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TONS TO TUE GOVEUHOKS OF CANADA. -It^^^f.Si^S.S^^^!--^" iWontreal: 1848. 1 ^ 1 INDEX. Extvacus from l.oni Hknol^^ DcspaU'li ■ Extract fn>m Lord Gr.v'sD.;si)atai, ••••■-; • live Council,' LoiU Noriuunby'* Despatch, ^ H.n- Majostys Letters I'ateul,.- ,"7 J H.h lun« r...ner of Mr. Uylaud. .o ITovincialSecrCnvy. dated Uth ..«n., ^ Melluu. uf Mr: Uy luud! t^ 0..verno.. Gen.-al, dated ..ud ^ n..,.;'Zl!y!lu Mn Rylund, dated ..rd Augu.t. '^^"^-^ ;; ^„ Kyluud. to Chief Secretary, datod 3,d Scpumbur iM . _ ,>,.„ .dSocvetary.t<,Mr.Uylaud.dated.thln.end>.r2i M... Uyiand. u. l'rovuu.al Secretary. dut.d 17,1. Dece.nbu- ^^^ P..,,j"l;s:re.ary:K:Mr:B;.and:dated.3,.De^^^^^^^^ ^^ ChJ^lnnary: to Mr! Roland, dated 8th •;;"-3', l^^^^ ^^ Cant V B.->t, to Mr. Uyhmd. dated '20th Apnl. 1843, ':;;;.ora:eralAylwln,toMr.KyHnd,datedl^.Jan^ry^ ^^ 18*3,... .,;, „„Ll S.«,-..a,y. .» Mv. Kylana, da.ed .U A,, ..»'... - «... KyU,,., ... ».„■ r.,.„»A 1847, » Mr. llyland. to Governor General, dated 18th March, 1847,.. . •0 I'fovincial Secretary, to Mr. Kyland, dated Tlh July. 1847 > Extract from Report of Executive Council, dated 10th S. o- teniber, 1347, 04 Schedule Mr. Kyland, to Governor General, dated I4th September, 1847. cr. Documents referred to in letter dated Utii September, 1847 8 A. 13. C. D. E. F. G "•»'^^_'' Mr. llyland, to I'rovincial Secretary, dated 1st May, 1><48 'i Provincial Secretary, to Mr. llyland, dated .'ird June. 1848,. . 81 Mr. Ryland, to Provincial Secretary, dated 5ih June, 184«. ... h'i froviuoiul Secretary, to Mi'. Rykud, dated Oib Juue. 184.^... bU Mh. UYLAND'S OASl^:. /.' rlrads from a Despatch addressed hy Lard Glenelg ^iosVZcis Bond mad, and commumcated to the Legislature of Upper Camidaby Message l)ea.rin§i dale the mh January, 18Jb. " The nrinciplos of the Government in the two Sister I'rolincos must 1 am well aware be in every material respect the same. « In case of the immediate abolition of any ofTice not required for the efficient discharge of the tblic service, you ^cill stipxdate for such a com- pensation to the present holders as the disappam^ \nent of their reasonable expectahons may entitle them to receive. ****** "In dealing with existing interests, the local Lc- Sislature wiU; I doubt not, be well .lisposed to atop* (he rules which have been uniformly taken by 1 arl a- ment for the guidance of their discretion in similar caTes. The saving of public money which would arise from the unexpected reduction of official incomes wo^ld not only subject numerous families to extreme distress, bu., by impairing general confidence inthe nubUc Iredk would weaken the foundations on which all i.roprietary righl must ultimately repose. tl Kxtract from Lord Grey's Despatch relative to Sir Rupert George. " Noio, there is scarcely any part of the system of Government in the country, which I consider oj greater value than that which, though not enforced by any written law, but drriviny its authority from fi w- 6 , i nnhlic ovinion, makes the tenure of Ihr Z&fP'in Ike'vMic ,er.nce .0 de,..H.i upon good behaviour. . • # # # • • * * TugJielal rule of our pubhc ««n..ce._ ^ ^ » # * * ' " No vnson Mou/d, wa''""' s'"* ?«"•"•«»•"""; ''« Or«»t Seal. Conamigsion Mjpointinir George ri. RjUnd to be Clerk of the Executive Council, in theroomand •tead of the Honorable WitBius Ky- land, deceaa- ed. »UT. Recorded in the Regis- , ter'a Office of tbe Records nt Quebec the 13th day of October in theyearl836, in the fif- teenth Re- gister of Let- ters Patent and Com- miMlons. D. Pai-v, Reg DURHAM. VICTORIA by the Grace of God, of the United Defender of the Faith. To all to whom these Presents shall corne, or whom the same may concern, Greeting: Know ye, that reposing trust and confidence in the fL^iS We of Su? special grace, cer.ain knowlodgo Sebman W.TS,us RYL.Nr, deceased ; «» l-avc hoi of Lower Canada. ■^ f vv.. J.avo causetl iheie Our In tostimouv ^v '«r,^;;f',,;7, the Ureat Seal of Our saiil Trovjucu *'» i^o'^vti , affixed. , rr-,,stv ami Right Well- W.TNKSH, Our l^;fV;KroI'DuHH.M, Viscount Beloved John Gkorok, *;^«^« \ ^ross of the Most (.ambton, «i-;/^'''ord m of the Bath, one of Our Honorable M. Uary ^' ":,' ';. and Govcrno '^cne- Most Honorable Irivy Counul, ma ^^ ^^^ ral, Vice-Adm.ral an tai^ to the Continent of Provinces wUh.n and adjacent North America, S^?-' 7'' • *•« our City of Quebec At our ( astle ol St Uvv.s ^u .^^ ^^. in our said Province ol » «^ j5() ^^^^d one thousand .lay of October mthy-^^^^^^^ ,, ,,, ,,eond year eifrht hundred and Uurty cign , of Our Reign. ^ |)ALY, Secretary. 4*' \l Downing Street, 3rd Jui2/rl»39. (Copy.) No. 53. ^'"' . 1 tn acknowledge the receipt of your I have the h«.nor ♦ "j^^*^" ^.^^'"^ 84, enclosing an nespatch of the e.g»^ ^ ^ -; Z'.^, of the usual application from Mr. »^y'*" j^ i appointing him Warrant under the Royal S'g" ^anu Pl^^^ ^^^^^^ Clerk of the Executive Council oi ^^^^^ i„ Mr. Ryland's P7^^^^;^^^;tv^,rMrRyland's nomina- '■^P'^' ?'l)fficfrnotr" P-decessor tion to this Office was nm r p ggquently it livas "y ^^"uP? l' ^dtlenelg o^ u^^^^^^^ Zr t tL^^po^t^^^^^^^ Kl.weveryo_u^hou^ — — — ^ ~~r~ • mind was written under patch on the subject, answci en y 1836. ^ ■- ( 'J. ' / 8 be of opinion that the selection was a proper one, and ou^httobe confimicil, 1 will give the necessary direc- tions f..r preparing the usual Warrant. But in that case you will apprize Mr. Ryland that if the two Prov.nces of Upper and Lower Canada should be hereafter united and it should be found in consequence impos- sible* to continue his services, he would not be entitleil to any retiring allowance on account of his present appointment. ^' I have, &c., (Signed) NORMANRY. Lieutenant General, Sir John Colborne, G. C. B. &c. &c., &c VICTORL\ REGINA. Trusty and Well-belovf.d, We Greet youtWell ; Whereas We have taken into Our Royal considera- tion the loyalty, integrity, and ability of Our trust} and well-beloved George Herman Ryland, Esquiro, We have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under the Seal of Our Province of Lower Canada m America, constituting and appointing him the sad George Herman Ryland, Clerk of the Executive Council of Our said Province. To have, hold, exer- cise and enjoy the said Office and Place during Our pleasure, with all the rights, fees, profits, ,^rivihges and advantages thereunto belonging or appertaining. And you are to cause to be inserted in the said Letters Patent a cbuse or proviso obliging him the said George Herrrian Ryland to actual ; esidence within Our said Province, and to execute tlu said Office in his own person, except in case of sifkness or other incapacity, and all such other clauses and provis-,* as are requisite and r/'cessary in this behalf: and lor so doing this shall be your Warrrni. Given at Our Court at Wind- * It was not found ir.,possible. ^ f sor, the 2Gtl> day of August 1839, in tUe third v.a.- of Our Heign. ^^ ^^ Curamaiul, ^ NORMANBY. Georgk Herman Rvland, Esquire, tote Clerk of the Execuhve Cour.c.1, Lower Canada. Executive Council Office, Kingston, Wth June, l»4i, Sm, wtK .ofpronce to our conversation the other day, understood that .t .s merely fo »= Purpos .ing public busmess ancl . »f ° ~'„":„et these fi"r: oTtoTf e ndeJification f.™ Go- vernment for 't.e^loss.he.of. ^^^ ^^ ^^ Sir, &c &c., &c., (Signed) ' G. H, RYLAND. The Hon. S. B. Harbison, &c., &c., &c. Memorandum communicated lo His Excellency the Governor General on the 22vd August, 184 . The undersigned stands in a diiierent position from The unuersigne province, having pecu- any other P^^^^S.^^^^^^ have been acknow- lar claims upon Liovernmcm,wuiv^ tu„ nnko of Rich- ledgod by difteront Governors from the Dukt ot M 10 1 „-! ].v «iu<>e(Mlini£ Secretaries ot ,„„„d aownwa,* on.l W Lrj;:rC«^ru:rE.ecuUve Counci. was U i. an Office ^^."g 2;'^' « •,„U,ed Letter ft°» /^ ^^^^^^^^ Vr„m u»= Earl of Livet- I'ecl, m answer to " *"«Se^"™' j „f Govcm- l-'') •''"^rS!s^'^^fue"ort^Mcler, nor does teivTan equivalent for ^^Z^' d^^ » "- HisExcelkncy's measures reytnng a c" g construction of the Counctl Othee by whtd^ag 1 __, „!■ the responsibility a>><\,^,/^J.;j ^ance fvict, cap. 4th and 52nd sections of the Or^hnance ^^^own, F 30, will be required on *\X^^^J,\ Seigniories, Religious Co— it.es and the «^^^^^ ^ .^^_ the amount of the 1st year s enrefe ^ 11 V..^mmi^o^^^'''^'-'-''^l^:JZ^'. £800 year it averaged i«r ? """; I, ,l,- '^'^''.Tf U Che" -tS, ment ^ which it ma) !«"= Sit floZ^L than as follows: A confidential person as Deputy, per annum, £250 i^^ ^^ Clerks or Writers....... -^ ^j Rent ot house for Offices, J« Stationery, Fuel, Office Servant, Printing and ^^^ ^ ^ contingencies, I^:S3oroffi;i^lo '^j!!JL!! Would leave a balance for the remunc- ^^^^ ^ ^ ration of Registrar, ot The income •'l^^'ved from the 0^^^^^^^^^ lt\S«:tL;el';mot,tsto....^£1030 Deductbalance as ahove forming actual ^^^ ^ ^ Income of Registrar,....-------- w™,U (setting aside the fir* year s *°"'emiluS leave a ^'^"'^^f,. Income of. 890 By the 4th and 5th Wi«. JJ^, ^-^f'-tSrinds 1« entitled to a retiring J ««™f « ^ „„es a young S^httetli^IeftoVai. himself ^^ enactment. , Q„vcrnor General's ploa- Should t, however, he the uov ^^^ ,„re to cont« on the ""''efX Di ict o Quebec, he office, that of Reg.*ar of the D^ f ^„^,:* „i„^^^ ,„„„,; U will be "^^X'^tum ances of the case, /oinuneration as, "''''^/.r.^ru^ersiipwd in fairness p 12 "fZm W y a 's enrlsistration under the On toners V ct. cap! 30, sl.all secure l.im an equ.va- Sr\ue fun a».i on|,e ;-- ^ ^^ll^ !;::i:,,fcn^it::'owl^it-i-to-et.hov-,ews .,f His Excellency, to rehnqmsh. ^p (Signed,) G. H. RYLAWU. The Governor General having, on the 22™! A.gusl, 1 si teen lileased to acquiesce m the justice of the r^^sTatiLt,. Mr. ay'""" --'::: '"C«:; ,e,f i„ — ""CnencT ecTarefrSd give tl,; 'rcrit cflf ''3'= on" *" S 'Ihe Sw ng "m .Mettemrihat gentleman was ,>ut into Mr. Kingston, 2Srd Augutl, 1841. ^'"'am commanded hy the Governor General to ackjw- ,„,,,„ ihe receipt of your letter » ""^////^^i^^S. I ■.„,., nt vour claim to ho mdemnificd Jor ceimm he average 01 y h^ ^^^^^ aiscontinued (ho '''Ut of Lsf fees for about six montl^s, His Excol- r Tl loS to Int YOU as an iiulemnily one mo.ety K-^f i an 's .lirectocl Ma.jor Camvi.cU to draw •n V n r fT or on the Commissary General for tlia. IS amount and your tr^inngex^^^ ,vhole the sum "^^.f | J^;uency will be prepared to ship of Q"«^e^'"'^,.'^^,n whenever the Ordinance appoint you to that ^'^"^^^"T'be brought into opera- under tohich it is created^ -V^^^^ ^^ ,eeeive tion, and in the »"f val y^^ J^^ '^lerk of the Council, the 'salary.attached to the « ;«^«^ ^^^^,, ,f the Reg.s- But as it is possible that ^f^"^ ^^^ below those of trarship of Quebec mn> ^'^l very .^ ^ ^^ vour present otfice, His Ek^^^^'^ X ^^ ,,bich you rantee to y«^-"'"T; Xing allowance were your ,vould be «"^'^^^,V ablir ervle altogether disconH- employment in the \'^^^'^^^ „„ an average of the nued. Assuming your .ncome ^^^ ^^^^ ^^. last three years to be £1030 c ^ ^^^ ^^ of service as a f ^\'^^^f^^.X' established by the 4 & 5 be entitled under the ^^J^'^J'^^ equal to one halt your Wm. IV., c. ^^^'l,\'Z7uTTh.t amount there- emoluments, or £515 ,^^^£J^ ^^ guarantee to you by fore His Excellency swdhng , loyment m cour4 be entitled to the excess. ,,^%^'^^t. MURDOCH, (Signed,) 1- • Chief Secretary. Certified to be true cop'es Rawson W. Hawson, Chief Secretary. 26th November, 1842. . ^ed" and which it was Mar' ' tha Ordinance under whi«h >t i^^ ^„„ ^f money * ' . :. -iu,...nt,inued. and to year. ident that Mr. i.y^"" . ^ ^^^ ^^ „«„„„ pension Bj tl^'^K^rth. MmUtjy^^^^^^^^^ his services be aitogemer Responsible Government. ^ 14 It Copy. — No. 4. ' Mount Lii^ac, 3r(! September y 1841. My dear Murdoch, Lnclosed you liave my answer to your oflicial of the 94th ultimo. In regard to the compensation for loss ol fees I am, ns I told you before 1 left Kingston, d.ssa- t^Sd and .ince my return here, I have sldl greater reason to be so, as I find as soon as .t was known that the fee system in my office was done away with, all the old extracts which for two or three years have been orenared, but neglected by the parties interested to be Sen u^, were immediately called for. 1 know not whether Campbell has sent down the order on the Commissariat for the amount awarded me, but whether be has or not, as I have not yet received it, 1 consider xL question still open for revisal,and I trust that, from a sense of justice, you will not hesitate again to bring this point before His Excellency, that the award may be increased. , . , « I ask nothing unreasonable : the sum to which 1 am entitled under my tariff amounts to upwards d £700— let the period of commutation only be increasecl six months, giving me one year's fees, and 1 shall take it as a discbiirge in full for my claims on tins particular head, thereby^resigning £300, besides the £50 a month extra allowance, to which there can be no doubt that i was entitled. Should you have any objection to trouble His Lordship again on this subject, which 1 can scarcely think possible, let me know by return ot post, and I will address myself direct to His Excellency. I arrived here late on Saturday night having been detained on the way down by the Lord Sydenham s running aground near Sorel, where we were obliged to remain till the Canada came to our relief. Ever truly yours, (Signed,) G. H. RYLAND. I t6 Mount Lilao, Beauporl, Srd September, ml. official leltor c.C tlio ^^''V ''™(, J„r,) rclalivo t„ my I «a. going "^.^'''t ' '".fTe l)il«ict of Quebec appointmont '« R-'f;,;'' •^',,1„ Ltion for the loss ot ami to my '^^'»™ ,.' '' '"'' J„i £700, ^iven up by me certain fees ainounling to abou ^ > g Cve. since .be Uni.m, "'^''^ ^T , „ „f Quobec, I have to In regar,) to the Rf'^^^^P^nis Excellency my request that >»« «'" ^^""'S with the perfect under- acceptance ol tins 0»"-e, ^^ „ving nearly standing that '" '';^;;;;U ment ofllegUtrar and %Z' MVZflf'nTt o'sio! or of .y cU>^n. "^"""teir^o'.---- Ma. SK0«T*B. M««Poc„,^^ 1 ^ „iV, nf iha late Governor Getie- Subsequent to the ll^^^^"^^^^^^ ra\, Lord Sjnlenham thofoUowmg ^^^^^ cd by Mr. Secretary l^ast, to iur. y Secretauy's Office, Kingston, Sth December, 1841. S**' n^.,^ bv the Admmistrator of the Govern- Jn^oXtf^t'^'ltptanc. tbe Beg.strarsb.p of the District of Quebec- ^ ^^^ E^cel- In so doing, ^•^^^^^:; \f '^fectly understand that lency is desirous you should pe^ec^^^ ^^^ ^ ^^^,^1 this appointment ,s offered you su^jec ^.^ ^^^^^^^ of the Governor General and that ^ , ^^^^ .^ .^ f^^„, Worpt^ttftTotheld.^ (Circwiar.) ^put for other otficml n the Government, lor cUim >vhatever |iP" ^^-^ficat^^^^^^ Secretary. G H. Rifi'A'^ D,^8q &C., &c. No. 5- Quebec. 1 1 e the receipt of tance the ^^J' . slated to «** f'^^der certom con- Having olreaay ^^ .viUingness, umie ^^^ ^^ request X^^ J^'l^rnment rny readm s^^^^^^ ^^ ^^^^ e. ^-.strator ° ,f^L Registrarship of t^^e D>s ^^ ^^^ ^^.^ the duties ^^^ ^^y^^luency may ^^i'"^^^ ^ whenever H^^ f^f "^ 3^0, into force ^ ,^ Ordinance 4 Vic • c v ^^ etter ^^.^^ ^, 1" ^^S^'V-standtLttheappointment^m ^ ^^ Sir .wen to «"^f'^^''';3 subject to the apF ^^^-.^^ ?o be ^r^flhavemeUr^^^^l^^^^^^^ Charges Bagot, H^^^^ ^^ ^ ^lar nature, ^,3 ^^^^^ ^^ on Government be;^^ Minisf « «' ^Her Majesty ged by Her ^""^'''^^^nrrient here, ^"^ " inting me L the Local Gov^^^ Manaamus app ^ ^^^^^^ having been V^^^^^Ze Council of J^^^^ po^- Clerk of the ^^^^^ niy P^f ' '' Itobestrength- |.^u. Governor General " m I ■■ ** Bf official retary- »er, 1841. 17 J ^ I kWaW of course con- of .he G-vernmen. '«-^^^,^ Ba^ot does n„; sider ' r H RYLAND. (Signed,) G. H. t^» Hon. D. Daly, &c., &c., ,e receipt of lant, wberein nded by the for my accep- Quebec." [l^ncy the Me Q^ certain con- 1 have now to ,ncy tbe Admi- ,s to enter upon .riot of Quebec. ,roper to put the er wberein I am ent in question ^ approval of bir ,e that my clajms 5 home as loell as ;„d Her Majesty ,f Lower Canacia ' services, my vosv- ;,airetobestrengtb- ,e most sorry to take foelins eitber ol the .e^et^Admin^^trator &c. SECRErABY'8 OFFICE, Kingston, 23rd December, 1841. Sib, -^*' loupr accenting the office of Regis- In reply to your l^f ^' Ouebec: 1 am commanded t,ar for the ^^^'^^'^'.''.X^l';^^^^^^ by the Administrator of the Govern , .^ ^^ _ you will lose no ime 'Mf ""f^^ General, on the subject ot the Doi J; f ^g jmies. into for the f-^t^.u! cbscluug ^^^^ ^^^ ^^^ Sir, Your most obedient servant, (Signed,) !>• DALY, Secretary. G. H. Ryland, Esq., &c.. &c. 11. I 18 Kingston, Sth January, 1842. S»R' wio.1 l.v tlie Administrator of the I am commaiH 0.1 by / '^ , f^ .^,^- ^ „f your letter Government to ucknowlodf^e ^'f ^^^^;^'^ ./.^^ ,„,. be of the 28th uhin^, -M;^^;;f ^J .? ^ e^^ive Coun- i a i;.r y-- [::^-^;^ /^^^U !.r with a compensation cil, up to tlie 3Ut uiumo, i „ ^^^^._ for the loss of your fees to ti..aU^^^ Honed by the late CJovernor Gent a • ^,^^ His Excellency "^^'-'^y*^% ;'' tt^; , in Aui^ust last, letter of the agreement "ja le wUh y ^^^ ^^^^^ such compensation ^v^^^^^^i' ftlat me every reason contemplated, but as you ^'^^^^^ ^^^^^I'^uld come into to believe that the H^g'stry Ordn ancc w operation early in the ensumg ^^^^ '/' ^\^^f ^ j- Lord seVently incurred ^f P^"-\^^^^, " , tould other- Sydenham's promises to you wW^hyo .^^^^ ^^^^ wise have postponed Si H- J"^;;' ^ion. His you have an equ.tab e f''"^,^^^.,^^^,'^^,';" Commissary fexcellencyhasaccordmglyauchomc^^ ^J^ General to pay to you the l^'^^^^^'^^ ,^„^ui be currency, being the ^"^^^^J^.^L^^^ to the entitled for the/our months from 1st bquem 1st instant, at the rate agreed upon by Lora oy I »^^^'^' ^^>. C. MURDOCH, Chief Secretary. f The livinK witness to the transac- Snandtheintentionoftheparties.) G. H. Ryland, Esq. _________ ^^^^^^^^^^'^^^^ after the Union of the Provinces. Representative of the The "agreement" a^''^'^ ."P°"„,Vhe same who through their Crol. >.h'at MituBtry we.e in then? The^sa^^^^ ^_. ^^,^^^,.^ official organ, on the 7th April, 10 , claims. See pages 2 and .5. 19 the I3lh instant, ^'^''^'^ K?nu ject ^ wish con- ^vhich time 1 »>»7, :7"*f^, ''s ; S ri- Bagot, and tained '" y""^ ^ .^,;consi^ Ho desires ,ho has g.von .t^^ ^ y^:::;^ wish to be of se. me to say, tha ^^'7/7*;,^ think he can, or would »t vice to you, he ^^]^lZ^^^uor^ io interfere be proper for »nm ;>^, ^', ^,,„Prnment. H^. fcllv in your case, wUh tht nou j^.^^ ^^^^j admitte.1 your ch.nn when t^caeb^ ^^^^ ,^ ^^^^^ admitted the hard^1n,. ^ J^^'^^ ^^.^^-.^g that Sir afforded him much ^^7'^";/'' views, whom he Charles Me.calieenn;rtam^^^^^^^^^^ feels satisfied wiU deal w "» " . ^^^^^ ^^""^ y^""'' " Believe me, &c (Signed,) "F.BAGOl. » G. H. Ryland, Esq., "• Quebec." 1 u ^°' ^- Quebec, Tuesday, mh January. 1843. My dear Sir, «^iand is iust leaving this place Our mutual f"«"d llj^^^^^^ iis present%osition as for the purpose of reprcsentin m .^ ^^e a Public Omcer »;;r'd.Ku™ent. wiich he Government. 1 "^^^^ TLnprf that the Government holds, and I am ."^^ •^'°T,tje t ft«o«r or hone^y cannot shtrkihisclmm.in''^reu^ ^, ,„j„ i„ the conduct of pMcjffajsRyia^ ^^^^^^^^^ must be recognized. , Oj, ^"""^ '^" ueinj an ancient least as 1 do, and ^^^.^f'^V^^f Represent Govern- / I 20 • „ &c • I have therefore thought of indemnity, pension, ^^' / .^^^,^1. Give him the ra- You Imve now my """"': ,„,•„. „„,! you know ^nced of the J^f^^^fJ^'Tto convince me. well than requires o*o»ff ^,,„ „„,e my (Signed,) Solicitor General. D. Daly, Esq., Provincial Secretary. ^^^^ ^^^ Witl.in three months ufter ^^^j,** .J,'fJ^[,7oi?ivTa"Snuw^ member, and o^>^ ^^^f^;^, „\u.in, SulU.an and H.n.k.. members, viz: Messrs. mm, "* aLuu. of Receipts and Disbursement, during the year 1842. j)i,bursmeni>. Rent of bouse fur Offices, to 31st May, ^^^ ^^ ^ X 'io ","'^'^»"' 56 13 1843, at £85 l«r a™""' ; ' ' 512 10 Extra Writers, J ^^ Carter, 3 6 8 ^^ g g ~ 27 18 KrS-snowiVom-f^nt-of ^ ^ „ Office, 40 Office Keeper, "•:";.""y" 4 10 Office Counter, and Pamtmg do., It 12 Kiro Wood, wmter Ibli »"" *° 12 4 8 Do prust'iU winter, •••• 9 o Stoves, •.••••', ^ "* » Coals and carlinn o«»-v--V* «,„ 6 Tinsmilh's Accounts lor P.pes. &c.,... ^^ ^^ ^ Stationery, Pii"t"% *''■•' ;;;'.;.. 12 Clock, * — " £812 i 4 Receiptt length, enroj;«stered-ainountin„ ^ Kxcess of disbursements over «»"^' ^^^^^ ^g o^ amount of foes received,.-..^ ^,^^ ^^^^^^^ ,„ addition to tcab.>^ny^^^^ £46 3s. an X ^^^,^^ ,^^i^g security bo it remembered, is "''^ ^ j; ^ the honesty of an under ordinary c«rcumstanccs i ^^^^ securities othcer holding a pecuniary tuM ^^^^^^^ ^,,. ,i of the Registrar are «"Xs of tho Registrar himself, Deputy and Clerks as ^^c" "^^f^^^'f^^^Uy of the Regis- and faults in 1"=^ '^|"^"J^J"''' G. H. RYLAND. Mount Lilac, 2dth Marchy 1843. Sib, -rrcrei to be under the "-«-;l>'; -^E y™ l'* yoi; arrival in tWs ?"-»- ' ^1 '^Hh clsl wlrich I Uers of a P«nlr Yoir Ex eUency's notiee i» rtroi^rielit '"'"vidua, interest, but .n the ^ ^ / r f! s i ! i I! r 22 The case to winch I rt or anansemenl entered ,„ Government, c-^i;;^ - ^;^^^,,^ ,y which 1 mto between LordSjcleniiam ,i„ a lucrative rsented,onpnbhc^-:;^^^,£:ainmeby^ patent appointment, ^^^ , .^ services, on receivm- a Lvereign,inrewardofp^ OS. ^^^^^ ^^^^^ ^,^^1 guarantee of a ce.ta ann m' ^^, ^^^^^^^ ^^ ^^^^. benefit, as Reg.stmr « Q^^'^^^^^t^ria, cap. 30. ved under the Ordmance 4Ui y^Jkessed a letter on On the ^^^^^^^^; s'-, Sles Bagot, point- the subject to His LxceUcncyo ^^^^^1 in. out the chan.^ed position m ^ ^ic .^^ i.^^ ^^^ with regard to the ^;:;^;^^' ^-^He Provinci^ Parlia- Act durmg the as^ ^ ^mmLating clauses before ment, which cut off all ii.e r*^'" .^^ it ^vas co- Z expiration of ^^^^ t„a. I .houU. be entitled to ll.e excess »f '^""^Jj^^nee, as put in pated from ihe ^™*'"S / '''? ° ' ™ to grant such Ue, and calling ,'^1»" '''^.^j^.tte' ^.caliar circum- tiisrorrrr.rsitid ^^eu- entitu t„ '^ Th-: letter, .oge.l,er ^h oth. Pape. re,aUv_e^. .» *^ case, «as ref-e^\ ^y,^;;** ere iUness has, I Council, but His l^xceiit^u J nrovented a decision have been »m-i^"^'»S^"^iIdoS..g rewarded being had. '"*« ™!:°"*l'"^L|"te views of Govern- f„, my.-a^. n SX FoVpt discharge of an ^^^rrw^Kr-te^w^M^ ferS^^re^— -n"; and p'ecnniary distress. Rpaistrar of Quebec I was On my appo.ntment a ^^^ ' »^„ „f"t„e o.ousand obliged to give *J''""f„'"';„ ^cld responsible with ^-lion: !rs:.:f"a,.tie^ of t.. o^ce. l^v 38 «f anv errors commiUed by and for the ^^-^^r'^nhLedC furnish money out c^ the clerk3 ; and I am obl'|«^l ^o ^^^ my private means to Provule an .^^^ ^^ ^^^ j mib ic department, the rece.p ^ « ^^ ^,^„fe accuracy /egutred ^2/ ^^^/jl.^^y expenses o/ t/ie office, much ^««^«/^r/L department. , , Xomcerattheheadof tledtp ^^^^ ^,,,iod when Had tlie Urst year ^^'^^'"f.\^ force) been allowed the Registry Ordinance was put m or^ J .^^ ^,^^ ^ to expire without any ^ ^^^^^ '^^^^^^^^^ to abide by the shoLld have considered my eh ^^^^^ ^^,^,1 result, and indeed f« »^ ''^^^.ration than the annua Gove nment for furthe. remunc ^^^^^^,^ jitter ot h.come named in ^r. Sec.aa.y^^^^^^^^^ ^^ , the 22nd August, ^^^ ' X,,d by d.e EKOCutive at ations in the law ^^ere intro ^ y^^^ ^^^ f ^ a the very moment when the pu^n j^^^ ^^^^ ^^^,^^. comphance with its F^>;;f .^^^'^ Z,,, secured to me, ;:" d remuneration wou d have be^ ^^^.^^ .^^ the power which mterlc ed t« ^^ J' iji^^, particularly tain, hound to secure the compe^ ^^.^^^ ^^j^^^ *vhe; it is borne m mmd, tbat^^he^^^. ^^ ^^ ^^^^^^ ^^^^ 1 had treated, was, "^ ^^ registration. chancres, saved a large ^"^ "^"' "^.^^ of the case, the Considering, tl-^f^ore the u jncy ^^^ ^^^^.^^^ outlay and heavy loss of o^-.^^^ ^^,, Ejected reliance on thefa'thJ^Zy Excellency's sense of me, I confidently «iy^;^\ ^^^^ humiliating position m jus ice for speedy ''f^f/^^^.V should be placed, for a \vhich no Officer c^thtnn.n^.^^^^ ^^^ ^^^^ p^^,^ ,,d Your Excellency wdpcceve^^^^ Sydenham, and memorandum submitted ^)^l' ,^,,, ,he arrangement on which the agreement as U^c ^^^^^^ .^ ^.^^^^^^^^ ^„ was one consequent ^^ ^l^^^^' enabling him to raise fact a part of that great measure -^^ ^;ounc.l "eWiry of tl^e Chairman ^^f^ annum and to / !' ^i . , ,rrv out the scheme of the new form of proposed to carry out i" ^j ^^,y mature of Government granted to Cana^; ^^ ^^^^ feepresenta- the position m ^vhtch he was ) a ^^^^^^ ^^,^|,,ed tiveof his Sovereign ^^ tl « paru*^^^ ^^^^^^ ^^j^h it absolutely "^^^^^^J ^ ^^S^ the naming to certain cUfretionary owers o w ,,„,equcnt office, and '^"^"g'^^^^^^'^Jtfe exercise of these powers, thereto, was one and am th^exe ^^^^^ ^^ ^^ a pledge, on *»'« f ^^"^t ,,,tters not whether the nobleman, given o mt, province are now Administratu. of he^r^^^^^^^^^^ as a Responsible vested m the Executive j ^^ ^^^^ ^ . Government or •« Jf ,^ ^^Se, is as bmding on the thai pledge I respecttully CO c ^,^^^ ^^^^ ,„,ent or ^^^^^^^'^^n:;e the honor to he, Sir, With great respect, Your Excellency's His Excellency, The Right Honorable Sir Charles Metcalfe, G. C. li., Governor General, fully solicit Your Excellency s perusal. Secretary's Office, (E"^^|') Kingston, Wi Apr d,^8^^• ^'?\ tV.P honor by comniand of the Governor -:^^;;;;7;;7--^;;;7«r™-«ot ™,o.rtib,. of two co„.«- tions. brm of :ure of esenta- lulered sd with aing to sequent powers, by that iher the ire now ;ponsible Crown ; ig on the jnient or lary now ant, .AND. list of the h I respect- East,) ril, 1843. le Governor our letter of ply, that His \o' the fulfil- of two construe - 1 26 „.^, of Lord \^^f:^:srTi^^^^p} at his disposal of P«*™ "S,;^ Vminciol Parhefm,ng yoo, Your most'obedient servant G.H.RY.AN-,Esq-, ^,. Quebec, mh April, 1843. SiB> . , , ipttor from the Provincial Secre- Having received « f/^^ * ^Excellency " acknow- tary informing me that / ^5^^^^ f Lord Sydenham's u fedges my f - ^^1 l"-^^ ^^ ^^^^ ''"P" « guarantee, but that pu h^^ ^ "^ ^^^^ that you are «tal of performing ^t%fP"ifJp"5v-mcial Parliament u advised that a retereiKc to tl^ Ptov ^ ^^^^^ «i would be unsuccessful, 1 am comi^^^j^^^__ ^ — " "^ ^ f^Ur-TVpfl bv the Joint * A subsequent appeal to that body -s foUo.^^^ J ^^^ Addfess (unanimously agreed ^g^^^Jf ^;;^^„a's claims, and praying faSe" o the C)"-^ - -- «^ f^-^,^^^^ the Jlquidatiou thereof. Leo.-^* - .^?:'v^r.:f ISth'Jub- 1846, and yet m Apnl, 1848. rilykind'is still unrelieved. ;^^^. ^r trifled with The^e are solemn fact, not hghtlvbe^^^^^ ^^„, Into oAice SCbeen -id that one o^ he M.-t.j^^^^ ^^^^ ^'-''^' ^Z when the Clerkship of he ^'^""^''.. , ^^,^ transaction, and that and his friends had ""'^""5/"?'' of the place, though thev thev did not want to have the f.dmg "P ^J^' ^^^ ,,ere afterwards tlv'^ one 0/ /'-•'•./-'7,,;;;;'bo, Cif a inan receives a Uorse^ SoS the animal may turn .^'^ '^ ^ ; :j ^^ Jf punishment or in \ It 26 u\um»tely to »:'y "P ;X„f„,.e Your E''"""'^.. i „„ Mv object IS to l>iy 7 ,•,, I conceive tlMt l ^ ■ -inv one ol wincii r"nvcrnm*''>t, 'tl aUernatiyes any one ^^ ^^^.^T TZw state justifKHl ^y f^^ -t Svlrnmcnt will adopt , J ^f " -.^ ^"tLtn!^ U^-lmt appears to rnet^^^^^^^^^^ J ^'Tin the Aaminlstratlon ^^^^^e o^°^ > ^^ j^ as was sors in the V ^^ .^gau ^^^"^ fY.ovcrnment ; Wen effect to , ^^^^ ^^^,^^,^,,,e of ^^^^^^ f^Uy then neccssarv , o\ „„.,r^nico cavinot, i ' ^ „,uirh and tl,at now ';»f^„taeo„>ne contract, o( «h,ch submit, be cnnvcrld into four that lOt a r the , look weral I am T\t, in II state plainly al and I faith, o- vi\)on am sure micy. of xt brings [ redress », consis- ts Your ons upon letter, in 1 as being 1 acted in . Adminis- a riglit to powers to mal Senate d was, the ilso served ; relv a Pro- bindinjj; on ;ise of those iliate succes- adoptcd but so far as was Qovcrnment ; respectfully act, of which 87 , « bear the whole ruinous loss, and the Govern- Ut retain the -^^^^^.r in^^ms me tl^ The Provmcuil Secietary reference to the u Your Excellency is ^f ^^ ^ Unsuccessful." u Provincial Parhament v«^^» ^^"^ " ^^.^^^,„, ,„ ^gree- I respectfully ^^^s^^' »^'« ^'"^^ '''''^ 'f' n,ent is made anc who has pen ^^^^^^ j^^ an indefeasible right to equ re ot ^^^^^^^ em^^^^'^''''^'''^TL7^/io fulfil ids obligation, and exhaust ^^JJ-^^J^^rnM^o^^bilities of success or ^vhatever '^»y .^V tiX i?e mitted to appeal to prm- fuilure. But if I might be F^^ ,, ^^joption, that eiples sanctioned by V^J "^e wili ultimately human nature, the ^"'^^ ^"^^ f ^ enforced, and that yield to justice and 7^^"'. "X {vrong will utimately L-en those who ^^^^-^^^l^^'^j^^J ^^^^^ right, it ought not under that influence P"^ U^emse ^^ -^^ p,,i,a. ,o be supposed ^-f^-;^^f,;'^;e 'subject, will reject a nient, not >-t «Pl"- .,^ ^nd eason especially when claim founded in 3"^*'^%"" J, ^y \he guarantee, of the filling the v^^-^j J^f ^ been one of the mea- S-:iS:^SS£S:L the Representatives of the People p„„gne„cy decline adopting this But should Your ^'^f f J^^-, ,^e justice, I then course to obtain .he n^^^^^/^ ^J^^^^^ ^^ all its circum- pray that my cl^rn ^^^^Xl'^^^^^ as one in stances before Her Majesiy s ^^^^^ ^^^ vrhichthe faith, honour and jus1.ceot ^^ principally <^-^-"tn;ome ^"^0 ol^- Here again procure me redress in ^0""^ J^rn the guarantee given t does not concern me, ^^ ™ "^^^ hasbeenineiTectual,toconsuler the probably .^ .^ ^^^^ or to point out the way of redress sur Ze to know that the person -^oj- "^^^^ acted in that respect as the ^ ^P^'^ ^^^..d into with of the Crown t^^V ni:^ ^and S h" acts have not \ 28 views of tlie 1^' I" , , t IS stiU as niui.li power ami f Pj- f t.!is was. in S^fJ^^'^S ?Lve to call Your Ef .'^"^"''Jf j,,e Government m July EisSoVS;t^:.reCs°a"«nf. ™ :i1^^""- ^"^^ ^ uL of those advantages of the guaran ee, as a)^^*« " ^,, f,,„, the office such which 1 should stdl *^'y^;'^^^je worse by the Leg.s- as it was, if t had >f /^^^« ^f^.'Jf^.e it svent fully mto lature, af^er ^^^^^ 1 allowed at the end of the pre- operation, I daun to ^^;J^;;f„t\v,^ the Officers of sent year, when ""y ,«"f Se'^en ^^ ^^^^^^^^^^^ ^^^ ti,e Department wdl ^^-^^^ ^..^se ruin, und to office, rather than ^^ J ^^^^^^^^ for placing me m receive, until an opporunUy^cc ^ a situation equivalent t^^^.U g J^.^^^ ^^^^^ ,,, retiring allovvance on the estcd,^^^^^^^ ^_. g^^^^^^^y od.orwise to the amount to whK^n^y^^ ^^^^^ ^ ^^^ Murdoch's letter of the 23ra A ^ declared to be entitled. ^^^^ ^^^.^e me I trust that a grievous ^[""^ j^^^,=' „f suffering on 1 shall not be driven u.to ^l^ ;> »^™^ ^ ^^lich no end he one hand daily .in-^X">ffiSter the period above can be seen, ^v/etamrngtl office a v^^ ^^ specified, or of^^^^^^^ "^J ^em ^^^^^^^^^^, for ffce, on the other hand my ^^ ^ ^^^j ,f ;,, an ;quivalent or redr.s by ^%\^^.J^^x Secretary's I L indeed '"f;"'."^^^ Ul t\ept in view to be con- letter, that '' ^^y <^^'Z^^,\^^ for benefiting me <^ sidered as occasions ^^fj /j ;,,,,ts." Kthis assu- « coMsistentlv with the public mtere. £ V, 30 I..,. p., Iter receiving oOier Crown m ^l^'^ J/^J^, ,^,Ae, an; ♦ «« ^^"J- cted to, for the ^^^^f f J,^*^a ana ««. f^'".;^'lcM(> me for Ivave already "^^""^^^^Vitv which wiU attach besides the res^onMbj ^^reserU o hce to say • years after I ^^"^^/^'..uion in wh.ch I am now \ if the ^^t^^^^^'^^i^.^ainstmc h^ «hu Co^jt with a Pro^^^^^'^.i^, buildingoccupicd as a 1 g^^^,^ ^^"^^ '^^^^ Toa^e expenses relative to ti>a Uep^^ ^^^^._ Office, «"^V"^^a't[ could aflord to wait an ^^^^^^ But suPP'^'*'^^, tees out of my P^'^^.^^'Xough other "-^r"^'"^:' wtcontent to .^-ew^ ^» -^,^3 «s public use, arul w ^^^^^,^.^.^ s,ucn a ^^^ ^appointments m the P^ '^ remunerate ^^^ f^^j would in t^^5,P'^''uencY will allow me «'«f /^^ at t/i« 10 suggest, that 1 ,arilmg " f ^^^..cting . given. * J' A^rTun t^e Proninctal ^^^/f^J^^e same «« *'^"* if^iZaTioould not he '^^ow considered as preventing the J^^ J ^^or E>^^^^/" .^\',,ever will *»^^^2/ <^ii;Sns towards me, w^U ne^^^^^ .^^ best pos^^^^V ,av sed, when an "c^^'^.;^!' ^blic inte- ^^«"^*'"^'y^WM it is r^ot consistent with the PJ^^ ^^^^^^ "'^ ^^r"d; so hefore any ^^^^^^J^ ^ c-ntry, or ''''' Your Excellency may ^^^^^^^.r-ne to render occur \our ej^ _:rcumstances may ^^^\ ^ ^ ibe 1 ting - Ifilled y can &» rood, such [yy's letter 'the same considered iation for- y^ with the 1 never will r benefitting . public inte- rtunity st»a^^ i country, ^»r ene to render le, and in ibe .0 accumulate, y family, our ExceUen- \t stands, not a and strength- ofthe4lhJ"»y» 31 at wWch late ;f «, -^i,tl,,l":nl of C"S^^^^ „e recognized by the G^ernm for non-fu d- nredecessor, but my f»?'«\' ' .^ ^^ ^e considered at a nent of it was entertamed a ^^^^ ^^,., ency contem- "uture liKcd time e^ J n a sU. ^^^^^ , , ^pl^di^lteTrnaid my claim befo.^ ^^'^^'"Thave the honor to bo, Sir, * '* With great respect. ^ Your Excellency s Mostobed.e^tljumbte^^^j^^ His Excellency Tlie Uieht Honorable &C. °'*^' I Sir, General, t" »f "^ 'n"0 hXo, U .0 int.rm uications of the 181. »"" '^, regrcls it i» not at you in reply .tot "'^^^^.ho tordship <-f your Lsenl i.. Ws power to '"f^y ,, ,e „f success .n Youv',«ost obedient »erv».,t,^^^^ Secretary. G. H. RvLAND, Esq., &c., &c., &*^- At Tivlnnd meinorialcd tne I ' tj '■) Extract 0/ a utter from T. W. C. Murdoch, Esq., Civil Secretary; to the late Lord Sydenham, (Jo- vemor Oencral of Canada. ^^ Brighton, Mth September, 1844. " My dear Uyland, " I received here, yesterday morning, your letter of the 28th August last ; F. mn away from the <»ffice (or my aiuiual hoUday, and du not expect to bo back there till the end of next month. " I do sincerely hope that your remonstrance to Lord Stanley may be successful ; I have always thought and ft'lt that yours was a case of peculiar hardship, and have never fiuled, when I had an opportunity, to say s... and to bear testimony to the correctness of your inter- pretation of the agreement between yourself and Lord Sydenham. " Very sincerely yours, (Signed,) " T. W. C. MUriDOCH." (Copy.) No. 193. Downing Street, Slat March, 1844. Sir, I have received your Despatch, No. 197, of iho 16th February, transmitting the copy of a letter from Mr. G. li. llyland, in which ho supplies the explana- tion called for by my Despatch of the 28th December last,* relative to the circumstances under which the late Lord Sydenham guaranteed to Mr. Ryland an income, as Kegi^trar of the District of Quebec, equal to the amount of the Pcssion (£515 currency) which he claimed for his services as Clerk of the Executive Council of Lower Canada. It is clear from the information alTordeil to me, that Lord Sydenham was fully aware of the condition attached by Her Majesty's Government to the promo- tion of Mr. Ryland to the oiTice of Clerk of the Exe- cutive Council of Lower Canada, but that His Lord- ♦ Here is an admission which would have been followed up by an immediate liquidation of the debt, but my Lord Stanley, it will be perceived, breaks new ground and starts a fresh objctlion. 33 ,o„. „r Her ^'^f;J::;z^TJlC<.-.r,^f^ Mr. Rylanii '""'J ^"f"'' ""i, _,„, „i,her to be l.iR ler'»m i i^ !,ate;: which he ceased to draw salary as Clerk ol the Executive Council. ropu.li»ling o.) tl.Ht deceived L..rd ^y^'*^"'\""'V L Rrt.rescntative of th.- subject by the P'-^lX,^^! ''oFpa Lnon '«t ,.,e "°V'XX-'!:ircum»ta,,ce., 1 am sure Vour Excel- ■ Lordship, w.tl, a ^'"'' t*'l,l%- o^fm ihc cv.nt ,„ i.'»boi"S-b,,ulc.l .0 e W J^^^^ (Government seriously .dlect mg '"«- j briefly ko up and answer the grounds on wb-b ton Stanley has a'rrived at the conclusion communicated to '""bv His Lordships Despatch it appears that 1 am a, , milled of having acted tbrougboul ll|C who of the pleedtg in any Mhcr than an honorable and upr.gh. ^■\l «t 35 ,.v,.ry drcum..unco «;"""'-'"4 " I, v ..I Slate's fre«l. „| in '''""'"'<.""?." "".""S lie reasons for whi<:h viola..,! .omo '>m'''" ' ''", Xo^ r^ Office, ''^'i";;:':'ft'w,i. a,,,... ., my Lor,, st^x--- ,s written un.ler a "''•;-"--^;;: '^^^'t;^ ! V^^^^^^^^^^^^^^ ffia^nd that U.nl Sydonluun by'on^ .„18 ofhis ..ovcinuuMit which ho did not siinive u> JeoorVo t,rex,.hun, had vioh.t.d an instruction con- ey^ t^h m by the Secretary of St,,te, jnsfce brbuls thMt for such an error on his part an innocent party ios surrendered advantages he was or.t.tled to etain, and has trusted to an mrangement mm n anu a nled-c given by the Representative of his bovere.gn, 'wi L had r'eason to believe to ^o vested wihsufT cient authority for the purpose, shouhl a a ^^bsequer. neriod be visited with ruin on account of a lact which r:! not bound to Unow and had ^-^^^J^ to cnquiie into or to ascertain ; Lord Sydenham carnc ;: C::!.ada. to carry through a great nat.ona -^^ ^^^^ «nd was not only generally ""^^^^^^^^^^J f ^^^^^^^^^^ powers to make all executive ^^^Jg^^^^f .""''^t'Jhe for carrying that measure mto full etTect but the aTranSents which he did make for that purpose under s^ch general and discretionary authority have n been maiLained. and stand go.nl, except that wh.K he made with me ; and even that arrangement has tn alnowledged, ratified and acted upon y Sir Charles Bagot and Your Excellency, as far as it was beneficial to^Government, which enjoys the advantage 3G of it, but it is now repudiated as far as it was inten- ded to be beneficial to me. , c i u I would here observe, that even .1 Lord Sydenham had been administering the Government under onl.- nary circumstances, and without the peculiar trust and power which he certainly was allowed to cxerc.se, the krransements he made with me could not be set as.de without seriously impairing the respect and cot.fulence which oucen proposed to ine ; I received it in the ordinary course ol official promotion not only for my own past services of twenty-two years in the second situation m the IJe- partment, but also with express reference to my father s longer services of fifty-nine years in that and various o::.!. confidential situations ; I received it therefore with no defeasible title, but absolutely and uncondi- tionallv, and without reference to the measure ot the re-union of the Provinces, which was not even recom- mended or proposed when Lord Durham appomted me. The effect therefore of Lord Normanby's Des- patch, if effect had been given to it, would have been to alter the tenure of the office several months after it 37 l,a.l been bestowed «.. me, by annexing « ^f i'^" hrevcnt o the Union taking place to contmue me as ?ierk of the Council, 1 was not to b-ons. ered a entitled to pension «^^«""Pf "^^^♦'""; . ^", lA'^ea tXve Kibilitv was not found, and cannot be alleged w na^e ever exi ' ^ ; on the contrary I held the Office of Clerk of the Council, doing the duty of the whole Department ?or both sections of the Province for several months^ The arrangement made with me by Lord Sydenham was based on the admission that I might have contmued To hold the Office, and he was the person who wao iudee of the possibility or impossibility of my services d^g cuntimL; but'this point does "ot re«^;f^,J« admission alone, for I have shevv-n m my f^^^^ 'f «^ to Your Excellency of the 9th February last, tha the hen Secretary for !he Colonies, Lord John R'^'^^ell by a Letter to Lord Sydenham, the existence of which I hav p' oved beyond a doubt, declared that I was to be continued in the office \ held. 1 will not for a moment ^dmit the supposition that I shall be -et by ano^ er formal objection, that it was not competent to Lord lohn R.Jell, by'a private letter, such as that to which I refer appears to have been, to cancel the effect of a public Despatch such as that of Lord Norn^nby W 1 adduce it as a further and conclusive proof that the impos,sibility of continuing my services a ler the Union, which was the sole condition on which, even under Lord Normanby's Despatch, my right of preserving the Office could bo defeated, did not exist ,n the .)..dgment either of Her Majesty \s Representative here or ot he Secretary of Slate for the Colonies; and therefore that Lord Sydenham did not violate either the letter or spirit of that Despatch when he u.ade an arrangement with me for compensation for the surrender of the Office in question. It cannot indeed be pretended that any impossibility of mv continuing in the Office could have existed, either in reference to my fitness for it or to any grounds of public expediency, when it is considered 1 ^1 38 that the Office was not filled up for a year after I retired frl and nearly two years after the Union of the P^v nces that the duties of it were done by a head C erdurinftthat period; and that it was ult.mately c jn erreS on\ person who never had held any pubhc Tuatbn higber^han that of a Clerk of the House of "^^Buf l^respectfully contend, that if Lord Sydenham's .rranacment with me is to be set aside because he v.o- SCructions, it must be set aside altogether ; it ranno be good in part and bad in part ', . would be Tnt ry to the plainest principles of justice that the GovenLnt sholld affirm it as far as ,t was advan- ta°eou to itself, and disaffirm it as far as ,t conferred ld?antaje on me; I should then have a right upon he sfme pSe^to be replaced precisely in the situation n wlS I was when Lord Sydenham made the offer to me which the Government now proposes to repud.at^ I olht to be restored to the situation of Clerk of he Council • and 1 should then be entitled to claim the s^mTconsideration and the same advantages as were exTended to other Officers of my own standing and rank when the Union took place; some of whom re- ceived appointments of equal or even greater value, and others liberal retiring pensions. ,, . , ,u„ Lord Stanley has intimated an opinion that at, he utmost, I should only be entitled to a pension as for the situation ot Assistant Clerk of Coiincil. The measure of favour which His Lordship would thus Rive me, would place me in a worse situation than he person who succeeded me as A^-tant Clerk yet hold ng no Commission, an.l who after having held the situation less than three years, and after obtammg an increase of salary only in February preceding his retire- ment, was allowed by Lord Sydenham to retire upon a pension of one half of his augmented salary. I earnestly, however, contend, that to limit me to such a rate of pension as my Lord Stanley mentions would be crowning the injustice of refusing to abide by Lord Sydenham's arrangement with me ; I respectfully urge that having in consequence of my father s great agl and infirmities, conducted the whole business of \v. -^^ 39 the Deuartment for some years before his death-having b en ap^ red to succeed him, not only in t e ordmary courso^^f official promotion, but rom regard had to h Inner and faithful services as well as to my own, and I "vin. a have already urged, been appoimc.1 abso- Snd unconditionalfy by^ Governor wh, had full nowers to make the appointment, I was en .tied to a fetTring allowance calculated upon the emolurr.ents ot the Office so conferred upon me. In conclusior, as my Lord Stanley h«« ^^i'^/^^^;^^^^^ the Office to which I have been transferred, has not realised "the legitimate -^P^lf 7« J.^^tdenht " entertain from the agreement with Lord Sydenham, I trust tliat His Lordship will not refuse tc reconside he case in the views I have attempted now to give ol t but I ould the result of such revision stdl be unfa- vourable to me, I would then respectiully pray that my daim upon the'ju^tice and good faith of t3overn,r.ent a pTedcfed to me by Lord Sydenham, may be brought before Her Majesty in Her Frivy Council ; and not- tthstandTng the delays and difficulties that have arisen Tn iradruftment of those claims, I will not abandon he hope that they will be at last admitted ; and that under Your Excellency's wise and upr.g^it admnns- "ration, my case may be an example that the rights o the Subject will be fully protected, and the honor ol the Crown maintained. I have the honor to be, Sir, with great respect. Your Excellency's most obedient humble servant, His Excellency the Right Honorable Sir Ciiakles Metcalfe, Governor General, &c. Sic. &c. 1! 40 REPORT. The Select Committee to which was referred the Pethion of Geobge H. Rylano, Esqu.re, Registrar of the Coiintv of Montreal, beg leave to Rkport- That after a careful examination of the numerous nocuments and Correspondence connected with Mr. RyLnd's Case, ihey have established the foUowmg ^^"^ThaVlnTsiS Mr. Ryland first entered the public serT'ce as an Assistant in the Office of the Executive " Coun^n of Lower Canada, and in 1821 was appom ed and sworn in as Clerk Assistant "fthesa.d Council which office he held until the I3th October 1838 On Uial day he received his Patent --^»- ^^a;* .^^ Durham, the then Governor-General, as Clerk ot ti.e Execut We Council of Lower Canada, an appo.ntmen which appears to have been conferred in the usual manner and without any conditions attached thereto. From the period of Mr. Ryland's appointment in ift^iTs Clerk of the Council of Lower Canada, he onLed i.1^i harge the duties of that office untd he UnTon of the Provinces. When that event took olace Lord Sydenham, the then Governor General, Sid not deem ft necessary or advisable to deprive Mr Ryland of his office, b«t, on the -^^^^yj^^^^ nroper to "continue his services" as Clerk of the Exe- Tutive Council of Canada, and he was accordmg^y sworn in under his old Letters Patent to perform the E of his office as appears by f M.nu es c>f Council of the 13th February, 1841, and on t he ^moval of the Seat of Government to Kmgston e proceeded to that place with the rest of the Public Officers, in charge of his Department. Fven sunposing Lord Normanhy's Despatch of the Srd'iui;, 18^9, to'have been applicable to Mr .Ryland s case (which the Committee do not admit,) t is ev den that the contingency therein mentioned dul not Jcur For instead of its being found impossible to ^Xue his services, he was actually appo.nted C erk of the Executive Council of the Province of Canada 41 y e )f e e iC h is ot to rk da W after the Union, and continued to perform the duties of the office for nearly a year afterwards. In August, 1841, Lord Sydenham thought it necessary, on grounds of public policy, and in organizing his Council on a new system, to make several changes in the constitu- tion of that body, and to transfer many of the duties which up to that period had been performed by the Clerk to the President of the Council, whose salary was increased from £100 to £1,100 per annum. In con- sequence of this arrangement, the Governor General proposed to Mr. Ryland to surrender his ajjpointment, and to accept in its stead the office of Registrar of tiie District of Quebec, at ihe same time guaranteeing to him an annual income, from the emoluments of such office, equal to the sum of £515 currency, which it was admittted he would be entiiled to as a retiring allowance, under the Imperial Statute, 4 & 5 Wm. IV". cap 24, by which Statute the amount of pensions granted to the other Officers who retired from the public service was regulated. Mr. Ryland, on being thus guaranteed, and being assured that the emoluments of Registrar under the Ordi- nance then lately passed, would amount for the first year to a very large sum, affording him ample compensation for the loss of the Council Office, acceded to this pro- posal, and placed his situation at His Excellency's disposal. But he expressly stipulated, in his official acceptance of the new appointment, as well as in his answer to the Circular of His Excellency Sir Richard Jackson, dated 8th December, 1841, " that in the event of the Registrarsbip of the District of Quebec not proving nearly equal in value to his appointment as Clerk of the Executive Council, the sum guaranteed was not to be considered as compensation in full, either for the loss of that office, or of his claim upon the Government." In consequence, however, of Lord Sydenham's decease, the Ordinance was not put in force in October, 1841, as had originally been deter- mined, and it was not until January following that the law was promulgated. During this delay the Legisla^ ture altered the Ordinance, and in effect deprived Mr. Ryland of the advantage that he would have received ' 'f - 1 1 ( i i 1 i \ ; I) / 4t , i,„». it; .hen he was first apiBinled; from the law as u . ^^....trances, no steps were ^d "<''«»';^>r r"fcmive .0 P-t' him under the taken by the E?'™''™ '^/into with him. And arrangement previously »'«'?."'". „,• ,(,e Council, ytruM^^e^hrin"dtc:L, was filled up Tnd Mr" R llnd-thus prever^a f-^^^^^^^^^^^ other losses, he was obliged l-^ <'';P'^:'"Ki,i,iet Re- "T" ht 'oTe'ive instead the sitttion of Registrar ^ofrKo" Quebec, being on'y ™t-' , ° 1 office original;^ con -ed "PonJ"- ^"'of "tte fsTdVfen^^nl'o^f'/^F^^^^^^^^^ tgistry Office.. In --fllS .^^^ ^J ridered Hrk=u:t't:=VRy.and,u ^".^■'^'c'elTmh of July, '««. fr„^i»r:'if,; Mr Kyland assumed the duties ol '"^.™'"' '''-^™"^ worK, duu * arrears were unavoidable, m for;r';f tl'T- orbusiness, and are being V / ( f 3 ll h k s- le )r in 43 made up as rapidly as the means provided by law will admit." The Revenue of the Office since the 9th of July, 1846, was £496; a sum scarcely sufficient to meet the actual disbursements of the Office, and yieldino- no remuneration whatever to Mr. Ryland. " Thus it appears that Mr. Ryland, by trusting to the guarantee of the late Governor General, has lost a lucrative office— has been deprived of all emolument, from his substituted appointments — and is now threat- ened with the loss of his retiring allowance, which he would have had a right to claim, at the same time that otiier Officers similarly situated were placed on the Pension List of the country. Your Committee, on a consideration of the circum- stances above stated, cannot but consider that Mr. Ryland's case is one of great hardship,— that his claims, the justice of which has been officially recognised by the late Governor General, Lord Met- calfe, ought not to be avoided nor overlooked ; and that he has a right to expect that the contract entered into between him and the Government, of which he has performed his part, should be carried out, according to Its terms ; or, as that may now be impossible, that he should be fully compensated for the nonfulfilment thereof. All which is respectfully submitted. J. A. MACDONALD, Chairman, G. MOFFATT. OGLE R. GOWAN. G. B. HALL. ADAM H. MEYERS. nth April, 1846. The House adopted this Report, and all its conclusions, follomnff It up by an Address to the Queen. I 11 1 'M'\ 47 or Montreal He referred to tl.(. cjise *.f Sir Lionel Smith, to shew how promises given hy a Lo onia at- cretary were regarded in England, even vvhen the^e promises were fiven under a mistake In this case thr Colonial Secretary had promised Mr. Smith that h.s salary would he the same os his predecessor, supposing that he wou'.d be able to make it up, out of some of h.-- unappropriated revenue, of the Colony of Jamaica; this could not bo done, an.l the brianre ol the salary was paid out of the general revenue of Great Britain, lie IMr. M'D.l spoke warmly on the subject, hecau««e he felt warmly; it made his blood boil (o think of the manner in which Mr. Ryland was l'''-a We would suller years from the wrongs done to Lower Canada. He regretted being called back to those old recollections, which were painful to him and to many who took an interest in Lower Canada. But to return to the subject, he hoped the House would take stops to do this gentleman justice, and would send a petition to the Imperial Government, that the wrongs done by Lord Sydenham as their servant, should ^be remedied by them. He had understood that this go- vernment had been called on for a vote to recompense Mr. Ryland. (No, no.) Well, he understood so, and for that reason ho regretted the Committee were not more explicit. The Report said that the contract made oy him (Mr. Ryland) should have been carried into effect, but as that was not possible he should give a compensation. Now the ovdy way to give a compen- sation, could bo with the public monies of the I rovince. —In fact a severe reproach had been made by the friends of the Government for not acting in this manner, and he regretted it as he did not wish to see blame thrown on them when not deserved. In his opinion, they had acted correctly in not proposing a vote for this p-irpose, but he would join his hon. friends on the. other side of the House in a petition to the Imperial Government. . „ tt u j Mr. Hall rose, amid cries of " question." He hoped hon. gentlemen would wait, as there was no hurry for the question. When this subject came before the House last Session, he had spoken on the authority of the Attorney General, and he was sorry he could not rely on it, for when he examined it himself he arrived at a very different conclusion from what he had then formed. t > s-f tr^ 49 He had formed this opinion that Mr. Ryland was a vorv badly used man, and wouhl contmue to be so, merely because the money was to come out of oui own pockets, and the Attorney General West, with all his talents, had failed most signally in his attempt to con- vince the House of the justice of the course taken by the Government. Without referring to Lord Syden. ham at all, he would say that a pledge was given «> Mr. Ryland, which the Government was bound to redeem if they had the slightest spirit of honour among them. It might be (piibbled that this pledge was given by Lord Sydenham ; that was nothing, it was the act of the Government, and when the Administration took office they were hound to trko that debt and to see this gentleman satisfied. The hon. member shakes his hend but if he were in Mr. Ryland's position, he would see this matter in a very different light. If he had been deceived like Mr. Ryland, and finally given an office after it was deprived of three fourths of its value, he would take a very different view of the matter. It appeared to him that the notions of economy of the hon. rnember for Gaspe were very ill-timed, and if he had the slightest feeling of humanity in his composition, he would see that it was a debt which should be discharged. And the hon. member for Portneuf also could not see the propriety of paying this debt. ^ . - , Mr. Christie rose to explain. So far from not feeling for the wrongs of Mr. Ryland, he had expressed his sympathy for that gentleman. Mr. Drummond also rose to explain. Ihe hon. gentleman misunderstood him apparently. He had said that the pledge given to Mr. Rylarid was the action of Lord Sydenham solely, and therefore the Go- vernment had acted correctly in the course they had taken. , , Mr. Hall was very glad the hon. gentleman had risen to explain. The h.m. gentleman admitted that Mr Ryland had been badly used, but the consequences were not to fall on our shoulders. Then we are not to pay the debts of thousands of pounds contracted under Lord Sydenham's Government. No no. Mr. Killaly or Mr. Any-one-else may spend £50,000, and »i -"^w^'apwis 50 the Government will ask (he House to vote for it, and they would have to vote for it. But let a man of the people to whom we owe a debt come and ask for pay- ment, and his is put off. Mr. Baldwin would not have risen, if it had nut been for the remarks mad« by some lion, gentleman, that the Government is bound to recognise the claims made on Lord Sydenham. Me perfectly concurred in the views of the Attorney General, that the Government was not bound to recognise them, and he for one was not prepared to do so. With regard to another question, he hoped the Attorney General would lay before the House the views which had induced the Government to take this course ; he was quite satisfied that the late Government would never have refused to take any course which they were afterwards afraid to recognise in the House. Mr. Hall rose to acquaint hon. members with (he contents of a letter which they were not perhaps aware was in existence. It was a letter dated September 1843, and signed ' 51 the Hc^use a letter from the Provincial Secretary ac- knowledging the justice of the claim, he considered the case was stil I more striking. It was however no matter whether the pledge had been given by Lord Sydenham or the Executive. If he received no redress but what he would get from the British Government, he (Mr. Dickson) would be sorry for it, and would remind honble. gentlemen of the manner in which the unani- mous Address of the House respecting Alex. M'Leod was treated. He regretted the circumstance he re- gretted that the Address of this Legislature, the second Legislative body in Her Majesty's dominions, should have had so little weight. He would therefore vote for the motion before the House with the greatest cordiality, as it was no more than an act of simple justice. Mr. Robinson — would not go quite so far as some hon. members. In his opinion the House could remedy this matter by rendering the registrarship a more lucra- tive office. It appeared that in Lower Canada they could get as great an amount of work done in the Registry Office for five shillings as would cost twelve shiilings and six pence in Upper Canada, and if they altered the rate of fees here a great deal might be done in th« way of compensation, by making the receipts of the office greater. But he had no objection to vote for the Report and an Address to the Imperial Parliament couched in as strong language as they pleased, for he was sure that if Lord Sydenham had lived be would not have allowed this claim to remain so long unsatisfied, and it was their duty to tell the Home Government that this was one of the extraordinary methods used by a Governor sent out for the purpose of carrying an extraordinary measure by extraordinary means. Mr. Macdonald having moved that the House do concur in the Report of the Committee on Mr. Ryland's petition, and Address His Excellency the Governor General that he will direct steps to be taken for the liquidation of the claims. The yeas and nays being taken, the division was: Yeas 23— Nays 32. i 52 On a subsequent motion, that the Report of the Committee be adopted, and an Address founded thereon to the Queen, praying Her Majesty to direct steps to be taken for the liquidation of Mr. Ryland's claims, it was carried unanimously in the affirmative. ADDRESS TO THE QUEEN'S MOST EXCELLENT MAJESTY. Most Gracious Sovereign, We, Your Majesty's most dutiful and loyal subjects, the Legislative Assembly of Canada, in Provincial Parliament assembled, humbly beg leave to approach Your Majesty with our renewed expression of devoted attachment to Your Majesty's Royal Person and Go- vernment. We humbly beg leave to lay before Your Majesty the particulars of" a case which has resulted in serious injury to the circumstances of a faithful subject of Your Majesty, and which we beg permission to submit for Your Majesty's gracious consideration. Previous to the Union of the Provinces of Upper and Lower Canada in 1841, the office of Clerk of the Executive Council of the latter Province was held by George H. Ryland, Esquire, he having been appointed thereto in October, 1838, and having suc- ceeded his late respected father, who had held the same office for a long period of years — and Mr. Ryland continued in the performance of the duties of the same office under the Government of the United Province, having been sworn in as such in February, 1841. The late Lord Sydenham, the then Governor Ge- neral of the Province, in re-organizing the Executive Council, thought it proper to make several changes in the constitution of the Executive Council, and to transfer many of the duties which up to that period had been performed by the Clerk, to be President of the Council, and in effecting this arrangement, His Lordship proposed to Mr. Ryland to surrender the appointment, and to accept in its stead the office of Registrar of Deeds in the then judicl; District of Quebec, at the same time guaranteeing to him an 63 annual income from the emoluments thereof, equal to the sum of £515 currency, to which he would be entitled as a retiring allowance, under the Imperial Statute 4 and 5 Wm. IV. c. 24. Mr. Ryland on being thus guaranteed, and having reason to expect that the emoluments of the office offered to him would amount for the first year to a large sum, affording him ample compensation for vacating his original one, acceded to this proposal, and placed the latter at His Excellency's disposal. But he expressly stipulated in his acceptance of the new appointment— as well as in his answer to the Circular of His Excellency Sir R. Jackson, Adminis- trator of the Government, dated 18th December, 1841 — that in the event of the Registrarship of the said District of Quebec not prwing nearly equal in value to his appointment as Clerk of the Executive Coun- cil, the sum guaranteed was not to be considered as compensation in full, either for relinquishing that office, or for his claim upon the Government. The Registry Ordinance of Lower Canada did not come into operation until the 31st December, 1841— and the time within which all existing deeds were to have been enregistered, and from which the great amount of remuneration would have resulted, was extended until eventually a material alteration was made in the Registration Law, establishing County instead of Dis- tiict Registry Offices, and causing Mr. Ryland to become Registrar of the County instead of the District of Quebec, notw^ithstanding his remonstrance ; and this alteration fuid the effect not only of depriving Mr. Ryland of a great proportion of the remuneration resulting from the arrears, but also of essentially reducing the annual income of the office. It is true, that at a subsequent period, namely, on the 8th July, 1845, Mr. Ryland was transferred to the more important office of Registrar of the County of Montreal, which he now holds ; but the Reports of the Commi.^sioncrs appointed to examine into the Registry Offices establish that both offices have been the sources of labour and expense rather than of profit. 54 From the circumstances hereinbefore detailed, the Lec'islative Assembly feel that the case of Mr. Ryland is one of great hardship ; that his claims, the justice of which has been officially recognized by the late Governor General, Lord Metcalfe, ought not to be avoided nor overlooked, and that he has a right to expect that the contract between the Governor Gene- ral and him, of which he has performed his part, should be carried out by the Imperial Government,* according to its terms, or as that may now be impos- sible, that he should be fidly compensated for the non- fulfilment thereof. We, therefore, in reviewing these circumstances, humbly beg permission to call Mr. Ryland's claims, as herein set forth, to Your Majesty's gracious notice, and we humbly pray that Your Majesty will be pleased to take them into your most favourable consideration, and direct such measures to be adopted therein, as Your Majesty in your wisdom may find them to deserve. (Signed,) A. N. MORIN, Speaker. * "Should be carried out by the Imperial Government," or, here follows the sequence, as that—memmg the possibility on the part of the Imperial Govemment—may now be impossible, that he should be fully compensated for the non-fulfilment thereof; and then they pray Ilor Maiesty to direct how this shall be done, which She does, through Lord Grey, as follows:— The Right Honorable Earl Grey to His Excellency the Earl of Cathcart. Downing Street, ISthJuly, 1846. My Lord, I have received Your Lordship's Despatch dated the 26fh June last, (No. 79), in continuation of the cor- respondence respecting the claims of Mr. Ryland. An examination of that correspondence has satisfied me, that the decision communicated to you by Mr. Gladstone, in his Despatches of the 1st and 26th May last, was just and well founded. My predecessor did hot controvert, nor do I deny, Mr. Ryland's claim to \ V ^ / 1^ \ 55 (;oinpensation yor wluttever loss he may have sustained by the surrender of his office as Clerk of the Exe- cutive Council. But that surrender was made wiili a view to Canadian objects, and in aid of a^ policy sugo-ested by and directed to the interests of Canada. MrrRyland was a public officer of that Province, and it was as Governor of Canada, and in no other capa- city, that the Lord Sydenham negociated with him. His Lordship had no authority whatever to bind the British Treasury by any such negociation. Whatever may be the justice of the claim, it is, therefore, a claim against the Local, not against the Imperial Re- venue. As the House of Assembly have acknowled- ged the validity of it. Your Lordship will strongly urge oil that House the necessity of their providing for the reasonable compensation of the claimant. I. must decline to advise the Lords Commissioners of the Treasury to address any such recommendation to Par- liament. I have, &c., (Signed,) GREY. Governor Lieutenant General Earl Cathcart, &c., &c., &c. See Lord Grey's Despatch of 31st March, 1847, to the Lieutenant Governor of Nova Scotia. Sir Rupert George's claim is as nothing compftred to Mr. Ryland's. Mr. Ryland having, shortly after Lord Elgin's ar- rival, applied to his Lord.hip to know whether he had received instructions to liqi.! 'at'^ his claims, received in reply the following Official Letter from the Provin- cial Secretary : Secret ary's Office, Montreal, 20th February, 1847. I 'have the honor, by command of the Governor General, to acknowledge the receipt of your letter to His Excellency of the 1st instant, and to inform you that His Excellency's attention will be given to the 56 I I subject of your case at as early a day as the other exigmcies of the Public Service rnay admit. I have the honor to be, Sir, Your most obedient servant, (Signed,) D. DALY, Secretary. G. H. Ryland, Esq., &c. &c. &c. Mr. Ryland to Hia Excellency the Bight Hcnorable the Earl of Elgin and Kincardine, Gmjernor General. Montreal, XSth March, 1847. My Lord, Having, in an interview with Colonel Bruce yes- terday, explained the increasing difficulties of my position, I now take the liberty of submitting a very simple method, by which, if it meets with your Excel- lency's approbation, my claims may be disposed of. The debt, as your Lordship is aware, has been ad- mitted on all sides, and the honor of the Crown is concerned in seeing it paid. I would propose that I shall receive debentures pay- able with interest, in one, two, or three years. This will at once furnish me with the means of extricating myself from the embarrassments caused by the non- fulment of contract on the part of the Crown, and afford time to settle the question whether the Imperial or the Local Goverment shall ultimately be held liable for the amount of the claim. The Government having enjoyed the benefit of their arrangement wilh me for nearly six years, it surely cannot be considered unreasonable, if I urge a fulfil- ment of the contract on their part. Mine, my Lord, is no common supplication for favor; it is an application for justice, founded in reason, right and equity ; and I feel convinced that your Lord- ship will not suffer a public servant, situated as I am, to be subjected to further loss, humiliation and dis- \ / 4> li w bf>at^mimmm 67 ^ / O grace, because a doubt exists as to which portion of the Empire should be held responsible for the payment of a debt acknowledged by all parties to be due. Should your Excellency, however, not deem it expedient to adopt the method I have here suggested, I would entreat that the matter may be disposed of in such other way as that I may be furnished with the means of shewing that the p'ledge of the Crown will be redeemed, and that justice, hovi^ever tardy, will ultimately be forthcoming. This I have a right to expect, and this, as the Creditor of the Crown, I most respectfully demand. On reference to the official acknowledgment of my claims by Lord Metcalfe, it will be seen that the present opposition, or what is denominated the Baldwin and Lafontaine party, were at that time in office. The communication, therefore, having been made through their Colleague, the regular official organ or channel, was binding on the Administration of that day as it is upon that of the present. Thus, then, I have in my favour the combined admis- sions of three Representatives of the Sovereign, of the past Administration and the present, the voice of the Public, the solemn Act of the Legislature, and the confirmation of the Sovereign, — what more can be required to authorize the payment of the debt, and wherefore, my Lord, am I still compelled to suffer .? The manner of my address may appear strange to your Lordship, but, believe me, I would not under ordinary circumstances thus press this mattter on your notice. — It is my necessities and urgent demands, which I am unable to meet, which compel me to this course ; and to the kindly feeling of your Lordship's nature, I submit these causes, in the conviction ihat they will be received as a full and sufficient excuse for my present intrusion. I have the honor to be. My Lord, With great respect, Your Lordship's most obed't humble serv't, (Signed,) G. H. RYLAND. 6a Montreal, 1th July^ lb47. Sir, With reference to the subject of your claim ti> redress for the non-fulfilment of certain exj)ectations held out to you by the Executive Government of this Province, in 1841 ; I am commanded by the Governor General to inform you that His Excellency is unable to determine the precise amount to which you are entitled, until it shall bo ascertained, what the net revenue has been of the Office of Registrar, at Quebec while held by you, and that at Montreal to which you were subsequently appointed, upon the basis of a fair and liberal allowance for necessary expenses in these offices. The difference, if any, in your favour, shall be the amount which you shall bo considered as fairly entitled to claim. I have the honor to be. Sir, Your most obedient servant, a DALY, Secretary. G. H. Ryland, Esq., &c., &c., &c. ii (Copy.) Extract from a Report of a Committee of the Ho- norable the Executive Cov/ncil^ on Mattebs or State, dated Wth September, 1847, approved by His Excellency the Governor General in Council on the same day. On the claim of George H. Ryland, Esquire, late Clerk of the Executive Council. In accordance with the terms of thq Minute in Council on the subject of this claim, approved by Your lExcellency, on the 5th July last, the Committee have had undep their attentive cons\deration the statements and accounts produced by Mr. Ryland, for the purfose of adjustmg the amount of claim to which he would O 59 O heentitkd, assuming thai* the arrangement entered into by Lord Sydenham involved a specific gua- rantee, as before stated, iind that the oOice now held by Mr. Ryland was not to be considered as a mere sinecure, but that a proper economy in its manage- ment and his personal assistance in conducting it were both required. Upon this principle the following statement has been made with a due regard not only to Mr. Ryland's personal discharge of his duty of Registrar of Quebec and Montreal, but at the same time to a fair allowance for maintaining the office. Governed by these rules, Mr. Ryland's statements shew that his ofiice expenses have been restrained within no reason- able limits,! and that from his assumption of its duties, an extravagant official establishment was not only foriTied, unjustitied by any previous knowledge of the amount of labor to be performed or by the require- ments of the law, but it has since been continued at Quebec and Montreal, without any apparent necessity. Whatever, under any circumstances,^ may bo the fair amount of claim, it was incumbent on Mr. Ryland, as a public servant, to conduct his Department with every economy consistent with the proper performance of his public duty, by restricting all unnecessary expenditure in his office, and by giving his personal assistance! to its duties, the statements produced bv * Mark this— " The arrangement entered into involved a spe- cific gimrantee." Now, it takes two parties to an arrangement of this kind, and the consent of both is requisite to perfect the arrange- ment. Mr, Ryland's memorandum, therefore, of the 22nd August. 1841, and his conditional acceptance must be taken as the base and superstructure of the contract. But what was the "specific gua- rantee?" Why, the Registrarship of the District of Quebec, under the Oi-dinance 4 and .5 Vic, from which ho would have received had not the law been altered, 4:25,000 during the firsf, year, with a guarantee equal to his pension of £51.5 in after years. Nine months, however, after the law was put in force, the District Office was taken away, and a County one substituted, thus annull- ing the contract with Mr. Rvland, without making a ing for him ng any provision t See Mr. Lcblanc's note, marked B. which shews that the expenses of the Montreal Office, under Mr. Ryland's predecessor, w(Te infinitely greater than they have ever been since, and yet, under the administration of the former, the work was left undone. X Mr. Ryland's personal attendance could not bo given at Quebec and Montreal during the same time, and, as by the Ordm- in Coun- ;ii If 60 liim miinifested a diisreganl of (hu Ibrmor, whilst Jliev indicate, it is feared, an absence of the latter* It is presumed that the Official expenditure of the Registrar's Office may be fairly stated as follows :— Mr. Ryland, as Registrar, £ A Deputy, 250 o 0) One Clerk and Assistant, 150 Of Stationery, rent, &c., |20 0( ^ Sundries, fitting up office, first year, 30 o) (The expense of Mr. Ryland's ostablisliment, as Registrar, was faxed by Lord Sydenham an £66G, besides furniture.) It may be observed that (ho duties of the Office, at Quebec, since Mr. Ryland's acceptance of that of cil of July, 1845, he was obliged to superintend the work in Quebec, he entrusted the Montreal office to his Deputy, as a matter of course, and the work in both places has been well done It It presumed that Lord Sydenham intended to mvo Mr Kyland a full equivalent for the loss of the office he surrendered' Jt was valued at £1030 per annum— he gave no security and was declared entitled to a retirement of £515 per annum. As Regis- trar of Quebec and Montreal, however, he entered into recoP- nizances to the amount of 4; 11,000, and yet, with this, the Council pretend that on an income efjuul only to his pension, Mr. Ryland IS called upon to perform labour which was not required of hira in the office which, to meet the views of Government, he consented to resign. See No. 1 , Appendix A, page 23. And yet, at the mo- ment that the Executive Coumil descended to the pitiful meanness of avoiding the payment of a>«< debt, by a wanton, false and most ungenerous imputation, it was a well known fact that Mr. Ryland was tn the active discharge 0/ his official duties, and that, for six months previouabi, be had not a tscnted himself for one simile day even to visit his family, sercral of whom were dangeromly ill. But It served the purpose of Mr. Morris and Mr. Badgley to back out ot their responsibility, and at the same time to gratify their malioo by hxmg a stigma on the man thny had injured. t Mr, Ryland's accounts of actual disbursements, supported hv vouchers given in on the 8th .l.nuary, 1843, and approved by Lord Metcalfe, shew a sum of £812 48. 4d. The Council, after six years' delay, allow £550. It will be seen that this calculation has not been based either upon the terms of the contract, of the Address of the Legislature or the directions of the Sovereign, contained in Lord Grey's Des- patch, of 18th July, 1846. Most people in this country have doubtless heard the anecdote of a notorious bankrupt who, having the goods of his principal Cre- ditor unbroken in his possession, olFered to compound at 28. 3d in the pound, if he was allowed six years without interest, to pay It. But, this is a refinement on the part of the Ministry on the bankrupt'soffer ; they hold out to Mr, Ryland, at the expiration of six years, and as an net nf great liberality, the prorpcctive intention of a '.i ' 7S qmnORfmnn "^^SSBSSSay^ — 61 0; Clerks, i,2r)0; House-rent, JE30; Stationery, Fuel and Con- tingencies, JEllO; Total. MdO, an amount unequal to the work. The Council allow £320, leaving .£340 to be paid out of Mr. Ryland's pocket— for the honor of holding the office. Eut why should the Council circumscribe the expense if the proposed pay- ment is to be in full? i^ ' i> 63 By ihc acrtimpanyiiig Scheiiule, it ii|)|)t'»iis lliat in llio itrinciplc estiiblished as (he grounil on wiruili to fsiimale Ml 11} I.iikP.^ claim, tlio sum actiiall)' due (o him on the tir.sl of July last, amounls to £2,241 16s. 8(1., being compusoil of a sum allowed for the first fiitirig up of ihe odice and bringing up ol ilic ollicu arroar.N, and of lli«' chlimaled (li;ficioni:y in salary lor iht; pt^riod of five (years and a half, with the interest a( cruing on these several items. The expendiline in the future management of (he ofilce could, ill ihe opinion of the Commitlee, bu gr.-.iilv reduced. All arrears of registratit»n having been dis[)osed of, from the gradually increasing value of the returns* n>» k'^o^t Icngih of time can elapse before a very respectable remuner-tliou <'ouUi be derived from the office by a proper attendance to its duties. In this view of tlie case, the Commidee arc prepared to advi'^e that there be placed in ihe estimates to be sub- mitted at the* next Session of the Legislature, the block sum of £2,500 in full of all past and future clairiis respecting the above inentionc Montreal, 14//t September, 1847. My Lord, I yesterday had the honour of receiving from the Provincial Secretary's Office an extract of a Report of Council, purporting to have been passed and approved by Your Excellency on the 10th instant, and I must confess that I am utterly at a loss for words adequately to express the feelings with which I have perused this most extraordinary and contradictory document. It is evident that the Council have come to a deci- sion in this matter, not on the merits of my case, not on the documents, the facts, or evidence I have furnished, not on the claim as involving (he faith and honor of the Government, not on a matter on which Legislative action of the most solemn nature has been had, and upon which the direct commands of Her Majesty have been conveyed to the Head of the Exe- Gr> culive, but either in perfect ignorance of the true nature of (he claim, upon exparte evidence, or on a crude notion ll)at a mere trifling and undefined claim had been set up on my part, which the Council were called upon to consider, and at theii- perfect conve- nience dispose of, with as little expense to the Province, and trouble to themselves, as possible. In arriving at their decision, however, I have the satisfaction to see that they have established some important facts, which greatly facilitate the finding of the exact amount due me, viz : 1st — That a contract existed, or rather took place between the Government and myself in 1841, binding on their part, and for the fulfilment of which on my part, a confession of value received is given by th<' Ministry. 2nd— That I was considered at the period in ques- tion entitled to a retiring allowance of £515 per annum. 3rdly. — That certain claims arising out of the aforesaid contract remain unlicjuidatod, and that the present Ministry hold themselves res[)onsible for the payment of whatever may be due. 4thly. — That the only item susceptible of doubt in my account, viz : Interest claimed by me, is rightfully due. This being the case I will now endeavour calmly and with all the rcs])ecl which 1 owe to your Lord- ship's elevated station, to take up and deal with each objection raised by the Council in the order which they occupy in the Report, trusting that if I shall shew, which I have no doubt I shall, that they have been based in etior, they will at once reconsider their Report, with a view to a prompt and full measure of justice, and immediate discharge of the diht for the past, and provision on the pension list for the future. The first paragraph of the Report assumes as a matter of fact that an arrangement took place between the Executive Government and myself, in 1841, con- cluding with three most ofTen^ive assertions, viz: 1st. — That the office 1 now hold was not to be con- sidered as a mere sinecure. > 67 Slid. — That a {)roper economy in its management should be practiced. 3id. — That my personal assistance in conducting the office was required. Upon these three pijints I may be allowed to remark, that the arrangement entered into with me had no reference to the office I now hold, but to tiie District Office of Quebec; it was based on the admission that I was in the receipt from an official appointment, which I might have retained, of an income of £1030 per annum, and that I had a right to retire from the public service on a pension paid quarterly of £515 per annum. Had [ treated an office therefore as a sine- cure, which, for the sake of argument merely, we will suppose to have yielded an income equal in value to the amount of pension to which I was entitled, it would scarcely have been considered very surprising or deserving of censure. But, so far from this being the case, 1 was selected by Lord Sydenham as an officer upon whom other Registrars might fall back for information and advice, to put into operation a most difiicult and important law, affi;cting the interests of every landed proprietor in the country, his Lordship at the same time othcially approving of my selection of Mr. Weston, as my Deputy, a gentleman perhaps better qualified than any other in Canada to fill the principal instead of the secondary position in this important office, and I appeal to every Registrar in (he Province whether I did not act up to his Lordship's intentions in this respect, furnishing the forms which are now used in the several offices, and assisting the greater part of the Registrars with my advice in carry- ing out the duties of their departments; and during the first three years, with the exception of the period when I was in Kingston, urging on the Government the fulfilment of their contract, my attendance was regularly given from nine o'clock in the morning, to four p. M, superintending the most important branch of the department — but my labours did not end there ; they often continued till midnight in preparing certi- ficates on documents which had been registered and were required by the parties concerned ; this fact, i ^1 68 il every Notary in Quebec ca;i speak t(», and the number of deeds in circulation bearing my signature and writing will amply prove. The process of registration under tlie Ordinance, is very tedious, requiring the greatest caution and care, and the gentleman who drew up the Report of Council must be extremely ignorant of the working of the Registry law if he supposes that in the District of Quebec or Montreal a Registrar who perfi^rms his duty properly, can also devote his time to the personal transcription of deeds deposited for registration ; nor could that duty, under any circumstances, reasonably be required from me as the head of the Department. As well might the President of the Council enter his Reports in the Council books, that the Inspector General should transcribe the public accounts ; that the Provincial Secretary should copy and enter all letters on the public service ; or that the Honourable the Attorney General should dismiss his Clerk, and copy his drafts himself. A Colonel of a regiment may understand the [)latoon exercise and have to exercise his men in it, but it is not expected that on every drill day he should go through it himself; he is responsible, however, when the men do gu through it, to see that it is well done. So the head of the office is responsible to see the duties of his depart- ment properly conducted, and if he does this, it is all that can be required of him. But proceeding to the next part of the Report, it is argued " that Mr. Ryland's statements shew that his office expenses have been restrained within no reason- able limits, and that from his assumption of its duties an extravagant official establishment was not only formed, unjustified by any previous knowledge of the amount of labour to be performed or by the requirements of the law, but it has since been continued at Quebec and Montreal without any apparent necessity." Now, having been selected by one of Your Lord- ship's predecessors to put the Registry Ordinance into operation, and having been at no slight pains to make myself conversant with the Statute, I might perhaps have been allowed the credit of understanding the practical working, or, in the language of the Report, f 69 Hie requirements of the law as well as most people in the C(»untry, not even excepting the Honorable the Attorney General hinnself, though I am aWare that he has drafted a bill to amend and facilitate its operations , at any rate after the information and explanations which I have already given on this head, I might have been spared the gratuitous affront this portion of the Report conveys. However, in order to set this part of the subject entirely at rest, I will refer Your liordship to the memorandum of the 22nd August^ 1841, laid before Lord Sydenham, in which the proposed scale upon which it was contemplated to form the Registry Office in Quebec is given as approved of by His Excellency at the time. (See page 11.) Comparing this with the account of receipts and payments contained in the papers printed by order of the House of Assembly, it will be found that with the exception of two extra writers, Messrs. Gordon and Carter, the Vittergentleman retained as Principal Counsel m an important libel case at present going on in the Court House of Montreal, and which together form ari Item of £11 6s. 8(1., only, I have strictly conformed to the scale laid down. The officers having been engaged by Lord Sydenham's directions from the 1st October, 1841, the day on which, but for His Lord- ship's accident and death, the law would have gone into operation. In regard to my having continued an expensive establishment at Quebec after my removal to Montreal, f will refer Your Lordship to the subjoined Report of Council, deciding (hat the enregistration of several thousand deeds in the Quebec Office (See page 74) should be completed by me ; this work, owing to the greater parts of the deeds being badly written in old French, in many places defaced, and extremely difficult to deciphf r, occupied 10 Clerks for nearly 18 months. The public interests required that my Deputy or myself should be on the spot to superintend, certify, and deliver the deeds when completed ; and having a resi- dence near Quebec, I remained to look after this work, except for a few weeks when Mr. Weston and I changed places ; but had he remained there wholly, it I 'i\ I II \i : 70 would have involved additional expense for lodging and board, as he could not have been expected to defray these charges out of his own pocket. The third paragraph of the Report of Council, continues the unwarranted charge of want of economy, unrestricted and unnecesssary expenditure in my office, rhis, happily for me, is easily rebutted. The subjoined note* f'um Mr. LeBianc, c.ie of Mr. Dow- ling's Deputies, will shew that th; expenses of the department under his administration infinitely surpassed mine ; his Deputy, a man of far inferior official ability to the gentleman employed by me, receiving £300 a year, instead of £250 which I pay to mine ; and yet, though he did not keep the principal book required by law, viz : the Index to Estates, the whole of his work is in such a state that it will ultimately cost the Government from two to three thousand pounds to rectify and remodel it, and even then the public will not be secured ; — but, as a final answer to the accusation of unrestricted expenditure, I shall here remark, that one of my best Clerks, Mr. C6te, in the receipt with me of £80 per annum, was taken out by the Government, and placed, in a junior capacity, in the Office of the Clerk of the Council, with a salary of £175 per annum. This will shew whether my officers were overpaid or not. The Council further observe that the duties of the Office in Quebec, since my transfer to Montreal, have been and are performed by the incumbent there, with one Clerk. I have already laid before the Council, such full explanations on this head, that it would only be trespassing on Your Excellency's time, were I to repeat them. Suffice it, that the manner in which it may please my successor to carry on his office is no rule for me, — he is V\e Registrar of a County only, and has but a nominal Deputy who resides in Montreal 1 — he no longer, I understand, keeps up the Index to Estates, but he does, notwithstanding the declaration of the Council to the cor'ary, constantly employ extra writers, and is now deriving the benefit of the perfect system introduced and kept up by me, whilst I am suffering from a contrary cause and the gross official • See page 75. ; ^ S I i\ 71 V errors and irregularities of my predecessor ; but though the time of my Clerks is constantly taken up in cor- recting errors in Mr. Bowling's work, the Council labour under a mistake if they suppose I have nriade any claim on Government for compensation on this head, though I have and shall continue to press for payment of all legal or olher lossjis and expenses caused me by their non-fulfilment of the contract which they acknowledge to exist between the Government and myself. I now come to that part of the Report which relates to compensation claimed for changes effected by Statute, and changes from District to County registra- tion, and this paragraph alone would prove that the documents before the Council could not have been read, otherwise it would have been found that a dis- tinct claim is made for losses amounting to some thousand pounds, caused by the provisions of the Act 6 Vict., cap. 1-5, which exempted Seigniors from registering seigniorial dues; and again, on the 17th December, 1843, I protested against the further altera- tion of the law, by which County Offices were sub- stituted for District Offices, and as the validity of my contract with Lord Sydenham had then been officially acknowledged, it was, I maintain, the duty of the Executive to have made provision for the preservation of my rights. This they did not do, and are conse- quently answerable for the consequences, at any rate the sin of the omission should not be visited on me. But the Council state that I accepted the transfer from Quebec to Montreal, without objection or reservation. My Lord, ! most respectfully deny the fact. Reference to the enclosed correspondence with Mr. Secretary Higginson, will shew that I expressly refused to accept of the Montreal Office if it was intended that it should, in any way, interfere with my acknowledged rights and claims, and the conferring the office in question on me afterwards, may be considered a dis- tinct admission on the part of the Executive, of my claims, as previously set forth in my letter to Lord Metcalfe, dater' Ith August. 1844, and which are as follows, viz ; 72 1st —To be reimbursed the moneys which I have advanced from my private means for the pubhc service on the faith of Government; as pledged to me by Lord %nd— Payment cf the income which I enjoyed as Clerk of the Council of Canada, from the fall oi the year 1841, when 1 consented to retire from it. 3rd —Remuneration for heavy losses, to which 1 have been subjected by tl)e non-fulfilment, on the part of the Crown, of the arrangement entered mto with me by Her Majesty's Representative. , ^,,. . 4th.— 1 claim for the future a pension of Lolb, to which by my len^rlh of service 1 am entitled, under The Imperial Act 4 and 5 Will. IV. cap. 24, or to be restored to the Clerkship of the Counc.l, with the same advantages as when I consented to retire Irom i . These are the claims, my Lord, set i.)r(h in August 1844 They are acknowledged by the Provincial Legislature, by the Imperial Government, and by Your Sove!-dkn, who directed Her Representative (the servant of the Empire) to press upon the Asseni- bly— " the necessity of providiny the mcaiiH lor my reasonable comi)ensation "— that compensation being in the ^-me instructions denominated '' remuneration for all losses consequent on the surrender oj il>.e Clerkship of the Council, in 184l."-And why, my Lord, was this not done during the last hession, when Your Lonlship, ^o far back as February lasl, five months before the inoeling ol the Parliament, declared my case to be one of the exigencies oJ the State. , ■ . The means of deciding the amount of claim were already as much within reach then as they are now, and if it was intended to postpone the payment ol the debt, and to continue my suflerings till the next Session of Parliament, why, when the question was nut to your Ministers in June and .July last, whether my claim, (in compliance with Lord Grey's Dispatch) had been liquidated, and if not, why not— did they reply that it was in progress of settlement ? If the (Jovernment are sincere in their assertions, that they are desirous to do me justice, they have it ^ h V It 7S now in Uieir power, after what tlicn passes!, to satisfy me at once without going to the House j.s 1 have shewn in my letter to Mr. BadgU-y, dated September, In conclusion, my Lord, 1 wouUl remark that my position is dillerent from that of any other orticer ol Government, in the country. So far back as 18Jb, as will be seen by the accompanyuig copy ot a l)is|)atch from Lord Gosford, when, on account of my father s^ advanced age, it was proposed to the Secretary ot State that he should be allowed to retire in my favour, Lord' Glenelg, who was disposed to comply with the nroposilioji, referred the matte, to Lord Gostord, lor liis Report. His Lordship, officially acknowledf^mg mv public services, objected to the manner only ot rewarding them, on the i)lea of dislike to hereditary succession to .»lF.ce, and nothing further was done in the matter, till the arrival of L-rd Durham, who overruled the objection, and caused Letters Patent to be issued in my favour, a))pointing me, ()n my lather s death, to the Clerkship of the Council which was continued to me on the Union, and which I held tor nearly a year after, ultimately surrciulenng it under the airangement of which I now claim the fulfilment. My Lord, we read that Ahab, king ot Samana having caused Naboth to be slain, took possession ol Ins vineyard, and the vengeance ..f the Almighty followed ; but mine is even a more cruel case thi.n Naboth's— he was slain and his cares with him— but i luive been made to die daily. Induced by fair promises of future good, and confiding in the honour of the Government, I consented to surrender my vineyard, the fruits of mv labour, the reward of my sovereign for my public services. -And now, when nothing more can be extracted from me, when all my sub- stance is gone, I am consigned with my wile and children to beggary and ruin. At any rate, such would be the inevitable result if the Report of the Committee of Council of the lOth instant were carried .>ut. But, I feel convinced, my Lord, tbal neither the Council nor yourself, with the ex|»lanations and evidcnic now laid before you, will lurthir hesitate \\ 74 to gran* nic a in\] measure oi' relief; bul, to use the words of Mr. Attorney General Sherwood, shortly before his appointment to office, that Justice, however tardy, will at length be forthcoming. I therefore pray that my claims for the past may b« discliarged by the payment of a block sum of money, eitiier in debentures or otherwise, as the Administra- tion may think fit, and that my name may be included in the Pension List reserved by the Union, and on which about £900 is unappropriated, and at the dis- posal of the Government, without (he necessity of applying to tht Legislature on the subject. I have the h')nour to bo, My Lord, With great respect, Your Lordship's most obedient humble servant, G. H. RYLANI). Tlie Right Honourable, The £abl of Kloin and Kincardine, Governor General, &c., &c., &c. Documents referred to in Mb. Ry land's Reply TO THE Minute of Council. A. Co/jy of a Report of a Committee of the Executive Council^ dnted the \st August, 1845, approved in Council on the Sth of the same month. On the subject of the difBculties between Mr. Ryland, the late, and Mr. Montizanibert, the present Registrar of the County of Quebec, relative to documents depo- sited in the Registry Office, but tlie registration whereof is not completed. On examination of the reply of Mr. Montizambert to the subjtH't matters complained of by Mr. Ryland, the Committee respectfully recommend, that as Mr. Montizambert has expressed his desire to follow out any suggestions of the Government, in refer- ence to the satisfactory adjustment of the difficulties complained of, the course pointed out by Mr. Ryland shojild be carried out by Mr. Montizambert, as the most conducive to the public interest, and to the repose of the 4^ w I public mind, as tlie name course hsA bt^en adopted in Muiitreal by the present Registrar, and that Mr. Muiiti- zuutbert aliuuld be infurmed ut' this determinutiuD. Certified, (Signed,) E. PARENT. A true copy, E, Parent, Assistant Secretary. B. Montreal^ SeptembrCf 1847. MoN CHER Monsieur, En r^poDse h. vus diverse.*) questions contenues dans votre billet do ce joiir, je dois dire (jue j'etais D^put6 de M. Dowling, sur le pied de j£300 par an, et que mes pr6dece»seurs, M. Nerval et M. Gosselin, avaient le mcme salaire. II y avaient deux clcrcs de mon terns, qui recevaient chacun, ce me semble, £75 pour I'annde, et ii part de ces deux clercs r^guliers, M. Dowling prenait quclquefois dea ^crivains extra, autant que je puis me rappeler. Le loyer de Toffice etait, je crois, de jC80 par an. Je ne saurais dire combien dounait le Bureau ^ Tann^e, n'ayant Glh D6put£ que deux mois. Je crois que Tannic aprds avoir laisaS cette situation, j'ai remarque plus de clercs que de mon terns. J'ai I'honneur, etc., (Sign^,) OVIDE LeBLANC. G. H. Ryland, Ecr., R6gistrateur, &c., «Sic., &c. Vraie copie, E. PARENT, Assistant Secretaire. Deputy, £300 2 Clerks, at £75 150 1 " for night work....... 75 Office rent 80 Pi iating, Stationery, Books, at least 60 Fuel and Office Servant 45 £V10 To which may be added durin j the first year, furniture and fitting up office, stoves, &c., &c., say 78 Total,. .£788 76 14M September, 1847. By Mr LeBliuu-.'fl note it wiU be seen that the estab- lishment was afterwards increased, so that if a sum ut £2000 is added, as reciui^ite to remode the work, Mr. Dowling's expenditure may be estimated at double uime. C. GOVKRNMENT HoUSE, May2Zrd, 1845. Mv DfiAK Sin, _ , ^ I am desired by the Governor General to enquire whether it would be agreeable to you to be tranaterred to the Registrarship of Montreal, in the event of its being in His Urdship's power to appoint you to that Office. I am, &c., (Signed,) J. M. HIOGINSON. G. IT. Rti.and, F.sq., &c., &c., ^c. A true copy, E. Pauknt, Assistant Secretary, D. My pear SiK, , Til' T hapten to reply to your kind note of yesterdays date, which I have this instant (2, PM.) 'ycei^d I have been confined to the house by illness for the last two days, and I fear I shall not be able to proceed to Montreal before Monday evening. If His Lxcellency the Governor General, therefore, will permit me to post- pone my answer to your communication till I can have visited the Registry Office in Montreal, on Tuesday next he will very much add to the gratitude which I cannot but feel for the kind and considerate manner in which His Excellency has placed the offer of the Regis- trarship of Montreal bt fore me. I have, 8, Esq., &c., &c., &c. *} \ 41 4 t I I i^ MINUTE OF COUNCIL. i/ ' V I >^ In the spring of 1848, a change of Ministry having taken place in Canada, by which the same gentlemen who composed the Council under Sir Charles Bagot's nnd Sir Charles Metcalfe's Administration, in 1843, returned to office, Mr. Ryland again applied for a liqui- dation of his acknowledged claims, and, after repeated applications, the following Minute of Council, being in substance precisely what Sir Charles Bagot, Lord Met- calfe, and Lord Cathcart, had refused to sanction, as being unjust and unprincipled, was passed and assented to by Lord Elgin. This document, being remarkable as a specimen of speacial pleading, and other perversion of truth, is given in juxtaposition with the facts of the case, ar.l a few observations, which will enable the Secretary oi State, and the Public, to arrive at the true merits of the case. Extract from a Report of a Committee of the Honorable the Executive Council on Matters of State, dated Zrd July, 1848, approved hy His Excellency the Governor General in Council on the same day. On the 13th day of October, 1P38, a Commission issued under the Groat Seal of the Province of Lower Canada, by which the claimant was appointed Clerk of the Executive Council of the said I'rovince. At that period a Legislative Union of the rrovinces of Lower and Upiicr Canada was anticipa- ted, and the Governor General, the late Earl of Durham, had that measure in view ihroughou;, the continuance of his mission to this Colony. A Ti«»gi8l''''i*« Vr\\o\\ f»f ikt Frovincf s of Upper anu Government of England, th, t ui.pointn.ents to the higher o h- ,f.s of the IVovmees, sho Ul uwait th« signilicut.on ot h'' Itoval pleasure, or that the offi- 'es^shmild bo filled up provi- sionally, until a Warrant under the Koyal Sign Manual should arrive in the Colony. This rule was not observed in M,' llylan.l's case The Com- mission issued absolutely. This omission did not atlect (.he legality of the apvomtment: tlu>Oonunis.,iun of the Governor (ieneral being sutheient au ho- vity for the grant ot the othte. As regar ;:onsidcred advisable by Her Majesty s Go- vernment to bo atuw,hedt.> the appointment, the desire o Hei Majesty's Government could be Sied'outaswellandaseasdy by removal of the officer as by disallowanceof the appointment, ai d under the «ircmn«ta»ce^ o the non..significatioa of Her Mj iestv'a pleasure in the hist m SL,Lre could be no reason why, upon leam'ng that the^p pointment was made, "« ^a 'estv's Government i;hould not Sh any ciiditions to the v„u.l.MH ..!> >u nnlouiid.-l l..■..l• t.o,.. At most, .t r.^utd oi.l> iiii.lv ti. >.npornnm.T!ir\ ..iiiiTf-. Jl o<,-.rvi.v^ wunl.l no, luu . h....n r.Mp.ired-l"i> ^^h.. u..„ .1 U.Tl1.eU. hnvel n .nt.ih.a 7„ ., ivtiring nllowance. nc-or-l- ,„,, io Ihi.ir length "k .'-'r^'"^" »uu official griid'.'. iMr. iivhind's predews-isor w „r r..cHv..da Miindumus, nnd ,1,. ,,iU- here citeii i- .'f ve-.-nj ,i,,.,, 11 is nol so ni.'d. hov-- ?;t: to impoael, Mr. H^la-dV ,,(lo 1' "Oicf. ,.rv,.r-o of that laid down bv -,,,rd (.'.ivv in his nespiUch at ,ho h-ading of Ibis Slat.nK^jt^ A,..-onli..g to Lord .rev. th« .•vlnnlt<'niireij.goodh..hi.v,..ur. ,vhile tl,i~ Hop'"-» ""^'^r n,rlit to rcn.ov^' tho < >th<;'^v. p- ..^j.rN, im^."-f••-^^"•'^""^""^"' ^. . J ' .BHl'- 87 II** >nt V- lil- tho bv I at ont. ilm (iiir, tbi> f, in ^- (iitiiiT incuinlicncy uf llic dflici', wliii'li llcr Miijt'sty slioukl lie iulviNod III iin])iiH(> ii])oii the in* ciiiiilx-nt. Upon ilii' (ip|ii>intmpnt nl" Mr. Kyltiiid Iji'inpT mndv Unnwn li> ihf Miiniiii.i of Niinnimhy, Hit iMaji'sty's Socrelury ol'Stuti' Cor ihi' Colonics, it opjioiirs to liuvi- struck His Lonl.sliip, that, to till up tin ollici- Willi a ncH inriiiii- bt'iit, at 11 time wlicii the I'liion of the I'l'i'vinei's was expi'el"il almost iinniediiiU'ly to put an enil to all olfiees, was an ini|)ru- (lent step; and His Lordshiji directed tiiut Mr. llyland should he n;iven to understand, that if (ho two Provinces of Canada should be thcjreal'ter united, and it should be tmind impitssililf lo eontiiiuc his services, he should not bo entitled to any retirinf; allowance on aeeuunt of his ap- pointment. The Committee of the E.xecu- tivo Council are humbly of opi- nion that this intimation from His Lordship was wise and con- sid(!rate.and was wliat theColony, under its then circumstances, had a right to oxjject from IJer Majesty's Govenmeiit. For sitMX' Her Majesty's Government were determined that the Officers of tho Provincial Government should be provided for, because of their loss of office inevitably arising from the measure of tho Union, it cannot bo imagined that any of Her Majesty's ser- vants would advisablj' multiply claims to arise in this manner, by ma ting new appointments on the ev > of the Union of the I'ro- vince.' , without some understand- ing as to the demands whic'h might be thus originated. Z' M»^ ni tn ptovcit mat I.orij iV.'r«i.ititi_v '• iKspiiich Hu<-writ- (ill utulcr 11 nii>c<>iiccptiuii lit thti ' cm utiistHuees of Mr. Ity- . a.l\ ,-i[ipiiiii(mcnt— 'I'heru wus ihvi t" lill up with :i riijw iliiii. Ii!. Ml'. \{\ l:iMd hud 111 In lii'i-ii uiicuiliiiiiiiiilly ap- .'iii'd !)y i-(iinpc!i"ii authority ml l.iiiil Si^ictmi (then Sir 'Ml t'l'lbunieadutiiustiriuglhc ■ viriiuieiii) huving eon-,tdieil Atloruev tieuiirtil k>U ihu i.i.'.i, ili,'clarc«l ihul (he IJes- . Ii 111 ijUiMiuii omlil not by |iiissiliili)y bf brought i«/ ii-iiii Mr. Hyhitid. Ho caused .'llcr III lie wriiten tu that • iiileiium l)y IiIn Seeretaiy, Cui. .■>udic, duicd li'th Aiigu:it, 18a!(, u.ivismti ihatgenileniuu lo willi* pt.ipci t'l -tale a JUust iniii. ■ ■ wUit ■u'euuibtauee, viz: — thuL .;- in.'ipplicabie \vas ijiird NJ^-j.>;Uinptloulji'iuteuded(oim- s^viich Mr. h'yluihl'i; claim to of- iice uuiL-r lliatCuiiimiKsion, ii, in ii i'foss lulhicy, (.lu ^vhi^;h, how- »-(or. a ;o'cai pan of the reason- iii'^ of thi- Ki'p.irt r^'sts; thatio, •h;ii. M/'.lJyIaiidat tin I imo of tho V •■ • • H'ully ht^ld lU) oiHc' or •lull to giv» up. Th'iis • ,.;i\ ijo Tiiucli to a^^evt when ■0 ('Illy til.' Piuviiicial (tov>>n>- '.r,; (i.'.nilriydonh.'iiu.sii- Jijcliam f/RiksOu, Si I ( 'Sarie-i Bc.ot. iMii Metcalft, and Loiti ' ),■ -a • 88 iMkt* »ilniiUMl tliat h«- wm in .iDiuia»iou, und Ihal an a^rtf imhI ita* witiJf >*'t(/i him,- Uv» UMttei- wltfth'i ii WW* rt'porl»H» It is true that tlvtsso dumaiids would arise upon a fund dis- poBable not under any fixed rule of law, but upon tho just and c(|uitablo consideration of the Government which should have to decide upon the claims f>f the respective retiring Officers. It may, therefore, appear an un- necessary caution on the part ot Lord Normanby to inform Mr. llylanduf the opinion hold upon his particular case; but at all events it enabled him to consider whether ho would continue to hold tho office with the limited expectations held out to him; and it deprived him of all ground of complaint if his own more en- larged expectation should halt- pen not to 1)(! realized. tliviug LvmiNorni»iil.y'it Vttf (*tvb, for the 8uke of arjfunicni. .t> fiiil«".t effeei, l.urd Sydeu fiaui did not violate the iusuui; oon it eoutttiiied. It inliuiated d as eiititlt d (■ • eoiiipun- Wilion or jamn'u— but tlmt iu»- uoKsibilitv was not fuuiid, and cuuiiot be alleii.-d to Jia\ u eror txi'ited. un the .Mntiary, Mr. IftvlBi.dheldlluOthee of Clork .'/the i;. uiieil, dviwii; the duly of fUe wholf l>.>j.!.rtm.iit fur botb »reiiuns uf ilu- rroviini', for s«- vcittl iiKiiths. hiiviiig, (U-. viler* WHS no CItrk of tho Council lu Cppir I'liuadti «vhoM- eUiim» i-oV.ia eln^h with his,) under hi» uld Cotiuni^si.m. and in couiph- mtce with i'ireet Hills ei'Utuined i» * letter tVoui tlie then ^iecretarv «f Mute, lii'iil .Fnlin Hwssen. been uneonclitioiiallv sworn in tt« Clerk of the Couneil of Caiiiul*. •■ will be seen by tlie MiiiUlti af Couueil liere following: bAIlKDAV, 13^A yW'., 1641 Ki the I'oiiii.il Ctiiiiulier, in fbt tioverimieiit Housv, MvU- tf*«al : Prent'iit, HlB Excelleney th.- iti?ht Il.> j.>T!>ble.!.-a'd SydeiiliHiii. i5:>t- «»rnoi-Geiier'Al of British Nortk Amerieii, vVe , ^Sie.. ^c His Rxeelioney the troTernor General, hming iuumatfd ihat \fs nad oauitfd Letr.M:. "CaTftui, naaer ihe Gr-ist Seal of t^e Pra- ▼isM, to jijue, *ppoinan^, m» Sf,TAi,fi> Bob<-r. B. r^uUitan, Jols« V / »0 V t t rf:«lc"i WUliuiii llfuri l)Thy-t. Uobcrt Uulilwin. »»'J f.kiuvl. • l»i'W«V l»u>, Ksu^.. u> \>f Mtiiib. I - ■ •!■ Hit Maj.;^*t v -iC 'fuu «nl for thi< Pfovinci- of <.!•• -la...; »'n'..-.i'K •*»'•■''■■ ''^'' ti'>i-'>» "■'-■''•'• (I .vl.iu' wi«d M(' • II- l>i!'-F'-. *»«<> ♦*tu.;h y>^.'.': atijujuisttrwl Uj* Hi. FixcvlUuo, Goojii'. 11. llvtiuKi h..«»usi: »uii»tiiu. uilv bucu biiftifu ii. IV' Ut <.':»i>triir auil Clfik of lb* *ini;f ot t; mud;.. TUw CouuoU ikdjouruwl C-ititk'ii, ■ <:•/. /•>, <;/. |r» isnh. l.oni liii.iifi;;. iiuv. f). .■ivurv »'f Suii-, a<:p—l '■• Ml {tl'i; I'tlk'i-. ^Ilbjivt tt> lll»J U|>pi*i - »ui 't' ibf (io>«riii>r ill v Ih'ijiattli.ilittil'Jth Auijii.t. i!S;tf., •' //'> l."r^{>liif filth/ O'i- , ■' //i/m J //' ,i't(t Mm to the favurulil- rvn^ ■' »i,/irc«n(i» "/' i/'» /W'«;Vs<'/'* ■' (novininiint.ini ni-voMVti>i'ihe>r ";iw/i/iC4<"/ '•''■(•>." but I'lurt'l t>i»v> t»,t. luaiiiioi 1)1' r.-\vu.i-iiiii;^ Uifim «M(^»a wxM i" siivoi- uf lieVCdiU' - ti- Mirm'>,'5U'n to cflkr. f -whicJ* bt wus avorsf. The .^ubjoc tvab thus left opon till tlio ttirivs»> of ].<''tl Ihiiiiaiu. Hf wJi.iiii th* filial Mithiiifiit ot' rho qut^lion wus iulmiiitcil. 'I'lio iiotf.-. \mA bi.f"io i^'-rd Miiralfi', in .I;Uiu- fcTV, \^\\. J«^■l.^^.• llllU Hisi."l'0- ^hlp, llioii'.'h his C.luuf Soor.-. tctv, Mr. ituller, vvop'isfc'l ihar. jf, 'lieu "f tlio rouiwil Otiio.t, TW • h'yland should havo til', ap jiomuuvTit of Bi'cvivrf General. thi:!' tl'tiirly i';xpr,cted U' bpcc-m** ■•acaui, b> the dc.ilh of th.^ tn- eu'orK-nr Mr tlaift. Th's a'V l0ibjiO!i Mt .Maiiio i.bvn pr>-'»)'jusl» txjinii):;, i^ dfiAwitm;; •">t n. '«>>>■ Th^; luddoTi dPMdi ft Mr. Kjf IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I It 1^0 >- u IIM M i.8 1.25 1.4 1.6 •4 6" ► pm A ^a '> "^ '<> j.-- I'tiijui&h liiv GuVi-niui.-ni, ,. jtouie .Uj. liyliiud'a riglii> li« ,'<;.soivod to issiii! a, Cummin - t.Mii uiiili-r itii' Givat JSual, cou- :.:riiig tin; iiuc(jiii.liU(«iuil ;ip- ■ oiiium-m iil'Cltrk uf ihc Km.-- ativo ("iiuiiril of L1.HM.T (.-"uiiuilu, ,-Jitirmiiii; hiin in uU ihi- I■ilrlll•^, i t.'& Ullll cllluluiUfms of oUi(.'t;, *!su>ii in Ilia pirilccossor i,i'.h« <-oniirii.>siiiii, page i),) TJn, 'JlRoo Uu-rilorc >\as i^ivtii i» \)i, vjiaiid, iiiit, Hilly jirt;\iiiii>l_\ , 'lu •;u' ^iiiui' (.i-ruis ami in tiiu ruiih; v:iauiuT us it luul liccli liulil l>\ lis lathiT, hul ill the tciiu^ ;ind muniur in wliirli ..tiico.'j in tin.- * !uliiiiit;s or in I'Jigland uri-coui- ivonly held, dLaLTiiiiiiabli' iiidiK'il ' I'iiiiiciillv ill Her Maii'>Lv\ PKiisiuv. but viriuully lUirrnt: jv"«i iMhavioitr. Nu Tiiw Cuniuiission was i-- ■iicti; it N.as iml (.iill-iidcred Jif- ' < ^sarv , iind it niav be licri' rc- .i.:irk(!(i iliul suuli a (-'(iiiiinis.sioii ■ iniLin cM'ry case iiidispcnsa- iii . Tlu' will of till- tSovtrfij,'!!, ii!i««;Vi.'r I'.sjiro.sseil, cuiislititic^ : Kc :i|iji<>iiiimt;ni, and in moments ■ I luiiiull and t-xciii'Mu'iii, IiutI- iiiul and iicriious times, a Coln- f lal (iuvi'i'iior niayjiisth- ili-inaiiil ilif M.TviiH's (if any (if Her Ma- |i--ty'> Milijccts, and ilicy may i't'l bi'imd not (Hily lo dbey, biH iii--tiHi.'(l in i;oii}idiiig tn a mtIiiiI ii'claratidii cf His ^'i(•(' K(i\at (lUa.^iiru. As a jirodf of thi,., ii may licrc Iif riiuarki'd t!iat .^i'- icral CJdinicillors were sunniiHii- ' il. attended in their )ilaces, were -*Mini in by Mr. Kylaiid. and I'ldli part ill the dcliiites, um) dc- t'isionsoftlieCouneil. '.^ nlioui any Mar;! ujmsor C'lnimi-^sicii of am' kind-— ibis nuisi have bet-ii helii 111 liavf been lei!:.il livjia the nr • eessit\ (if tlic cnsc'. S'l. i" virlii'' • il'AIr, li\ land > Ji|))i,iin;iiient. ii.- >\M- lili'i.cleii, si \ nil in I II- ;.l|c. iIk s i < i (I 91 \ i i U Mr. Ryland appears to have been under an impression that the I'act of his actiuj^ as Clerk of the Council for the United Province {jave him a title that the Go- vernment should continue these fees. But on his claiming them, in- dividuals from Upper Canada, accustomed to transact busiuess without payment of ofKcial fees, remonstrated, and the fees were discontinued, as to both sections of tile Province. UiiHtfi, o ).>ro";»'«r, rikI lie ilid tli*ii '•Nvar in, nmouif cthtT initiviiliiMK and bodies. Till' pvo^pnt ( 'hiff .lustii'e. Sir .lam«;s Stuart, ii<; Dtipiity Gov- ■ •rn-jr, and tin- Momb'T-; of th<* f:oiirt of A;ipfiiis. If cvory JiifltJini'nt they hiivc sin»?e rcri- •Icrcil i)c not absolutdy null and ■ lid, ilicn was Mr. lly land's ap- jioiiitmcnt sufficient. It. may he • ■bsiTvcd that tlicpit^ce of parol) - inenl is not the appointment lint the <;videnee of it, the uppoiul- ment, properly so cailod, is. n> before stated, the will "f tin' .S,iverei<;n, whethiT expressed xcrlially. I if which tlifre are ox- iiuipte-;, or by the inere delivery •if the '^ quentlv abolished, it i» m th,« fivv^Tt truly said, but how could th< V have been abolished it they lad not existed? This fact c«*«of ¥ The official income allovved to Mr. Ryland during the latter part of his temporary incumben- ov of the office of Clerk of the Councilor the United Provmce, was £500 currency. This was, upon the appointment ot Mr. Parent, reduced to £400 ster- line. The salary was, on tne Sbctober, 1844, fixed at £600 currency. These changes show how far the Government was from considering the income ot the office established, during Mr. Ryland's continuance in it. Mr. Ryland repeatedly asserts that he gave up a Patent Ofticts of which he could not be dc- prived, worth £1030 per annum. r>ut he did not nwc up the Olhot to which the Union put an end; and if he gave up any office it must have been the one in which he was acting without a ^jom- ThiHisinc*->mctiiii'0 w* inum-both assertion ^ hovT.vet So "itrue; th« emcKiu,«f , M V|> 93 Vlf mission after the Union, and the emolumenls attached to that office by the Government were X500 per annum. When it was resolved to ap- Soint Mr, Rj'land to the office of Registrar of Quebec, Lord Sy- denham made him an allov/ance out of the funds in His Lord- ship's hands, equivalent to one- hatf whKt the estimated fees would have amounted to, had they been exacted; and His Lordship permitted Mr. Ilyland . to receive the salary of Clerk of the Council, namely: £500 per annum, until the Registry Act should come into operation. His Lordship's successor in the administration of the Govern- ment, on account of certain ex- penses incurred by Mr. Ryland, in preparation for the Office of Registrar, the creation of wLich was delayed for a time not at first anticipated, made an allow- ance in addition to the salary, •equivalent to the same one-half tho estimated fees; but these allowances were not, in either instance, made, on admission of a claim of right, but in the shape of gratuities, and were only half the estimated amount which "ould have been received for fees during the same period, hnd these fees been continued during the time that Mr. Ryland was allowed to receive the salary of Clerk of the Council. Tn the month of August, 1841, Mr. Secretary Murdoch, on its being contemplated by Lord Sydenham, to place Mr, Ryland in the office of Registrar of Que- bec, addressed a letter to him, containing the following pas- sage : — " But as it is possible that the emoluments of the Rcgistrarship of Quebec may fall very far below those of your present office. His Excellency is willing to guarantee to you an income equal to the sum to which you KknDwle'Sj^e.'i by Ixirci ?^y(^^>\^■■ tiiii. weit j£ 1,030 pfr Oi.num. flore again tho Council arr in friTor. Lord Sydenham did not rnnkc Mr. liyland any iillowanrt »5 a gratuity, but he rrrantcd him six montlis' compi'iisittion fiir Iipss of iVos, being ono htilf of tlic anniml luaouiu n jivi'Vage of the reowipts of tho thrive prtcpJing years' ainouiit Wl't'ecs. !Sco Mr. .'jiTctary Mur- doirh'.i otriciul Ipiior of tlio 2'M'i August, IS41. Hctliort:.says. "A* it ii])j)(;ars t'liat tln^ avcragp .>f vour fi;os duriiif; the last .'i years, has been £397 storliii;;, and yviu have disconiinuvd tho foes for about 6 months. Ills ExcclhnPT i"- ]iii'ased to grant vou an indt'in- nify of ono Uioletv uf tliat sum, making, wiili your travi'llingex- pcnsfS, £2:>-2 7s." Again, on the subsequent 8lli January, a war- rant was issued at llu< ^niiii> rat* i.'V "compensation,'' not gratui- ty, for 4 months' fees, viz.- X146 !4s. Sd. From tlu' use of th» ><^rm "conipiMisaiion '' it tollow» «liat the rights wliii.-li Mr. Ry- land hail lio>.ri indiK-'iid lu tVawj^v* w«r» wi'll tVmntitHl. N 94 ^ 4 would be entitled as a retiring ttllowance, were your employ- ment in the Public Service alto- gether discontinued. Assuming your income for the last threo years to be £1030 currency, and your length of service to be 24 years, you would bo entitled, under the scale established by the 4 and 5 Wm. 4, chap. 24, to a retirement equal to one-half your emoluments, or £.515 cur- rency. That amount, therefore. His Excellency is willing to guarantee to you by making up your emoluments, from tha e»^.- ployment in the Public Service which may hereafter be assigned to you to that extent, should they be insjifficient in themselves to do so. Should they exceed it, you will, of course, be entitled to the excess." It is to be observed that the Statute referred to in the above letter, is not in the least appli- cable to Canada; but Lord Sy- denham adopted the scale of allowance therein laid down as a -or>venient general rule of |)ro- vision for officers whose services were discontinued at the time of the Union. Upon the establishment of th» Registrar's Office at Quebec, Mr. Rylandwas appointed Registrar; but the Ordinance of the Special Council, which authorized the establishment of Registry Of- fices, was materially modified by the Provincial Parliament. The changes in the law produced a reduction in the emoluments of the Registrars, and Mr. Ryland complained to the Governor Ge- neral, Sir Charles Bagot, that the receipts did not, and could not, under the then tariflF, and with the minute accuracy re- quired by the forms of registra- tion, meet the current and neces- Bary expenses of the office, much "Ins is innfcuratB; th« scai" imdfci- ;li« Jiiiptriul Acn 4 aad ■• n.,]. IS' , chi\\>. 24, WHS adopte't h< [V coiivt-nit ut aiid f;«.'nerttl ru.'t ^f provii)ii>n fir offinti^ wh<>-.» »«i vices wt-re dijfontiiiued f,t tb'^ jituf .if tht: Union, If fallow* dint had nut Lord Syd^niifiw n.ndc iiu agrt'einont with Mi H\ Umd, tlio liitter would bav» rc'tirtd '.'II a pcnsi'iii, ii conirt- (lueTicti fully admitted bv Loiii l^vd«IlbHlJU. ■fliii^ (Mmplinnl \va< not mHfiJe Vir Mr. Rjianri t.i S^r ("havlBJ Bftgot, bnU^mc .M!lisoqupntl>' rn b;r CViBi-lpft Meicnit*!, on Ili^ Kic- •.M'ilfnn> '« pro»'0'>itig t!i »r»niif«> Mr. Hvlund lo Mm\tr«»l. Vl ' "■«■*> i. 95 less uffurd an adtquutc reraune- ratiuu to the Officer at the head of the Department, and be there- fore claimed indemnity. From a letter of Captain Bagot, Private Secretary to Sir Charles Bagot, dated on the 20th April, 184.'), it would appear that Sir Charles Bagot was personally favorably disposed, as regards Mr. Kylund's claim; but in His Excellency's then position, after the arrival of bis successor in the Government, ho declined in- terfering with Her Majesty's Government in England. It would appear also that dur- ing the Government of Sir Chas. Bagot, no oificial recognition of Mr. Kyland's claim upon the Provincial Government took place. Mr. Eyland then addressed a Memorial to Sir Charles Met- calfe, again setting forth his case, and claiming not only the fulfilment of Loi'd Sydenham's guarantee, but compensation for his loss by reason of the changes in the Ilcgistry Law. To this Memorial the appli- cant received an answer through Mr. Secietary Daly, stating that His Excellency acknowledged Mr. Ryland's claim to a fulfil* ment of Lord Sydenham's gua- rantee, but was advised that a reference to the Provincial Go- vernment would be unsuccessful. rUTu)|r, nnWBtin-, l(»f«fi«ii hti fuiicuoii to ft li '■•port yfCi)uani What then is thft Prorir\r.i*l '^.^i-v-ftary'.slotiori.f ttw7th Apr'!. ^ ^4-13, paj^e ii4? Itifludniittecith'vi thr.r.' wu.s no Ordt^r in Counc.l. i.ut a Nfinute of Coiincii simii'ir .(i sul>staiu'o to and drafl'-d l;f ilio hfiino guntlonian, Mr. SecT4- lary hiil!iv?ui, who drinv up ihi« Rppfirt, w.'vs presented to SiV (^harlon B!iy;i'>t, whu refiitied bi» Assenf. objt'ollri" to tho injiiAt;^^-* finipospd t'"' 1)0 linne to Mr. Ry iftnd. In fact, then, si> fur as th» rknernur (tenttrnl cniil.i deter- mine the qiiosii(.n, ht'didHO, and n f:,voruf Mr. Uylurd, as is ad- inittf'd in a subsequent part of fri'.s lii'port. This was tin offiinal aoknow- Ifdgint'ut ofhciiilly coninuinir« ted, (»f Mr. Jlyland's ricfhts, nn.it .cnsoquentlv bindintj en the G<^ v."-ruiit"'nt. ThiitMr. Rylaiiil wi.t ostifuHl in ennsidrrin;^ thid (> i\\'> hoiioar to noknou'lfdij'i iho ncoipt of yonr )t;ti>r of thH 5iK Juno lOitant, asking if you may be permitied so «nquire whether niy It'tit-i- of Ik f imm 96 This answer appears to the Committee, not to be an admis- sion, but a denial of the liability of the Provincial Government to make good a guarantee of Lord Sydenham. It shews that Lord Metcalfe personally agreed with Sir Charles Bagot in think- ing Mr. Byland's demand just; but this is all. The opinion of Parliament was supposed to be against the claim, and it is humbly submitted that Her Ma- jesty's Representative in the Co- lony has no authority, and that no authority was, by any possible inference from the language used, assumed by either Sir Charles Bagot or Sir Charles Metcalfe, to bind the Govern- ment or Parliament of the Pro- vince, present or future, to an accordance with their individual opinions as to the validity of Mr. Ryland's claim. Upon a renewed application, and refusal on the part of the Governor General to submit Mr tba Sid .lun* (^ontMiiS Ihe cif>.i- (tua iif ttio AitiuiuihtrnttoD, <<' ni.t'Aiiv y-u uie i.y li.dk at .. unrtly MS i» LMimiiuiiicatiori fr.iin 1 1 11; K.M'flitlU'V llli; (iVivt'IU"! (i(!rit;l'ul. 1 li.'ivii sliliJliiUcd V'Uir '••Kit to His I'.xccllfiirs tht (lOMTiiiir Ijfiictr.il, iiiid iiui oijiu niaiitlt'd to iiifdi'iii yoii tliul lti« (iiiVfl'liIIU'llt roCiii^nizi'S Im >\li:h didtiiictinn lis that vou havf' at- teiiiptfil to lunlip. mid that •*.■» ionc us His K.xt'f.'llcricv ami ttia ;ft'litklinii he hiis hi-iu |)lt'rts<'d ic call into tln' C'liunxd-j of IJer Majesty iit iliis (^olnny, do iit't publicly ^'.^p^c•,-;.^ ilis.-jt'iit, it is iiut tk ruiiHt:r for iiuiividuiil iinjiiir y wlicthti cuuiuiuiiicaliuns cmt- lains tho dccisinns uf iht Adimu- iiitfttticn, ur uitrclv ihiit fc^zu Bis Excellency. ''Sigiif:d,' U. B. SriiiVAN. I'rov. Stc The role involved in this crtstt applies tu llif other; for surely noPc of ihc p(^^tie■^ in iiav way ♦upreased i?i;5stnt It kj difRoult to mulerfitand how an aolim'vvlctigciuL'iit of a ( laim can amount t> u icj'udin ■.;••?! nf J'abilify. Hut st-c Mr. •" • r General AyKvln'-i lii- 'le ll?tii .luiMiiw;\, lei.'t, T.J The i'riiViiX'ial Secrelury. pupc iai, cctnniiiiiicnted li^ order ot "i" (ioverrior (ieneral, d;ited (iie 20th February, 1844. This ielter, written in his ofllniHl rf:pacity ns Solicitor General a> d (1 Meinher of the Minis- l-y, ^lys, •',! have read tho •' dnciiriient.s which Jdr, Rv- " land holds, and am fidlv ron- " vinced that the (jovt riiinetu •• cannot .sliirk thi,s claim. It " there be honour or honest v in " the conduct of public aflairs, " Kyland's claim must be recog- " uiz«J." Tho Governor Gonornl did not retiiKo to .snliinit Mr. Hyland'» oltt'in to t\m I«i?islnturf. V < y < K'^ 97 V t \ t t^/ Ryland's claim tn the Legisla- ture, Mr. Kylaiid addiessed ii Memorial to Lord Stanley, This Memorial was replied to by a Despatch, the substance of which was communicated to Mr. Ryland by Mr. Secretary Hig- ginson, as follows: — "Lord Stanley gathers from the papers submitted to his con- sideration, that you could not be deprived of the office of Clerk of the Executive Council with- out your own consent or adequate compensation." The understand- ing thus subsisting was not how- ever founded upon an accurate view of the fact. In the first place, the Commission granted to Mr. Ilyland, and the Royal Mandamus subsequently issued, conferred the office upon Mr. Ryland during Her Majesty's pleasure only. la the next place, his office ceased and de- termined on the Union of the Provinces; but above all, the loss of his office was anticipated as a consequence of the Union, when the Secretary of State con- firmed Mr. Ryland's nomination to it. Despatch No. 53, 3d July, 1839, from the Marquis of Nor- manby to Lord Sea ton, contains an instruction, " That Mr. Ry- " land should be informed that if, " upon the Union, it should be "found impossible to continue " his services, he would not be " entitled to any retiring allow- " ance on account of his present " appointment." Lord Stanley appenrs, by that Despatch, to bo under the im- pression that Lord Sydenham's pledge was given in ignorance of the full circumstances of the case; but in a subsequent Des- patch, dated the 31st March, 1844, His Lordship stated that it was clear from the information afforded to him, that Lord byden- ham was fully aware of the con- dition attached by Her Majesty's Government to the promotion of I'his IS in fact not onlj riraw- ie; a (lifTi-'rcnt ooni"lusii>n from ih>' t'rcini.s>'-4 or pii|n;rs, frum i'.:\ii .iriiwii by Li)nl Stiinlfy. hut M'Tiuptiiig to [iiMVi! tiifit he WM •■ rotii;. It was not foiiiKl impri'i- >il)U' to f!nuliiiu(> Mr. Kylfnul in "tit" (ji)iincil Offir'f; on tho f on • ^rary, he wns rlnly npyxtinti'd. •<\vr.rn ill, ami nrtod for sevpral auHitlis, t'xcrcising ilu< most un P insist on '■•'fin^: fhp insti notion';'' H« ho«v of libtraiitv, and udiuittiMi Mr li_vlaiiii'>, ri'jhi I.. II i-i'iir«-inciit i(«n K-tili'd on Mr. itylurul's Mi-shch (:<-v ill ill'! (."iiurifil I 'tlici', at thi) • inif of til.' I'liioi) The Assis- tant ('It'rk >'f the Ciiinicil, iii tho ■•ivnie tiino, Mr. Hnwi-r, wlm had bfi'n only '2 yfiirs in the ntficf, roci'ivid^ n retirement of ono- half iif his inr'(iint> .>f X'JOu stg , per itinniin, bosiilcs ix fioiiMnn of H'^'t Its libriirmri cjf' tin.' Assem- bly, whiKt Mr. Kylunil, who wm his prinripni, iifr>ri.'7 years pnh- lic service, IS ('(^nsidered ns inrn- fiftcifBff'd from enjoying bi'nofirs C;fcc:)- ^•f-ni i.d ;.> hisjuni'^/i 99 Txird Metcalfe to inform Mr. Ryland, "That on behalf of tha "British Treasury, Her Miije»- " ty's Executive Government " have invariably repudiated and "denied all liability to make "good the engagement formed " by Lord Sydenham, which had "ne\er been reported to them "by His Lordship, and which, "when brought to their know- " ledge, they had disapproved " and refused to sanction." Mr. Secretary Gladstone, how- ever, stated that if the House of Assembly should think fit to regard the claim as one which ought to be met from Colonial Funds, ho could have no objec- tion to authorize the Governor General to apply towards Mr. Ryland's indemnity, out of any funds at the disposal of the Ca- nadian Government, any sura which the Legislative Assembly might be of opinion ought to be applied to his relief. The local Government of Ca- nada did not tbink fit, upon this suggestion, to recommend to the Legislative Assembly any grant of m(mey for the relief of Mr. Ryland; but upmi his pttitinn a Select Committee of the Legis- lative AssembJT, then in exis- tence, reported, on the I7th April, 184fi, "that his claims, " the justice of which had been " officially recognized by Lord " Metcalfe, ought not to be "avoided nor overlooked; and "that he had a right to ex- " pect that the contract entered " into between him and the Go- " vernment, of which he had " performed his part, should be "carried out according to its " terms; or, as that may now be " impossible, that he should bo " fully compensated for the non- " fulfilment thereof." fliith Sir Richard .Im'k«i'n tu'i !»ir < tiiirli"* Hii:4"t n![i.)rii;il !> it\«' I'dofiitil ( itfii'ii all the ap jioiu'uient^ vvhifh liuil t»('en umoo iv Li'."d ^yili'dmiii's pr.iiiiiut'S.* If tht-*!.- gt'iiili'iiH'ii ipinittod f'» [iieiittoii lilt.' ' t'lr fniui i.urd hLuuli-y LitViUg; i< (.uiliiited Uit> u^^ in qui^srion ,■,. Ill'* tirst |)(>sputi-h, he limited tiitisell' to (111 iriiiuirv, uud called t!{i..ii Mr. Ry'and hir explano- liuii , (o t'liiibit' tho Home Go- >•< riiint'iit t'l lake iht^ ons'- up— I'Si.'c p;i^o 32) — hiu, if the en- Jt'igcTficnt w;i« rfpuiiiat.^d. wheo wftn iRis d'in>'. surel) nor ivith .11 ijne year or t«o after it was mad.-. Now, tiwe is of -.rr.furtan.'o in all contracts, and whent-vfT t!i.' 'prin,''ipn,l 5-*es fir 1'- r-puiiiftte tho af't of hi« hgeiii, it rnii^t t^--' cionfl within » n ii>.onflbl.' piriod, and ret int'/jrij k canii'it be delayed wifh-ut tho most niiseliieviiui -esulf-, and not iiffci the princi T's! hris reapcfl ili'' t'lnotit for w^iiclt h\< iigeiit hdd >ripiuatad. This is h'.w in private litV, und in\jstiippl_v id thi' (foverjinieni. H'hicb, haviiiij ftvttiiod itsflf oi' T.iM.l Svdonham'? burxi.in, nivi KHiiid s"vpn vat? without fi!>m- nairiii-ntinjjf i(s dri^ent, In atop- ju'd fioni iirgitijj ri-ptKimiiijij. -Sir C. Bagot reports the appointment made by •No. 4.— 14th January, 1842.- Sir A. Jackson. 73.— 23rd February— Lord Stanley requires a list of these appointments 76.— 8th April— Sir C. Bagot sonds the list. 166. — Ut June — Lord Stanley acknowledges the receipt of it. P, ■m 100 % I I On thJH Ht>piirt a qiiPHlion of conciirrttiicc wux put, find it puHscil ill iho iH'jTdtive: tiio two Attorneys Gi'iu'inl, tho SolicifDr GHiipnil TasiclitTeiui, and othor Mt'inborsconnottodwithlho th party imw in power, hjt rtlii>'h ■hen t'urniril tlii' oppo- •ition, fur tint being hft in a "li" Eracet'ui minority. It mu-it {»■ )rne in mitid that Mr. llyland'* petition contained charges a- gain^f. the Kxeoutive, for not li- quidaiini; eliiinis lliey harl ntU- 'irtlly iu'l«ni>wli'(ly:ed. 'rh<>t eliargt* wer<' ('"tilirmeil In fhf Selwit ('i>niniitlt>e (n whom th» (Ktilion was rel'erreil, tiiul iht {eport siil)se(|iieiill_v aiinpted liy lite Iliiiise, uiitl emlii'dieil in th^ Address to ihi' (^iiceii. Anil iKTe.ns containing an expression '■t puhlie npiniou uii tiiis unpr* - focicnteil l)iisiness, it inny In- -.i! i'walile to truii.''eril)e tiie eilitu- rinl remarks of ilie Montreal fl' raid and Gazette on this mi). ;.< I: " Wo yesterday, under 'nir I'.triiaiiuiitary head, gave a short ^fileiiieiit of the proceedings, on Ifonday iii,'^lit, in the House if A^'i.inlily, on Mr. M'nonald's (Kingston) motion, th:it the Hou>ie do go into Committee. (•■> receive the Ki port of the Com- mittee, on Mr. Hylund'.s appli- .fttion for iiuleinnity, for the loss •if liis 'dhcc, (it'f-'lerk of the K\- reiitive Coiineil of the late Vn- vinee iif Lower < 'aiiada, eonsv- qiietit upon the Union of ih^ frovinnes. It would be obser- ved tlmt the Ministry opposed Mr. M'Donald's motion — Mr. l»raper staling, as the groniid of •heir opposition, that, he admit- ted that Lf>rd Sydenliani had qivcn the ofliina' pledije whirh had Lffii mi'ntioned t>y his inirned friend, (namely— tli;tt tlie r Ge- neral would strongly urge on thai House the neceisily of their providing for the reaaonahle com.' pttuation of the claimant. His Lordship concludes by declining to advise the Lords of the Trea- sury to address auy such r^com* meudMCiuu to rariiaowat. Mrr.om, wr.icft ft* rerejT»(i»« ►• ,ary m hi«'>id office). Mr. D'i- per ttdmittfd the ofBcifcl pl«?si;f. Mil hr- nltopdthiT dt-nirti th* fit)hl of any tiovfrntr Ger.rra' m U'ua the rrrcuues of the Prci'tnce N<.w, while we nvc happy I" ib- MTve, by whrtt f< 11 from Mr. !)r!kp«>r, on this subject on Tm-h- Ihv night, (hut, Mr. Kylani ivill. we trust, yot obtain that lustic.c. to which* ho is fo clcartv TtitUd; wi! cannot pass over in ■.ilcuop, what, with all deference. Wi' con.iidtr the unjuiit. and lo us u(i Colonists, the dangirous principle, artod upon by Mr. !):iipor- iniindy. that the " ol'- ticial pledges " given to an indi- vidual, by Her Majesty's Rcpre- •entalivc", the Governor General if British America, shall be lia- ble to be disallow ..-^: joe w I ' W f* ; r n In pursuance of this direction, the Committee of the late Execu- tive Council, the leading mem- bers of which had voted against the Report of the Committee In favor of Mr. Ryland's claim upon the Local Government, entered Into an enquiry into the state- ments and accounts produced by Mr. RyUnd for the purpose of ascertaining the amount of claim to which he would be entitled, " assuming that the arrangement "entered into by Lord Syden- "ham involved a specific gua- •• rantee." By this expression used in the Minute of Council, of the lOtb September, 1847, the Committee do noc understand the Executive Council to have admitted the claim of Mr. Eyland, or that they were in any manner bound by Lord Sydenham's arrange- no en t. They proceed to ascer- tain a sum to which Mr. Rylund would be entitled if a certain point wern ass'imed; and thry sta'e that they are prepared to advise that sum to be placed in the Estimates for the next Session, to the amounf, of £2500, in full of all past and future claims respecting the above mentioned '.rranpiements, and in compensa- tion for loss of the office which Mr. Rj'i&nd originally held. This view of their opinion is confirmed b^ a Minuto of the same Coun- cil, on the 20th September, 1847, i«T aan be connuteni wiih eit.h l)«!iir in iiiinil, iirui a Miiiist:>rmi HiRJ'THv. rorjiimsi'd nf the oppi>- (ition, (."> nnii'li resurnMos t» dt>- iVut, to bw iTii'litiiblo l"> anv cn- biripr," f Ins i". a niistako. Mr. Mac •t"ri(ilil, nu> Imo KcciMvcr (tpnpral ■n*' the pcrsmi whn prosciitP.'J 1111(1 .'iiipporiod aIv. Kvlund'i fViiti.in in the As^oinhiv, ( Soi» 'iobnU'. p»uo 4,"),) and thft fol- liwiiig Dole frcim , a> rcgardt-ii tho lifthi- iit\ nf the ( Ii'vcrnninnt to Mr fivittiui. fully ( stnhlished. flml 'he iiriioutit (if conipensation oiiIt iniiMiiiiu}; III he nseeri:iined ; •• Nkw Vr.uK. ■■ Aiitiii.ti 1' I. 1847 Mt J'kak h' VI, a si I.- 1 le ■tivoil V'liir note' fl)i« niDriiinp. :ui(l r»'£rrcl thai inv :^hsfnei «hiifiil' )iirrf citl- ' I iiliiliuii \vlii('h. of f!iiursp, cvcrv ■eric TFiiist iiirik'' iVir himseii. ' I c.-iii only say thi't I .shall hi? hapjiy til Innni of vour reoei' - iii{^ li MifHcii-ut Miin til r'jlieTi' yni) (r-.iii al/ thi difficuUi<»- ' which liavi; -jm long ntinev'C'i ■ yon. \e. &.C. '• ( Siuriied, ) " .1. A. M.s\i,r>.'' ilo-.T IS it, th.Tt in rt sfniemciii I't thi.s kind, the! i'lTcinmeiU pa')- 'M)r the .Minnie .if (.'onncil ^f lib .hr;y. Ih47, cnminiinierited a'« liip i;ine ic Mr. RylsjMl, iti thi: .«rm» lolioi^'inc • Th« note was written in consequence of Mr. ayi.-nd having beeti I ?u"f. =? *"'"* Members of the Cabinet that the reasoj? of the leUv in the liquidation of tic claims was the absence of Mr. Macdonald. to whoi^ i?ir aettlement of the caM had been entrusted. f. h. I * 4 > ^ ■>^' 1' 103 made on Mr. R_ylaittl')» appliV»- cution tor an advance of £1500. In this latter Minute the Com- mittee say, "The Imperial Go- " veniment have expressed it ai " their opinion that Mr. Byland'a "claims are not on the British " Treasury, but on the Provia- *' cial Chest, and have accord- "ingly instructed Your Excel- " bncy to bring these claims " under the consideration of the " Legislature, with a view to " their being satisfied."' Thoy state that "they conceive tho " proper course for their adop- " tion to be to lay their view* '•before the Legislature, prior " to taking any action whatever *' towards liquidating the claim, " thus leaving the matter to the " unfettered deliberation of that "body." They decline, there- fore, to advise that Mr. Ryland'a request should be complied with. (The latter and most important part of this letter is left out in his quotation, viz.: till the sura r> be paid you is laid before) the i.ssembly in the Estimates. The lata ExecutiTe Council •ppear to have considered tho Despatch of Earl Grey a posi- tive command to place in the £&timates a «um of money for ^rCKRriRT S ' "FFICJt, i'toulreai, fth July, 1847 5iii, \\ iih rei'.-r.'noo to ih* •ubjftct ut' voiir clrtiin to rtHiri»ii« lor ihb ii(jii-tulfil(iiiM»t. of Cflrtum ♦X|iic(uti(iiis lieiii out ti| yi)ii Dy i.he Kxkoutivu (iDVtriiuuMii i>t' iii.s riMViiiif 111 1>41, L;*iut;oiu- uiauded by tho tfovernor iJ? ot'r«l to jiifonii you that His l.xcelloiK'y is iiiiittiU! in d 'laiiii. I . 1 havo the lionor to b<>, Sir. ^ onr most obed't. serv'i., 1). Dai.v. ' n. II. Kvlnnd. Ksq., &c." 8i>\ .to. -Vloreover, how i.s it that n<» notice is tukeii of ilip. oflioial de- I'larntuia, by Mr. Attorney Go- uprnl Uadj^ky, thti hnider oi thfl Ministry, in liie .Asstiiiihly, on i!i«i l.')th .Inly, ISir, in reply lo ;.u crujuiry from .Mr. Hail, uaU- ;iig wliy it was, Hiter i«..-ot;iu- -■^ing the ijUiius of Mr. iiyJani Lvp.in tho Governnitfiit, ilit> Miu i.siry did not adjust and pay th« came- when Mr. Atiuincy (io hfial Badp;l(>y, the orsuii of tho (luvernint'iii, di»clart>d dial ft« oon as tht' daifii could be ad justfd it would [»• sotii.td, Hod b.> »*!iev«d the lii ml (•laiaif''t V o.ijd bf, ailjii-^ted ihn next, day ? rhongh thero vv-^s do oppor- loniiy for Mr. ]lylaii.',rryin(» tb« uutstioti, > et when ti^s cai»» wrt..'. brought before the Houiw by Colonel Gvify, on ih« iTtb 104 |-# ^ \\ if- the indemnification of Mr. Hy- hind without any reference to the opinions of the Members of the Local Government. This *tate of facts would seem to involve a probability that not Only the Assembly but also th(> Advisers of the Crown in the Province would use unfettered discretion in the ultimate deci- sion of the question, whethef Mr. Byland was to be compen- sated from Colonial Funds at all. If the Members of the Local Government continued to hold the opinion upon which they Voted against the Report of the Select Committee, and if the Assembly retained the opinion expressed upon the same occa- sion, the result of the application to Parliament must have been tinfavorable. There was no op- portunity for trying this ques- tion. Before the late Adminis- tration of Canada could carry their resolution of placing a sum in the Estimates, for the grant- ing of which they were in no way pledged to vote in Parlia- inent, a change took place In tlie Representation and Councils of the Province, which makes it necessary for the present Ad- risers of Your IJxcellency to consider their own position and views with reference to this claim; and upor ;hat considera- tion, they, with all deference, venture to express a doubt whe- ther Her Majesty's Colonial Secretary would desire his inti- mation, as to the course to be pursued by Your Excellency at the time the above mentioned Despatch was written, to be con- sidered as applicable to the pre- sent time and state of Public Affairs in the Colony. It would, indeed, be of Httle advantage to Mr. Rylai^d. for he Advisei* of Your Excellency o recommend to be placed iii he Estimates to be laid before the Legislature a proposed grant ef a sum of money, in fulfilment March. Ift48. Mr. .Mtori\fj («»• fiKfftl bftilgley gftvo %'j K i«(»«(>u »rhT tho fluiiii hftil iiut Ij.x-ii ml juBted, thftl there htui bci'ii a (liiTttrtTictt of upu'ioa betwocn iliH Govcrnniitit umi Mr. Kv Iftud as ((I tho Ainitiint in which hp was entitled; it foUow.s th'^o fore that the Gorernmeut con- Ofde'i the prinoiple, and sijrli was indeed tlio fact. Had tho late M inistry followod out tha iiistructioiis contained iii Lord tirt'y's Despatch of tha Ifith July, 1846, which wer<» im- perative, Mr. llyland's claim v(julil at ouco havf! ht"Mi udju^ led ami pniJ. Snc'i nas th* niaiiift'St ssiise of tht> niajnritv Wliv they did not, it i<^ unneooi- sary to say. Jn roply t'> the latter part of this paragraph, a nferenro to Lord Oiv y'> rsoont I)espatrh*8 to tho I.ieuton!»nt • (Jovernor of Notr Si^otiti, rola- tivc to Sir Rupart (iaorpo, will probably siiffico to renmv.^ i»r>y doubts tntertaiopii bv theCoun rii in thi$ rnnttor ' itnd 'J. { >'.'» |itt^ t'» Veil; ami it tvouid he a uio»» unprecwlented thing tor a Min- istry to include sums in tha Public pjstiraates, and then vota a(>;ainst them; but it is not to b'j supposed thai an Assembly, I'^pinposcd (if (hp Kf'pre^ontntivas ^StiHt 105 te^W of a guarantee, which, upon prin- ciple, they feel bound indivi- dually to repudiate; and which, on the introduction of the pro- posal before the Legislative As- sembly, they ind; .idually would have to refuse to recognize, giving reasons against the re- cognition of the guarantee, in which the Assembly would most probably concur. Such a course would not satisfy Mr. Ryland, and yet it would be the only one open to the Advisers of the Crown in this Province, if they were with their present opinions, to advise Your Excellency tc ask from the Assembly a grant of money in satisfaction of Mr. Ryland's claim. This view of the case mak^^s it necessary for the Committee of Council to put Your Excellency in possession of the opinions which they humbly entertain respect- ing the guarantee in question. They have no desire in the least to call in question the deci- sion deliberately pronounced by successive Administrations in England, as to the non-liability of the Imperial Treasury, to make good a guarantee not in- tended originally to be borne upon British Finances, and not reported to or acquiosced in by Her Majesty's Government, 't is for Her Majesty's Advisers to consider and decide upon the question, whether the fact of a Governor General of a Colony, entering into a personal agree- ment with a Colonial Officer, binds Her Majesty's Government to indemnify the Officer, should the Governor be unable to ful- fil the agreement. Upon this point the Committee of Council would think it presumption to offer an opinion, but they humbly conceive that it does not follow, because it is assumed that He* Majesty's Government are not bound to offer the indemnity, that, therefore, the Provincial (•overnnent and Ijegislature ar« owl«i<- piug the puarftiitv'ii, mud hi» rJnnns, w>uld stulmy thems«lv.'» \i\ r»versiug, nn n iiuss'atniutwit iif (ftcts, fttltctsion to which thf/ X.nd {l«lib4»rhf*lv ftJTivod. Flow run thu ("Inuncil uku «pon themsfllvpH i<^ say th»t th* giiRrantc^ was not oripiualiy in- t«'iidfd In be borao upau Brit'sit Finance', when, in sncthor part ff th*ir Keport. th»y dnciUrij thi*'! no one in tho Provinc*, tr> lh» kridwledfrQ of tlvo present Coim- ci!, Has fivon a consuUed* party Thfir aequninffvnco with the in- tention of the gimrant^n would argupftprp-knowledgeofiindpar- ricipution in tho art. Lord Sydenham, a must bo borne in mind, was the agent of' the Imperial GoTernmenf, put ting in force an Act of tlie Im jwrial Parliament, granting; a new Constitution to the Canadat. Had Lord Sydenham been a pn vate person, Mr. Ryland would have insisted on seeing his Pro- ' uration, and in that case h* .M.>ii!d have carefully weighsii >.i'ery sentence, to asoertauj whether he had been duly au- t honied. Had he found thai ^uch a power wa% not embracod ju the instrument, h« would hivo 106 i V fi I i bound to fulfil the agreement, or to indemnify the complaining paxiy for its non-fulfiltuent. The Governor of a Colony possessing a I-egislature, cannot expend or promise to expend money so as to bind (bo Legis- lature, Mitbout its consent, in the course of Administration of a Government, it often becomes expedient for the Executive to enter into agreements involving the expenditure of money; but this is always upon the presumed confidence of Parliament in the Government for the time being, and in the moral certainty that the Majority in Parliament will sustain the Executive in which it has declared its confidence. To say that the faith of Parlia- ment was pledged by under- takings on the part of the Ex- ecutive, not authorized by Law, would be to allege the existence of something like aconstitutional authority in the Government to dispose of money without the consent of the Legislature. The value of undertakings on the part of a Government must therefore be in exact proportion to the probability of a concur - u«tu wiib luiu m litt penl. Rai itoff (uuij U« »xpec'i \.htk\ Lilt H*i>n'ifniiti;v« of ilii hu»e/ftif,Ji wuiiiiieltHbit )iib (juweri lu him ' How CliUill h« llt^UIUUti [tit) pDIU- ml nf his laairuiiuiiiM- Thui- wa*! (iiaiiilVsiiT uii])o-)^rl)le. I'll* VJKMiiitir (ii^iuM-nl 'if (.'unuiia, i»)pr»,';>»*riliii;; Her Majostj, de- clarttd thftt ho was diilv ciiipow- tuvd. Mid tiiftt was oiiougii t'lf Mr. Itylund. Im tht> pn-stiii •Ittto of oui' Colonial l'olii.'v, iherefurw, no more dainjeroui Uwctrmu could be broached, iiur •.nut uioro oulculntt^d to aj^ti;^*" »atu the (liHicultif.s 'it' Govein- iutiit, Mid t') discredit ver- nors, iheii the rt'piulititioa of iho <'ii(j;Hj, page •2\U, Martin'* i.oiiisinnn Kcport* (coiidcnseil edition, Vol. 1, pago 510;) Pothiei- .'if Mondat, N'c 99, and Paley, ■n i'rincipal and .\(j<'nt, paij'? in. Tho faith of Pnrlimiieni wst jMi'dgcd by ils own aci, in con- llriiiiDg tho chargt^s brouglil by Mr. Bylond Bifainst the Kx«cii- live — by ncknowUnlniri'; Mr. Ry- ifiud's cliiims. Hiui rtddrensing Hit Maje.iiy on the suiywH, J'iiis latter n«t may '>e looked upon »« H draft on the TinperiAt i' lOT i' ircnce on the part of the Legii- latore in the proposed measure. An Executive Covernment may pledge itself to recommend a measure to the Legislature, but this pledge is merely personal, and one undertaking to do what can only be done by authority of Parliament,(whatever may bo the form adopted in the under- taking,) can amount to no more than a pledge to recommend the proceeding to the favorable con- sideration of the Legislature, and to support it there. This can also be only personal; and the Committee humbly conpeive that it is not competent to a Governor of this Province, even with the advice of his Council, or even with the knowledge that the Parliament in existence at the time of the agreement, would probably concur in giving the agreement legal sanction, if that sanction were asked, to under- take for future Governments, nnd Governors, and Parliaments rp^pecting matters over which they could have no control, or on which they could have no opportunity of exercising any judgment But the guarantee now in question bears no trace of having been entered into with the ad- vice of any Responsible Minister or Officer in the Colony. It never was submitted to Parlia- ment by Lord Sydenham, and no one in the Province, to the knowledge of any Member of the present Executive Council, was a consulted party, who can now be called upon to fulfil, or to endeavour to fulfil, the agree- ment That agreement is, therefore, reduced to one merely personal to Lord Sydenham, which His Lordship unquestionably expect- ed to be called upon to perform himself, and which His Lordship would have felt bound to en- deavour to perform himself, had be lived, and bad he continued huiioiiifd, the drawer becoi/ii** .tUbwerubU for the uniouut, Bai whether the Provincial ParLa- iiieiu svouU ocinaent to {)ri>vi(?u (lit iiictkn.s iir not, it was ch«dm/ ■A fhe Exccutivt) lo have appii.jil \(> them, luul by every me&:i-i in f kifir jiciwer, to huvo einicavjurnii If oiilain llie jiuymi'UI ol |li» i'vi r.p"ii,iihi'> (iDfpviiiiiPKf ilfiiTl f.oi, ni th(? unii* o: ihe auiiponiciit nitli AJr. Ivvinnd, l)rii j^rsufod >• iho PlOnni'P. Syf WB» H f'lHntfii until alr.er ihfl cam- 'umrrniiiii, of rhf lirst Scsiion .'f the I'rovincial Parliamoiu. l.ord SvdonliHin was vosr.cd wit'i -iiMTftionurv powors. fn rnshla iii-ii •.() makv" I In' arrangi'incnt '1 > !«Misl, he (ioclaivrl thnt iip "^as, '•. hicli coiilil not bo i-onira- iu-iid 'I"(io pirNpiit Miitifitry li< >rinip « piHly lo thn tiMiisac K'l:. tliP in.siruit thnt Mr. Rv .•■.ml ; , .ftui'-- wrro I'fiiciHilv nc ■ '" U >lt;pii bv ihr rrovuu ml ' !' i.iy\ '. ietU'i- oftlif 7tW Avr'l. ''■^'; A ,i(i licrr, jn ipgnrd >i> i <'i(i Svfi«iiiiatn s rrnnnnl rps- "'fiii'.ihiiitv, ilip fact tiint. the Co- 'Tiv hflvv rr.'ipfd the tH'nv'tit ot ■ h«i incfiniB siirreiiriei pd bv Mr, \l tmm t08 in the Administration of th« uoveminent until the unlnoked for contingency arose, of Mr. Ryliind's auw office not being as profitable fts it was auticipatod to be. It is only on this snpposal that the undertaking can be ac- counted' for at all, or that it can be understood why a Pension was not assigned to Mr. Ryland at the time, to the full amount that His Lordship intended, sub- ject to cease upon the acceptance by him of an office of equivalent emolument. There can be no doubt but that Lord Sylenham was personally bound to en- deavour to fulfil his guarantee to Mr. Ryland, however embarrass- ing he might have found the promise; but he could not enter into a valid agreement, which was to embarrass his successors or successive Governments in this Province. It is for this reason that His Lordship's successors in the Go- vernment, while they felt that Mr. Ryland misunderstood hii claim to be upon the Govern- ment, and not merely upon the Governor making the stipulation, and that, therefore, his disap- pointment was hard upon him, yet refused to embarrass them- selves with an undertaking as theirs, which they personally, or officially, had no concern with. The claim was not laid before Parliament, either by Sir Char- les Bagot or Lord Metcalfe, or Sir Richard Jackson, or Lord (Jathcart, or adopted by any of them, or by their constitutional advisers, officially. And yet had it been, or could it have been, considered an official, and not merely a personal undertaking, that was in question, the same obligation would have remained with them that had been with Lord Sydenham. KvitiKi. nui'^v b* i«li<vitK full jinwer and fciulioritv ill jilaoe Mr. Rylnnd on !h« I'cnVion r.ist, with (v retiring i-llowance <>f £')lf) per annum, fcid if he had that power, which lidovibtedlv ho hiid. b« might lii'^Uv inake «vor_v incidental ar- rftuptrntnt. J'hiis. the gunran •vt uiay be k.Dkud upon n.'i a ■ tmv^re.' f'l«d|i;ing the I'enfi'fr. I linn. <.n frtiiuro of the nrran^TP- . f(tt. to that aiiiMunt, an.l thu' tJit-re is II fund .puiof which pari 4t Mr. Hyiund's tlaiin can ni iucf be paid. I lie followias;; Mcmoi'andum, ./Iru.d 8th Nowrahor, recordeii 1 Lord Metcalfe, in dissent of I siiuilar Minute of Coiinei! t'^ u.i-, will ho a conipleto answpv tills portii'li of the licporl: ; 'opy. ) ■Mthotigh 1 conitur cntirfilv in nifttiv of the .sontiiiient-i clproi- MJ r>y tho f 'oinitiittfif, Jn their ficport < b« iin- ms^t, und fri>m the adoption "f •which I fiirfscp future pmharrass- iiiept in carrying on th<> Govorn- niert. I »rn f>r opinion thattho pjedg* j'tver. to Mr, Kylnnd by th" Istfl I' or.i Svdenham, ought to bo (•dt-pm^d, anri 1 coni'etvw th»t i\if Lof^al GoToniuient and tli4 109 * -5 The Committee of Council cannot recognize the authority of one Governor of this Colony, by personal stipulation, to bind the future judgment or control the future discretion of succeed- ing Governments, and witliout doing this they cannot adopt the contract entered into by Lord Sydenham. Tlioy cannot bolievo that His Lordship contemplated a contract of this objectionable nature, and if he did, that fact could make no difference in the conclusi(m which the Committee of Council are compelled to adopt. f;,.]ony tiro the rcsponsilno psr- iivc-n f;r ft politioal nnvl publij v'jeC', to tliablo lilt! G0V€rni)l" ( .'.';cr;il :o fctViiit tin nrfun.'^o- •;.t.til far cairyiiijj out the cjvr ■ steui of (jovernmutit, tata- :'' -.hi:d to meet the riews thea < .,u.-itttincd in the Province. (Sigiitd.) Mi.iCAt.rB. l:i\i N >v.. 1645. " MI'TCALI'CTkUIUCI!, " Fcbnuiry 2nd, IHlfJ. " Mv DuAR SiK,— I 'have ra- •' ciivcii a K'tter from Lord Met- "ciU'o, in v.hich ho desires ma " :o acquaint ycu Ihatyuurcjm- '* i.'iuiiicatiiiii had rea>'hed hioi, '■ but Hint bo does not answer it, '■ Li*i,'ausi! Uii Lordship coubiders " that ho can no longer, with *' 5>cfprii'iy, correspond on tha •• Anuir.H of Canada, the charge "lif which ha.s now duvulved " upon his succt'S-sor. TJiat, fur "Mic siiinu ri.'asnn, Lr.rd ilet- "eaife cannot vlifrutie any opi- " iuon.s on tho Colonial OihcK, " but ht) will, at uii (invi'i, ba " ready, it" calUd upon, to ex.- " oreas tlie j-ame opii\ion on your " L.';n<', that ho huD alwiiys enter- ••laini'd and qificiulh/ reported. "Ilis Lorus:hi[) doo.i not ui- "(itsfstaiid your alluiion to too "i-ui'posoil wiiadrawf'-i of jour " jupers fr'.Jiii liie Kt'Curuj oi •• liic Council Otfiut\* us a- b:- ■' !ii!ved, wlien ho left the I'ro- " unce, that they uor-' still n^- " r.aciiiut Hoard. l.>mi M- :r;i ;.■■ '■ tii;iHf.-i UlC heri' to Cunvi^y to ' Mill liirt I'xpre.s.sion of bii beil " I «•{.', iid and wishes. "i air., iny ihn'.r bir. '• Yours, irry t'iiihfully, " 'r. M, !• [(UliN&uN, '•»,. 1: K^!an . 1 ..|,^ • These are oriiinal documents of great consequence to Mr. Hyland s case, and which, in a Memorandum from the Civil Secretary's Office, dated 27th January, 1845, are stated to have heen on that day sent from the Office to the Clerk of the Executive Council, but which have disappeared from the Record. I< , I 'J it 110 Mr, Rjland':) ulaims have, in th 3 course of years of alleged injustice on the part of the Go- vernmenta of England and of thiii country, in withholding what ho alleges to bo his abso- lute and indefeasible right, swelled into an amount which would make the present consi- deration of some pecuniary con- SG(jucnce. // is difficult to say that the amount arrived at by the late Executive Council would be sufficient to remunerate him for his disappointments and losses, if unjustly occasioned; but the pecuniary importance of the claim is little, compared with the principle involved, and the Com- mittee are not disposed to enter into a question of amount of loss upon the failure of a guarantee, when they cannot acknowledge its validity. If, however, Mr. Ryland's claims, apart from the under- taking of Lord Sydenham, were such as the Committee of Coun- cil could admit, or if the under- taking were one, which, if made now under like circumstances, they could uphold and recom- mend to Parliament, Mr. Ryland is entitled to the same justice at the hands of Your Excellency, as he was entitled to from Lord Sydenham, at the time of his leaving the Office of Clerk of the Council; but on this point they have to repeat their approval of the precautionary condition imposed by Lord Nor- manby, and to express their opinion that, considering Mr. Ryland as a retiring officer at the time of the Union,and that he was already in the enjoyment of a Pension of £50 per annum, the Pension accorded to him of £1 1 1 Here ;s the itui Hi/TicuUy, bu' if thf' c.luiai liii'; swi'lled iiito un amount of jiccuniavy consi>- quence to tlio Goveinnunt, hiw miioh greater must tho coiise- q'lf net- be to Mr. liyland. JJi-t whrjsc fi.ult is it that the amouiit has bcrcifiC s,o laiw'? JSot Mr. RylandV. bat liiul i-f an intinu Governtriont, who, by mistiitf- nif.nts, nnd < vfry kir.d of vixa- tious delay, have cndravuurt"! to cva,dc iht' payment of an ac- knov.lcdgtd ami just debt, which now thty would aitogcthei- ropu- diate. It is, however, ndinittt'il here, tiiat assuming the I'rovineo to be liiibii. ll)c Biiii) arrivt'ii at by llio lat'jLxcciUivt Couucil was ivjadctjuJito. As to wliijt Lord tSyticiiliuiu contuuipIatL-d, no betttr evidence can bo given than that of the living witness to thr transaction, Mr. Chi» t" St:crptiiry Murdocli, who, jn a Irttpr, cl.ileu 17tii SopttJub(;r, 1S44, '' Ltiir," icstiiniiiiy to llio ron-ecMicss of Mr. Kylund's in- tfrprcialiou df the arrungerotnt beiwcpn himself and Lord fey - d^nUaiii." ^oe page li2. Blr. LMand"' claim cannot be .lisiointHl from llio urrnngcTnent made with Lurd Sydenham, act - nij; as he did oflklully and vice-ri'giiliy. In regard to RIi . Rs liiiid's pension of X50 per annum, it was f^ninted to bini '20 vpurs u;^o, fur prior ser- vieeH, and llif ;iniount is not ohurpod on thu Funds of tho Provinco, bui; upon tlio JcouiU' Estate!-, the gift of the Crow n to tiie Province. As regard Lord Normanbys Despaleli. thi-> is resoniDg to tluico refuted rea- sonini; Of what importance can any sueh antorior event bo to defeat, a claim subsequently re- "Mgniicd, and i;i fael admitted by Sir Chiirles Ltigot, Lord Blot- calfc, the ^.A'liiniiil Parlianient, and ]n.'A\y, by I >ord Grey. There have been a- sueee.suion of wai- Ter;: of Lord ^urrau.uby's Des- paioli, «i',d t Rvo nii»i,i;.j:i;.y t-stoppoi! from urging i:. liuf, ju unJor »o iy K'jr Majesty's Lord IL.^h c;o')iujissi(.nur, it was nnncceV >s.Ty to rcporf; to iho Co'.'-.' f Ofi'i.'o, particularly as ttio. mission griintcd to .Atr. E_, . , . .wa.5 prcoisciy glnu'ir to tiit-!'. wl"'';h had bcpn givon t> hi prpdi!ces3or, who itnvkr had a Mtndaiiius from lloiiit'. Tr it of ii;(i.> oiUiequoiu-.? w!ieth(;r on Oillopr is paid bv f-er, or salary, tiiey an' lyiiit '••luaiiy cmolumpntji of oflioK. T'iour^h Mr. Ryland voluntfirily ! iirrondorcd his ris^nt to fi?os, wiiieh ho mieht under the Oj-di- liaiice then in I'oroe. have con- liiiii : pxact from that por- tion Iho Province calicl Lower Caoaik. yet, the emo- iuraents of his <'»fiice nevtr wei*» rodii.od; wliPtlior, bad ho cor. - einuc'i to retain tho Office, they lairbthave booii renuceo. is very problcmaticaJ, Tho rompHasa U2 W t W III temporary, aiui c<»ul(l not httvn hwn contiiiui'd to him, had lio romained. Ho, thorefore, tlid not lose ftn uftico worth X1030 per annum, for ho never had that uicomo from the otfloo aftiT the Union, and hadnorij;ht to expect it, for it was out of all propor- tion with tho salaries assit;ucd to the higher orticei s of the Govern- ment. 1 lo luul no claim to retire upon a Pension if the Govern- ment could find him an employ- ment which it thought u just and adequate provision. The appointmentof Keyistrarat Que- bec was supposed to be such un employment, and probably would have been more than equal to Mr. Ryland'a juat claims to a provision, hud the Ordinance remained unaltered by the Le- gislature. As the Governor General in- tended the office in lieu of a Tension, it would be hard upon Mr. Kyland if, when that office turned out to be unprofit;iblc, the Tension should be withheld, but bo has been allowed a Tension as if ho had received no now office; and as the ogreemunt of Lord Sydenham cannot be re- cognized as binding upon the Government, th(i utmost that can be done by the present Ad- visers of Your Excellency is to take up his case as that of an officer retiring :it the Union, and to consider whether he should be allowed more than the sum assigned him by Lord Stanley. Considering the case in this light the Committee think, him not entitled, as a retiring officer, to any further provisinn, ami they cannot advise that any other be made for him through' this Government. According to the Report of the Committee of the lut.i Coun- cil, the office of Registrar of Quebec, held by Mr. Ryland. ought not to have been a losing one if conducted with due cco- Mou (.:ia.r.(i'it to luin t»** ftt tli.t rut« At wliich U« hnd b< vn no- . uj,f'.iu(:i\ lo li' rvu.uf.iTuted. iiu tiunfore (lid losu Rnriffic»«(it" xi,03(), tliH bfst proof «>r »^hict» .» J^i rd Syiifnham'x otPrinl ad- uatsinn thereof, ond Mr. K> • IbTsd'.H qimUfied aci'uptaiico of il n lit gistrniship of Quebec, in i* f ro .f tbut ho would not hnvy ■fcimcd a pension, bad nihir K'.fquftto fTC'. i>:wn biien Uiud't r'or him. Ttvltud coUipiftiGB. It in rffn i.'.'ttt hr- was iiit'tled Bt the Union ff> ret.rn i ri h T»insii.r\ of XhlS ; » t nil ;um, upon the ;<'a!e which »vas 6f plicJ to other rclirinct Of- ficers, particularly the Graini V'f.yer of Quebec, whoso vncomo was entirely derived from fees. But if his case were now to l»» taken v.p ns nn Officer retiring sit the Union, ho would be entitled ! seven years' arrears of iiic(jmp,_ xvith interest, at tlio rato of / 1,080 per annum, and compon- •^tion for all losses, consequent. im the act of the Keprcscntatu.i i'ftbo Crown, by whirh ha hid bffcn infeigk-d into thi niinou'* r.rrHngomoat of which ho now tompiaics. * i ^ hr:^ 113 * i / %-^ nomy and a proper dejiree of )K-rsonal performance of its du- ties. Aeeurdinp; to Mr. llylaiid'n Btutements, it I1118 uctuully been II loss to him; but the Oonunit- te« are not of opinion tiiat this tiucstion shoukl bo considered, with reference to Lord Syden- liam's guarantee, further than as before stated, tliat is to say, the ottice should not be consiflered as a provision in lieu of a Pension, nnhiss, with duo economy and exertion, it was in reality capable of benefitting the officer, as much as the Pension would have done. On this subject the Committee remark that Mr. Kyland's Pen- sion of £\\l 2s. 2d. appears to have b(ipioh!.nded the agreement, • i--^ r, . ve^v oi the Executive Gowrft k it, or Go- vern ->r Genera i, ■ o make agree- ments of the nature which be understands this one to be, liiut this Government are to enter into a questicm of indemnifying him. It is not surprising iliiit, understanding, as he appears to do, his right to a situation worth £1030 a year, is indefeasible and independent of the Government and Legislature, he should feel strongly his riglit to be indem- Tlieso remark.* could only Ik* hazarded by persons Rtandioij towards Mr. Ryland, in the floiible and incompatible reJctiou of debtors and judges. In pri- 'ato life, such di.sciaimers wr-.^ not '.inknown, but Courts of Justi'"T tr^ '^pon iiy rrfdifors, li; tLi 115 niflttd for tha toss of that iiicoiui< hy an urrangcmpnt not carru'il out ; 111 t tht) Oominittoc, knowin;^ thnt ho lirtil no such riKlit, tliiiik- inu; that tho rcnsion ussiRnwl to him wim all thnt lio could juHtl.v uliiira, iiml bcliuvinK that thu agri'c>nu'nt of Fionl Sydonham, to kuop up tho incomo of an office to a curtain sum, lor all t'uturo time, (lurinR the liio of Mr. Ily- lantl, was ono which Ilis ImtiI- ship was not compctont to inako, so OS to hind tho (Jovcrnmont and Legislature of this rrovince, thoy continue in the opinion which those of them in tho Go- vornmont under Sir Charles Bapot had occasion to express to I lis Excellency, and which tho gentlemen who succeeded them in office appear to have enter- tained, that Mr. Ryland's claim, for indemnity for tho loss of the Office of Clerk of the Council, or for tho non-fulfilment of Lord Sydenham's guarantee, is not ono which they can adviso Your Excellency to lay before the Provincial Assembly, with a re- oommendation for a grant of money, a grant of which, if ro- coiumended upon ^Ir. llyland's claim, would, in their apprehen- sion, establish a false and un- constitutional principle, and pos- sibly create a danger of misun- derstanding and disagreement, which no feeling for individual disappointment or misfortune could justify them in incurring. Certified, (Signed, ) J. Josepii, a E. c. (True Copy.J Et. Parent, Asst. Sec. jirtrtful i.tw, Mr. ayii»nda.u»; U CulUtUl tu fiasi-'fl Ulid lo bup- j/lic^tu, for lud di bti.rs arc hii lutii;. 1. Their wonder that Lu »!itiuM not huvo yielded in per- ivct li.-spair, is i-"t ci.tircly do- toid of iiiteresi, but us they rtu- ton ill a circle, it is unnccunsary lo follow Ihoin further. Lord MetCttlfo'S ROIIijO of juatico, M fiuloUioil in his nifuuirucduni. Ju'ranhcfore quoted, necms Iw b" % till! btiil kufiieivut hu-jwwr. 116 m 'i This case may be summed up in a very few words. The writers of the foregoing Report, ki owing that if Mr. Ryland had held office, he would he entitled to compen.-ution, have laboured to shew that he was Jot duly commissioned. But if lie had not been commis- sioned, would he have been requested to surrender — would he have been offered and promised a consideration for surrendering — would fi v e several Governors — would the Assembly — would the Secretary of State — have acknowledged his claim ? Would it have been neces- sary for the Secretary of State, to refur him for pay- ment to the Colonial Assembly? — and, finally, would the latter have insisted on his being paid by the Imperial Treasury ? The Council ground a great part of their arguments on the alleged insufficiency of f^ord Sydenham's autho- rity to enter into the arrangements with Mr. llyland, of which that gentleman now claims the fulfilment. On this head, as well as regards the responsibility of the power which lus Lordship represented, it may be here stated, that when a party gives a general Power of Attorney to another, to act as an Agent beyond the seas, as was the case with Lord Sydenham, when he was deputed by the Imperial Government to effect the Union of the Canadas, unless the Power of Attor- ney is accompanied by specific instructions, (for im- plied ones are not recognized,) the principal is bound by all the acts of his agent, however ruinous they may be to him. In Mr. Ryland's case, the Power of Attor- ney from the Crown was accompanied by a specific instruction, in the shape of a letter from Lord John Russell, the Secretary, desiring that Mr. Ryland should not be disturbed in the possession of his office. Thus principal and agent, by their mutual acts, became liable. In the correspondence on this case it will be seen that Lord Durham was not called upon to report Mr. Ry- land's appointment, inasmuch as it had previously been sanctioned by the Secretary of State, Lord Glenelg, in 1836. Had it however been otherwise, it must be admitted that Lord John Russell, as Secretary of State, was vested with powers equal at least to those of his pre- decessor, Lord Norrnanby, and in giving effect to an I ". i> f» 117 \ct of the Imperial Government, gcaiiting a new Con- stitution to the Canadas, Ik" and liis agent were the sole iudges of the possibility of continuing an officer s ser- vices. In Mr. Ryland's case, accordingly, the pos- sibility was allowed, and his right to lu) continued in office, or to retire on a pension ot ijolb per aunum, distinctly and officially admitted and con- firmed The claims arising out of the contract subseqiumtly entered into by Lord Sydenham, have also been admitted on both sides of the Atlantic yet on both sides it is said we are not the party lablc ; but if the Government, on one side and the other, is still the Government of the Crown, (as it is presumed to be as yci,) it is worse than nonsense to tell Mr. Eyland, that he has a just cla^m between the two, and that neither party, nor both together, are bound to meet it. The Crown, by the act of its Agent, became res- ponsible for the debt, and having recently, through its or^an the present Sccetary of State, Earl Grey, given a Confession of Judgment, as to the nature of the remu- neration to which Mr. llyland is entitled, it is bound by every principle of justice and honour, to see him fully compensated and satisfied.