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-1 
 
 REPOUT 
 
 
 «.») 
 
 br THE 
 
 DEBATE IN THE CITY COUNCIL 
 
 '• OK 
 
 
 I MONDAY, JANUARY 24th, 1853, 
 
 « k 
 
 Ii\ liEF£aE>fCK TO THE 
 
 •^eoO^OOOCITY DEBENTUKES. 
 
 RE-PRINTED VROU iHE « BRITISH CANADIAN. 
 
 » 
 
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 'H 
 
 TOIRONTO: 
 
 n« 
 
 1353. 
 
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 9 
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THE £50,000 DEBENTURES. 
 
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 {From the JBritUh Canadian.) 
 
 WE»iiE8DAV,..26th Jan., 1853. 
 
 The evil- genius of the Hon. Ftas. Hincks 
 seems to be omnipresent. On Monday even- 
 ing the first meeting of jhe-nevv municipal 
 council took place, the Mayor in the chair. 
 After some routine business was disposed of, 
 Alderman Bell moved for a committee to 
 investigate all matters relating to the issue 
 of the Je50,000 debentures granted to the 
 contractors oi the Northern Railroad. This» it 
 will he remembered was one of the charges 
 to which the Mayor alluded on Monday last, 
 as being industriously circulated against him 
 without any shadow of foundation and in 
 respect of which he dared his accusers. In 
 moving for the commilteo Alderman Bell 
 forbore going into the facts of the case, but 
 in the progress of the debate they became 
 developed and appear to be as follows. For 
 the full particulars we must refer to the very 
 ample report of the proceedings which we 
 give in another place. 
 
 It appears then that the contractors of the 
 Northern Railroad were entitled to receive 
 
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 X50,000 city debentaies, which they had 
 managed with partied in New York to nogo- 
 ciate at par, that they came here with their 
 Bohcitor for the purpose of receiving them, 
 on their arrival they were informed that 
 there was a legal douht as to the power of 
 issuing them, and they would be worth no- 
 thing. At this moment they had heavy en- 
 gagements to meet and, unprepared for such 
 a contingency, when it was proposed to them 
 that the debentures such as they were would 
 • be issued to the amount of the £50,000 pro- 
 vided they would consent to a discount of 
 £20 per cent., they were obliged to submit. 
 The debentures accordinii^Jy issued to tho 
 amount of £50,000 — were lodged in thoBauk. 
 and the contractors were authorized to draw 
 as against them to the amount of £40,000. 
 They did so. In a few weeks £100,000 city 
 debentures under the consolidated loan fund 
 act issued at par, and £50,000 of them wero 
 at once applied to redeem the so called ques- 
 tionable debentures which had been cashed 
 by some body at a discount of £10,000. 
 
 These are the facts as we gather them from 
 the statements of the Mayor, his friends and 
 his accusers, and we further find that it is 
 alleged that the Hon. Francis Ilincks, Mr. 
 James Cotton, some party whose name has 
 not transpired and llxe Mayor were pariies to 
 
 1 
 
 I 
 
 i.i 
 
 I 
 
 
 
they had 
 k to nogo- 
 whh their 
 ing them, 
 ined that 
 power of 
 worth 110- 
 haavy en- 
 U fur such 
 3d to them 
 ere would 
 0,000 pro- 
 liscount of 
 lo submit. 
 cd to tho 
 the Bank. 
 id to draw 
 
 jC40,000. 
 10,000 city 
 
 loan fund 
 hem \ve\o 
 tiled qties- 
 en cashed 
 ,000, 
 
 them from 
 liends and 
 
 that it IS 
 neks, Mr. 
 name hujn 
 i paiUes to 
 
 i 
 
 i 
 
 i 
 
 if. 
 
 i 
 
 j 
 
 5 
 
 this discount transaction by which £10,000 
 has been netted eithei at the expense of the 
 contractors or of the city, the cash available 
 for it being part of a large sum lying unpro- 
 ductive m the Bank belongmg to the public 
 but under the control ot Mr. Hincks. 
 
 Alderman Gowan, Alderman Thompson, 
 and Mr. Remain threw the mantle of protec- 
 tion over our Chief Man^istrate, who seemed 
 by no mens loth to avail himself cf it. They 
 were seconded by other of his Worship's sup- 
 porters who tried to stifle all enquiry into the 
 transaction. Those members of the council 
 wlio have the mercantile honor and'character 
 of the city at heart were not to be thus; foiled, 
 and at length his Worship pressed with 
 eearching interrogatories from all sides and 
 on all points, fairly turned at bay, and as 
 chairman, and from the chair told the mem- 
 bers of the council that " he would make it a 
 personal matt er with any man who pressed it 
 further." This intimation of « pistols for two 
 and coifbe foi one" was not the sort of amuse- 
 ment peaceful and highminded citizens ad- 
 mired, nor did they consider it likely to solve 
 the mystery, and the debate was of course at 
 ouce terminated. 
 
 After a careful review of the several ex- 
 planations offered by his Worship, including 
 his reply to the questions very considerately 
 put by Mr. Romain, we aro led to the con- 
 
 M 
 
/ 
 
 I ' 
 
 ^ 
 
 m 
 
 6 
 
 elusion, that the Mayor limits his denial and 
 non-interference in the transaction to any 
 personal negociation V9\\\i tho Bank or the 
 Contractors-thai on the question whether he 
 IB a participator in the benefit derived or to 
 be derived from the X 10,000 «5/mre,» he ij» 
 studiously silent, at tho same time that he 
 deems it politic to prepare his followers, and 
 the mind of the public for what might be 
 brought to light, by claiming a perfect right 
 to « shave" the debentures if he thought fit- 
 that it was not the business of the public to 
 what use he put his money— and that here- 
 after he would hold that individual personally 
 responsible, who should presume to challenge 
 him on the subject. That the public will 
 indorse his Worship's opinions, we very much 
 doubt and we hesitate not to say, that they 
 will draw a wide distinction between a pri- 
 vate citizen trading in city securities, and the 
 Mayor who may be regarded in the light of 
 a Trustee of those securities— in intimate 
 communication with the Government— fore- 
 warned of their intentions with reference to 
 the Consolidated Loan Fund Act, and tho 
 influence that Act would have on those very 
 iccurities with which he claimed a right to 
 deal for his personal benefit. But the matter 
 can not rest here. 
 
icnial and 
 )n to uny 
 nk or the 
 irhether he 
 ivcd or to 
 I'e," he i» 
 le that he 
 )wers, and 
 might be 
 rfect right 
 ouglil fit— 
 e public to 
 that here- 
 personally 
 ) challenge 
 >ublic will 
 very much 
 , that they 
 een a pri- 
 ies, and the 
 he light of 
 n intimate 
 aent— fore- 
 eference to 
 it, and the 
 those very 
 a right to 
 ; the nriatter 
 
 TKOCEEDIXG? OP THE CITY COUNCIL 
 
 The drat meeting of the New Covmcl! took 
 place on Monday r'vening when theiu was a 
 full attendance ot tlie members. 
 
 His Worship ihe Mayor having taken the 
 chair, the Couuc'lthcu proceeded to tiie no- 
 tninatiou of lli« several htaiiding committee*. 
 
 A numborof petitioiiti were then piesented 
 s^nd some commtmicaiions read from various 
 parties, after which 
 
 Alderman Belt, rose to move for a special 
 committee to inve 'ilirnte all matters relating 
 to the issue of X5(),0'J0 city debentures ; when 
 sold, at vvluit ralt», to whom they be!onged 
 when first issued, and who had benefited to 
 the amount of the jC10,()00 discount thereon. 
 lie said in makifig^tiis motion he hoped 
 the Council would indulge him in alluding 
 as he must to rumours which were current 
 as to the coadu»*t of his Worship the Mayor 
 therein, but which rumours he trusted the 
 report of that committee would prove to be 
 unfounded. He < Alderman Bell) was in 
 possession of some facts which he could lay 
 before that committee when appointed. It 
 was unnecessary for him to recapitulate the 
 rumours as to the debentures or his opinion 
 that it was illegai for gent emen of this Board 
 as such, to purchase them improperly. If hit 
 Worship purchased Ihem in his individual 
 capacity, if he had used ius own property iu 
 making that purchase he had a right to do ecu 
 
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 f 'f' 
 
 8 
 
 Th'M wa'^ not \v!iat was charged. Tt ;.- i 
 clmrge far niort; -crious. It wa3 said ili.a 
 these debentures were impi-operly issued— 
 that they were used in certam spnrnhitionn 
 it wan improper for any men i bur ' 
 
 to t'C 
 
 lol 
 
 (' 
 
 jrjased in. Whether hia 
 
 whicti 
 
 this Couiici - ^- , . t 
 
 Worsiiipor iioi wuo ^a engaged ui them re- 
 mained w be proved. He (Mr, Bell) waii 
 noi satisfied upon this point, he was notsatw- 
 fied as to the terms on which these deben- 
 tures were 'leivociated, but he hoped that the 
 report of thus committee, if granted, would 
 dispose of the matter fuUy, set ut rest those 
 rumonrs abroad to which ho had alluded, and 
 aet his mind at rest al«o. 
 
 Councihnan BtGo seconded the resolution. 
 
 Alderman Gowan said, this was a singular 
 motion. He had heard so much about these 
 debentures, that he would before proceeding,' 
 ask a question or two for information sake. — 
 To whom did the Debentures issue. (A voice. 
 To the contractors.) At par? (The Mayor,, 
 yes). Well, if so, what further had we to say 
 to them. If the city issues £50,000 debentures 
 to the contractors of the Northern Railroad, 
 when issued they pass out of our hands, and 
 are we 3;omz to ask the contractors to whom 
 they parled them or what they received. What 
 is the amount issued ? £50,000. To whom ? 
 The contractors. Well we part with thern and 
 the city has nothing more to do with it. If 
 then there be any intention of enquiring into 
 the subsequent acts of the Chief Magistrate 
 of ibe City, in connexion with them, he would 
 protest against it. This was not the time nor 
 Itie p^ace for such an enquiry if allowed at 
 ali. The time was when the Chief Magistrate 
 was being elected, but not after. He would 
 
 1 
 
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 mr^. 
 
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 Tt 
 
 i aaid thai 
 y issued— 
 
 "inrnhitionn 
 
 lie 
 
 111 bet" (I 
 
 m them r<- 
 Bcll) waft 
 1-, iii>tsati8- 
 ese duben- 
 >ed that the 
 ited) wonM 
 t rest those 
 Iludedi and 
 
 ji'esolution^ 
 » a singular 
 about Iheso 
 
 proceedin*^ 
 \on sake. — 
 J, (A voice* 
 PUe Mayor^ 
 d we to say 
 f debenture J 
 n\ Railroad, 
 
 hands, and 
 }vs to whom 
 [jived. What 
 
 To whom ? 
 th them and 
 
 with it. If 
 [quiring into 
 f Magistrate 
 m, he would 
 the time nor 
 f allowed at 
 i Magistrate 
 . He would 
 
 fislc any member, would he submit to it ? If 
 the Alderman who made the motion had 
 rtbstjiir.off from puttina on this committee of 
 liv(>, ihe ciiinlidutes who we rt opposed to hiii 
 VV<jr.-^hi|), 1 1 n» was Mr. Caley for instance^*— 
 
 AiJeniiuii JJlll — There are three of his 
 nui'poiters on it| Messrs. Armstrongs Uu) us, 
 and Dunn. 
 
 Alderman Gowan wonKi protest a<]fain8t 
 going into such an investigation into the cha* 
 racterof any man. Would any man submit 
 to an enquiry by this comniiUee. IJe trusted 
 it wouM not be assented to. If there were 
 any thing wiong, it was competent to the 
 AKferman to show it up and state it. The 
 speaker then took up a printed hand-billy 
 which had been in circulation before the 
 election cf Alayor, and put therefiom liie fol- 
 lowing queries : — 
 
 *• Is it not true that City Pebentures to the 
 amount of iJ'^O.UDO were deposited in tht* Bank of 
 Upper Canada, against which the Cnniractoisof 
 the Northern Ruail were authorised to draw 80 
 per cent only. 
 
 '* Is it not true that in consoquenre of the De- 
 bentureh being unauihorised by statute, so soon a» 
 the Act for the issuf» under the Consolidated Funcf 
 was in operation ihey were re[)lared by £50,000 
 and theCiiy debited with that amount. 
 
 " Is It not true that ilio Contractors never re^ 
 ceived more than X4 ),()0() for the said £50,000 
 Debentures, 'Jiini *hat neither the bank of Upper 
 Canada nor the city, received any part of the dif- 
 ference, XI O.(»00. 
 
 **Is it not true thai the lei^al issue oi Deben^ 
 tures were ptjrcha.^ed at par generally, and in 
 instances at a prenninm. 
 
 **Is it not true that you can explain into whose 
 
 and were you riot a partner in the transaction^*' 
 
 
 'i 
 
tvdl 
 
 «. 
 
 Si 
 I 
 
 it 
 
 10 
 
 Suppose now all this was true, what was 
 there in it? Did the city lose one six-pence? 
 If the contractors connp'ain, we onght then 
 enquire into the matter, if not Jt was ridicu- 
 lous to do so. He would no\ vote lor the com- 
 mittee. ^ - . 
 
 Councilman Platt was sorry lor this mo- 
 tion, and alluded to the hand-bill which he 
 said had been circulated by the clerk of on© 
 of the rival candidates. (Name). Mr. Alder- 
 man Hutchinson's clerk. 
 
 Alderman Hutchinson protested against 
 being made responsible for the acts ol his 
 clerk. Ho knew nothing ol them. 
 
 Councilman Platt— Well, still he thought 
 it would not be fair to put him on the com- 
 mittee, but if it be referred to one at all, let 
 the charges he reduced to writing. 
 
 Alderman Hayios was in favour oi this en- 
 qr'ry, but would decline acting on the com- 
 mittee as now constituted. He was quite cer- 
 tain at the same time that his Worship would 
 join whh him in seeking that enquiry. ^ 
 
 Councilman Romain said, that when tliey 
 were called on to elect the Chief Magistrate 
 was the time to have made these objections. 
 Alderman Bell told him that he would raise 
 «uch a clamour in relation to these debentu- 
 res as would make his hair stand on end, but 
 he would shew that theie were more than 
 41derman Bell guilty ol slander. 
 Alderman Bell— Do you charge me ? 
 Councilman Romain— Yes. 
 Alderman Bell— You state what is not the 
 fact. I said that " if what I had heard were 
 true it would raise a clamour that would 
 make your hair stand on end." 
 Councilman Romain was notwithstanding 
 
II 
 
 , what was 
 SIX -pence? 
 
 ought then 
 was ridicu- 
 or the coni- 
 
 hr this mo- 
 ll which he 
 •lerk of on© 
 Mr. Alder- 
 
 ted against 
 ) acts of his 
 
 1 he thought 
 on the com- 
 le at all, let 
 
 \x oi this en- 
 on the com- 
 mas quite cer- 
 3rship would 
 iqniry. 
 It when they 
 3f Magistrate 
 ;e objf^ctions. 
 I would raise 
 ese debentu- 
 d on end, but 
 re more than 
 
 • 
 
 Tire me ? 
 
 ^hat is not the 
 ,d heard were 
 r that would 
 
 twithstanding 
 
 not disposed to go into it now. The time 
 doing 80 was when they met on the Friday 
 night previous to the election of Mayor. He 
 was told that the railroad had been given 
 debentures to the ammit of £50,000 on 
 which they were obligeu to make a reduc- 
 tion of £10,000. No one questioned the 
 right of any one to buy up those debentures, 
 but it was said that the £10,000 was retain- 
 ed to pay ensagoments of the contractors \\\ 
 England. Onlhe Saturday before the elec- 
 tion he (Mr. Romaiu) had gone to the Bank 
 of Upper Canada to enquire about the mat- 
 ter, and was there told by Mr. Uidout, the 
 Cashiei that he condemned the conduct of 
 Alderman Bell— that it was disreputable— 
 whilst the conduct o( the Mayor was worthy 
 of commendation iu as much as he had nc- 
 gociated £100,000 at par for the city when 
 no other man could do so. When he asked 
 Mr. Ridout and Mr» Prouilfoot what had be- 
 come of the £50,000 debentures and who 
 had bought them,— was it the Mayor T— was 
 it his money? — did the deficiency go into his 
 pocket or any portion of it ? he was answer- 
 ed, no. He contended that the Mayor had 
 the same right to go and purchase them if 
 they were in the market as any one else had, 
 and as was done by others in refeience to the 
 £13,000 debentures lately issued for city im- 
 provements. He might be told it was none 
 of our business what the Mayor did in the 
 matter. What— Was it not our business to 
 know if the Mayor were speculating at our 
 expense ? Well, he had exercised that 
 right. He made that enquiry at the Bank- 
 he got the answer in writing — the Mayor ob- 
 toiporl it frnm lum !intl r«ad it on thi^ dav of 
 
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uh 
 
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 the election, ll had the nn'ne of the cashier 
 attached, aud it was tl-.u! to inem. Oa the 
 whole of the facts thus tufure thorn Jje ^oukl 
 put to Iht! iVI.iyor two qaestious. Ihe tirsl 
 Sir, is-di i y(»ii or did yon it .t issue these de- 
 betitures lU a disct)unt ? T:»e second is— did 
 yoa or did you not make monijy hyth« con- 
 tractors, or have they h).-,l this £^^^^00 T 
 
 The Mavor said the books uf the Hnance 
 Committee would aiisvver these questions. 
 
 Some cotdlisioii tojk place and calls ot 
 
 order. ^, 'r », 
 
 The Mwoa sa'id in answer to the Iir'^t 
 question, that all thedebo-ntuies were issued 
 at par. He was not to be told that he was 
 not to use his own money as lie bked whi e 
 he was Mayor, He haJ a p.M ft'Ct light to do 
 so as long as he did not defraud the city. At 
 liie time he first entered the Council and act- 
 ed as Chahmanof th? Finance Committee,^ 
 he foun I that the assets t )r the payment ot 
 their debts were low and their credit low ; 
 he asked the clerk of the Council fora state- 
 ment of those assets an I debts, and advised 
 with the Com.mittee of Finance as to the 
 best means of raisinir their credit. He saw 
 that ill 1853 there must be i:34,000 had to 
 pay their mortgage ilel)t, and two years ago, 
 with the approbation of the Finance Com- 
 mittee he submitted to the Bank of Upper 
 Canada the possibility of their raising money 
 in England. They wrote to England and re- 
 ceived intimation in reply that their deben- 
 tures would not go at par. He was asked 
 would he sell them at a discount—he an- 
 swered no— he asked if credit could be got-- 
 !ie wrote to London to obtain that credit— he 
 <Tot it at par, and the city finauoes and credit 
 
i 
 
 I 
 
 he casliief 
 . Ort the 
 I he would 
 The first 
 ) these de- 
 ll id is — did 
 r the con- 
 ,000 f 
 le finance 
 lestions. 
 1 calls of 
 
 3 the fir'^t 
 
 ;ere issued 
 i:it he was 
 iked while 
 
 right to da 
 le city. At 
 cil and act- 
 [!omvnittee, 
 payment of 
 3 red it low ; 
 
 for a state- 
 md advised 
 3 as to the 
 t. He saw 
 1,000 had to 
 J years ago, 
 aace Com- 
 ik of Upper 
 ising mouey 
 land and re« 
 heir deben- 
 
 was asked 
 unt — he an- 
 nld be got— 
 it credit — he 
 J 3 and credit 
 
 I 
 
 13 
 
 were raised under hi^ administration. A.s to 
 the Jt:50,000 for the Noititeni Railroad, the 
 debentuies wtJie grahli'd at the urgent request 
 oi Mr. Boil llun-~-l hey were considered tonavo 
 been granted contrary to luw and as worth- 
 less—they were issued without any provision 
 for redeinplioii when due. Some tliought they 
 had authority for issuing theai yet this was 
 found to be au error btit Mr. Uouitoa sec'ini; 
 we were pr^'ssed by \Ue contractors urged 
 their issue if. order U« keep fatth with them 
 we undertaking al Ine lirtic that they should 
 be legalized, i'liis was domd by the subse- 
 quent issue of d»'l>.nitntes to Die amount of 
 i) 100,000 with which tfiey and others were 
 redeeined and the etty tiebt consolidated. As 
 to what the Noitiiern Uaihoaa sold their de- 
 bentures for, we had nothing to do vvith it* It 
 was not our aifair but Itieirs. We had no right 
 to ask them wluit they wonJd .-eil them tor. Ha 
 (The Mayor) protects against this council or 
 any men, oi any iine, saying what he should 
 do witli his money /Vcre tie tiie purchaser ; lie 
 had nothing to do with iiegociating thera but 
 he would ncjw assume the whole responsibi- 
 lity and if ii were i;iO,000 or /;50,00() were 
 made by it, he liad as good a right to do it 
 after tliey left the CiKimlicrlain as any one. 
 But he liul not d*» it except liuou^hanagentto 
 guard ag;^i!i^t the rlamouis of those who 
 would like to keep iheni ow. As to the credit 
 of the city the great ditHcuity with them i« 
 that the cily debentuies which were sellinsr 
 at from 30 to '2l> per cent. dt>counl are now at 
 par. The evidence about these debentures 
 is in the Clniraleilalns oflice. Having now 
 answered these qneslions, he would teli them 
 ^teace he would answer n'j rnoitJ, 
 
 
 ;1 
 
 fis 
 
 m 
 
 M 
 
l; 
 
 itn 
 
 ■» ^ 
 
 
 14 
 
 this council majr »>« ^ jwertj^* , ^„^„ jfjenda 
 
 dissentient voice or any aiv'^'O" j „f 
 
 ,ire of the counc.l "/"^PP^f^i^hed the c'ha- 
 
 mfclS,) name had been improperly 
 (Mr. Cayiey ; ", , a„Gowaa,on the pro- 
 challensed by Aj'^'^!"':^" ^ot „„ ,t._ 
 
 nosed '=o,>?™'"tal ovve<no lake one or two 
 but would he ^= f 'XobLtions foundedoa 
 remarks in reply ".f.^Te Mayor. Would 
 his presumed hosluty ° « '«^f ^^1,; Cayley) 
 
 Alderman ^"^''''"f J '7^',, foAhe honour of 
 had,(ihou2h >" his canvass lor I .^ 
 
 '^"' "^'^reS 7every lmbe'5 the council,) 
 turntoneailyeve y ^^.^ derogatory 
 
 ever used one ''">f °,fT,o^,es. He would 
 to the character of Mr. o^ es. ^^.^^^ 
 
 be unworthy ,«['.f„V he stooped to such 
 ho ha^^«P"^,tre i It ^vould'have been 
 T^^'M to theposi.ion that he (Mr. Cay- 
 f "'xlfild^in tl e Orvernment of the country 
 ley) held "».;!'«""* _,,,,v,. ,o occupy m the 
 _to_the pos, .on he «,MU ^t^ "'' «'"»«"§«'> 
 opmion ot hi^ *''''°j . j^^d ever thrown any 
 
 ""^""LuStooppo'^-'nt- He appealed to 
 aspersion iipon »'J'"|{1 t.|,.,„ ,yho are friends 
 alUe chaUer.ge^^^^^^^ course, if 
 
 mrtVsuppress eaquiry, to bim yuu .Uu.. 
 
 i( 
 
 1 
 
 I 
 
 ) 
 
 IlStfl 
 
 witl 
 
 friei 
 
 fear 
 
 mig 
 
 and 
 
 fall 
 
 recc 
 
 by] 
 
 hel 
 
 wit] 
 
 For 
 
 sho 
 
 deb 
 
 mac 
 
 posi 
 
 woi 
 
 allu 
 
 1 
 Ca) 
 no J 
 was 
 
 A 
 cre( 
 sho 
 Ch; 
 be 
 Itii 
 8ca 
 enq 
 i the 
 
 qui 
 ; Roi 
 
 I the 
 woi 
 
possiblf 
 or three i 
 ) frienda j 
 1 to him, I 
 
 bo any j 
 the de- *• 
 ignity of [ 
 the cha- i 
 Lair. Hit j 
 iproperly \ 
 
 the pro- ; 
 t on It,— \ 
 \G or two ^• 
 undedoa i 
 . Would \ 
 . Cayley) • 
 honour of ? 
 imself ia ] 
 
 council,) I 
 ierogatory I 
 ie would .' 
 e which 5 
 d to such \ 
 ave been 
 Mr. Cay- 
 Q country j 
 ipy in the j 
 ihallenged ; 
 uown any 
 ppealed to \ 
 are friends \ 
 
 course, if * 
 1 any sup- 
 fht have to ; 
 lids. Iftho \ 
 were desi- 
 fQ\x should J 
 
 15 
 
 listen aa your best friend. He (Mr, Cayley,) 
 nerer heard your name tangibly connected 
 with this transaction. Why then are your 
 friends so careful, why so tender as though 
 fearful something prejudicial to yourself 
 might leak out, Xet your enemy come out 
 and assail you,— if innocent his shaft would 
 fall powerless from your shield of honor, and 
 recoil upon himself, A committee appointed 
 by ballot would be preterable, and if adopted 
 he trusted they would enter on the enquiry 
 with a single desire to arrive at the truth.— 
 For tho satisfaction of the citizens, enquiry 
 should be made, the whole history of tho 
 debentures should be sifted out. tet it bo 
 made if even the committee be wholly com- 
 posed of your friends, and he trusted they 
 would not allow angry debates and personal 
 allusions so damaging to continue. 
 
 The Ma YOU said, that in all his canvass Mr. 
 Cayley had not said one word against him— 
 no honourable man would do so—Mr. Cayley 
 was an honourable man. 
 
 Alderman BaooKe thought that for the 
 credit of the City it was desirable this matter 
 ehould be investigated. If the books m tho 
 Chamberlains office explained i*, they could 
 be easily referred to, and so set it at rest. 
 It is duo to the city that on teporls of so 
 scandalous a nature, the Mayor should eouit 
 enquiry. For his ciedit and the credit of 
 tho city, they should be investigated. 
 
 Alderman Carr was inclined to this en- 
 quiry. He disliked the expressions of Mr. 
 Romaine whicn were as much as to say that 
 they had voted the Mayor into the Chair, and 
 would sustain him there right or wrong and 
 
 !l^' 
 
 \\\ 
 
 
J 
 
 1 
 
 r 
 
 V 
 
 1 
 
 
 II : ^' 
 
 16 
 
 He, Aklerman Carr opposed the issne of these 
 .Jebentmes oiigmally. What ^vere l^e i^hiirges 
 as he underhtood them? £50,000 City de- 
 bentures were lud-td iu the Bank against 
 which the Contrai-tors wore entitled to diavv to 
 the extent of £40,000 thus «liovvmg a toss^ 
 XIO.OOO oil them--Debeuturos tor £100,00(1 
 were subsequently issued of which £50,000 
 were placed ut par in the Bank to redeem the 
 ori'nnaioiiesaiul it was said that the Hon, 
 Francis Hincks, the Mayoi and some other 
 party made the£ 10,000 d ilierence and that the 
 matter was thus managed. There was some 
 £180,000orso of the Public money lymgthere 
 under tlie control of Mr. Hiucks not bearing 
 interest, and the Hon. F. Hincks gave au- 
 thority thereout to pay the £-40,00 to the Con- 
 tractors and tlius the Mayor and other parties 
 made £10,000. If this were s-o he wouid cer- 
 tainly press enquiry. 
 
 Councilman Buoa seconded the resolution. 
 He wished enquiry ior ttie credit oi the 
 Mayor, tor the credit of the City; yet those 
 who cail*:il themselves his Worship's friends 
 were the paviies who were soauxioas lostiilo 
 
 all euqtiiry. , i ^* 
 
 Alderm;in TiioMrsON said they should not 
 be called on to enquire into how th est; de- 
 bentures were dis[,osed of ; as well might 
 they enquire into the private speculations Ot 
 any mav«. He understood the deoentures 
 were raid ov.^r to the contractors and by 
 their old .'f lod-ed in the Bank of Upper Ca- 
 nada. No one can say the contractors were 
 defr:u)d.-d--who brings a char-e ? jj"^» 
 iti?thi>that they have received £10,000 
 less that! they should. He has had inter- 
 
 ViOW» Witii uis; vV">'i**^'^*'^i «it-« v.i» 
 
 2 
 
17 
 
 I 
 
 I 
 
 oftheso 
 'jhiirges 
 City de- 
 against 
 idiavvto 
 a toss of 
 
 ; 100,000 
 
 £50,000 
 Bern the 
 iie Hon, 
 ae other 
 I that the 
 as some 
 if) 2: there 
 bearing 
 :ave au- 
 :he Con- 
 ir parlies 
 Duid cer- 
 
 I solution. 
 it of the 
 yet those 
 's friends 
 IS to stiiie 
 
 hould not 
 thestj de- 
 »]l might 
 hitioiis of 
 ebeittures 
 s and by 
 Jpper Ca- 
 lors were 
 ' If any, j 
 1 £10,000 I 
 r,id inter- | 
 iQ of theni k 
 
 t&id he would not consent to lose one shil- 
 Jiri^ on th«m. We ware told by Counsel 
 when theso debeutnies wera abyat la issue 
 thatthera were t-onilictin-jr clauses iu the hiw, 
 the speL'iul act l.>elai^" o\*e«" rld.'eu by tlie ge-* 
 neral at-t, h.ilh having n'ceived th«^ ivoyal As- 
 sent tile f^tuie day, and liii.-s v.'u? the cause of 
 the <iiiru'u!ty as tv> lh{?m. U i would inuve in 
 afn^'ndineni that llie co:it;;i'.-toi'.s bo Jippiied 
 to to know if they had iulljred any loss by 
 the de'ay in the \<>ue of the debjuture?* or 
 otherwise, and iliatthe City Chambeilniu do 
 communicate with them to ascertain if they 
 had any and what complaint to bring be- 
 fore this Counsel on the subject. 
 
 Councilman Platt beconded the amead- 
 inent.- 
 
 AUlerman Dexison objected to both the 
 original resolution and the amendment, 
 though from what had now fallon he thought 
 the matter should be investigated if it were 
 only for the express purpose oi' clccirins? the 
 Mayor's character. 'Ihe amend me»it implies 
 charges and invites them. He would vote 
 for the original resolution for the purpose of 
 clearing up all doubts. The rumours in cir- 
 culation were most prejudicial— he believed 
 them to be iuhe — many were not of that ooi- 
 nion, but they should be gaiisded that the 
 Mayor and Corporation were free from cor- 
 ruption. - 
 
 Councilman AsiiriEtD did not see the 
 object of the amendment ; he had heard that 
 £50,000, debentures ban issued— that the le- 
 gally of their issue was questioned— that they 
 were placed in the Bank by the contractors 
 with lull knowledge oi this question— thai 
 
 
 #•*' 
 
 ■ t 
 
 i1;.i 
 
 B 
 
itv] 
 
 !l 
 
 • I; 
 
 18 
 
 cnly tfi tho extent of £40,000 «n<l that they 
 were taken up afteiwaid$ by an issua of 
 £50,000 at par. 
 The IVUvott.— They were in exchange for 
 
 thera. » . 1 
 
 Councilman Asnrir.T.p— Ay<*, in evclmnge. 
 
 There is^lhe qut'stioni*— the jxmtjI at,is?ue was 
 n'bo bt'iiflitteii by the ixohance ? Did ihd 
 conlractors i»et the i;iO,0(JO defit-ient. No. 
 The Bai*k su)' they did not,— who did ? Who 
 knows any thinpr of it ? Your vvovsbip,— no 
 oneelse. Such being the case he mu.-l say 
 it is lU ml vised oi your friends by iheir vota 
 to suppress enquiry, they are not youi irienda. 
 All know tlie rumours, there are few but 
 know somethius of them antl in the absence 
 of full information every member ot the coun« 
 oil is prejudiced — You sir, owe it to your own 
 position, and the council require intormation 
 at your hands — Enquiry by the committee 
 if granted, from the way it has been man- 
 aged will amount to nothing. The Bank 
 did not get the £10,000. The contractors 
 did not get one penny of it. Three or four 
 persons appear to be implicated in it, the 
 ■whole affair was open to suspicion.^ He would 
 tell him who is said to have participated in 
 the £10,000. His Worship was one.— "An 
 official in the Bank ot Upper Canada was an- 
 other. — Jas. Cotton was a third, and the Hon. 
 Fras. Hincks was a fourth. Those are the 
 parties who are said to be connected with the 
 tranfiaction. The contractors r^^-^eived the 
 first issue of debentures and ii ^itere were 
 any guilt in the transaction his worship must 
 know the facts. No doubt if you had any thing 
 to do w^ith that, you thought yourself fully 
 justified in treating It as private traneactioa 
 and ai such you entered into it. 
 
 < 
 
 i 
 
 hi 
 
that they 
 
 change for 
 
 exchange. 
 t,is«ue was 
 ' Did ihd 
 lent. No, 
 tlid ?Wha 
 ivsbip, — no 
 murl say ^ 
 iheir vota 
 )ur iiienda, 
 e few but 
 le absence 
 ithecoun- 
 o your own 
 ijtormation 
 committee 
 been man- 
 Thc Bank 
 contractors 
 ree or four 
 In iU the 
 He would 
 icipated in 
 one. — An 
 da was an- 
 idtheHon» 
 Q are the 
 ed with the 
 "eived the 
 iiere were 
 >rship must 
 i any thing 
 irself fully 
 traneactioft 
 
 * 
 
 n 
 
 / 
 
 >: 
 
 If 
 
 The Ma von said, if all this were true ts f« 
 
 himself, if he were the paity who purchased 
 
 the debentures, he tieniecl the r\Q;ht o( the 
 
 couucii to question him— what i iohi fjiul they 
 
 to know wheiher he used Ur xnuuty in pur- 
 
 chasi>j;;r<febeiitures or in moil^niifs? He iiad 
 
 as uooii r\L\Ux to do one as the other. He 
 
 wouh! now assume the whoie le.spoiiftibilily 
 
 of thefieiioeialion ; il je20,C00 were made by 
 
 them aiier ihuy passed avvny from the parlies 
 
 to whom they issued what war lliat Jo Jhem? 
 
 He would do what was right and should 
 
 always do it. He would not make such a 
 
 purchase directly, he would do it a^raifj as he 
 
 had done beJore, by an agor.t. If anyone saya 
 
 he has no rijrhl to do so,' he would fell him 
 
 he wont submit his private Jransaclion? le 
 
 be questioneJ. He stood here as the repre* 
 
 aentaliveof the council, and so (iiras the city 
 
 is concerned, he will see that its funds are 
 
 husbanded. As to his private transactions, 
 
 he repeated he will allow no one to investirrate 
 
 them— r»o one has a right to investigate them. 
 
 oor will he submit to it. 
 
 After a few brief observations from Aider* 
 men Hayes, Robinson and Gowan. 
 
 Alderman Brook said, it wai: clear «ome 
 party or parties made i:iO,000,— -either the 
 Mayor or some one else, or all four shared it ; 
 why then object to ascertaining who it was | 
 This charge should not be overlooked — It i« 
 too serious. The contractors certainly lost 
 i:iO,000,--who got it ? 
 
 Hon Mr. Cavlev said the question was aa 
 to the shave on the original debentures, and 
 were the contractors driven by their nece8!«i- 
 ties to submit to it. He wanted to have the 
 UGf elicitady for if the 'dabentures w^ik 
 
 IM^ 
 
 i«-i 
 
 "I 
 
 ii 
 
so 
 
 lib 
 
 i 
 
 H) 
 
 illej^ally issued ant! the parties thereby preju- 
 diced ttiey wore entitled iu equity to 5nch 
 remetly 115 tne city couM aifinl theui whi*n- 
 cvcr the oppnituuliy >^hf)i.5M ollbr. It wa.i 
 poiTcrtiy well kiio^vii hijknv lUa m.K'lin^ of 
 the Lexnslatura tlinl tliu (iovenimo'it hud it 
 in co:!ti»rnj)latlo!i to iiili-oihjcw the bill -the 
 consul iil-tic'd loiin I'uiid act which would ma- 
 lejiallv i.aprove the cliaractur of all Provin- 
 cird i>*HMivilif;^. VVeiy tlu? contractors who 
 8nb:nitted to \ho f^havo awaro of ihi.-? fact ?— 
 Were the pailies wh;.* shared the contractors 
 aware of this i'iu'l ?-~wa^ there any ooli'^a- 
 tiori on the part of the city to replace the less 
 marlanable debenturen w'ith debentures com- 
 matidiinx p^r? Wa--^* that obi ii:>-ai ion to th© 
 contracto".-5 or to the parties who shaved tho 
 contr.ietor^ or \vas the city ia a por^ilioii to 
 claim the betiedt of their improved credit Jind 
 position? All these were points hi which 
 the p'jblic toalc iriJereM and 011 which they 
 had a ri -A- hit a bi^ cnliditcnoJ. It would bo 
 for the Comrnilteo to do so— to apcerJaiii in 
 what shape tiie ilebc;Uuros were put into the 
 market — when redeemed — how replaced. 
 The public hu<J clearly a ri!:?lit to Uuow all 
 the!5C thinizs and whether the most had been 
 ma It! of their fund.^. 
 
 The MAVoasaid that bo repeated he had 
 no objectio!! to take th<» whole responsibility 
 of the trnti^actinii up>u himf^viU*. 
 
 Aid. IjKU. said no lonkcvl on the Amend- 
 ment as intended to stirhi enquiry. At iho 
 time the debentures were issued it wa?? com- 
 petent furthecontraetotsto make any bariraia 
 they pleased to dispose of then:i in New York 
 •at par. Ho would now state the facts, for job- 
 hing oi the description we had hero should b« 
 
»!>)• preju- 
 y to such 
 nt\ wh!*n« 
 . It wai 
 
 i^etinn^ of 
 Mt hiul it 
 
 bill -.the 
 voiikl mti- 
 l Piovin- 
 L-tors who 
 is fact ?— 
 ;ou tractors 
 y oDli'^a- 
 •e the less 
 :nie5 com- 
 ic )ii to th© 
 shaved tho 
 :)o?«ilioii to 
 credit and 
 in which 
 uich tfiey 
 
 woukl ho 
 ^cerJ.'iiii ill 
 ul into the 
 
 replaced. 
 
 know all 
 
 had beea 
 
 ?d he had 
 ponsibiiity $ 
 
 \c Amend- 
 r. At iho 
 \vaf? com- 
 ny baruaia 
 New Yoik 
 L*ls, for job- 
 i should b« 
 
 %l 
 
 denounced. Tlio Contractor.** «ott!ed in N. Y. 
 
 upon ihe Credit ol the( ity orJorontotohava 
 
 thedt'bentLires tnUen up at par nnd theycamo 
 hero vviih thuir Soiicitor lor tho piirposo of 
 doirii^so whc'itthey \vlm\; met vvilii the oljrct- 
 ioii that th<^ir insiitj was il t^jril and that they 
 were xvorili iiolhiii'/. Their S'.»licilor then 
 rettirtu-'d to New Yor!; sayiiir:: tluil we did 
 matt-Jis hero in a \i*vy ^i«n'e;dy way, Tho 
 Conlfaclcrj; were nu^^• h^ll in an awkward 
 position, they h.-ui cjalins upon lh<.nu coming 
 due which o\vin:i^ to this ciruuin^'tanco they 
 %vere unprepared lomeel. They were in want 
 of the funds and threatened with the 
 fitoppaire of the vvoik?* the next day, 
 and beinix so an ananu;ement was mado 
 by which th'^y agreed to liike etnjlily nounda 
 for what they couUI v:ei I'lOO In New York if 
 they hati been pvo]ieiiy issued. Why not 
 iheti enquire why tiiey had not been properly 
 issued. Why was thiscontiii-eney permitted 
 to occur? Have we net a li^ht to know it? 
 Who furnished money to puvchaire the de- 
 bentures? Who supplied the XK),()00? 
 Was il the Bank of Upper Canada? If yes 
 then that X 10,000 belongs Jo them,— their 
 credit ptodnceil it, not J G. Howe-^'ri ; but if 
 you jsny il is your;^ it is by reason cfyi mfanx 
 yas. If the contractors sell tlieir liiiut -^.t 20 per 
 cent discount, then you iiad a ri^ht to use 
 your money as you pleased. He (Alderman 
 1J») had heard tlie Mayor declare that he had 
 nothintr to do with Uie transaction, and now 
 he telis us he is wiilin;^ to assume the whole 
 responsibility of it. Yes. He says so novr^ 
 and tie (Alderman Bell) wants to know — his 
 Constituents wants to know — the Council 
 wants to knoNV why the contractcn wer# 
 
 
 M ' 
 
 L^'^ 
 
•t'l 
 
 i'i 
 
 
 «bli<»ed 10 ieM our debentures at a large dis- 
 couut to meet iho duiniiud'i upon thein ? Ha 
 has a ri'iht tu know wIuMIkm' the X4r),000 
 thus ai>|)lIocl camo Croni the IJafik oi Upper 
 Ciiuacla, b.Lseil on U\ii t^ecwiiiy ol" tlio tlebwn- 
 tUiL's. J[ aiis\v<'rLuI in ihe alliirniilive, ihen 
 he wouKt coutvM.d that the X' 10,0(0 bclono-.^ to 
 the Cily of Tuiuiitu* <or in ;i ieu" \veelv> after 
 when tdecoiisoIiilatcdLoatiAci became u \a.Wp 
 you !>^uK^lituttHl oliiLM- il(A)e;)lures for ihem.— 
 Vou hamle.l ialo the Bank X50,000 new tie- 
 boiiture:^ jit par, aiul you yot out ll;e £50,000 
 okl dt'bentmfs. Tlio (HJiUraci(>r.-3 ^t^le, ihey 
 gotbutXiO,00()lie bclievod tij'> ]\ I ay or was 
 bhnseU* aware, they were tuhl that if th» 
 r.ionoy was r.<jvanced ihcy wouht <^et but 
 X4(),000. Tlio Mayor shoufd court insieacl ot 
 opposiii^r enciuiry. He iiad no vIl^lA \o uso 
 the credit of tlie Cily of Toronto to procure 
 £40,000 for tlie contractors, and put £10,000 
 into his own pocket. 7'hat some one has *ono 
 so he believed, and under all the circum- 
 stances it was their duly to inveslii^^ate whe- 
 ther or not the credit of the City is to be 
 used, to enable that man to make £10,000 
 —for it cant be ^denied that sum was put 
 into some ones pockets. If enquiry be re- 
 fused here, the public will know it by other 
 means. Enquiry will not be stifled. If it be 
 you will have to say « save me from my 
 friends." He would say it wub a fact that the 
 contractors got but 40,000 instead of £50,000. 
 Who procured the former sum ? Was it pro- 
 cured on the credit of the city, or on private 
 credit ? 
 
 The Mayor rose apparently much excited 
 and said, he trusted there would be no fur- 
 iber remarks upon this subject or he teoxUd 
 
23 
 
 targo dis- 
 em ? H© 
 
 c){ I'pper 
 
 o debwn- 
 ive, I hen 
 )t*l(>n2»\'4 to 
 jelv> after 
 lie a iaWi 
 ' ihem.— 
 new tie- 
 £50,000 
 ale, ihey 
 iiy.'.)i' wui 
 tit if th» 
 trtH but 
 n stead ot 
 ;iil 10 uso 
 ) procure 
 £10,000 
 has *ono 
 circum- 
 ate whe- 
 ' ]s to be 
 £10,000 
 was put 
 y be re- 
 by other 
 if it be 
 fiom my 
 that the 
 £50,000. 
 s it pro- 
 L private 
 
 excited 
 
 no fuF" 
 
 he wotUd 
 
 make it a personal matt tr with any one wh^ 
 tvould attempt to v^e his name. No deben- 
 tures until lately had been issued on which 
 there was not a !o>s of froiri 10 lo 20 per 
 cent. There was Uxss on all their debentures, 
 and as well rnl^ht they a.*.k iho purehasera 
 to make good the loss to the poor njen who 
 held them. H he (the iMayer) purchasetl the 
 whole he had a li^htto do sio — tlioy were not 
 purehased by the city, had he money 
 ne would not hesitate to purchnse them, and 
 his doin;Lr ^o was no business o( tlieirs. 
 
 A (lennan Caur The Mayor now slate? 
 that whether he did so or not was no business 
 of the council. The Mnyor denies having 
 anything to ilo with the negociation of the 
 debentures but he a^^serts his right to deal 
 with them after they are once issued, with 
 his own funds in any way he may see rit. 
 Had he staled soon the Friday night when the 
 matter was brought up by Mr. Hornain;^ he 
 should have thought very differently of it but 
 at that time he denied any tradicking in the 
 Clebenlures,bnt now it appears he is prepared 
 to assume the whole responsibilhy of the 
 transaction. 
 
 Alderman Bell said as the names proposed 
 to be put on the committee were objected to 
 he would withdraw them all. He cared not 
 whose names were on it, let all be the friends 
 of the Mayor if they pleased, but let them 
 have the Committee. 
 
 Alderman Thompson then asked leave ta 
 withdraw his amendment which being given 
 the original resolution Vas put and lost eight 
 voting for and seventeen against. The Coun- 
 cil then adjourned. 
 
 1 
 
 i i 
 
 il'l 
 
 
 » 1 1 
 
 
1^ ^1 
 
 
 Toronto, 27th Jan., 1S53, 
 To i\s Editor of the Brilish Canadian, 
 8iR. — In the it ,iort of the proceedings of th« 
 
 City Council of Mvxnday evening last, the Patriot 
 has reported "Councilman Homain staled," he 
 had the authority of Mr. liidont. Cashier of the 
 15ank of Upper Canada, to st^ite fhcit the conduct 
 of Mr. Brll, Alderman for St. David's Waid was 
 disreputable, in makin?^ certain irHjniiin.s in refer- 
 ence to the £10,01)) tiansciction tht-n in quFStion. 
 As Kurh a declaration on the part of Mr Hidont 
 could not have been made wilhtiuth.J lound it 
 necessary to address to that Gentleman the fol- 
 lowing note ; 
 
 Toronto, 26ch Jan., 1852. 
 Thos. G. Ridout. ]':sq., 
 
 Casf.ier, Bank of Upper Canada, 
 
 ^ Sra^—In a discussion that took place in the 
 City Council on Monday eveninir last, Council- 
 man Romain stated that "you had aulhorized him 
 to charge me with disreputable conduct in having 
 made inquiries of you, as to who got £10,000 for 
 discounting the City Debentures. 
 
 It becomes my duty to ask yon, for self defence, 
 if you did confer such authority, and if you did, 
 that you will point out in what particulars I am 
 chargeable or liable to be stigmatized. 
 
 Yourobd't. Serv>(., 
 
 John Bell. 
 
 MR. RIDOUT's answer. 
 
 Toronto, 26ih Jan., 1853. 
 Sir,— Tn reply to your note of this date, I beg 
 to info'-m you, that I have not authorized Mr. Re- 
 main to charge you with disreputable conduct as 
 you term it, neither am I aware that I have said, 
 or done any thing that could be so construed. 
 .1 remain, Sir, your obd't. Serv't., 
 
 C^igned) •Thomas G. Ridout. 
 John 'Bell, E^-q., 
 
 I ask you now to place the facts before the pub- 
 he, through the same channel that Mr. Romaioi 
 declaration \vas conveyed. 
 
 Your obd't ServH., Johk Bbll.