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Les diagrammes sulvants illustrent la mithode. errata jto e peiure. !on d n i a 32X 1 2 3 4 5 6 PUBLIC ARCHIVES ARCHIVES PUBLIQUES as to the r to b( my 1 was byi have [lub obiK CO a serv assu cou my mcr enl wil 11 • ■■'< i'l St ;ii €ORRESPO]VJi>FiN€E 01 JAMES STUART, ESQUIRE, WITH Tin: mOHT HON. SPRINfl RICE, LORD AYLINIER, AND OTHERS, ON SL'DJECTS rONNECTEU Wrril HIS SUSPENSION AND REMOVAL FROM THE OFFICE OF ATTORNEY CENEUAL OF LOWER CANADA. No. I. Letter from Lord Howick to J. SxuAni, Esquire, dated the 22rf March, 1833. Doxvuiiig-street, '22d March, 1S33. .Sin, — In lefetciKC to the printed letter, addressed by you to Viscount Godcricli, dated tlic IGlh instant, I am directed by liis Lordship 'o accjuaint you, tliat lie does not find in tliat letter, or in the documents subjoined to it, any reason to depart from the tlocision whicli I have •ilready bad the honour to communicate to you, respecting the proceedings which terminated in your removal (roni the office of Attorney Ge- neral of Lower Canada. I am, Sir, Your most obedient servant, (Signed) HOWICK. James Stuart, Es(iuirc No. 11. Letter from J. Stuaht, Esquire, to the Right Hon, Edward G. Staniey, His Majesty's Secrelari/ of Slate for the Colonies. London, Osborne's Hotel, Adelphi, April 1 S. Sir, — In sereral letters addressed to Lord Viscount Godcrieh, His Jlajesty's late Secretary of State for the Colonies, bearing date respectively the Slst December, 2jth February, and 16th March last, it has been made a subject of complaint, on my part, t'lat his Lordship, when called upon to determine on certain charges of the Assembly of Lower Canada, against me, substituted other charges, proceeding from himself, on which he grounded my removal from the office of Attorney General for that province, without attbrding: mc an opportunity to defend myself against, and disprove, these new charges. The injustice to which I have been thus subjected, has been represented by me to be rhe greater, inasmuch as the charges of his Lordship involve groundless imputations on my character, which have been erroneously advanced l)y his Lordship, and which, if an opportunity be afforded, may be easily refuted and disproved. In adverting to the liitter part of the corres- po.idcncc between his Lordship and myself, you will observe, that the subject in diflerence has been narrowed do» n to .i single point, namely, us to the charges of his Lordship being, or not being, the same charges as those of the Assembly. His Lordship, you till perceive, withholds the relief prayed for, on the single ground, that the charges are the same ; thus virtually admitting (as, indeed, he cui !d not deny,) my right to be heard on them, if his charges be new, and different charges from those of the Assembly. On this point, tliu explanations contained in my letter of the 16th March last, are, I apprehend, conclusive, in establishing that the charges of his Lordship arc clargcs, against which I was never called upon to defcnU myself, and so essentially different from any charges preferred by the Assembly, or anv imputations advanced by its committee, as to entitle me, in reason, and on the plainest principles of equity, to be heard on them, in jiistitici lion of my conduct. I have sought, and seek, no favour from His Majesty's Government — I solicit merely justice, as respects ray chniactei which, during a long public life, was unassailed, even by slander, till the recent malicious and vindictive attacks on it, within the col wliich I have become obnoxious, by the faithful and honest discharge of public duty; and except, in so far as his Lordship's groundle-s imnitations arc calculated to affect it, my reputation continues, as it always has been, unsullied. To solicit at the hands of a govcrnnur.t, wl'lcli I have meritoriously served, that I may not be made unjustly to suffer, in that which is more estimable than life itself, by a condcinnati ii without a hearing, is assuredly to ask a small and limited measure of justice, which no government, consistently with ils duty, and with iit manifctt oppression, could, or can, intentionally refuse. In consequence of some misapprehensions in Lord G'oderich's mind, on this siibjeit, I must presume, that my present appeal has become necessary ; unless under the influence of error, his Lordship could not intentionally liavc withheld the relief r.hich has been solicited. Having the fullest confidence in your disposition and ability to award redress, where it is justly called for, within the important depart- ment lately confided to your care, I beg leave, most respectfully, to request your attention to the correspondence ab.ne mentioned, and to entreat, that I may be afforded an opportunity to exonerate my character from the unfounded imputations to which I have been subjected, without a previous hearing, and without any opportunity for self-defence or justification. I have ihe honour to be. Sir, With great respect, ^ Your most obedient humble servant, J. STUART. I'hc Uight Hon. Edward 0. Stat^ljr, &c. Sec. &c. No. III. Letter Iron Mr. I'mtcr Secrelari/ Hav, to J. Stuart, Esquire, dat-d Ma:/ 3, 1833. Donning-street, :V/ May, 1833. Sin,— With rcferiiite to your letter of the 18th ult., and to the documents therein enclosed, I am directed by Mr. Secretary Stanley to (iquuint you, that having perused, with much attention, the documeni, which you have submitted to him, he is of opinion, that the cxplana- loiis ivhich you have offered on the points adverted to are satisfactory, as far as he has thought it necessary to e.\anii"i.' iliem ; and it would, (lerhaps, have been desirable, that the considerations which they suggest should have been before the Earl of Ripon, when first the subject >vus under his Lordship's notice. I am desired, however, to add, that Mr. Stanley does not see sufficient grounds to warrant him, in the present state ol circumstances, in re-opening the investigation into points which have incidentally arisen, or in interfering with the decision adopted, tad lirally carried into execution in your ciisc. I am, Sir, Youi obedient servant, R. W. HAY. J. Stuart, Esquire .. .' ; \o. 1\. I.itlii /i',m Ml. I'liiUi Si.irliiii/ IIav Io .1. Sii aiit. l\(/iiiii. lUlnl Mm/ ;), ls;!:i. Douiiiiif^-slrivl, Sil Mil}!, I Sin, — Willi rdiri'iicf tu my litlri (il tlii< iLiy's d.ili', iU(|iiaiiilm|; ymi willi llic dci Uiim Id wliicli IMr. Scirotary Slnr-loy lii vciiir roprcsenMlioiis ri'spi'diii}; wmr ninoval IrDiii llu- iillici' ol' Attcinry (i 'lural in I,nv\ir Cinaila. I am (liicilril hy ^Il'. Staiilryi niblc lliut you may \tv ilcsinius nlcmplDyiiU'iil, Id inrDriii ynii, thai tlie nllicc dI' C'liit'l' .lu'|Miiiilmi'iit. I have llu- lioniiiir to lie. Sir, Yiiiir "IhiIk 111 liiiMililr sii\anl. 1!.\\. II J. Siiiarl. !;m|iiiii-. H.I:!. ;i(l L'dliic II IS it is \\ni A yiiii U'iii W. Nil. V. ; /.(.'/D /)ii;/i .1. Sli'AM. r.MjKiic. lu M'. L'.iiiil Si.nl.lii, IIay. ii,ilcil Mini 1, I,--:!.;. l.iniihjil. l)Jlunii-'s Until. AUlijilll, .'^lill/ 1. .Sill. — I liaM. Iirui liiuiMiiuil niiii yiiiir Irllii nl llii' :iii lll^l,lnl, in tvliitli, .f liiiii^' ('diiiii.'('Ii\I uitli llic siiliji'ii dC anDtlier Ictti'i ol lli. (.aiiir ilalc, Mr. Si'cril.-iry Slaiiliy lias signitiiil liis ri'adimss to iimrir (in iiu' llii' tillici' iil' Cbii'l' .IiMici' at Niwl.iiimllaml. 'I'lu' (iHVr of tlii- jiulicial nppoiiitmciit. implying, as it ilocs, in Ills Majesty's (iovcTmiu'iit, implicit rmilKlrmr In "my proliily anil mural rliaractcr, to tlio cntin « xflusioii of any iinpulalioii on litlior, I liavr reason to ilcrm, in a liigh ilrjjri'i', salisfaiiDiy ; ami I hcj; leavu Id roiiviy, lIiniiiKli yon, In Mr. .Secretary Stanley, my most grateful neknowledgenients for it. 'I'lie pecuniary cmoliimenl of lliis olliee is not, Inmever, you will permit mc In state, oiic-tliird part of that ol wliicli I have heeii lately deprived, and is greatly helow the ininme In be derived from my prufessional practice As a permniient proiision, therefore, it is not calcul.iled to fiillil the eN|ie( lalimis 1 h.ivc li.id reasini to ciiterlain. My eonnexioiis and property, also, being in Canada, I could iml, wiiluuit superior advaiilages to llio«e held out by Ihe proposed appoiiitinent, renounce a residence in thai rountry, id ivliieh I am bound by strong lies of allachnieni and interest. I'liliss, tlierefore, it should be CDiisisleut »ilh the vieu.s of His .Ma. jesly's (!overnnient, to remove mc to Lower Cinada. as soon as a snilable ollicial prcnisinii may be all'ordcd to me in that province, I could mil. without injury, accept the olliee of Chief .liisliee at Newloundland. Whelhcr Mis .Majesty's (iDvirimieiit, iii veriheless, may or may not lliiiiL '' proper to command my humble services in this manner, 1 shall nut cease to appreciate most highly the honour done inc by the olFer of tl proposed appointment. I h. llii hiiiioiir Id be. Sir. Vmir inosi obedient humble servant. li. \\ . Il.iv. I'.sipiire. .Vr. ic. ,1. STI'AKT. not pusij circl No \l. t.itli-r Ikiii: .1. Sn AtlT. /'>r/iiin: In .V;. .S'l irtiiiif .SiAM.UY. i/.:/nl ■.'()//i .SV/'/( -Mill . IS.'iS. l.oin/oii. O.iiiriic't llulel, Aildji/ii, Sriilctibit 'JO. Sin. — I hail nulicipalcd with siniic cnnlidcnee, fniiii the tenor uf the twii letters iil' .Mr. Under Secrelnry Hay, of the !!d May last, writ- ten to me by your desire, that, for llie aggravatid injury complained of by me, which is nfeired Io in those letters, ade(|uale reparation would be aft'ordcd. .My expectations on this head, hinvever, have been di-ap|):iiiited ; and alter the lapse of luontlis. iljriiig which repeated conimuni. cations have been had Hitli the Cobnial Department on this subject, I lliid myself in no degree advanced, in the allainmeiit of the justice to ivhich I am entitled. 1 deem it ncces.sa'y, therefore, to bring under your notice, in a specilic form, the grounds on which I have claimed, and continue to claim, reparation from His Alajesty's Ccneriiment, not as a matter of favour, but ofeipiitable right, liy the ailoption of this course, which seems to be rendered unavoidable, any fiirlher doubt and uncertainly respecting the inientiDns of His Majesty's (ioverniiient, in relation to this mailer, will, at least, be obviated ; and if my claim to reparation be rejected, I may hope also to be made acipiainled with the rcason« fur its rejection. In the brief exposition I am about t,i make, I shall be anxious to stale only what m.iy be absolutely and indispensably iie- cessiry, for the purpose of this CDminiiiiication, in the most nmderale and inoll'ensive terms, and without any the smallest inlVingemenl of the respect dui to llie high uulliority to which I have ilie bonour of addressing invself. As you are aware, the su'ijeet of my complaint oiiginales in certain grciuiidless charges uf the .Assembly of Lower Canada, on which the Governor of the provineo unadvisedly suspended me fnnii olliee, witliout a hearing of any kind, and after his rejection of my upplieatidii to be heard, liighteeii months were consumed in my endeavours to oblnlii the decision of the late .Secretary of .Stale for the Colonics on these charges, «nd also on certain imputations of a Committee of the Assemhlv, botli of which refutations had been submitted by me. After this most unrea- sonable del.iy, the charges of the Assembly, us well as the imputations of its Committee, were found by the Karl of Hipon to be wiihout founda- tion, and nil express or virtual acipiittal from them is esi.iblislied bv Lord Ilowiek's letter to me of the 2(ith November, IH.i'i, with which you are acijuainied. Instead of receiving loe advanLigo of this acquiital, bv reinstatement in oIKce, you are also aware, that I was, on the con- trary, removed from olliee, on certain new grounds of charge, or ' conclusiDiis,' as thev have been termed, specilied in the same letter from Lord How'ick. \Vitli respect to these new grounds of charge, 1 have reason to consider the two lelters ol .Mr. Hay, above mentioned, as constiiutiiig an ae(|uitlai. It resiills, ihcrefore, from this very brief speeiliealion of facts, that, as to the charges of the .Assembly, and the impntations of its Committee, I stand acc|iiitted, under the aulhorily of Lord liipoii, while, as to llie new charges advanced by his Lordship, as grounds for my removal fro ii olliee, I have the benelit of your aci|u:ttal. When the Cioveriior of llie province suspended me from olfice, I was in the receipt of a professional and ollicial income of between four and five thousand pojiids per annum, which from liiat inoiiient ceased, and of which I have b v.> since wholly deprived. Two yeais and a half have elapsed, during w liicli I have been absent, at the distance of three llioiis.ind miles from my iionie, employed in obtaining, in the lirst instance, an acquittal Irom the cliargcs of the Asseinlily. or. wliieli 1 w, is suspended, and siibseipiently, in obluining an acipiittal from the new ciiarges engrafted oi, these, by Lord liipon. Uesides the trouble, the inco.ce'valile vexation, incDiivenience, and expense incurred in arriving at these results, I am already im|)overished, by the mere cessation of income, to llie amount of ten or twelve thousand poiiiids, and am to resume my lir- 1-. -.sioiial pursuits, under the same dis.idvantages as if they were now to be cominenced for the first time, with all the conseipient diminuiion of income fir the future. 'I'lie injury and losses, thus brielly adverted to, have been occasioned bv the improper suspension from ofiice, to which I was subjeeied hy the (lovinior of the province, and by my subseipieiil removal from olilce. on grounds on which I had hi en condemned, unheard, and which have since been shown to be wiihout foundalloii. I'otli these causes of iiijin v, however iiiiinlentionally, have proceeded, either mediately or im- mediately, friai His Majesty's (iovernment ; -.in,! as to both, llierefire, I li.ive a j ist claim on His .Majesty's (J.ivermnent for reparation. It wculd, I hope I ni.iy be permitted to mention, be siraiigely iiieonsiiteiit with the character of His .Majesly's (iovernment, for justice, if. under the circumstances which have been staled, no reilress, ol the nature of reparation, were attainable. I forbear to enlarge on this lopie, as being one on which it is impossible that lionoiir,ihle iiiinih can dilfer in opiiiion, .md respectfully trust, thai my application for reparation will receive such consideration as it may he entitled to. I have the honour to be. Sir, With great respect, Voiir movt obedii'iil bumble -erv.ilil, .1. .SIT.M! r. file High: 11.111. Ldivard (1. Si.iiiley, .'vr. ,1 e. Ac. N... VII. I.rllii /iivii Ml. I'liiln H .rihiiii IIav, / • .1. Sii-.Mir, Es'jmir, il.ilal Siplcmlin 'iT, IHfi:! Ihin-niit'^-flirrt, Scptcmhri '>~. Sin, —I am iliriiled by Mr. Sccietiny Siaiilry in acknowledge llie receipl "f yum Idler of the 'Jdtli instant, and to acquaint you, thai he does no! lid himself c.illcd iipni Io enlir iiiUi liic nieiii^ of vour lase, as advciled to In vmi. (', .'W Mill/, ISM.). iirv Sini-li-y IkuI lomic n Air. .Sl.inli'v, as ii ia po, nil, \\\M tlidiild vim win 11. W. IIAV. .■Iilii'/i/ii, Miiij 1. ol' iinother lelli'i (it ih, land. Till' (iflVr of llii- character, to ilu' cntin V, tliniiifjli yiiii, III Mr. yiiii Hill lurinit III)' III ly |)nili>ssi(iiial iiraclicr. iiinrxions nnd |)rii|n'i-tv. iicu a ri'sidiiiL-f in ijiiu li llic vii'tts of Mis .Ma. t |iri)vliiie, 1 coulil imi, may or may mil ihlnl, mc by ihc ii'liVr iil' iIk .1. sTiwin. S'lilc.tibir 'JO. llie .'!d May last, ivril- iiate ivparaticm would rt'|ii'atud ciiiiiimini. mciil dCilii' jushcL- to li I liavf claimed, and l"|itii)n iif this course, inernmenf, in relation nied H ith tlie reasons iikI in(lis|ien,salilv nc- ;t inliingemcnt oi' the 'anadu, on nhi-li the my a|i|ilicatiiin to he nits on these charjjes, il'ter this mo.^t uiirea. he H-ithoiit loiinda- l.'i'i, uitli hIu'cIi you It I was, on the con- iinc letter lioni Lord Micd, as constituting le imputations of its >i OS grounds for my imc of hetween four «o yen s and u half ill the lirst iiiitanec, in liie new ciiarf;c» in arriving at these am to resnine my iseipiont diminiiiioii eh I was sulijicled luiheanl. and which r nifdiatcly or im- ivjiaraiiim. rnnient, Inr justice, lari;e on this lojiic, (in- reparation will .STf.MM. Irni/irr '_'". iTjiiaint you, Ihal On hit appuiiitnient to ilir ('uli)ninl OITice, .Mi. Stanley Itari.t that yon wire not employed in the public Bcrvice , and although he did not feel at liberty to employ you in Canada, he conceived, lhal, by olfcring ynii ilie sitiiatiiiii in Newfoundland, whicli was placed ut your dii- posal, ho gave sullicienl proof of his opinion of your legal abilities, and that, in his estimation, your public character had not auli'vred from the circunutiinccs which led to your removal from thu ulKcc of Attorney Uciicrnl of LoMer I'aniida. I am, .'^ir. Your mo.^t obedient servanl. It. W, II.\Y. J. Stuait, lUipiirc. No. Vlll. l.clln Jroii, J. ^uiAlir, /■.'x/iio.'. In Mr. Sicirliin/ .SiAM.hV. il^ilid .Siyi^ivdici 'Jh, l,S3:i. /.Diultiii, Osfmnic'i llnlil, Aitcl/ilil, Siptenlber 28. .Sin, — It is not williiinl repugnance, thai I add a line to the cummunicalion.s already made by me to thu Colonial Departmenl, with lespect to the injiistice and injury of which I have complained ; enough, and inuK' than enougii, ha\iiig been staleil, to convince the most preju- diced mind on this head, and to render palpable the justice of my claim to reparation. I am, neverlhelcss, compelled, by the leiter of Mr, Un- der .Secretary Il.ay of the "Tth instant, to vanipiish this repiignuiice, in order to show, that the rea.sons assigned for n non-compliance with my claim, ought not to operate against it. It is staled, in .Mr. Hay's leiter, apparently as a ground for withholding reparation, " that you do not feci yourself called on to enter into the general merits of my ease, as adverted to by me " The general merits, brielly insisted nu by me, consist of these few simple facts, namely, that all the charges of the Assembly, on winch my suspension from oHiee was gronmlcd, and all the imputations nfits Committee, have been expressly or virtually negatived by the Karl of Kipon, while acting as Secretary of State for the Colonies ; that his I.urdship, nevertheless, by a most exiraordinary exercise of his aiilhorily, substituted a new set of charges of his ohh, on which, without all'ording me the opportunity of a hearing, orilerenee. be conlirineil my suspeiision from olliee, which had been adopted on totally dillerent grounds ; that these new charges of bis Lordship, on wliieli 1 was eondemned unheard, have, in their turn, been found, by His .Majesty's present Secretary of State for the Colo- nies, to be satisi',ietiirily answered by nie ; and tb-it, therclure, I stand exonerated from the several charges on which as well my suspension, us my removal from olliee, have been predicated. In addition to these lads, and as a part of the merits adverted to, I have also represented the extent of the speeilie losses and injury occasioned by the tivo causes now imnlioned. If these facts be true, and I presiiiiK their truth will not be (juestioneil, a case ol plain ami evident injustice and injury, wbieli is, 1 believe, of a character altogether unexampled, has been conclusively made out. Will His .'*!.ijesly's Secretary ot Slate for the Colonies, who is one of the conslilulional dispensers of the justice of the crown, refuse his altenlion to such n i ise !■' Will he not, on the contrary, feel himself called upon, by an imperative sense of duly, to iiilmiiiisler relief, and all'ord reparation, to the party thus injured '^ His .Alajesty's subjects, of every rank and degree, have a well-recognised ri^lil, secured by the highest sanctions, to the justice of the crown ; and I persuade myself, there is no branch of his government, in which such a claim is less likely to be deliberately rejected, than the important department which has the advantage of your care. It is also staled, in Mr. Hay's letter, as if operating against my claim of reparation, that the olfer of a situation in Newfoundland was made to mc ; to w hieh oH'jr you were prompted, by linding nic nnemployed in the public service : and the inferences to be drawn from this offer, as t;> ability and character, arc likewise mentioned The oll'er in question, with all deference, I cannot but consider as the strongest confirmation (if conlirmation were requisite in so plain n case) of my right to the reparation which is solicited, and as evidently importing an admission of that right. On this point, it is fit I should observe, that the letter conveying the offer was written with express reference to another letter of the same date, accompanying it, iii which your opinion with respect to the new charges of the liarl of Kipoii is expressed ; and both letters. I appre- hend, can be considered in no other light, than an answer to the representations and complaint which 1 had previously brought under your con- sideration, liy the one leiter, the adniission of my claim to redress was implied, while, by the other, reparation, in a particular mode, was offered. If the prolfered situation could have been considered as ali'ording a substitute, or, indeed, any indemnity whatever, for the advantages of which I had been unjustly deprived, by suspension and removal from office, I should readily acquiesce in any bar or objection that could be derived from it to my present claim. Hut no person, aci|uuinted with my professional advantages alone ir. Canada, without taking into account the large offi- cial emoluments of which I have been deprived, could have expected me to accept the situation. It would, therefore, I conceive, be most un- reasonable to treat my non-aeeeptance of the situation in question, as constituting any bar or objection to my present application fur reparation. I have the honour to be. Sir, With great respect, Vour most obedient humble servant. .1. STUART. The Kight Hon, Kdward G. Slanliy, I've. uc. ..'^e. No. l.\. I.ctlci Jrom Ml. I'ndcr Sccretari/ Hav, to .1. SruART, Lsi/iiirc, dated Oclnber .'i, IH;I.'j. DoKiiing-sliirl. Ml. October, I8,'i:!. Sib, — I am directcct by Mr. Secretary Stanley, to acknowledge the receipt of your letter of the 28th ult., i dre.-sed to you, by Mr. Stanley's desire, the previous day ; and I am to acquaint you, in reply, that Mr. Stanley i means of alfording you the reparation you desire. I am. Sir, Your most obedient servanl. (Si.;ned) H. W. HAY J. Stuart, lisquire, Osborne's Ilutil, .\delphi. in answer to that which I ad- 3 not aw ire that he has any No. X. J Sole Jrom J. Stuaiit, Esquire, to Mr. Snnliiry Stani.kv, dnlcd the ~tli October, 18;!;1. Mr. Stuart pres'jiits his most respectful compliments to .Mr. Secretary Stanley. He has the honour to acknc vledgc the receipt of Mr. Hay's letter of the 5th instant, in which Mr. Stanley has been pleaseil to intimate to him, with reference to his letter of the '2Hih ult., that ho is not aware, that he has any means of affording the repaiation adverted to. .Mr. Stuart would beg leove respectfully to suggest, that if Mr. Stan- ley would condescend to favour him with a personal interview, he flatters himself he could bring under the notice of Mr. Stanley such means of reparation as would receive his approbation. Mr, S. would be most happy to wait on .Mr. Stanley, for this purpose, at iiny time he may be pleased to appoint. Osborne's Hotel, Adelphi, Tth October. XB No answer having been received to the foregoing note, the following letter was written. No. .\I. /,i7/i/ /ri)m .]. SrUAiir, Esijiiirr, to Mr, Secretary SiANt.KV, ilaled Wlh Octobei, 18;i:>. London, Osborne's Hotel, Adelphi, lUh October, 1833. SiH,— I have been honoured with iMr. Under Secretary Hay's letter of the .'ith instant, in answer to mine of the 28th ult , in which he informs me, that you arc not aware that you have any means of aH'ording me the desired reparation. It having, by this communication, I appre- Iicnd, become merely a question, as to the manner in which reparation is to be ulforded, I persuade myself, that, with the high sense of honour and justice, and the great presiding ability, with which the Colonial Department, under your superintendence, may be presumed to be adminis- tered, much time need not elapse, before adequate means of reparation are found to be ut your disposal. On this head, I beg leave respectfully to rccal to your attention two memoranda, which I had the honour of submitting, through Mr. Under Secretary Hay, for your consideration, the one dated the 13th of .luly last, the other the I ith ultimo ; in which suggestions were made, as to the ineaiis by which the reparation ap- plied for might be oliiainod. Of these means, .some are now subject In your aulhcrity, and at your immediate disposal: others are dependent Ill lOiUiiiKivijion. Till (iirnifT, biinn «itliiii ytiiir iiowi-r, iidmit in (In* Imur, iioiliinif. bcjromi llio cxpro (idii 'if yniir viowd, icmlil, nl' iiinrsi', !»■ cxiicctcil. My Inn;; lonliniiiil ili'lrnlimi in lhi:t lOiintry, linving llii' cflVi't of mUlint; larjjoly tn tlu- great ii.runinry lot^cii I Imvc rii»riiinril, I :i niDiil iiiixiiiii- til lm>liii my riiiirn In Ciirmil.i, uliiili lin« lii'rn ililiiyid niily, li\ ivliat impiiiriil In nic, mill, I pri'siimc, will lir iinivrr^ally inn. iliTrcl, ii nill-liiiinilnl i Npictnlinn, llial rrparatinn Inr llir injury lomplaiiinl ni, anil aiirnitlnl, Miiiiiil not lii' iviililiclil. If will iiiit lliirt'rnrc, iniit, 111' ilrnnril an iinrraHnnalilr rr(iiir.it, on my part, to lii' liilorniiil, wlii'tliir any of tin imaiH iil' roparalion, -nipnosliil in llir two inriii r:inil:» uli'ivi> inontinni-il, or any ollirr iiiraiH wliii'li may lii'mirtiT lir at ynnr ilinponal, arc likely In br applii'il to llif pnrpow now iiilvprlcil i I liavi' tlin lionnnr In lir, Sir, Willi ^r^at rrspri t. \iiiir miml olndirnt liiiiiilili' sorvnnt, I. .STl'Ain'. Tlir l(i'.;lit M'lii. riliv.iril ('• St.inli'v, .Vo. \r. .Vc. S I'm 1)1' I'll No. Ml. I.rltn /n'lii .Vr. Vmlir Sectvlnrij Hay, In .r. .SrtiAiiT, l'.>i,uiri-, ilalnl 'liilh October, ISIW. Dowiiing'Slrcel, 'IjIIi Oclohcr, IS;13. Sim, — I am ilircrloil, by ^Ir. .Sicritaiy .Stanlry, to atlinoHliilj»i' tlio roi'iipt ol' yoiii litter of tlie 1 Hli instant, niiil to anpiaint you, ii) •t'piv, that .^Ir. .Stanley iloes not t'oel liiniMell' at liberty to avail liiinsell nl' any ol'tlie moile- of re-torinrj yon to vniploymcnt. in Limcr Canada wliiih arc poiiileil out in llie meninranilum, 111 wliicli yon ri'ler: nor ninlil ' ■''■ '^ .-i.- - •- . \lii('li yiiii ire iimler.'itiiiHl to albiile, in your note nl'tlie Ttli instant. Ill (III llll-l<(„^ <>■ I \. -iwiiii^ liiil «i' 1^ III lllii 1 II IV I I I < III aJlfll^t X^itllUUU.I iiilli any propriety, engage to bestow on yon tlie reparation tn] J. Stuart, Ksijuirc, OsborncV Hotel, Adelphi. I am. Sir, Your obedient servant, (Sii;nedl II. \V II.\Y. No. XHI. Lrlter frnm ,1, Stuaiit, Ksjiiir lo Mr. Sfcritfiri/ Stanli'.v, lUilvd Ihr IHiIi October, 18,S;). I.iikIdiu O'/jonici liilcl, Adtlimi, 'i'itli October, IflS:!. ;,li;, I liave been lioinnired aitli ^Fr. I'nilcr Seeretai'v Hay's letter ol' the '-'.'Jtli inuant, in uliieli be inrornn inc, tliat you do not fcell voiirstll" at liberlv to avail vour..,eir of any of tlie modes of resliiriiif; me to empluyment, in Lower Canad.i, nliieli are pointod out in the ineiiio-i nmdiini referred to bv me, and tliat you eaiinot, witli any propriety, oii!:ai;e to besto.v on me tbe reparation, In wliieli I aui understood to allude, in my note of tlie Ttb instant. It is to little purpose, no doubt, in an appeal Ij public antborily. above control, to urge a claim to justice, ivlierc ii determination ti I'lude or dclVat it by liivolons pretexts and evasions, lias been adopted. I have bitlierto tliou^bt myself bound, by respect for His Majesty'- (iovernaient, as administered tbroi'nli your bands, to presinne its intentions to be lionnurable and just, and liave, tlierefore, persisted in pressing; >n your attention my nmiuesliiiiiabie riglil to reparation ; being resolved tlial it sliall be aseirtained by tlie result, ivlictlier tlii.i presumption be i rue or I'.ilse wlullier His .Majesty's justice be merely an expression witbout meaning, to be dispensed vvitb and violated at pleasure, or wlielber ; .1 lie an active ellieieiit principle of His .Majesty's (loveriiment. in uliieli bis colonial subjects may eoiilide, and under wliich tlicy may be securely ^ -lu'ltered frnin op|ire-sion. In common witli my colonial countrymen, it lias, perliaps, been an error in me to lunlerstand and rely on Knglisli ustice, in the latter sense. It', according to the vocabulary of the Kuglish Govirnment, as now constituted, it is to be understood in the former. It is most expedient, th.it this tact should be practicaliy ascertained ; and the result of my application, on this occasion, for reparation for unex- ampled injustice, is well calculated to determine in which of these two senses the expression, in practice, is understood, by His Majesty's present (}overnnicnt. ("olonlal olliceis may be hence enabled to estimate, beforebaiul, the tate wlileli awaits them, under circumstances similar to those m Hhieh 1 have been placed, and may regulate their conduct accordingly, t'olonlsts, in general, also, will be ipialilied to judge of the degree ■ if reliance, to be placed on, what is called, His Majesty's justice. Whatever m.iy be your final decision on this subject, it is incumbent on me rc-pectfully to represent thnt I am wholly unaware ol any ju-t or reasonable grounds, on which you could feel yourself " not at lilierty" to afford nic reparation, by means of one iir other of the oHicial appointments suggested in my inemorandum of the l:itli .fuly I'.st. The ap|)oiotnieiits are eitlier at prciciit, or ni.ay be cfpeclcd to be speedily, at your disposal. N'o personal iinlitness in me. for any of them, 1 presume, isiuteiuKd t.> be insiouatid, by the expression now adverted to. If "not. »liv is it, I may be perinltled to ask, that y.m are not at liberty to grant me reparation. tliniii::!i the medium of one or other of these appointments y You cannot, certainly, by this general I'orai of exjircssion, li.ive intended to conceal or insinuate motives, which you arc nnwil- 3 liii;; to express. .Such disiiigcmiousness cannot be SLi|rpoied. I ntil \ou may be pleased to intimate, what is to be understood by your not being • at liberty" to award justice- in any ol the modes proposed, I hope I may be allowid to assiime, that certain considerations, to which lam about to allude, have not inHueiiced you in this determination. To the injustice of whieh I have complained, and of which I have solicited reparation, there have been three parties : the Assunibly of Lower t'anada, the (lovernor of tbe I'rovince, and His Majesty's late Secretary of State for the Colonics. 'I'lie first of these parlies, it matters not for what causes, or under the influence of what feelings, advanced certain ac- iii-ations against me, which have been proved to be groundless, and from which an express or virtual ae<|uittal has been obtained. Tbe second ol them suspended me from ofliee, under circumstances wliieli, it has been ascertained and determined, did not warrant that measure, and even 'Tiulered it culpable. The third of these parties, when invested with the character of a judge, assumed that of an accuser, and removed nie li-.;m oftiee, on a new set of charges of las own, on wliich I was eondenmed unhe.ard, and wlileh have since been shown, and arc admitted, to be '^"roundless. — .\s allecting the reparati.m to whicli I am entitled, these three parties, if aduiltted to a voice on the occasion, ought, in honour, tiom a scp-e of moral obligation, and it is, thererore, to be piisunied. would lend their support to its attainment. To suppose the contrary, would imp:y in them ir.citives of conduct, whlcl: lliey would imiignaolly diselaini, and whicii cannot, therefore, for an instant, on such n qucs- lio.'i, bepr.'sumcd, or acted on. It cannot certainly, therefore, be willi any reference to any of tlie-c three parties, that you do not feel yourself at liberty, 1-1 afford me reparation, by means of one or other of the appointments in ipiestion. It would be .alike discreditable lo tliein, ns to the high o'lice uhieb you fill, to imagine that tlii^ reparation conid be withheld, on account of any adverse feelings, which they might bo ihou'jht to entertain, or any deference, on your part, fiir such suppo.ied feelings. It mu-t, therefore, I presume, be assumed, that no consi- ■hr.itions, such as those now alluded to, can have operated on your mind, as a restraint or iiiipcdiinent, in the w.ay of justice. TheTO is another inoi'.e of reparation, also adverted to in .Mr. Hay's letter, as to wliith yon are pleased to state, that you could .lot, ivjtli " any propriety," engage to bestow on me such a reparation. The mode of reparation, suggested by me in a memorandum, dated the 1 Hh nhiuiii, and thus rejected, was a grant of the wa-ic lands of the crown, by which the great pecuniary losses, to which I have been unjustly siibectcd, might, at lea«t. In part, have been repaired. I am really altogether unable tn conceive, why this mode of reparation should be re- icetcd, as iacoiibisfent with •' propriety " Tin- obligation on the part of His Majesty's (jovcrnment to make reparation, in some form or other, iieii'.g conceded, in what more easy, satisfactory, and less expensive mode, as respects the Government, could it be fulfilled, than by a grant uf ;lie waste lands in Canada? The lands are of little or no value, in the bands of the Crown, ami have been, from time to time, given away gra- niitously, even where the grantees bad no claim whatever on the (iovernment. If a portion of them were granted to me, tbey would be so ,'ranted, subject to the conditions of settlement and cultivation, in fulfilment of which mv capital and industry must be employed, in the iiii- provenicnt of tlieai. ISy this mode of reparation, therefore, a debt of justice, incurred by tlie Crown, would, at Iciist, in part be satisfied, not only without any expenditure on the part of the Crown, but with positive advantiige to the public. 'Ibis mode of reparation, also, would not 'le novel ; it has, on numerous occasions, been applied, as an indemnification and remuneration to Ilis Majesty's servants, having claims on tlie '■ iovernment ; and, in a ca.se analogous to mine, but in which no pecuniary losses, rcipiiring reparation, bad liccn sustained, it was adopted, by oi;,' of your predecessors ill ofliee, certainly without any idea of impropriety annexed to it. To reject, upon further consideration, therefore, .iieli a mode of reparation, would imply a determination not to grant any reparition at all ; and the rejection, if persisted in, can, I presume, iilmi' of this construction only, and of none other. 'Vithout detaining 'onr attention any longeron tbe points mentioned in Mr. Hays letter. I shall only further observe, that my claims on the justice of His Mejcsty's Ciovernment, as well as the means of satisfaction at your dispus,al. have long since been brought under your no- fici-, elcarly and distinc.ly : and it remains with you to determine, wbetbcr these claims, in tin modes suggested, or in any other lit mode, shall be satisfied or not, I am, Sir, Your most obedient humble servant, .1. STUART. "hi' night H.iii. Kdward G. Stanley, \c. S.c. Arc. ritf. liryniid tlii! cxpn I liavc cii-tiiliicd, I ,1 ill lie iiniviT>.iilly ciiii. I' will iiiit lliir'i'fiiii, I'd III llii' iHii iiinii ir|i()sc nmv iiilvcrtt'd i .(. STCAKT. (tclohcr, ia;)3. iiid to n('(|uaint you, ii cut, ill Lower Canada, jdii tliu rcpnrntioii to It. \V HAY. Oilnbcr, lfl3;!. that you do not feel tc'd nut ill tjio incmo understood to allude, ■re a determination to leet for His Majesty's , persisted in pri ssinj; r tliis presumption be t pleasure, or ulietlier I tlicy may be securely 1 and rely on Knglish erstood in the former, r reparation for \\\k\. His Majesty's present ances similar to those !> judge of the degree holly unaware of any ir other of the official lectcd to be speedily, >ion now adverted to. jnc or other of tlieso which you arc unwil- ood by your not being ions, to which I am licli I have solicited sty's late Secretary of advanced certain no- itained. The second lat measure, and even ler, and removed me and ijro admitted, to ion, ought, ill honour, ippose the contrary, taut, on such n ijues- u do not feel yourself table to them, as tu which they might be lined, that no coiisi- jtice. , that you could not, noranduin, dated the I have been unjustly iratiuii should be rc- 1 some form or otliir. i, than by a grunt of inie, given away gra- ?, they would be so inployed, in the im- part be satisfied, not tion, also, would not having claims on llie d, it was adopted, by sideration, therefore, 1 in, can, I presume, ;rvc, that my claims ught under your no- other lit mode, shall I. STUART. Nu. XIV. I'.iller /rum J.v.Mii.i Mu.viir, Et'iuiir, lu Oie liiaht lluii. Si'iiino Itice, St\rfliirj u/ Sliilf fur tlii: ('■limiei, ilnUil 'JU .liili/, IHIU. London, Uibonie'i Hotel, .IJel/Jii, Jul;/ tj. ,Siii,-.lnii'ndiii)( l» It'uvo town, in a few day*, on my rutiirii to ('uiiiula, I am unwilling to tuko my dcpurlure, without llrtt milicitinn your uttenti III to the cnrreiipiinilenee which has taken place, between Hit Majiii4ai!'t il. On iMs lu.iil. I Inilie.ir to enter into partieulan, in iluy are »iilliii"iiily ilMebMeil in lli,' coin ..pumliiiee now lelerred In. I will mily liri; lea\e to ulnene, lliiit llie cue, ill its cii'cuiiislanees, I4 no" nl' iinexaiiipled iiijniliee and li.irdihip, in wliicli the honour uiiil jii^iiee ol IIh .Majiil)'si Uuveriinivnt woiiM equally reipiire that redress should be nH'ired (o the parly injured. I liiive the hinioiir to he. .Sn, With gie.il reaped, Your iiio-t iiheilii'iit hniiilile servant, .1. STrAHl. The llii;lil I ton. Sjinnt; Kue, .te. .^c. ka. No. \\. I.clli'i Ir im llie Itighi lluii. Simunu Iiiii;, I.j .1. .Sic.MiT, J.xjiin, iluUU lU.'/i Julij, l.-Mli. lXiv.niiig->,treil, HUli Ji,'^, IWi. Sill, —I am directed by .^Ir. .'secretary Spring llice, to acl^llowled^'e the receipt of your letter, of llie '.'d inslaiil, suliciiiiig Mr. Kicc'ii utleniion to till) eorrespniideiicu nliich his l.iken place, between His .Majesty's late Secretary of State for tlie Coloin-s and yourself, on the bubjuct of your removal fr.im the oHice uf Attorney Ueneral ol I,o»er Canada. Ill replv, 1 am desired to aeipiaiiit voii, that Mr. S|Ming llice sees no reinon to re-open this case, upon winch tlie jiiilginent of his pre- decessors has been already t,iken ; and lie eannot e incur with you in thinking, (after a carelul e\.iininatiuii uf the pap.-iil tliul the unly puint left nndeliTiiiiiied is the repnr.ilioji for the iiij'iry »liich you state tu have bem iiillicled upon you. Janu'a Stair;, F.s { 11, •! I uiii. Sir, Y'our most obedient scrvui.:, iSi^'ned) K. W. HAY. No. XVI, l.riler /rvyi J. Sru.vlir, Eiquire, tu the Iti^f.l }l u. Si'iii.Mi Uice, dated 1 I.'/i J«/y, ISlil. • Luiiduii, Osliurnc'i llutel, Adtiphi, II//1 ,/«(/;, IbSl. Sib, — I have been honoured nilli Mr. Under Secretary H.iy's letter of the lOtli instant, in _. intlant, you arc pleased to inliiiiate, that you see no reason to re-open the ease referred to, and lliat you cannot concur with me, in thinking «K.t *l«u ...ill, t.nin, lul*, ,,,,(l.,).i..,..i,..>.l ■) ,1... r..,, .....lI.... !'..» ,1>.> ...tup,. >,. 1 ttliieli, ttiili referei.ee to my letter of the '_'d you arc pleaseu to iniiiiiate, mat you see no reason to re-open tlie ease reie'reu to, anil lliat you cannot cone that the uidy point left undetermined, \l the re[>aration fur the injury which 1 h.ive slated to have been inflicted on me. At the St ige wliieh the eorresp.iiidenc:; between the Colonial Department and myself had reached, bi'fire I lia.l the honotir of udilrcsiing you, I li.id iiiianiiie.l that, with your answer in the allii'in.itive or iie^'.ilive. tc my applie.ili.in tor reparation, it would base tenninated. No new ground of oiijeeti.ni or reaisiaaee, to this iiio-t jn.it deiniiid. was, or I think riasonalily eonll h.ive been, aniieip.iiid. In lies I have been greatly disappointed. I'roni the lernis of .Mr. Hiv's letter, it Ueeonus indispensa'.ily neees^aiy, in \liidie.ili in of my eharacier, that I should colicit from you the favour of some explaiiaiioii as to the points, other than that of lep.iration, to wliieh you ri lir, a. being still undeteroiined. Ill the correspoiulenee snli.niiied to your ciiisideialion, yon will have oliserved, that when .Mr. .Secrelaiy Stanley liee.inie eliarf;ed with ilie Co- lonial Dep.irtnuMit, ii was made by me a siihjjct of renewed complaint, in a letter ilaled the ISili .\piil, lS;t:), that Lord (ioderich, when called upon to delenniiie on ceruin charges of the A"enilil,' of Lower C.in.id.' !;einst me, li.nl siili'titiili d oilier charges, proLeeding from himself, on which lu' grounded my reinoval I'roni oflL-e, v.iilioiit all'oiding me an o ■ '.nily to di.'feiid myself a;;.iiie.,t, and dispiMve these new cliaiges, of which a refutation accompanied my coiiiplainl. Lithe same letter, >L. Sinley's attention w.is called to that part ol' the correspoiulenee, by which the subject in dilfereiicc belween Lord (iodericli and myself was iia. owed ilown to inie siiijjle piint, namely, a to the charges of his Lordship being, or not being, the same charges as those of llie Assembly ; im whieh point my ri^;ht to a re-coiisideraiioii Dl'tlie ikcision of Lord Goderieh had been made to depend. Upon this view ol tha case, .Mr. .Secretary Siaiile}, in a spirit of justice, in the lii;.'iest degree h inoiirable to his character, did not hesitate to apply hisatlention to the charges on which oiy removal from oHiee was groiiiuied, ui 1 did mc the honour tu convey to nie his determinatioo, in two letters from .Mr. Under Secretary H.iy, d.ited respeetively the 'Id \Liy, IS>;i:i T' "se letters, [ presiinie, can receive no other con>lrueti'» litlcr ilated llic ITlli, bill ivliicli illil not rciuli nir lill llic liHli iniliiiil. Ai I iii.il liiiii' I »n» l.iboiirini' iinilir scvirr iiulisiiosilloii, llii' toiilinimiiiL' iit' wliitli lins liiiliiTto |irfH'iilril iiic rriiiii iukiiuwlt'(l|^iii(; tlii' rii't'ipl nl Mr. IliivH li'liir, mill I am now iiiily MiHiiiiiilly ^'""^"''''"■^'"' '" ''" »';■ it is sonuliims ililliciill t'> iiiitain ii plain answer In ii very plain ipicitinii ; tlioii^li, in mcli ia«-, tlu' iii.ilivfs (or inynliliculiiin anil nliiicii- rilv, iiri' I'lir lilt' most part siilliiiinlly nhiiinis, anil rarily in ilitalilf. .My litlir nf tlic lllli iinlanl, I liad imppnM'il, siilmiillnl to vmi n (|urs !: >n ol' lliis ili'srriptiiin, anil vmir inisiiir I hail liopeil winilil liave ennliliil inr to l)rin(jllii« rnrri'spnniU'iui.', ivliiih in, I nksiiru yiiii, nut ii-ssirktoni' , In ini' llian ti) viuirscH', to an iinimilialc icinilnsinn. I liiul slalril to ymi, in all tlu' simplicity nnil rnnHili'iiCf of Iriitli, anil I hflii-vo, with iln \ most |nrt'i.'C't aiiuraiv. llial tlie only point irniainini; niuliti rinini'il lii'twiin llii- ("olonial ili'partini'iu and niynfll, »aH llic reparation to lie madi' In mi', fin- tliu ninirv and iniiistifr oV wliicli I i-'inphnnid, and to llii.s point I rilird your atliiilion. In your answi'i-, yuu inlimale, In my »i'i iirisi', lliat in yoni oiiinion ri'paraliun i» not llie only point iiliirli riniaiiis iinditirinnicd; thus niviii); it to lio uiHlorslnod, iliut tlicri' arc oiIiit poini» and kavini; it nnrirlain «liat tlifsc may lii'. In my Icltir of tlie I Itli iiictant, I iiMiiplain ol'tliii iinccrlainly, iiliiili may f(\\v iici'.isimi lor iiili'i- i iRts injnrion* to mv iliaraclcr, ami I ii'ipiist to lir inailf acipiaiiitrd miiIi tlie points to ivhicli ynii ritlT, an beinj; nndi'ttrniincd. Snnly, Sn, mulrrtlii' infliii'ntc ol'tandour, and in a spirit of I'.iir dualin^r, a plain and diitini't answer wasulue lion you, to lliin (pienliim. Hot in liiilli, no .insHcr wliatevorto it lias .lecn |;iven liy Mr. Hay's letter of llie JVtli instant. Yon dinres* into topicH eoimeeleil, iiiiletd, with llio unlijetl, lint ivliieli. taken in lonjnnclioii willi llie rest of the ease, so liir from iiarranlini;, an you would insinuate, any eoneliisioii adverse ta my claim fur lenaralion, do in reality fortify and eiinfirni il, and »hiili. thoiiuli they iniylit serve the purpoiie of diverlint; uttention from this claim, liu ter- tainl\ snpplv lio an.iiivcr tii my ipieslion. 'I'liese topics I sliall heg leave to notice, in the iirilcr in which they are found in .Mr. Ilay'd letter. " Il would aniiuar," von state, "that Lord llipnn eon-idered lli.it the rcp.irt made by the l..iw OIKcera of the Crown, on the charpes liroiifiht n(;ainsi voii.bv the AssVinlilv <'!' Loner I'.inada, Lit hi.ii no oplion in re^'ird to your reniov.il from the oIKee which you had filled in tlint Province." Now, Sir, this proposition i« cntirelv imni.itirial, and irrelevant to the tpiestion of reparation. How cm the claim of the Injured parly, 1 would ask ^ir be allicled by the motives ol Lord Kipmi, apart from the grinindii assiu-ned fir the measure compl.iined of? Of what eonseipienec is it, as to such a claim, vhclher Lord llipon (kfcriid, properly, or improperly, In llie opinion of the Law Olliecrs of the CriLvn, withinit the evercisr ofhijowii jnd'ment ? Whether he rendered himself a mere pissive instrnnicnt in lluir hands, or mil? On this lie.id, the only mibjeel lor con- s.dcration was''tliei;ioiinJsof eharjje assiijne.l bv lord Itipon, as taken liy liiii) iiodonln from the repart oflhe Law Ollitirj. Were thise t;roii nil. nf cliaice new aecuralions, a'-ainst which the parly accused w.n never called on to defend himself, and on wliicli he was condemned unheard, and were ill v niiirenver fal .e and unfiunded? It is on these points, Sir, that Mr. Stanley's judgment was exercised, and lii.s decision conveyed to me ill his two lellir-s of the I'd .May, \h'.K. Tie report of the Law Officers of the Crown could now he material only to Loid llipon him- self. It his Lordshi'i's conduct were niade llie hubject of I'arliamenliry iiivesti.^ation, he would, no doubt, lind it convinient Io refer to tliisrepoii, for the juslilicalion, or p.illiation of his conduct ; oihcrwise. and in the present pintmc of the ufTair, I am not aware of any other purpose to which llie ri'piirt can be bcnelicially applied. Hut il is proper, Sir, that 1 should further slate, lliat the proposition now nilverled to, as ailvancei' in .Mr, Hay's letter, is not onlv immaterial, but is also, I appiehend, incorrect. Lord Ripon, as Secretary of Stale fur the Cnlonies, wa.s the respon- sible ailiiser of llie Crown, on charj^es proecedini; from Coloni.il .Assemblies ; he ini;jlit, or nii^jlit not, avail liimsell'of the advice of the Crown olliecrs ■ ho nii"lil decide in conlormily with, or cinilrary to their advice, or he nii^'hl, if he disapproved or ilouhteil the correctness of il, refer the iiialler. under liis .Majeslv's anthority, to a Conn.iiltee nf His Majesty's I'rivy Council. Il is not, therefore, I conceive, correct to slate, as is done ill this proposition, ilial Lord Hipon, on the report of the Law Odici'rs, was lel't no option, in ri(;ard Io my lemoval from ofKee. His Lord- ship, it appears to me, had his juilgment to exercise, and oimlit to have exercised it. This, I a|iprelirnil, wtis his Lordship's duty, if the Low Oliiiers of the Crown hail limited themselves, as they oii^lit to have done, to the charges of the .Assembly, on whicli uleiie lliey must have been reiinin.d to repnrt their opinions. I5ut these funclionaries having, as I conceive, most unwarrantably assumed the character of accusers, wnen acliin; mcrelv as asscs.^ors to the Secretary of Slate — hiviiij; framed ch.irges, instead of olU rini; their advice on those already preferred — havin(» advised Loril Hipon, it » onid appeir, Io cinidemn me on these new charges, thus secretly coneoeted, w iihout a hcariii); ; it became, not merely iii''iiiiiheiil. but alisoliitelv imperative on his LoriMiip, in fullilmeiit ol the lirsl and most sacred principles of justice, not to act on these iiewr char'cs w iihont tirsl niaKiii" the parlv aociisid acipiainled wilh them, and rcccivini; his explanations or answers to Ihenr This, I apprehend, was the i-"uinse iiliich bis Lordihin, not as being a inatler of option, but ns being of the most indispensable obligation, ought to have pursued: if adopt- ed, it \,ould have saved a nieritnrioiis puliUc servant of the Crown, of unblemished chaiacler, from revolting injustice and the most unmcrilftl iiijiirv; while the credit and honor ofhis Majesty's Oovenmieiu would have been preserved unsullied. Tlie >eeoiid of the topics above adverlcd to, is expressed in these words — " .And although it is quite true, that, by directions from Mr. St.nilcv the oll'er was ni.ide to yon, of the highest .ludicial appointment in one of his Majesty's Colonies, yet Mr. Spring Kice cannot discover, after a careful examinalion of liie eorrespondi nee on the suliject, that this oll'er was inlended as a reparation for injuries, whicli you considered 1.1 have lie.n done to yon, and still less that any coiuleninalion of Lord Itipon's decision, was implied by that offer." Upon a perusal of this iiar.iitiaph in .Mr. Hav'slett'r, 1 tani-.ot but he appreliensivc, that notwilhstanili'ii.' the careful e.xaniinulion, which you have twice stated that my oirn'-p Mideiue wilh "the Colonial department, has had the advantage to receive at your hands, a one-sided vision from some cause or other, has, .■leverlhi ie^s, liein applied to il ; mi ihat with the best possible iiilti.tions, no doiibi, on your part a disjointed, partial, and consequently incorrect view of it h IS been taken. -\s eviiuiiig this, you look only at one of the two letters, dated the yd May, ISDIt, in which the oll'er of the Cliief .l;i-liioslii|iol Nenfoiindhind i^ enntained, and because you do not lind it expressly slated, that the offer was madeaau reparation for injuries, you •iiciless to lie 111 llie link, as Io the true uiolive lor the oll'er. Now, Sir, if you will condescend to take the trouble to read llie letter of the •anie dale, to which that now adverted to expressly refer.", and which, from the nature of the subject matter, must have been first written, you will pereeivL', that this letter imports a clear acipiiltal from the new charges of Lord Kipon, evidently expressed in tenderness towards his lord- ship, and coULlied in terms to In as little disagreeable to him as possible. If, as staled in this letter, my explanations in answer to Lord Kipun's I liaiges, in llie opinion of his M.ijcstv's Secretary of Slate, were satisfactory, I he charges themselves must, in his opinion, have been groundless, inas- much as a valid charge, and a va.id defence to il, cannot coexist. If, then, in .Mr. Secretary Stanley's opinion, the charges of Lord Itipon were L-rijiimliess, he must have been of opinion that niv removal from oHice, on these charj^es, was unjust and improper. A necessary consequence ou'lit to have been my re-iiistalcimiit in the ollice from which 1 was removed ; but this <:onscqucnce Mr. Stanley obviates, by slating, in the comlusion of his letter, that he could not interfere in this particular with Lord Hipon's decision, which had been finally carried into execution. Here then Sir, are two letters written on the same subject, and on the same day, and transmitted by the same hands and at the same time ; in llie one, a grievous wrong and injury is admitted to have been done, by an unjust removal from office — and in the other, with express reference Io that wroii", a lii"her ollice, in anolher colony, is proposed to the injured party. It would be trifling. Sir, with your understanding, and I should ihiiik very di^credirahle to iny own, if I were to enter into any formal reasoning to prove, that from the acts and comniunicatioiis of .Mr. Secre- tary Stanley it is to be inferred that reparation was inleniled by him in ofTering to me the Chief Justiceship of Newfoundland. But upon this point irresistible evidence also might have been founn by you, in that part of the correspondence which occurred subsequently to the :)d .May, 1 Mi:;, by which you will perceive that a protracted negotialion was carried on, during several months, not to determine whether 1 was entitled to rep.iration, bat wilh a view to the adjustment of it. In the letters bearing date in September and October, 1833, you will find, that the mode of I do not discover that • mentioned, i* to be tak- rep.iration, bat wilh a view to the adjustment ot it. In tne letters oearuig uaie in iaeptemuer ana uctober, 1S33, you will tin nia'king reparation was alone in question, and ihll while ihc right to it was admitted, the want of means, at his disposal, was I signid by .\lr. Si-crelary Stanley lor withholding il. In ihcconrludingparl of the paragraph above quoted it is said, that you d any i iMvliiiinai''Mi i.f I. .ril ijip'on'- rirei-,ioii wa- i-.rplii d by ihu offer whiiii ha- bTn adverted In. The offer, ns already ineni 'sfrtrt, .At/y IT. , iitui til aci]uniril you t'liMiiiil lii'l|i iiliiprvin)! Il tviiiilil ii|>|iinr Ills ' .\»«i'nilily lit' I.iiwi il IK i|uiti' Iriic, llm liiji'^ty'tt ('(iliMiivH, \i' I'l, lli.it lliit iiili'r wti I t.l. v ii, iliirilnri' In lie found ill thi» •iiiipli' (in iiiiKiiiiKi', tlial llic fninn r on In 4 nwii ili ir|{i'<, cniiilemiiid nilliniil ii liraring, anil the lain r, ufli i i In iirinK, ai ipiilltil, Tliii, 8ir, iIiiiiikIiii lirief, ymi »ill liml « tcry cnrrret expnailiuM nf llie puit ol llic ckc Io wliidi you aiUirl. Hitting lli ., .Sir, khiii' nttr lliu lupio wliidi 10U liiive iIhhikIiI iI iiieei>ary In iniroduci' nun .Mr. Ilny'a lelirr nf ilie ITlh inatiiiit — I niual In'K leave In nihi in llie iili|r( t nf tint ai well at nf my li Iter nf the I llii iimtunl, which i> to oliluiii u ipciilliulinn of llie pniiilt In wliidi yon refer, a* lleiiiK utill nndili rmiiieU, anUui '.'un«liliiliiig an nlijci linn In my ilu • of n parulion. I Jiull It'll 'iiiiili grulilii il liy an early i nniiniinaalinn Irdiii ynn on lliii nubjrct. I hive till honor In be, .Sir. Y< iir limit obpdieni humble tcrvanl. I 8TUART. ' II 111! \{\f\\\ Hon. Spiin^' Hue. Ac. .'kv. ,ki . No. .MX. • l.illii /mm Ml. I'/n/ii Smii'iii/ \i\\, /i/.l. ,Sii illi. A'.yi/iri, iliiliii ./«/// Ill, lN:lt. I)iiniiiiiic>lritl, :iht Jiili/, llJj;) .Sill, — 111 nii'iHcr In Mini le|i( I nl llic '.'Hill iikIiiiiI. I am (Inn ltd, ii) Mi. SeCKlaiy .Spriii){ Uice, tn aei|iiaiiil you, that in the coniniunitj- lion uddremed In you on the ITlh iiKlii'il, he »a^ iinlv deriniiM In pri veiil vn> Irnm leniaiiiin); iiiidir what appiariil In him .in crroiuiiui iinpren- ..ion, us In liiL' (\aii pn^ilinii m viliidi ymn case liaif been left by lii> puJcieouri but llial he never intended, iiur iluo hi. iiu» fei! culled upon 'liinsill'lii ie-ii|H": till caM'. 'I'll ,1. .'>liiart Lvipiiii I am. Sir, Voiii miiil nliedielit tdViiiil, II W. ll\>. Ml. \.\ l.tllri /mill .1. .'VILAUI. I'.uiiiin; In llic Iti^lil llmi. .^I'HISi. Uui. I.imlim, (hliuiii's I Intel, AHtlplii, .lir^uit I, 1831'. .Sill, — In ai kiinivl, iljiiii^ the liceipl nf .Mr. I'niKr .Secretary Hays letter nf the :lUt nil., ( re^'icl to lie driven tn tlie necessity of ex- pi'cssiii)2 myself in pl.iiner iiiiil liarsliii letiiii than I cniild tviJi tn employ, bill tvliidi are rei|.iireil by the occasiim. .M'ler the friiilless, llinii^li cniidiisive, cvplaiialiiiii'. uliidi lia/e In in ^iveii. il docs appiai' In be alike impraclicablc, in this case to extract jiisliei' from the (,'olniiial l)eparliiieiit. nr an iiiiilii^'iiit reason fur Jic niililmMin^ of it. Willi ii dcleriiiin.iiinn in re.>i not such language. Sir, rrpugiiant to leasiin, und ofl'ensive to ciinimon >ensc ? The otii-r gnnind on which, in llie first inslunce, you declined reparation, namely, an Intimiationllmt there were other poiilts undetermined, you nnw uhandoii — although press il in my Klicrs of the llili and 'JSlh nil. tn specify such pniiits, if there were any, you are silent on this subject in yniir last lotti'i'. \Vas il cnnsisiciit. Sir, with reason or juslice, or the feelings by which gentlemen, and ninrc particularly those in elevated oHieial situations, uiig.it to be gnvirned, to make such an iiisinuution without cause? Is it not niunstrous nggrnvation of the injustice iiiHicted oil llic, that ymi shniilil h.ive iii.iih' .ndi an insiniialinn ? Upon this view of Mr. II ly's la-l Iclei, I am, I think, justified in staling, til it on the only ground on which yon have persisted in wilh- holding reparation, ynn are liroiiniit to ili it ddeclable pass, the rr.liulio ml iih^urJinn which prccliiiles fuither arguinenl. I ilo not, hoivever. Sir, promise myself any advanl i;,'- I'imiii tlii^ circiimsl.iiiee. Yniir deteiniination to wilhhold reparation has been adopted, I take it, on considerations liuvi g relation tu u weak anil inc.imptlent (invi rnnr and his ill-enndueted Hilmiiiislralioii, ivhicli it vvonlil be iliseredltabic to his Mujcsty'i. governnient even to insinuate. The grnuiiils aitu.illy assigned have been mere pretexts : — Driven fniiti these, and convinced against your will, you continue, no doubt, acconling to an nlil ad.ige, tn be nf the same opinion still. .Mlhough it vvniild be idle to press on yon, further, a claim of justice wliidi you nre resolved In defeat — the claim of justice is not extinguished, and may, as well as your conduct in rel lion to it, be made n subject of invcsligilioo in anolher department nf the government. I would wish you nut to infer, therefore, friiiii my n :nrn to Canada, to which 1 am compelleil by the inconveniences resulting from u prolonged absence of three years, that I renounce this ulterior ecourse. However unsuccessful n claiiii of juslice, adilres.ed to the executive authority of the stale, has proved, it would be disgraceful lo ine country itself to (ale, when brought under the consideration of that branch of the Legislature emanating immediately from the II i- tn air.Hil redress fir llie enecssesund abuses of power, and which, in its present reformed rnndition, is known suppose 11 could have the s.ime people, whose peculiar prnvliirr tn possess all its energie.-. I'o ihe llijJilil llnii. .Spring Ilir.', ,\i'. I've. .S.i-. I have the honour to be. Sir, With niiicli respect. Your most obedient liuiiilile m rvaiit, (Signed! XXI. .(. STUAHT. I.fl.'i-r J'rniii hit llxri-Hetiij/ I.oiii; .Aylmrh /o Jame-s Sii/Anr, Ilsquirc. Castle iifSt. Lnms, Huehec, December 14, 1 83a. .Sm,— The public prints of this province have given ii widely extemlcd circulation to a letter dated, "London, Osborne's Hotel, Adelphi, .lanuary, 1833," stated to have been addressed by you to Viscount Gndericb, late Secretary of State for the Colonial Department, in whicli the following expressions occur, having reference to your suspension from ollice, as Attornev Genera! of this province. i . i, "under a singular misapprehension of his duly, real or feigned, anil upon grounds, of which he {the Governor) cither did, or ought to have known the insullieiency," • c i, Tho forbearance with which I have treated the unimadversionj of individuals, when discussing my administration of the government of this province, aflmds al-jndant proof ol my powers of endurance ; but those powers of endurance have their limits— and although 1 can overlook many objectionable expre.siiins, provided they are strictly applicable to my public character and conduct, I cannot suffer to pass, unnoticed, any that ore calculated to ull'eet injuriously my private character, ns n member of society. The expressions above ipioted are unquestionably of the latter description. . . I know not, nor does it belong to my present purpose to enquire, by what rule or standard my proceedings on the occasions in question should, according lo vour judgement, hove been rcgulatcJ ; and had you confined yourself to a positive assertion that I had. in tuct, misappre- hended my duty, on "iliat occasion, or that tho grounds upon which I acted were, in fact, insufficient— I should not have considered mysell colled upon to conipl.iin of any such positive assertion, because, even admitting it, for the sake of argument, to have been perfectly true, my relations with society would not have been thereby injuriously affected. The correctness of ray judgement might, perhaps, have been called in question, but not the iiilfgiitv of mvdiHraeter. But what I do complain of, or rather that against which I do now most decidedly protest, is this, that jji iidvcrting I- .. .Vl, pti'formei'i in the discharge of mv public dntv, as Governor ofthii provincp, ynn should have gone out of yout way, to asiail ■iiy liriviiU iliiiidiUi , liir, il i( »¥tt Iruu llwl I wtii' i.i|i4tlili' ul lii^iniii^ iiiuj|<|iii'lii'ii.! in) iluli , ut nl iir|mu Umiialivii rrnni tm ivly allii|(i'lli«r, I t minm ihin-'liira, piriLit mui'ir lu iliiulil llial, u|iiiii » culm ri'tiiw ul' lliv vii|ir«aaiiina i|iitilril nlxivtf Irnni viiiir Ivllir In Vimiuiil (liitlvrlrli, )iiu will • x|>licilly (iiaiiviiw lilt' I'Ulruiiiilinnry iiii|iululliiiia, uHVi lintl my tlmrucli'r ua aiiiviiibir iiriiiiitl}, wliiili lliuav vi|irt'aai>nii< iiijiirinioly iiHi cliil by it iirv not lilirly In iimiIiiLl' Ha iliiirui'Irr, I Iiuvir rtilt rMini'il a ilniilil nl llh' iiinlivi'a by Hliicli ynii H>ri' iii'tiialiil, in >n>|ii'iiiliiiK nil' liniii nlliii' ; anil il I niinlliil, in my iniiiiiiiiiiicaliniii lu l.nid (iiiiltrii'li, pi'i'vinna In llial iinw nil iillnntil, In ixpriaa my ii|iiiiinn nl llu in, il Hn>, tinni ilu' rniiaiili'ralinii llial llif ri'ilnaa I annKlit wtia iluc l*i II, wlialntr mi^lil lit' yniir n al mnlitia Inr it, iia{iii iin|( wliiili. linn Hirt', rrnin 11 miKi' III |iin|>rit'ly, 1 ulii^.Tviil mlitici'. I'lil wlirii I aililrra^iil In l.nril (iniltritli llii' klltr uli im' iiiinlinnitl, lliv 1 iri'innalain r« ill itliitli I liail lii'i'ii |iliiti'il ucri' InliiHv iilltrttl. Instriiil nl llit' |('niiiiila wliitli \nil I'Xiiri'atly iiaalKinil, hIii'ii llial iiitaanrv wua iiiln|iU'il, Viniiiiiit (iuiliiicli uliii liiiil iriiaiiit'il Mill ill ItriiH nf ai'M'rity Int llir iinnlliili lu y nf ilioi ^riniinla, anil alii rniirila niiul pri |in«lrrniialy rniilirmiil llii' auiiit.' iniHaiiri', ii|>nur miiUnit, by rt /ml liiiin mnlivi'i, ilirivtil llirinit(li Mr. Vi^tr, 11 |K'ranii ra|ial>lt> nl' making; any a>ai'rlinii, linnrviT ilivnul nl' irnlli, Il Ha^ in ri'iii'Mli.); ihia alli'm|it nl l.nni (iiiilii- rirli, lliim til bnlaliT ii|i a iniaanrc iiliiili III' bail pri'vimi'ily iliail|i|irnM'il anil 11 naiiii'd, by alii |{inu mnliita Inr il lli.il bail liivir iiiliriil iiilii llic iniinU nl'llii' Vaai'inbly, nr vnnr>ill', tliat I naliir.illy adu'tli'il In tin' tliliiai V I bail nli^rrviil, aa mnlraaliil Willi lliia iniiiliict nl' bia l.iiiilalii|i. I bail aliataini'il trnni lanva^aiii); ynur ninlivi'a, anil bail rn'ilinnl inyniH In ynur aa>iKnii| rt'iianna : bill, wliiii il ua< >nn|;lit tn jiialiry }nii by llif iiivi'ntinii uml ulli'^alinn nriii'iv laliiiiinioua cliarfiia n^ainal mt', Imw cniilil I riliaiii linin iiiliiiialiii|{ Ibi' n{nninii I Iniil aUaya (ntirtainiil, llmt yniir rrul innlivca Hiri' ililliri'iit rrnin llinaf iilie^ril :' Tliia ii|iiiiinM, naliii); nil pri'aimipliir I'Viilt iiii', aalial'iii liiry In my miiiil, I iinw illalinrlly livniv. I (In btllc'VC llial Miiir rial tiinlivc Inr »U''pi'nilin^ nii' iiaa a lU-airv In ii'i'iiii' Inr yniiraill' tlic I'avniir anil anp|inrl nl' 11 I'viv lt'allill^ ili'mu- ;,'n^ili.'a in llic llniiai' nl Aaannlily, islinin ynii kiii» In bi' iiinit anxinna Inr 1 ly di" linclinn : anil, in rnllilim nl nl lliia innlivi', vnii Hitt' nillinu to aarrilii'u ini'. In );ra:ily tliiir iiiali|inily, by au>pi'iiilinK mi', mi ({rnuiiila Hliicb yuu knew lu bi' iiiaulliiiiiil. Tina iniitiiiui'a In liv my iltlibirale upiniuii, anil I linlil niyaill' ri'apnnailili' Inr it, in any anil I'viry Inrni. ilaviii)' lima (li^piHi'il III' till' aiiliji it III' yniir li'ili'r, ymir l.nnMiip niil pprmit in* lit solicit y<»>r atti'Mli.ni, tn a matter innnt'cti'il with till' prni'i'i'ibii^a nl' tlii' Asaiiiibly, at 10 uliiili 1 an«i' Inr I'Xplanalinn, I'rinii yniir l.iriUliip, lini bcin air>rili'il In iiii', 1 ailviTl lo llu- pt'liliun of Mr. I.anpann, pri'i'i'iitiil tn ynnr l,nril-lii|i, in llic '.Mat Di'i .nilii r, Is ;(), m ubiili, untniiinli il inipul.ilinna anil in>iiiuatinna, injnriniii to my elm ructir, all' cnniainiil In a lillir Irniil inr tn l.ii'iilinaiii CnlniKl (ili'):^', nf tile IIOlli Dei'emb, r, IH 10, bavii'){ n lalinn tn tliia pililinii, I t xprcii (li'-ire In be maile ai'(|iiaiiilt'il uiili any iliar);o nr inipiiMlInn, albilin.; my eli.iraiier, that ini^^ilil liave bei 11 cnnviyeil, in tliia Innn, niiil anljcit on inviHligiilinii nl'it. In ynnr l.niilaliip'a anaiier, tian-inilliil |Iiiimi|;Ii laintriiani C'nlnnel OleiX'.;, il ilril tile aanie ilay. ynui Lnrilabip niiurva nie, llial nu in>iiiiiatinii all'telint; my (li.iraelir li il leiilnil ynil. It ia. iieurilieU »a, a inaller nl I'.ui. llmt tin pelilinn iin» relerr. il tn ilid con- tain ItiUe inipiilutioiH and inniniialiniia pri'jniliei.d tn my i li.iraiitr 1 and 11 i^ alan Irne, ill it \ mir l.nrdaliip aiiliaeipienlly cimmiinieati il lliia pell, linn In the llnU''e nl' Aasemlily, by wliieli il uaa iiiaile a ^ininiil nlT.ilae aeeii>,ilinn a^aiii^t me, and even Iraiiaiiiiiied a c.ipy nl'it to Ilia Majut' ty'a .Seirelary nl' Stale Inr the C'nlnnlea, uillimit ever having: made me aeipiainlcd willi iia mntenta. I'poii ihete laela, I am jiatilied in reipivat- ill); rrniii your I.oriUliip, an explanaiinn nl the clreuin>laiieea ulnib iiiilueed ymi tn ii^atrl, wliilc ynii \vt re in pnsaea.ii n nl'lhii pelilinn, that nu in^iniialinn, aH'ectiii); my ebaraeter, bad reuelied ynu, and al«n led ynii In ivilblmld, I'lniii me, the knn»led){e nl' the cnntvnla of tliit petition, nlilin(i|{li you coimmmieated it (u the House nl' Aaaemlily, lo be maile a );rntind uf accutjti mi by that i).idy, and lubtequenlly Iraiitiiiilled ii 10 the i^ecrclary of Stale, us a part uf ibe evidence, in auppurt ul' their aceuiation. 1 am, mv l.oid, Ynur obtdiini kirvant, (Siuntd) J. STUAItT. Tn Hit Excellency l/ird .Avlmer. No XXlll. I.clUr /rum Ills ExcrHrncy I.diu) Ayl.mkh tu .I.\jif.3 Stuakt, En/iitre, da L-J '291/1 \uv(inber, 183t. Quebec, '."J//i S'uvember, 1831. filB, — I liavc received ynur letter of the 21st iiiatunl, in answer to mine, uddreascd t.i ynu, on the Hib nf DRcember, 1833. What measures it may be meesaary and proper, that I should adopt, in protecting my cliaraeter, nsjuileJ by you, in iti very Tuundation, roust remain for my cnnsideration htrealter. In the meantinic, I think it necessary lo sifjnily tn ynu, that I decline entering into any explanation (as desired by you in ynur letter nf the 'ilst instant) in relalinii to ibe petition of Mr. l.ampson, or in relation lo any other matter, cumieclcd with my udniinislralion of the Govern- iiiinl of this I'rovince. I am. Sir, 'Ynur most obedient servant, . , . (Signed) AYI.MKII. in .1. iiii'S .Smart, Kaipiire \ No. .XXIV. l.illir f'l-mii Ja.mes Stuakt, E^auire, In His Excellency Lord Avl.m«h, ilated iiOth A'niifmit';, 1834. Quebec, 3OII1 November, 183t. Mv Lord,-! have to acknowledge the receipt of your Lordship's letter of jliq 29lh Instant. On that part of it which relates to the supposed cause ot offence almrded by mc, I will only remark, that it is to be presumed that ynur Lordship's protracted reHeclinns will ollimattly conduct you to that recourse which usage lias sanctioned in such cases. On the subject respecting which some explanation has been requested by me, 1 cannot but express surprise that your Lordship should decline compliance with a request, in itself so rcatnnuble and proner, InvolvinR also, us It lines, your Lordship s personal veracity and honour. The facts stated in my letter of the 21st November, verified bv public docu- ments, establish, that an untrue asaerlinn was made by your Lordship, injurious to me in its consequences, nnd followed by acts of your Lord- ship, inconsistent with lair dealing towards me, as n public ollicer. On this head I requested explanation ;-ynu refuse it. Under these cir- cumstances, there can, 1 uppreheiid, be but one inference, drawn from your Lordship's refusal, which it is unnecessary for me to specify. When your Lordship shall have descended from that eminence you now occupy, and become subject to the responsibilities acknowledBed in civilized bociety, I shall deem it necessary lo call your attention again to this matter, and should hope with belter success. I am, my Lord, Y'our obedient servant, T„ Hi. t.-v.. II I 1 I 1 (Signed) .1. STITART. In Ills hxrcllency I.nrd Aylir.cl. IIKIUlt Hllll mill III IliiKi'llivr. I mnniii (iiiJvruli, )iiti will y . und, ■ccgrUingljf, AU.MKR bn VI, iHtt. nil llu' IK I'Ulhill III • >i tnv iiiitHir. Yiiur a III il liiLiilalvU ill I. Wliirv It liirluoui a iliiiriii'lir. I licvrr lllllllllllltlllllt lu I.lltll iiiiiKlit wiia ilue III me ill. iIkm liiri', rroiii II mil < III nliirli I liiiij Vi^i'iiiiiit (iiiili'iich, I tlir kjiiiL' iiii'iitiiri-, /I nl lilillj lliiilivi'l, -mpt III l.iiril (ioilu* ii'Vir I'litiriil iiitii till' lIllC'l III' lll« l.lllll>lll|l. til Jiialify }(iii liy llii' uyt mttrtuiiKil, llml liiiil, I iiiiH ilittiiK'tly a I'l'M li'ii(liii){ ili'inU' ivi', Villi »rit' nilliiiK • III III' my lU'libirjli! lailer ciiina'clcil with crt to llu- piMiliun of injiiriiiiiii III my clia- lii» |irtiliiin, I t xpri'ii llil< Inrm, iiiiil milicil iMiir l.drililiiii n»iiri>« it ri'lirri il In iliU con- nimiinji'iilnl lliin pcli' ly III' it III llii Miijet. II J iililiid in riqiiett- lllit |K'tlllllll, tlllll tl'l ilc'iilii III' tliit |ii'tiiiiin, il'.ii'iilly IruiKiiiilli'd il jnl, J. STl!AI!T. 'uvembtr, 183t. er, 18S3. in it! very fuundatiun, 1 you ill yiiur Idler iif ilrmiun ul'llic Govvrii- It, AYI.MKII. k imiember, 1834. It which relate! to the lleclionswill ullimatcly ion liiis heen reqiii'Sleil ! iind properi involving eriKcd bv public docu- liy acts (if yinir Lord- 9 it. Under these cir- me to specify. When nowledged in civilized ,1. STITART. N.I, \X\ i>fif Hi n Lillrr Irrm i^%^%n Stvaut, Aifmre, le tin ^nfthneg LoRP AVLMIR, i^i^ 4fY Loup,— him r ni) rclurii Irnni EnKluml, my ntlcntion liiia hirii no nniili rnnagnl, in rriiuirinK tlio irtjiiriu* •iittuini'il, in my profn- tioiml ami pritatc rimri'mn, hv ii Ihiik uliainiv, iImI llir tinuinnlaiici- In wlmli I iiin hIioiiI In iilliiili linil laiapril my ultavrviitiim. Il U nnly williin u few iliiya pilal, lliut. liutiiiK in i iiaiiin In niiinull, liir iiiimc iiil'iiriiiiitinii, llir l^iilii'i' Alniuiiili k, printi d In Ntiliiin i^l Cnwaii, I liiiil llmt my iiiinii' la nniilliil in llir l«l nl llir iiirnilitrH nl llu I'Miiilivi' Cnumil liii lliia prmiiiii'. Il ».li linl at my aiiliiilalinii. Iiiit in (iinipluinrr Willi the priatinu drain' iil' iinr nl yniir l.iiriMiip'a priili-ii'a.iira in iilllri', thai I iiniipinl ii aiiit uh hoiiiiriiry iiirmhir in llio luciiilin' Ciiiinnl , nnil, aiiiri' till' adminlalralliin nl'llii' I'mtimial liiiMrnmiiil Miia a'liniu'il hy \iiiir l.imMiip, a riniwiil nl'niy iniiininjnriii lia> lit'cii imidi', iindt'i a mntiilnmut nl' Ilia prraiiit .M.ijcaly, nl' hIiiiIi ynnr l.nnUliip la in poaM taiuii. A a the onils.hin nf my nanic, nil In nil an i' pl.iiiatiiin oriho luilau iil'it, mitflit iirciainn inlrrniri'a injuriniia III my (liiii,u'ii'r, il i'< iirciaaury I ahinild Imulilr yniir l.urilaliip, nn lliia hiilijnl. In ri'ipii'«lin(t In lie inl'iirnu'il, wlnilirr my nanir liaa Imii oinilltil In llir Hal rili rriil In, by diri'i'linn, iir iimU'r the uulhority of your I,rrd»liip— and il ao, to be til- tiiiind Milli llir rcununa lor till' umit.aion. I hail 'III' linnniir In lir, My l.iiril, Villi hniiMiip'. ninai nliiilicnl liiimlili arrvnnl, i ' Kxi'illrmy l.nnl Atlnnr, >n- ii N. \XVI I'.iyiy )/ I /.till I II 'III All iiirnniit Cili'iiil ( HAIL, Sfriiliiri/ti llii LiiiUnun Liuin Avi.mi ii, li, .Iami;- Sri.Aiir, I'mjiuh, iliilnl U/i Maij, 1833, Cnttli: of St. Lewis, Quebec, -W/i Mai/, 183.'5. Shi. — I liavi' Iioin dirrclnl liy tin (invminr in Cliiil'ln inl'iirni ymi, in ansHir tn ynnr Irltcrnf thia date, iidilrraai'd to Ilia nxiilltiuy, lliat III' liaa nrilliir dirci'lril iiiir aiillinrlMil llii' (iiiiia,iiiii nl ynnr iiflnn, in ihr li.l nl' llir miinliiri nl'llii' FAiiiilivi' Cmincil lor tliii pruviiicc, in the ()iicli('i' AhnanuCi pilhli^hril liv Nrilmii >^ Cowan. Ilia KmiIUiii'v, inonovir, i. nnaii|iiaint('d uitli ihr lauac nrilial iiniiMioii. I have till' honour to bi', .Sir, Ynnr mo^t iilii'dicnl hiimlih' oi'rvant. (Sii-md) U.CllMO. Civil Sechetaiiv. rin linn .l.iiiK • Sin.irl. I'.. No. XXI X r'liyi// ol II Leiln Jiiiiii .Iamk:, Siuaiit, iCujitire, lo Jlis ExcclUnr;/ Loiin .Avi.mick, italid ITlli .fitur, IS3.i. (liicLcc, June 17, lfi3S. Mv l.oitn, — Having been subjected, by Viscount Goderich, to the singular injm , , ^e^,ulling from a condemnation on frivolous and un- nunded chargcs,'criginating with his Lordship, not previously communicated tn me, in a cnuntiy distant three thousand miles I'rom that in which the alleged facts were supposed to have occurred, 1 have had no opportunity till my reluiii to this [irovince, to have recourse to olhcial sources, on the subject of his Lordsliip"a charges. There is one of these charges, as to which I am juslilied in referring to your Lordship for some ex- planation, which I have hitherto omitted to solicit, as there has been no immediate occasion for it; but whicli it is expedient I should obtain, while your Lordship continues to be invested with the government of this province. The charge of Lord (loderich, now referred to, relates to the issuing of new commissions on occasion of the demise of His late iVTajcsty Ocorgc the Fourth j and, on this his Lordship states, " That it being my duty to advise the (lovernment, I permitted and encouraged the issue " of new commissions to Notaries as necessary, inducing the Government, as well as the public, to believe that such was the case." Without adverting to the error, under which Viscount Goderich appears to have laboured, in supposing the issue of new commissions to Notaries not to have been necessary, and that the act of issuing them, therefore, was culpable, it has been sulHeient for my purpose to contro- vert the facts stated in his Lordship's charge, which arc totally without foundation. These facts, if they had occurred, must be within j^our Lordship's knowledge. I am warranted, tlicrcforc, in respectfully rciiucsting to be informed by your Lordship, whether there bo any fact within your X.,ordship's knowledge, evincing that I encouraged tlic issue of new commissions to Notaries as necessary, or that I induced the Government, as well as the public, to believe that such was the case. I have llip honour to be, my Lord, Y'oiir Lnrdship's "hedi''nt humble servant, ,1. STtJATtT. To His Exci'lli-ncy Lniil Ayhuer, 'Vc. &r. 10 No. XNX. Cnpy iif a I.iiler nnm /.indrnaiil Colour/ CiiAin, Strrrtnrii In lli\ Kxitllcnci/ Ldhd Avi.mkii, In .!. Stuart, fUi/uire, ilalerl 'iOlh June, ISSS. Catllf nf Hi. Louis, (liichrc, 'Mill .lime, WSCi, Sill, — I liiivi' liccn ilircctcil liy llic (iovernor in Chid Id atknonlndfjc llio rrioipl, (in llio IKili instant, of your Iclttr dated llic ITlli in- •lanl, addnsscd to liini, in Hliicli yon rii|ucsl to he infiirnii'd «ln-tlii'r llim' \w any I'.n t nitliin his Lordship's knowledfji', Lvinuin); that you en- . Sin, — It has been my intention, since my return to this country, from I'nglnnd, to obtain from the OHiccrs of Mis ^lajesly's Provincial (iovernnient. >vlio were priiici]ially concerned in the issues of new eoniinissions on the oceasimi of the ileiniM' of His late .Majesty (ieorgc IV., some explanalinn, on the subject of a eliarpe made against mc, on ibis head, by Viscuiint (i(r(leri(h, \iliile he was Secretary of State for the Co- lor'es. I have hitherto dela)ed solicitin;; this explanation, as there i.as no immediate occasion for it ; hut I am induced no longer to postpone this step, as it is expedient that the desired txplanation should be obtained while the present (iovernor in Chief continues in olliee. In the charge of Lord Goderich, which is now referred to, his J, ordsbip .stales, " That it being my duty to advise the (iovernnient, I " permitted and eneonrageil the issue of new commissions t.) Notaries, as necessary, inducing the tiovernment, as well as the public, to believe " that such was the case." Without adverting to the error, under which Viscount Ooderich appears to have laboured, in supposinj the issue of new commissions to Notaries, not to have been necessary, and that the act of issuing them, tlierefore, was eiilpable, it has been snilieient lor my purpose to contro- vert the facts stated in his Lordship's charge, which are totally without foundation. These facts, if they had occnrrcd, must have been within your knowledge, iiiasmneb as no cominunieation was had by mc, w illi any other ollieer of the Provincial Government, except yourself, in relation lo the issuing of new commissions, on the occasiiin in ijnestion. As an act of justice due to me in the peculiar position in Hliich I have been placed, I fei I myself narianled. tlierefore, in addressing myself lo your honour anil candour, to be informed whether, in any communication had with you, or in any oilier numner. wiihiii your knowleilge, anything was said or done by me, tending to encourage the issuing of new commis- sions to Notaries, as being necessary, or tending to induce a belief in His .Majesty's Government, or in ihe public, that such necessity existed. Ill your examination before a Commillie of Ihe Assembly of Lower Canada, in I SHI, with respect to I he issuing of the new commissions ol .\ttornies and Notaries, you were asked, with reference to the printing of these commissions, •• who induced you to print a set of these com- missions!-'" — and, ill answer to this ijucstion, yon statid, "The Attorney (ieneral informed ine that it was absolutely necessary to be enabled lo furnish new cominissions to all persons applying, with the lea-t possible delay." Itoiii the manner in wliicli the I'ael of the printing of the commissions is here mentioned, it might be inlerred, that there was an ollieious interference, on my part, in suggesting the expediency of printing blank commissions. Vou will, I ,ani persuaded, recollect, that the priming of the eoinniissions originated in an anxious and praiseworthy desire, on your part, to be able to supply such cominissions as iniglil be cilled for, within the veiy short lime allotted for this purpose — that you con- .■■iilted me as to the legality and lilness of using printeil cominissions on the occasion — and that it was in ansiverto your enquiries on this bead, 'bal I expressed myself as I staled in your cxaininalion. I have llie honour lo be. Sir, Your inoit obedient hninble servant, (Signed) . .1. .STUART. No XXXII. Cujii/ 11,1 .1 l.iilii ni"ii DoMi.Mi K IVm V. r.Mjiiiic. iv .Iamks SruAiir, Eiqnin; ilnlnl -Vlh Jur.r, IS;!.?. (lucbec. Will June, 1S3S. .sin, — I yeskid.iy received )our letter of the ITlh instant, wherein you state, that you are desirous of having some explanation from tne (ill the subjci't of a charge made against you by Viscount (ioderieh, while he was St cretary of State for the Colonies, relating to the issuing of new toniniissions to Notaries, on the demise of His late ?i'ajesty lieorgc the I'ourth, and in furtherance of that object, yon wish to be informed 5 by me. ■' whether, in any eoniinimieation b.ad with me, or in any other manner, williin my knowledge, any thing was said or done by you, tend- | ing to 1 neouiage the issuing of new cominissions to Notaries, as being necessary, or tending to induce a belief in His Majesty's Government, or in the public, that such necessity existed. Having perused my examination before a Committee of the House of Assembly in lS;il, I find that it conveys all the facts of which I have a y knowledge, in relation to the issuing of new eoniinissions, on the demise of His late Majesty; and I have only to add, that I am unac- f ipiaint, li with any thing having been said or done by you, tending to encourage the issuing of new commissions to Notaries, as being necessary, j or lo ii.duec ,a belit ' in His Majesty's (Iovernnient, or in the public, iha' such necessity existed. With .reliri I re lo the (|uestion and answer, which you ipiote from my examination in regard to printing blank commissions, I can only { assure you 'oat I liail no intention of sulijeeting y.iu lo an inference that you had lillieiuusly interfered in Ihe matter. So long a time li.is c elapsed, that* I cannot distinelly call to mind, whelber the proposals to prim cmnmissions originated with you, or with me, nor did it at any ( lime ercur to me llut it could have been of the slightest coiiseijuenee, the necessity for the aid of printing having arisen in the opinioo yon clearly expressed to me, thai it wa- my diitv lo he prepared lo issue the new eoniinissions to all persons applying, and it was manifest that I could not otl (Twise be so prepared. 1 iiavc the honour to be. Sir. Vom most idndienl Innnbli servant. ; I.Signedl 1). DALY. ; I'll! llr.B. ,1,11111 s ;>tnan I.s(|iiiit , j ' .iO(/i June, 1H3S. rime, \sar,. (latcil llie 17lli iii- iciiif; tliat you I'li- j bclit've lliat such to create such an uiise of the Crown lECRETAIlV. Vtinnda. h:>ic, 183.';. [ajcsty's Provincial aJLSty (icor^c IV,, r Hiato for the Co- lonf^cr to postpone (illite. the (invernment, I ■ piibhc, to beheve c» coniniissions to purpose to contrn- ;t have bi:ii within yourself, in rehition which I have been •oniinunication bad nu of new comniis- 1 necessity existed, e new commissions a set of these coni- isary to be enal)lcd the printing of the ie(hcncy of printing iraiseworthy desire, jse — tliat ynu con- uirics on Ibis head, STUART. June, 183S. splanation from me ing to the issuing of wish til be informed done by you, tcnd- ty's Government, or the facts of which I dd, that 1 am unac- ■ as being necessary, | missions, 1 can only | io hiiic a time has I , nor did it at any | in the opinion you manifest thall could I 1). UAI.Y