, effected in this Office on the 10th April last, viz : No. l.^List of Purchasers of Timber Licences,, shewing the qyantities pur- chased and amount paid by each on the same. „ „ ■ c • n- a. No. 2.— Map ofthe Territory on the Saint John and Saint Francis Kivers laid out in Timber Berths, exhibiting the names of the parties to whom each Berth has been designed, ,, „. u u - 1;-»« No. 3.— Copies of conditions of Sale signed by all the parties who have been authorized. to cut Timber. , . No. 4.'— Copy of Letter of authority granted to purchasers. ^ No. 5.— Copies of various EiT'vate agreements between purchasers entered into with the consent and approval of the Commissioner. In consequence of the conflicting pretentions oT tlje Province of New Bruns- wiclctothe Territory in question, no regular Licences were granted on the above slated occasion ; but parties were allowed to bid for the Berths and quan- tities of Timber they required, and made to pay for one fourth of the same at the time of sale, bnlhe express condition, ^however, that in case of difficulty, they would comply with .whatever might be required of them by the New Brunswick Authorities on the passage ofthe Timbej down the River Saint John, and that under no faircumstances jvhatever they would be entitled to claim from this Pro- vince any thing more than their actual deposit. These terms were adopted under an expectation that the Government ot Wew Brunswick would accede to a proposition made or intended to be made to them, that they wouM assume the collection ofthe remaining three fourths ofthe dues on the passage of the Timber down the Saint John, and after deducting a reason- able charge for that service, retain the balance in their hands to be paid over to the party who would be considered entitled to it on a final settlement ofthe question of Boundaries. . . . „ / ti •" i -.u • ^e It was intended from the first to furnish Ne^ Brunswick with copies of Licences granted, and other particulars ofthe sale, and some ofthe parties in- terested, having lately complained to this,,Office of threats of molestation on the part of New Brunswick, I would beg J^ve to suggest that the enclosed docu- roents be forwarded to that Government with as little delay as possible, with such explanations as it may be deemed necessary to add. > . . Ihave, &.O. „ , - - (Signed) T. BOUTHILLIER. J. M. HigginsoD, Es^ire, CivU Secretary, «M5. Name. 1 J»iii« Tibbeu. « «„ Ditto, 13 Jiitto, •e Ditto, 23«l l)itto.' 24 f IWito, X, ^1 Ditto,* Black Riveir, ■''*>» I Ditto, 6 Ditto, 7 /Ditto; 9 /Ditto, 33*85 Ditto, lllCharlei Connell, Ditto on the Fork,„f the Toledo, > J and extending uj>, 'H piOOO / ' 2000 ^^'..«d.p.^„,,.3 j,,«,L 1000 2000| 1«00 loool 500 7S0 1500 loooi loooj 1000 7M 7501 2500 ■V Mi f°u" 5?"ne«on, 9iGlaiierandVea«ie, 1" I Ditto, 21 John Veaiie, 25 I Ditto, 'j«^@l«:8d.pKTon,270l6 8 317H JfWpl..8d.pr.Tj,25 of 31 5 2 C. S. Clark, i5 »i'to, ' * 4 I Ditto, "S.dfete/'^'' I-ke.Jl I 250 <^0 6000| loool «ooo| sool «00@l,.8d. IvTK A „l »„ I 6OO0I 400| 6000 aooj eoooj 3oo| I r q I "• " •'^ » 15 Oj 7S0 3000I ml 3000 130of *>00| 5001 lS00Ul,.8d.pr.Ton ,25 O'O Certified Copy. • n _x_ -. .~~. , ^'^ ^' ' 'J ' ,WWM i <.-, their Attorney, M. Cameron. ^ J. H. Kerr, for 'Thomas Jones. a' «r>^' Witness—John Ker. Certified Copy. Depturtmentof Crown Lands, Kingston, 3Ut Janiiary, 1844. - T " " 7 T. BOUTHILLIER, Jcting Cotn^ Crown Lande. -k r i' ^f-. ^ygH^' i.. -i^^JJ^S-^ i, ,„,hortad 10 cut duriDS to next rtsJin. Winior, a <:.«'»™ ■!"•"- tdr„',lTrr:;.1orJ.red°'ir» llSa^ ■'- * 0«ee, and dated the 13ih October, '^'^^'^gj^^^^jV/ j / ,j.j fiOUTHILLI^R. "No. 5. . , Memorandum of Agreement entered into betu>ejiJaU'nbetsof Quebec, of thTZVrt,'andAllanGHmour:^a.,oiQt^^^^^ Witnesseth and saitli, that the said |Jame3|Tib]4et8 hereby covenants and and Ms ih'sthirteent^j day of October, 184P • In presence of Certified copy (Signed) (Signed) (Signed) Alex. Vida John KerJ A. GILMOUR&CO. Per M. Cameron. JAMES TIBBETS. in the Province of Canada, on the ofer part,-'< ..,..' tnine rruv^ j =ai/ Cvrus S. Cfark, for and in coiTsideration or lurtle ".'ye^ ,JXc a noo tons of Timber and remove the same, bavmg '"t Sss whereof; the said partie^ have tiereunto.set th.ir handstand seals, the 13tl,;^ of October, la^ ^ ^ g ^laRK, ,' (bigned) ALLAN GILMOUR & CO. ^ PorM. CAMSBoa. — In'presencc of tlertified copy (Signed) XSigned) Alex.,Vidal. John Ker. - f • ,1843. tain quan- 5 North of he various his OfBee, Quebec, of part, — enants and jermit any ■ancis, des- operations limber thejr advantages a. their hands CO. LMERON. of Bangor, , of Quebec, • oifsideratioD e said Allan agreed and and in con- undisturbed ker's Brook >ntin?ie their same, having nlege, which B in virtue of nd seals, the CO. ^\l _^- % *r''r* 33 • if (C3oftr.) I hereby MS me OD the Plan in tbe ^ ■Certified cdp^. - 'fl?; No. 5. - ■-. ■, '■. ' . ■■/.yp T^^"^*"'*' '°' '''® sections of Land marked to l^iod Office, at the sa)»of the 12ih instant. '^ ; (Sigwd) . C. S. CLARK. (Signed) Joln^Ker. t'^- Kingston, 16M Octobett 1843. (Copy.)- ■. ■■■ •*'•"■ ■'^:'"''"V"'-" "••■"" . • ' •* Memorandum o/anjgreemeni aitered into this thirteenth day of October, 1 843 \.7^nT^^l^ !°^ '■'?''' T!"" *® '"•'•' •'^'""^» Tibbcts is to have full r iehi, power and authority to continue his operations with the men and team now emrred on the hmtts updn the East or West ^ide of Baker's Brook or tur.re R^t the case may be, where his hands are how employed, marked on a plan in the Commissioners of Crown Lands Office, as riftmber Ibu^, or number five -but on number five it is understood he is to break no new g oundTuntU he malS^aSd ■sZlT rf.^''""'?"^ tons of Timber; and that allTimber oSgfind ab"^ff shall be at the option and disposal of the said Cyrus S. Clark?who" s arSbert; lo enter and work immediately in any part of the said tract which does not inte? fere with parties pow employed by tW said James Tibbets, Hlessrl Bedell V and Taylor's party, as agreed with the Agent ol Gilmour & "^J^^'^'^'J^^^^ » JlSZ :!^'::l'^: SSiS: *»•- P--^'« •>- hereunto set their hand.^ (Signed) JAMES TIBBETS, In presence of ^^^^^ {^. CLARK. , (Signed) Alex. Vidal. v^- .■ It is further understood between Mr. Clark and Mr T:ki,«.„ .», . u u h vetoT? °' T'r" ''''' '' ^- be u;'^wl5;i„Tt^^^^^^^ have got from the Government of Canada, that such men and teams ihJ jj^owed to remove any Timber they may have made u^to thrtwentTeih Sant" ' this memorandum referring to number one and two. ^^^^^iti instant, " (Signed) ,^ J. T., V Certified copy. ' ..^^^ C S.^ARK. ^. * r; ^ ''' . .' JohnKer, \ '. .. :::"::'- ■ ■/^C'- ■■ No. 17. 0>pff BeBpatchfrom Sir Wm. Colebrooke^to Sir Charles Metcalfe, dated f5.. Tk ' u J .- V p-ed^icton, N. B., Uth February, 1844. -r— «'-.j', "wrant, ana^wnrrag: toiumunicaled H fb the Executive CounciTT . I have the honor, &c. -^ "' .<;> y \ 34 In ■* #■ # 141* JVJrliafy, I844iyv •Mrtd, ;iiBdler date 2d Read aj>9spatch of HU ExcelleDoy the Go^ February, jnstant, with its severd enclosures, on the Ufiper^^int John and its Tributaries ; iilillMyuu . The Council are of opinion, that for the ^ifinA iip«>ns set forth iia^tbiBii' Mi- nute of the 11th of November last, this Goy«tniHiiitJilpracluded from adopUpg any other course than that therein reconimendw^ ' .^ *\ a^fW ,ft~ "^ Extract from^the JMKnutefl. ^ A , * ' WM. F. ODELii. Certified. :. \ CHAS. P; WETMORE, Clerk House Assembly. h »,.•>■ v'>A \ :^x >( f / 4{ t 1 '/ •V im ^^M •■ . ^' liii UtifiiTnfiifrr ri^lS%«';- f^.' %M^i^'^A?^';e- •V ! v'. u 'a m mv u i wim v. t nmxny .a' m im :r .m