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FDR F^EFtKLNLL 
 
 365.971532 A^q3± 
 
 Mar 
 
 NOT TO HF. TVKI \ MiOM 1111 U<M>\1 
 C. 1 ' 
 
SAINT JOHlN TAXATION. 
 
 i 
 
 
 SAINT JOHN, N. B., June, 1878. 
 
 To the Rate-Payers of the City and County 
 of Saint John. 
 
 A desire to give you full knowledge of an important public 
 matter, and to save you from a heavy and unjust Tax, lias led 
 me to prepare the following pages, to which }0ur attention \^ 
 respectfully solicited : ^ 
 
 On the hustings, on the 1 Uh November, 187G, the writer had the honor to 
 address the electors of the City of Saint John, with reference to matters 
 pertin(3nt to the occasion, and amongst other things, specially leferred to 
 the " Saint John Penitentiary" question, going very fully into the wiiole 
 subject, and promised, if elected, to the tlien va-^ant seat, in the (ieneral 
 Assembly of the Province, to take especial care that this Tenitentiary ques- 
 tion should receive at the hands of our i ocal Parliament that consideration 
 which its importance so imperatively demanded. 
 
 In accordance with this promise, on Wednesday, the 2Ist Fel)ruary, 1>T7, 
 the writer (Mr. Marshall) moved the .following," viz : — 
 
 " Resolct'd, That a Cv nitiee be appointed to investij'ate the rights and 
 " relative claims of the Province of New Brunswick, or of any City anui^'ounty 
 ''or County within the said Province, with the Covernment of the Dominion 
 '' of Canada, in connection with the Penitentiary located in the Parish of 
 '* Simonds, in the City and County of Saint -lohn, and known as the Saint 
 "John Penite it'ary, witli power to bring before them persons and papers, 
 *' and all documents relative to the same." 
 
 and to )k occasion to say that t'le facts of the Penitentiary matter were so 
 familiar to honorable ;^2ntlemari that under ordinary circumstances it might 
 not be deemed necessary to <lo more than ask for a vote and the appoint- 
 ment of a ( Committee, but the question wa'* one which in tlie near future 
 threatened to involve so serious a burtlen of taxation, not alone on the Ciry 
 a,nd County of St. John, but on the other Counties of the J'rovincc, that he 
 felt It his duty to go into it somewhiit in detail, so that the position the Pro- 
 vince holds may be clearly understood by the country at larjje. 
 
 He then proceeded to give a history of the St. John Penitentiary, showing 
 iliat the tra«l of land connected with it was procured by the Jiistices of St. 
 John in 1838, and a stone building, cailetl the House of Correction — and 
 which now forms part of the Penitentiary — was erected thereon in 1841. to- 
 gether with a Keeper's residence and other necessary BuiUlings. The (iov- 
 erninent of that <Uy observing the benefits of the institution to the City and 
 County of St. John, conceived the idea that it would be in the general in- 
 
 r 
 
•v I f 
 
 terests of the i)eoi)l(.' of New Brunswick, wore its I)onefits extondcd to the 
 whole Province, and having opened negotiations with the oljectof carrying 
 the idoa to a practical issue, "An Act to estahUsli a I'rovincial IFouse of 
 Coriection," 1 \'ic., cap. 44, was passed on the 2tlth March, 1S41. 'i'his Act 
 referred to several Acts establishing^ the St. John institution and authorizing 
 the l)orrow!..g of money to meet the expenses thereof, etc., and after setting 
 forth the advantages which it oilered to the l*rovince, provided that the 
 Justices of the City and County should forthwith cause a full ami correct 
 f^tatement of the accounts relating to its erection and establishment, ex- 
 hibiting the various sums taken on loan, with particulars connected thcre- 
 Avith, and o^enerallya com]»lete statement of all the costs and cliar;^es to be 
 made out, certilied and forwarded to the Lieutenant Ciovernor, who should,. 
 thereupon, with advice of his Council, appoint three Commissioners to ex- 
 amine the Statement, and, on their report being made, notify the Mayor of 
 St. John. The Mayor, on receiving the notice, was to call a meeting of the 
 .Justices, who were required to hand over the whole proj'iertj' to Her Majes- 
 ty, the (iueen, the debt ovring as per the Statement, to be paid with interest 
 out of the x'rovincial Treasury, provided that no greater sum than £},nOn 
 .should be drawn fr-^m the Treasury for the purjjose, and no greatuT sum 
 than £5(10 in any one year. By the 14th Section of the Act the authoiities 
 of the City and County of St. John were empowered to take up and arrest 
 by Warrant, Kogues, Stragglers, Vagabonds, Idle, Suspicious, or Disorderly 
 persons, and to order them to be conmiittedto the said House of Correction, 
 there to be kept for any time not exceeding Forty Days ; also to send pri- 
 soners coniined in the Jail of the City and County to the same place, and 
 have them kept there until the expiration of their term of imprisoment 
 
 Although the adjustment of the accounts and delivery of title did not take 
 place until March, 1S44, the control and management of the Penitentiary 
 passed over to the Province on the 1st April, 1S42, for a money considera- 
 tion, together with a solemn agreement that prisoners of the class referre<I 
 to in the I4th Section of the Act should be, in i^erpetuity, a Provincial 
 charge. Part of the terms of the transfer between the -Justices and the 
 Province, was the reservation, that short term prisoners — those sentenced 
 for less than two years — would be cared for in that institution, in perpetuity 
 and that it should become a Provincial and not a local prison. Subsi'quent- 
 ly, the name, " House of Correction' was changed to "The Provincial Peni. 
 tentiary of New Brunswick.*' 
 
 Up to the time of Confederation, the rights and privileges thus reserved 
 and secured to the City and County of St. John, were never questioned, but 
 on the contrary they were recognized and maintained, not alone as regarded 
 St. John, but as well with respect to the other Counties of the Province, a? 
 more fully appears in the Revised Statutes, 18-')4, Cap. 91. 
 
 At Confederation the Central Covernment imdertook the establishment, 
 maintenance and management of Penitentiaries, and it came in and took 
 charge of the Provincial Penitentiary uiuier the clearly defined terms of Uie 
 British North America Act. He believed the Dominion <iovernment in- 
 tended at that time to carry out the solemn engagements of the Province 
 in regard to the msttcr under discussion— they accepted the institution now 
 known as the St. John Penitentiary, with the bond and mortgage upon it 
 and all the advantages or disadvantages which the Province of New Bruns- 
 wick had in the institution, and he verily believed that they intended to 
 carry out the arrangement in good faith, else why enact in b*^00 the law re- 
 lating to Penitentiaries, the 9()th Section of w'ach provided that prisoners 
 .sentenced lor terms not greater than two years, should be imprisoned in the 
 Penitentiary for the Province where sentenced, provided it should not ap- 
 ply to "any prisoner sentenced in New Brunswick or Nova Scotia" for " less 
 than two years.'" He believed the (fevernraent of Canada were induced to 
 take the extraordinary step of— without mutual arrangement— unloading 
 
 , 
 
 
 
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m* 
 
 3 
 
 , 
 
 ^1 
 
 this burden, wliiob, of ri^iht, should be borne by Ciinuln, find throwing it 
 uj)on the Katepayer-; r.inv well laden with taxation in the dilhMont 'ounties 
 of the Province, by tlie lepresentalions of visiting Insi't'ctorH sent here from 
 the other Provinces. I'he smalb tijin edge of the wedge was, fust, very 
 quietly introduced in b^70 by oiJ Vic. cap. ;>n, •• An Act to amend the IVni- 
 tentiary Act, 1H08," Section j, of which provides that pii-onei's s .'ntcticed to 
 hard labor in New Brunswick or Novfi Scotia for two years or less, shall not 
 be received in the Penitentiari'^s of this Province after ist ^^ay, ls73. This 
 movement at < >ttawa attracted the attention of the St. John .histiccs, who 
 sent a Delejration on the subject to the Canadian capital, when a pi-02)0.ii- 
 tion was made to hand the Institution, with its gionnds and ei|uiiiuu'nts, 
 over to that City and ' ounty, in consideration of the St. .John Sessions re- 
 lieving; the Central ( lovernment of the liability which attached at the time 
 of its transfer from the Provincial to the I'edeial <!ovcrnment. ^Meantime, 
 the Act to extend the provisions oi the Act hist r(dcrr.vl to passed, its oj)era- 
 tion being postponed to Ist May, ]>7C}. When the delegaies refcried to 
 returned from Ottawa, he (Mr. ^lai'diall) was not sa.ti-iied with tlu^ propo- 
 sition made by the Dominion Government, and d* c]ne<l it his duty to declare 
 that it would imi)0se too great a binden upon the lax-payers of the Province 
 and especially those oftlie City and ( 'ounty of St. .lohn, on vviiose hands the 
 institution would be; a, large '* ele[ihant.'' Subsennently, in IST.";, Sheriff 
 'larding and himself went to < >ttawa, and while theie, a^ delegates from the 
 St. -lohu Sessions, met Hon. Mr. Fournier, then Minister of Justice, who 
 agreed to further extend the time of admitting; short-term prisoners until 
 the "Maritime Penitenti.iry" should lie com})leted. The Minister, there- 
 fore, had ;]S \'ic. cap. 41, • assed, v,hii-h repealed tlie two Acts last referred 
 to and extended the time of receiving short-term pristiners in the I'eniten- 
 tiary foi' this Province to 1st May, 1^7^. 
 
 fie tiusted he had ui.ide the matter suiru'lently clear. The jiosition 
 which Canada took in it to-day was that by hantlin;:; over the Institution to 
 St. John, she couhl hf)norably retire from it, but such was not the case. 
 Our rights under a contract involving dollars anil cents are veste'i in the 
 question, and if the policy of the Pominion (lovemment demands a change, 
 then a lull and comp;ete •'quivalent should !)e given. 
 
 That the subject in it- fid importance might he comprehended, he would 
 show the rehitive proportions of long and short-term prisoners conllned in 
 the Provincial PenitenL;;i.ry since Confedei'ation : — 
 
 Year. 
 
 1867 
 18G8 
 JS69 
 1870 
 1871 
 J 872 
 1873 
 IS74 
 1870 
 1870 
 
 'J'otal. 
 
 i;;i. 
 fo.{ 
 
 s;; 
 
 7v» 
 
 74 
 
 so 
 P'4 
 l<t4 
 Ids 
 
 102 
 
 iOng-term. 
 
 Short 
 
 -term 
 
 27 
 
 
 ill! 
 
 21 • 
 
 
 7.") 
 
 32 
 
 
 r.i 
 
 :5.-. 
 
 
 44 
 
 ;3(i 
 
 
 .■)4 
 
 30 
 
 
 ,')(' 
 
 •1 1 
 
 
 "" •) 
 
 •J 1 
 
 
 * ■<■ 
 
 op 
 
 
 (is 
 
 54 
 
 
 54 
 
 74 
 
 
 88 
 
 Frnvi (he incrcdf'C sho'rn !,n'Ju'.!<(: ri:'iirnKi/.isri:<i.<()ii>i!iIr ioargvc iJnithy the 
 ijcar 1878, the lunnber nf' prisoners of th( short-tcviit rliis.< vrill be KX'. It is 
 /cell knoioi tJiid short-Lena prisoncrr' arc the ?/;()>/ rujioisirc to mninfnin. 
 The average cost per hctul at the St. John Pcnitcniiivnifor 187o was $177. 8;>,. 
 t(7id for iHTi") it nuts ^'JM .0'.), so it is Jair to cs/innt/r f/ie fhtiirc cost nf (in 
 average of ^200 per hi.H' I, which for 100 would ;//<•< $-'o.(ii)0 per year, which 
 .-'?im capitalised at C)pcr '■ent, iro'nld tuean ,$;'.,")4,(j(Ki. ///■ mir/hf, tlirnjm'c, an- 
 licipaU that so importont a matter innUl. rc<(ic'. at thi hands of the J/cvsr, as 
 
T-^ r- K I I 
 
 M 
 
 well it.-i thn.-ic 'if nil r n /ifi scntnfivis in rarluiun til ni (iltiarn. the uttenliotc 
 irhii'lt. ifs uitport'itirc so iiiipi rd/icf h/ <l< niti/f/ded. 
 
 A little Ijird whispered to liim that Canada would s:iy St. .loliii paid little 
 for what it recoive.-?. The cost of erecting the House of < 'orrection, as 
 shown by the statement of 1S42. was t! I.'{,.'j((l I'.ls. :',d. towai'ds wliich Legis- 
 lative grants were ji.tid from IS;5'> to IS42 to the amount o!' i.'s,(i78 .Js. 4<I, 
 leaving a balance of i;"),4.'J:> lOs. lid due the Sessions of St. John. After 
 some ne^otiatiuns and clisputing the Sessions acce}ited i! t,8()() .'is. >.^d. Jn 
 those tiin(*s. however, neither fiovernment noi- Sessions' accounts were kept 
 with the accuracy of the jiresent day, and although it mny appeal' that the 
 matter was j>retty well settled uji, yet it was well known that St. .Fohn, from 
 time to time, paid lar^je smns in settlement of lial'ilities iricurred on account 
 of the iu^titution, andten years after the transfer wa.s actual!} made the 
 Sessions had to come to the Legislature and a-k for authority to tax the 
 ratepayers of St. .I^ohn for a sum of $S,(,(l() to pay off tlie balance of indebt 
 edness still remaining. The I'enitentiaries of the Marilime Provinces and 
 those ot the inland Provinces were differently *ituate(l, the former having 
 always rereivr-d short as well as long-term prisoners, while the latter took 
 only tho-f sentenced for two years and upwards. At ; "onfederation the 
 Dominion, ho-vover, took over the Penitentiaries as they were, and there 
 Avas noexpectation orarrang;einorit to justify Canada in seeking to apply the 
 l)olicy of tlie Inland Provinces to our Penitential y, which it took over with- 
 out rf'servation and with the obligations which this Province had assumed 
 implit'f' in the contract. We may not ask Canada to contimie the main- 
 tenance and care of our short-term prisoners; but -lie undertook thft task, 
 and if she desires to rid herself of it, she should recognize the fact that she 
 is throwing; upon us prisoners who are of the nonproductive class, and that 
 the interest is a g;rovving one, concerning which the Leiiislature should in- 
 . 'it on the rights of the Province and ot tlie<'ityand f 'ounty of St. John 
 b» Ing provided for by a fair and honorable arrangement. 
 
 Mr. Eldnr seconded the resolution, which \\a- then ado)>ted, and Mr. 
 Marshall, Mr. Stevenson, Mr. Elder, Mr. Covert and VI r. beighton were ap- 
 pointed the said Committee. <.)n the l.jth March. 1S77. the said Committee 
 having" exhaustively examined and in(|uired into the sultject matter of the 
 said resolution, ma' le a, t'.iU and complete repoit, from which the following 
 extracts are made, viz: — 
 
 C^MM'TTi i: RiKivi, I'tli .Miirch, 1877, 
 
 ''Thr iiiifU'r-ipned. .Tppointed to report upon Mic followin;,' J'L'.-iolutinn : -' Tliut an hnnible 
 Addr'.ss he pres(.>nieil to 'is Honor tne Licurfnimf (lovi-innr, rriiyuijf that Hi- Honor may 
 be I'ieat-cd tn -•ausc t(> be laid lielorc tiii-' liou-e rlif I'oUowiuir. ii,i;;i;'!.v : A rorlain Account or 
 j)a!iPV writir!.'. hoiirius date- on or alxmt ihc liitli d^y ul' fu,y. A. H. lSt2. and addre.-.sed by 
 ihe (•'■!!' r I Q liu-tur Si^-^ion- of tJio (^ity ;ind Ocunty ofSiiim Jolm, to tlie (Tovernnient of 
 New iJiu fwi k, or to any Otii'cr or .Mt'mi.MT thtireof. .■<iitulii(f the r )st and expenditure on 
 account I 1 tti : In.-titution tlicu known as tlio tiou.-c o L'orfi ction oitlu; (.'ity and County of 
 tia!nt •tolu.. ,,nd idUiwards as tlu- I'rovinc al TV nitenti^n^ . ,ind at iiresont as tlie Saint John 
 Penitiniijiix'. t.tr(.'<th!;r witlia certain letter tro-n tii • !;itc H'tioraMe \\ . F. Odell, then Pvo- 
 vineial ^secri'tary of the k'roviuco of New JJninswick, directi-d to tlie then Mayor ot the City 
 of ?«aint . Joint, iind bearing' dale on or about tlii'l'.ilt da.\ "f Fel)n:ary. A. !>. 181 1. and en- 
 closing' a Hi'iiort of till! Cominis.-iuner'i of Audit, aiiiioinicl under a:i Aot of tlie (Janeial 
 Asgeiniil> , Ul) Vi''toria, Chapter 41, intituled "An.'^ct to estaidisii h I'rovinciil House of 
 OoTectio-,' toyethor with a Copy ot the siid Keport ; alsu. all Minute.-' or Memornnda of 
 Council made .^onie time in the month of March, ISi I. (.!■ nf m,- time during the -aid year, 
 by whicti the said House ofCorrection or Provincial I'ciiiteuriarv was then ceded to, or vest- 
 ed. in inr Majesty the liueen: as well as a Copy olall oti.er Correspondence held by or with 
 the (joveri.mint of th(! I'rovince, and all Minutes. .>b'mora nda and Order- ot Council refer- 
 ring to the s lid Corresi)ondei)ce or the paper wvitinit h.reinbcl-ire refe red to, or in any way 
 reliitiiiK to the said IJeufe ot Correction or Provincial I'eidieutiary : and Copies of all Cor- 
 ie.spondence, it any, between the <Hiverniuent of the Dommii-n ol'Canadi and the (Jovern- 
 nient o1 the Province of New Brunswick, relating tlieretu;'— bc^ to say, that they have 
 given the matter full i-onfideratioii. 
 
 _*'Your Committee would submit the followinp paiieis. wlii -h tO','v ther form a coinplcio 
 history of the i nstitution fr jin its in.vption as .i. Ilouse'ii ('mreciion fo:- the City and Coun- 
 ty of r-'aint .J<din, until an 1 dur:nK the period whea ii was -tyled the Provincial Peniten- 
 tiary, and up to the pre-ent time, when the said establisliment is rccas.'ni cd as the daint 
 John Penittaiiiiuy of the bominiou of Canada for the i'ro\ ini-e ot'New Urunswick. 
 

 5 
 
 ('ojtii of II I.I III I- lit' Win yi'iitli ,1, rif }fiii/i>r lit' till I'iti/ o'' Siiiiil .fiihii , 'Hi ii-rl!iii ii! I' [.ittrr 
 oi/i/ri"-" il III ll'ix Wurslii/i liii ihi- Clck nl' fin i'i-i> I'lrlln- ('''iiiikI Cii" iihi i>/ S'liiit 
 John . — 
 
 Mayor's 'm iick. Ci'v d; Sai"/i .Ii>ii>.__ 
 Province ot ^ew ilrunc'ivKk, Cm ul.i, i*'f';». '^Mtl. 1"«T7. 
 
 RoiiKHT ]\lAitsHAi.r., l. 'i nirf, M. I'. 1». 
 
 SiKi— ! Iitivi' tlic honor to i'rnli>?c, iis iciiuestel, J-tiiteineiU? fn'in Clerlv o( Pciirc in refcr- 
 fn<!e to rtiPiiit .),)lin Pcait— 'ti;u"y. 
 
 _ PtTsoiiiilly ! ;im .'niirei.. •• H'Miiniiitrjl witli tlii- niattor, aii'l vvould suKifest that thf lli}?h 
 Sheriff be lOMUi-teil t'l :i| ]»■.. hcfor" the Cimiiiiiir(v". 
 
 I am vdurs truly, 
 
 A. CIiri'.MAN SMITH. M.iyor. 
 
 Ol I UK 01 THK v'r.FRK Ol' THI-: Pr«CI , 
 
 Saint Joliii. N. B., I'l^iiruiry "i-ii'l, I^^TT. 
 Sir,— In rfi)ly tn you- le'iuest to l'i> f'tirnishcl 'vith ikr;iilivl iiif iriivti m from this OtHco 
 as to the .'•'('tllciinMii ii'.;iilr 'ii'twHcr the ("il v .mil (Nuiiit v of .S rint .lohuanil tii.^ ^'i''>vineiiil 
 (toverniiiriit m New lirun.-Aiciv, ii|p.in the tiansf>',r bv the fitrnu'r tc) il; • latter o( the lloiiso 
 of Correitioii, or l'r(ivlin;i,il Pr litenlia; y, I he^ to .«a> that I have c'r. 'fully i xauiitit'l tho 
 Minutes ot Session* (loiii tln' year InU to the year IS''), aii'l tinil as (olh'ws ; — 
 
 1. The Sissions of (he Cii>' an 1 C"iinty of Saint .Tnhn. h iviiis inireln-e ! i trir't of I.inil for 
 the puriiose in Is:!'-;, ere. -leil 1 hereon M. snine hiiiliUni? as an-l for a IIhisd of Ctnrecti'Mi for 
 the County. 
 
 2. In Isil. the Institution r.avin? 'leen foutiii \i< work well, it secmc ! to fe llioujlit il"sir- 
 able to exf'^nd i-. ai|\Miir:u'es ii ihe Prorinci-, an I tor this puroo <• to transfer thi? in.-titn- 
 tioi) to Uie Provineii") tiovcrnuieiit, wiii^ii hail already eoi.tributed iarg.-ly to the eost of 
 erection 
 
 S. To effect this, the Act of 1-^)1 ' f Vie. c. 44) was p i.-se>l, hy whi h it v.as jirovi lod fl.it the 
 Sessions shouH make up It Sr.ifiMii'iu shewin;; t!ii» «■ mle co-r, thf einounts reee'ved from 
 the (J()s-ernni"nt, iind the lial mee du'- the Ci'y and <Jounty ot Miitit .(oha. 
 
 4. In duly l^'J, the S(!Ssioii> rendeied their Ae.-uiuit, as follows; — 
 
 E) t're '( St ■ festal lishini- and ereefiiu' House of Correction, jLl.J.oOl pt .; 
 (\ -Hi, •!- L.i LejrisliiCivei.Jrants ill ISo-^, 'o!*, "iv. "11, '!_' 8 CIS 04 
 
 Balanee due the Se.s.-ions. 
 
 j.o.4;j:; i;; u 
 
 5. This li:ilan''y .-eoins to havi- 'le^n the snbjci't (jf a lon^ di-i)>ute. Imt in Feb naiy ISU. the 
 Commissioners of Audit. appi'int(;d u',id"rthe Aitot'lSti, re()orted to the Go\ e;iiiueiit the 
 buliinee foimd by them to l>e due as lIl.SiKi ■ s. S';;,!. 
 
 t). In Mandi 1^11, this adjustment was iicoe[)ted t)y the Sp=sions, the Penitentiary and hinds 
 apr)ertainin^; v.ric \csted in the Queen, tlic sum of tSivi tis. HI, was paid at once to the 
 Sessions, and in acioi aiiee wi h thi' An of 1SI1 the sum of £1,(|(M) wa> |iaid in eisht years. 
 by instalmeiits id' ii')W per annum \\vA, as would appear, iritlimit iiifi , rut. 
 
 7. In the iiie aniiuK' Honds (jr D.ibentures, whic.-h the County li:id issue 1 at (5 per eent. 
 intDrest, wore riinniiii? on. and eould only be paid off year !)y year with the amount rei'fived 
 irom the (io\ '■riiment : cons; .|oently. in is.i2, when the (Jovcrnminf (iiantwas i-ail in full 
 and tlu're was nothiii;;' more to l)e I'eeived from that uuarter, the he^siuu.-, fnuid iheih-elves 
 with a debt exceeding i:2\'lN) sdll uni'mvided for. 
 
 s. The 1"> \'io. Cap (I'.i was then passed, the preamble of which recite- all the eircumstan- 
 ees. authori/iiig the fcessions to assess the deliuoni'y upon the City and County of Saint 
 .John. 
 
 !•, Under this Act JLtidi), with e.vpenses, — about 15 per cent, of ns-essing and colie.tinK — 
 were assessed each year in ls",3, KVl. jnd IX"",, ;iiid illWiu IH-'iti. in all £.',200: towiiich. if 
 
 ere be added the difference betvvH'en the anioitiit claimed in IStI bv the Ses-ions, and the 
 il iounts paid by the (Ji'veriuiient between 1st 1 iinii iSoJ, yi/,. XoUr b-, jd., would make the 
 whole outlay of this ^itv and ("ounty .CJ.Tt'T iw. oil. 
 
 lO, At this distance of time, however, and when 11// those who took part in the transaction 
 between the County and the Uovernment have pa.jst-d away, it is iinri(i,<si . e to say or ascer- 
 tain how much moie the Count>inay have iiaid in the earlier stapes rd" the w(;rk or what 
 led to the valuable cor.cessi m made bv the (loveriuuent which fiiiuied part of the compaetr 
 and secured to tlii> Ciii' and (bounty the riitlit to so id to the Penitentiary o 7 olfeuder.Si no 
 matter how light either their offence or its punishment. 
 
 1 have the honor to be. Sir, your obcilient servant, 
 
 11. W. FKITII, Clerk Peace. 
 His Worship tlic M ■ yok. Saint .John. 
 
 /Crtracla fnim tin- rrxpn lire Aitx jmisi'il hi/ iJi^ Hr.v ml Axunnhhi nf tin' Pror'iiu-r nf 
 Neio Krini-iiriik. tmii'thir irilh /■J.itrdiln I'mm thr .^niliitnt, u/ tin- Jhinihiiia ni I'liauihi 
 ri'tnt'ntfi III till litHtiiatiiiii nuiv knuivil ux thf Suhit ,/o/ni /'filiti'iitinr!/ 
 
 E.\trncts from "Ai. Act to establish a Provincial House of Correetior," being 4th Victoria, 
 Chapter 44. * * * * * * /'((««.■>/ 2WA .4/-( ,■'•/;. 1S41. 
 
 Cap. i.ix.— An Act to aocuie to the hoiders of certain outiitandins I'ebent'n-es of the Ci?y 
 and County of Saint .John imyment of the princiiial money and interest due thereon, 
 
 * '^ '■■■ * '• * * J'ottedllh April, IH52. 
 
r-» I— K I r ^ f 
 
 6 
 
 i.'.riDfl/nirulnf U- i-'il StiltutiK, I'lmiih r'A, 'O/llir I'r .luninl /^>ii it''nlt' ifl/.' 
 
 Sec. 12, Any .Jii>:tipe ot'tlie City iinil County of Saint Jolin iiiiy nrre.-t, or ciiuse to be 
 jrre:^tt<l, iiiiy viij^.iUoriil, -u-p't:ious III' tiisonlerly ruTson vitliin the s:iiil City i;nd County , 
 «n'.l eonitnit tJuiii to tlie.-:iiil l^cniteiitiary lor any terui not exficolinK forty days, with hard 
 labor. 
 
 ].l. 'I lie .Ju^tii;e« in any (Jcnora! or FpccinI Sessions iniiy (nuisp nil persons snntcnced to 
 imprisiiniiiinr witli hiir<l hibor, iiiid all vnKabond.s aiid other -iis|)i<nuu9 'ir disorderly pfr- 
 »ons, at any tiiiii.' in (•iintiiiement ii: the (»aoi or Workhouse of the County nmler any convic- 
 tion, to b« reiiKived ihiTclrnm and coiiveyed to the PenitoHtiary, and may make nuch orders 
 I'or their r.iiivi'V. nice, iiiiil the m cessary expeiispx thereof, a.-- tc sueli JiiiitKtH may !<eem 
 meet; and the keeper sli ill forthwith receive -ii'^h persons intu ai.s ciistodyi and keep them 
 at hard la'jcr until then- respective terms of inwrisonnient expire, 
 
 14. A\'henc\er by any law ;Hith<>rity is or iria.» be ^iv'-n to imprison any person in any 
 house '■! c'lp'-eetiou or Ki'd with hard labor, or iii (lie Penitentiary, .-.luh imprisunmcnt may 
 be in the Penitentiary with hard labor. 
 
 The Priti^h North Anieric;i Act oflSiT, .".)th * XJst Vic. Cap. .'..-"An Act for the Union of 
 K^anada, .\ii\a >eotia ;nid iNi'W IJriitiswiek. and the ffoviTiiineat thereol', and for purposes 
 eonueeied therewith." * * ■'■ * * .,:*** 
 
 VI. DiSTKIIiUTION OK liVlilSIATIVK PoWBRS.- /'<,inrn of tfl- /''i///<«,;/,-,|/,— SeC 91, 8ub- 
 
 Seetioii '."'<, reads as loUow.s :—"• The establishment, maiutuiianeo aud lUauaatomeat ofPeni- 
 tcntirits." 
 
 18t)'.t, :J2nd & 3ord Vic Cap. 2'.'.— "An Act respectimr procedure in Criminnl Ca.scs and other 
 miitters reiatitis to Criminal Law." 
 
 'X. Iviih ot the Poiiiieiitiaries in C;inada shiill be iniiintnined as a Pri.son for the confine- 
 ment and ri'fonnation olptTsons, mile:'nd lemale, lawfully eonvieted oferiuio beforo the 
 Ctiurts III (_'iiiii:nal .Juri.-dictii>ii of tli ii Provinee tbrwhieh it is appointed to be the Peniten- 
 tiary, and -^I'litenccd ti> eonlinemeuf tor lite, or for a tiTm not le>s than two years : and 
 whenever any ofTeiider is puidshable w imprisonment, sui li imiirisonment. if it be for life. 
 or two yeaiei (ir any lon(.'iji t> rui, sha i)e in the i eriiietitiaiy ; but this shall not prevent the 
 receplii'n and imprisuiiiii'^nt in my l''riiteniiary (d'any prisoner senCorned lor any period 
 <»f time l>y any >iilit.ir> , Navnl or Mii lia C(/iirt Martial, or by iiny Military or Naval autho- 
 lity unl<r any .Vlutioy Ac'i nr o'' i.iji jiriMon'r xtoitcinfil In Snr /trni'Hirir!: _or Aona 
 jSrutitt I') ii'iiiritinHiiiriil iriili hiinl Inln,, for hxHtlinn ticu uenrn, 
 
 "An Aet to amend the Penitentiary Aet of 18i)8." ***** 
 
 ■'Vith Vic C?p. .''li.— ''An Act to extend the A< t pai««el in the thirty thiril year of llcr Ma- 
 jesty's liidgu, intitule I ' An Act to unend the Penitonii iry Ai't of ]'S')>i." 
 
 ;'Stl) Vic. Cap. -14 
 other 1 urpose*."' 
 
 -"An Aei rc.-peet'n^ Ponitetitiaries and the i;is!>'elion thereof, and for 
 
 OirrcHpondrncc between tJie Jfoiiovnltle tin' Minister of ,hi.<lire auil Mr. Robert 
 Marshall, M. I'. /* /or the City of' Saint Johji, reln/irr to the Saint 
 J'j/ui I'e/iiteutiar;/ : — 
 
 S.VINT .loiix, X. B., Cth December, 187(». 
 
 lion. Mr. Blake, Minister of .Justice, tte., Arc, (Htawn. 
 
 l)i:.\!! SiK,— Kindly permit me to enclose herewith a ['Hjicr having a report 
 of my lemarks about the Saint John J'enitentiary on Nomination day, to 
 which I would respectfully a.sk your attention. 
 
 Meantime I remain, dear Sir, faithfuHy yours. 
 
 ItOBEUT MA WSH ALL. 
 
 Ott.wva, nth December, 1876. 
 DkaiiSik, — I liave to acknowledge the receipt of your letter of the Gth 
 inst., enclosing a report of your remarks about the Saint John Tenitentiary. 
 As r understand the matter, it has been already disposed of by Parlia- 
 ment, but if I am in eiror I shtiU be glad to be corrected and to receive any 
 further hiformalion you can give me. 
 
 JIDWAKD BLAKE. 
 ]?oiiERT Marshall, Es'iuire, Saint John, N. B. 
 
 Saint .Iomv, N. IV, nnth December, 1876. 
 Hon. Edwah!) BlvIvK, Minister of Justice, itc, ttc, Ottawa. 
 Di:.\ii Sir,-— Your esteemed favor under date of lUh instant, came duly to 
 
 
 J 
 
 •r 
 
^ 
 
 liancl in answer to tny note of the '»th idem, relating to the Saint John Peni- 
 tentiary. 
 
 You say — '• As i understand the matter, it has ah'eady been disposed of 
 by Parliament; but if I am in error, I shall be gla<l to be corrected and to 
 receive any further information that you can give me." 
 
 This ((notation, I regret to say, more than contirms my worst fears, an<l 
 fully justilies the somewhat strong nnnarks made by myself on the hustings, 
 ut the Saint .lohn Court House on the 14th November last. 
 
 Permit me, in reply to your remarks, as briefly as possible, to explain the 
 following, which 1 feel .assured will, upon re-examination, be found su!)- 
 stantially correct, and will convince you ancl the other Minister^ of (Canada 
 that tliis Saint .lohn Penitentiary matter, if already disposed of by Parlia- 
 ment, has been disposed of in a manner the exact opjtosite of e<|uitable. 
 That the tract of land situate in the Parish of Simonds, in the(,'ityand 
 County of Saint John, upon which the prison known as the Saint John Peni- 
 tentiary now stands, was in the year ISJS purchasetl by the .Justices of the 
 Peace for the said City antl County of ^''aint .lohn, for the purpose of erecting 
 thereon a House of Correction ftf the City and County. 
 
 That betwecsn that period and the year 1841 a stone building, which loims 
 part of the Saint .John Penitentiary as it at present exists, together with a 
 residence for tlie Keeper, and other subordinate buildings, were erected by 
 the said Justices. 
 
 That in the year 1841 the (Jovernment and Legislature of New llrunswick 
 feeling, as the Act says, the <>:reat benelii which woidd arise from extending 
 'the advantages of the Institution to the whole Province, caused an Act to 
 •be passed to authorize its sale a^'i transfer to the Government. 
 
 That, conse((uently, under ana by virtue of the Act of Assembly of Xew 
 Brunswick, 4 Vi(\ Cap. 44, the said building so erected by the said .Instices, 
 with the tract of land and i)remises aforesaid, were surrendered to Her 
 Majesty the (.^>ueen, and then became and were used and known as the Pro- 
 vincial, House of Correction, and subsequently as the Penitentiary of New 
 Brunswick. 
 
 That piirtof the terms of ti'ansfer made and agi-eed upon by fui<l between 
 the said .Justices and the Province of New Prunswick, was the leseryation 
 to the said .Justices of the right in perpetuity to commit to the said Ho ise 
 
 • of Correction all vagabonds, suspicious and disorderly persons, within the 
 said <.'ity and County, and the further right in common with all the otlifr 
 Counties of the Province, to cause all persons sentenced to imprisonment 
 with hard labor, and conlined in the County Gaol, to be removed theiefrom 
 to the said House of Correction or Penitentiary, as by reference to the 14th 
 and l')th Sections of the said recited Act, will more fully appear. 
 
 That up to the time of the Confederation of the Provinces, the rights thus 
 reserved and secured to the said City and County were never questioned, 
 but on the contrary were fully recognized and maintained in the year 1854 
 by the (Jovernment and Legislature of New Brunswick, as will appear b/ 
 reference to the Revised Statutes of the i'rovince passed in that year, Chap- 
 ter '.11, Sections 12, L'l and 14. 
 
 Tnat under and by virtue of The British North .\merica Act of lS(i7, and 
 a subsequent Act of the Dominion Parliament, viz., ;}1 \ ic. Cap. 7.'), the 
 Institution and premises above mentioned jiassed over to the Dominion of 
 Canada, and that from that hour the Dominion held that property on ex- 
 . actly the same terms as the I 'rovince of New Brunswick held the same at 
 the time of transfer. 
 
 That in 18()9, by ;>l2. X] Vic. Cap. 20, it was enacted, that imprisonment 
 for any term short of two jears should be in a Common Gaol, or some prison 
 
 • or place other than the Pimitentiary, but by Section 'JG of the sameC'hapter, 
 the Provinces of Nova Scotia and N'ew Brunswick were exempted from the 
 
 • operation of this Statute. 
 
K • r-» r~ 
 
 8 
 
 That in I^^Tn, by .;.'; \'ic. Cap. Hn, the oxerai>tion was repealed, suhject tc 
 tlio jiiovisions that such ropoal should not takeeHeot hi the case of ono year 
 Convicts, i)ri()r to th*- Lst May I Si;! and for two vear Convicts, i)rior to 1st 
 May 1-71. 
 
 Tiuit in lS7;i. hy :;('. \'ic. Cap. ')2, tlie periods nhovo named were linthe! 
 oxtiTidi'd, tliat is to say. in th(> case of one year Convicts, to 1st May, IsTo, 
 and in the case of two year Convicts, to Ahiy |n7i'>. 
 
 'I'liat ihinies A. Harding, Esrjiiire. and the writer had the honor of meeting 
 the HonorahU" Mr. I'ournier, tlie ^Nfinister of .Justice, at < >ttaw,i, in refcienee 
 to tliis iinjiortant matter, and at the time suhniitted a Memniial fioni the 
 Sessions of the City and County of Saint -John, from which document a large 
 portion of the above has been taken. 
 
 IhaL Tarliament subseijuently extended the time for short term Convicts, 
 as will more luUy appear by reference to the Act of I'arliameut, to which 
 you refer in your communication of the ',Uh instant, ui) to the date when 
 the new renitcntiary for the ^farltiir,!! I'rovinc -s, now being constiaicted, 
 shall have been completed and ready for occupation, located in J)orchester, 
 in the <.'uunty of Westmorland, in the Trovince of New J'.runswick. 
 
 That it is a matter of rul)lic Faith that the rights reserved to the said 
 City and County should be sj^ecially regarded and maintained by Canada, 
 as they doubtless would have been by New Brunswick had the Confedera- 
 tion of oiir Provinces not taken place. 
 
 That a reference to the statistics of the said Penitentiary, fi'om its estab- 
 lishment, will shew that fully ninety per cent, of all the; prisoners sent 
 thereto are from the seaport <'ity and County of Saint Johii, and that of 
 these about ninety i)er cent, are uniler two year convicts, and hence that 
 the surrender of tiie whole property with its equipments, as it now stands, 
 will be no fiiir equivalent for the vested rights of the City and County of 
 Saint John, as above described. * . , » * 
 
 I have the honor to remain, faithfully yours, 
 
 J{('>BEHT MARSHALL. 
 
 i 
 
 (Jttaava, Gth January, 1877. 
 
 r>i:.\n SiK, — I have to acknowledge the receipt of your letter of the 3(ith 
 ultimo. 
 
 The statements you made are, 1 observe, substantially those which have 
 been made in a Memoiial formerly jiresented to the Covernment on behalf 
 of the -lustices. 
 
 r am engaged in considering the whole (luestion. 
 
 Yours truly, 
 
 EDWARD BLAKE. 
 II. Maksmam-, Esq., M. P. P., Saint John, N. B. 
 
 Your (!'ommittee would also state that the papers furnished by direction' 
 of His Honor the Lieutenant Governor, agreeable to motion, have had care- 
 ful attention. The following is a copy of said motion, to which is added a 
 list of papers furnished : — 
 
 Schedule, Gth April, 1844:. — Declaration of transfer of Penitentiary to 
 
 In briefly reviewing the facts in relation to and in connection with this 
 institution, your Committee would respectfully urge — 
 
 'fhat in the year A. D. 1844, the City and ( ounty of Saint John arranged- 
 to transfer the said Establishment, then known as the House of Correction 
 of the City and County of Saint John, to the ' Jovernment of the Proviuce 
 of New Brunsvdck. 
 
9 
 
 '^\ 
 
 That, alUioii;.'!' tlio said rrovincc .'issnnii">(l control of tlic siii>l Ifousf of 
 < 'oiit'Ctioii in tlir y«'ar A. J>. I^4■_^ it diil iioi sfriiiv lull. iuin[ik-tt' rind abso- 
 lute roiitrol 1( L'ally until the ,v»'ar A.J.'. I.>ll. 
 
 That orir of tho t«'rins of tnin.sffr was, that in ))Ci'itotiiity -hort trrm 
 prisonois, as well as convicts, wcic to !••> caicil for at the sole i-xju-ii^c of tl>t> 
 said I'roviui-c ot Now IJriinswick, as far as the City anil County oj Saint 
 •Irhn wcin lonta rnod. 
 
 That this i>i ivilc^c, vi/.- that .short term piiscnors, a.s well as convicts, 
 were to ijo cured for in jierpetuity by the said Province of New Uriui^wicU, 
 at the sole e.\)ienso ot ^aid I'rovince, — was .suhsenuently extended to all 
 l)arts of the I'lovince without any reservation of any nature or kind soever. 
 
 That in the year A. 1>. IS,")L', the City and County of Saint .lohn was ob- 
 liged to ask the Le<,'islature of New jJrunswick for authority to assess and 
 collect from the ratepayers of the said City an<l Connty of Saint ,Iohn the 
 sum of eight tliousanil dollars, beinijr a balance still due lor e\iiendituie in 
 connection wiih the said House of ( orrection above and beyonil the amount 
 received by former ass(;ssment upon the ratepayers of the said City and 
 County, as well .as above anil beyo/id the amount received from the said 
 Province of New Branswick under the arran;;"ement for the transler of said 
 Institution as aforesaid. 
 
 That nj) to the year A. D. l^t'is^ the rights reserved to the said (^ity and 
 County of Saint -lohn, as well as to the res]»eetive Counties throughout the 
 Provmce, were never iniestioned, but were on the contrary fully recogni/ml 
 and maintained in the year A. 1). IS'tl by the (lovernment and Legislature 
 of 2se'.v Ih'unswifk, as will appear by reference to the Uevised Statutes of 
 the Province passed in that year. 
 
 That The British North America Act of l^C-T, Cap. ."I, intituled "An Act 
 for the I'nion ot Canada, Nova Scotia and New Brunswick, and foi' the ;j;ov- 
 ernnient thereof, and for purposes connected therewith," provided amongst 
 other mattei's and tilings, that the establishment, maintamence anil man- 
 agement of Penitentiaries, shall devolve exclusively upon the Parliament 
 of Canada. 
 
 That in tliryi-ar A. I). iSG'.t. the Parliament of Canada enacted, that im- 
 prisonment ibr any term shoit of two ye-MS, should be in a (Jommon <lao)| 
 or Some Prison or place other than the Penitentiary ; but the Pi'ovince of 
 Xew Brunswick was exempted from the operation of this Statute. 
 
 That the fifth annual report of the Directors of I'enitentiaries of the 
 Dominion of Canada for the year 1872, made the following recommendation, 
 viz.— "if it be decided to continue the J'enitentiary at Saint .lohn, the 
 Directors beg leave most earnestly to .advise that the committal of vagrants 
 and prisoners under short sentence.s, should be discontinued. This practice 
 is subversive of discipline, and greatly impedes the reformation of the con- 
 victs, by their unavoidable intercourse with those who are so fre'iuently 
 convicted for ])Ptty olFences." Your conunittee beg to submit, that the 
 arguments of these Directors, although from their stand-point reasonable, 
 do not oli'er any good reason why the Parliament of Canatla, in contraven- 
 tion of existing rights, as hereinbefore fully stated, and without fair and 
 reasonable inilemnlty, transfer the great burden and expense of caring for 
 these short term prisoners, from the Central Government to the Ixscal Gov- 
 ernment of the I'rovince of New lirunswick. 
 
 That the legislation had in Canada in the year A. D. IS7(I, as well as> in 
 subsequent years, with a view to the transfer of short term prisoners from 
 Dominion Penitentiaries to local places of imprisonment, is imfair to the 
 tax-payers of the Province of New Brunswick, and at variance with the 
 .spirit and the letter of The British North America Act of 1SG7. 
 
 That a reference to the resjjective annual Iteports of the Directors of 
 Penitentiaries of the Dominion of Canada, for the several years since the 
 Confederation of these Provinces, will exhibit the relative proportions of 
 
r— f— r~% r- K I r ^ r; 
 
 long and 
 ioUows :- 
 
 10 
 
 short term prisoner.- confined in the Saint John Tenitentiary, as 
 
 Year. 
 
 18G7 
 IRf'.S 
 lS(i9 
 ISTO 
 1R71 
 1S72 
 1S7;) 
 IS74 
 l87o 
 1S7G 
 
 Total. 
 
 Ix)ng Term 
 
 i;;i 
 
 27 
 
 ln4 
 
 29 
 
 s;i 
 
 32 
 
 7U 
 
 '35 
 
 74 
 
 30 
 
 84 
 
 28 
 
 ir>4 
 
 31 
 
 104 
 
 36 
 
 iUS 
 
 ^ 54 
 
 I(V2 
 
 74 
 
 Short Term. 
 104 
 
 :>] 
 44 
 r4 
 r.f) 
 
 I •) 
 
 cs 
 
 ."<4 
 
 From the increase shewn in tliese returns it is reasonable to arfvue that 
 by the year 1878, the number of prisoners of the short term class will be at 
 least one hundred. It is a '.veil established fact that short-term prisoners 
 are the most expensive to maintain. The average cost per head at the St. 
 John Penitentiary for ls70 was $177.83, and for 1875 it was $247.03. As 
 the above shews the averaoje cost for long and short-term prisoners, and as 
 short-term prisoners are admittedly more expensive than long-term prison- 
 ers or convicts, it would not be unreasonable to estimate the cost lor short- 
 term prisoners at an average of $200 each, which for one hundred would give 
 $20,000, which sum capitalized at 6 per cent, wonld mean $3.;4,00ii ; and if 
 this great burden be thrown upon the Province, the expense would be rela- 
 tively apportioned somewhat as follows: — Say, eighty per cent, upon the 
 City and County of Saint John, and the remaining twenty per cent, distri- 
 buted over other Counties throughout New Brunswick- 
 
 That inasmuch as The iu-itish North America Act devolves the burden of 
 criminal legislation on Canada, thereby enabling the Parliament of Canada 
 to determine what offences shall be punished by short terms of imprison- 
 ment, and what by longer terms, it would only appear reasonable that the 
 (fJovernment of Canada should continue to admit into the ne'.v Penitentiary 
 for the Ma;'itime Provinces, now being constructed at Dorchester, such pri- 
 sonsrs or convicts, whether for short term or longer term, as liave since the 
 year 1842 been admitted into the Institution now known as the Saint John 
 Penitentiary. 
 
 That if, undercolor of legislation under which the rights of New Bruns- 
 wick were not protected, the Governor (Jeneral in Council decide to throw 
 the burden of short term prisoners upon the respective Counties of New 
 Brunswick, it will be the imperative duty of the ( ioverninent of Canada to 
 indemnify the Province, taking into consideration that the interest is a grow- 
 ing one, and that the expense will increase year by year. 
 
 That the importance of tbis matter, in the opinion of your Conmiittee, 
 demands tfie earnest considei-ation of His Honor the Lieutenant Governor in 
 Council, lo the end that the interests of ther'ity and Cnunty of Saint John, 
 as well as the interests of the other Counties of the Province, may be con- 
 served. 
 
 Respectfully submitted. 
 
 ROBERT :\rARSHALL, 
 WIIJJAM ELDER, 
 BEN.I. P. STEVENSON." 
 
 Ordered, That the Report bo accepted. 
 
 It .appears only right, to state just here, that tiie General Quarter Sessions 
 of the City and County of St. John, had during the years I s(J«t and 1870 given 
 
 A 
 
 wi^i"H' I^Wip^ 
 
A- 
 
 '^*^« 
 
 11 
 
 this matter very careful consideration, which resulted in the appointment of 
 a Committee to proceed to Ottawa to confer witli the (xovernment of the 
 Dominion with regard to the matter. The report of this delegation is as fol- 
 lows : — 
 
 To thr Miijinr (dill Jii^tirrn of fhr /'ii(<-e in and fur ih> ('il^j nwl Coiinfii o/ S'ldnl ■Inlin id 
 (iewriif <Junitt f SeHHioin, coiivinrd .• — 
 
 The Conunittee Hptxiintcd to prouued t ittiiw.i on in itters connected with the Poniten- 
 tiiiry, respecttully submit : — 
 
 TFiiU in (•()mi)li!ince with a Resolution passed at ii specinl Sessions held in Januiry last, 
 referrinfr to the I'enitentinry in this County, thcjy proeeedetl to Ottawa and rrived there on 
 tlu! :'rd F<;l)niarv last, and wero called upon by tlie llonble. 8 L. - ilh:y, the representative 
 ■ot this City in the Dominion I'arli.unent and one of the .Justices of the City nnd County of 
 yaint John wlio anticipaiiiiir their arrivaU had made arranirements to secure an early inter- 
 view with the rionorah!? the Minister of Justice On t!ie next d ly. accompanied hy tho 
 Hon Mr. I'illey, your Com'nittec had the honor to lay before the .Minister of .lu-.tico in the 
 fullest inair er the (daims and money intcre.sl wliich the City and County id Stint .iohn had 
 in the I'enitentiHry, supported hy the Laws of the Province «»f New Brun.-wick. in existence 
 •priorto the Confe leration of these Provinces, in reference ti. the .same tnd t ) the rijjht.s 
 therein conserved to us of .sending (criminals for minor ortences there, ^\'lu■rcullon the lion 
 the Minister of Justi.^e admitted we had claimsi and rcouestod your Committee to confer with 
 the representatives (d'the Province of Nova s^ectia una New Brunswick having seats in the 
 Dominion Council a d urjre them to concur in some scheme that would place I) dh Provin- 
 ces in a positi<ui to beliiially treated by the Dominion. Your Committee sMcceeded in inter- 
 viewing the resriective representatives mimed, and were ussnred that a recommcndiitinn to 
 the Dominioo Council would be proposed to build a Peuiteiiliary I'lr the two I'rovinces, as 
 sufCKestcd in the Report of the Inspector of Penitentiaries in IsOS, and to treat with the 
 ^essions of tins City and County with reference to oui Peniteniinry The result of the pro- 
 ceeding in Coancil wius communicated to your Committee on the I'.ili Felnuary iiy the lion. 
 Mr. 'iillcy, who informed them that the Council had uuanimousiy agreed to the fame aJ! 
 recomtnetiilod iiml that a memo would he forwarded to us through the Dominion Minister 
 of Justice, which has not yet coma to hand. 
 
 Your Comiiiittee having no authority or in.<tru<dion to treiit for the transfer of the build- 
 injfs and proi)erty to this City and County, could take no lurther .iction in the mat'.er. 
 
 RespBctfuily submitted, 
 
 (SigBcd) W. li.A. KEANS, Irnmnntte., 
 
 J AMKS A. llAUDiNO. l Committee. 
 St, John ,Y //.. M«r'li 1S71. 
 
 At a .special meeting of the .'^aint John ]\ragistr9tos, held in the Court 
 House, in !Mareh iSTi, tlie above report was received and oral explanations 
 were made, from 'vhich the .Justices inibrinally learned that the Govern- 
 ment of Canada recognizeil the vested rights of the City and (-'oimty ot St. 
 John as well a"^ of the other Counties of the i'roviiice in the Institution, 
 and that it would not be unwilling to transfer, in the near future, the " St. 
 John L'enitentiai y with its equipmenf" for a discharge cif the Bond and 
 Mortgage now held by the above named Coiuiti?.-;. At first bliisli this oiler 
 appeared most reasonable; but upon lull debate being had, the writer (Mr. 
 Miirshall) and othei' Magistrates present, in srrong language, as.-erted that 
 to accept this informal oiler would I)e to take from Canada an " liixlihitiviC 
 which would prove an " Ehj)liant''' on tlic hand-; of our rate ptiyers. So 
 there th(! matter ended at that time ; the '• Sessions" almost mianimously 
 Jioldino; the view of tlie matter indicated by tlie foregoing statements. 
 
 Subsequently, say in October ISTl, the Provincial Covernment through its 
 '' Batter Terms Dehijatioti,''^ took ground very similar to that aheatiy taken 
 by the Sessions in the premises, as will nnie fully appear by reference to 
 the report of the Delegation, published in the Journals of the Province of 
 New Brunswick. 
 
 In .January, lS7o, Sherilf Harding and the writtfr, wei'C a Delegation 
 to Ottawa, in reference to the matter, iind on their return made the follow- 
 ing report to theCeneral Committee of the Ceneral (Quarter Sessions; 
 which had been jippninteil, with almost plenary powers with regard to the 
 adjustment of this important matter, viz: — 
 
 St. .Ion v. N. p. .:!(d)i .l.an., I.S7">. 
 <li)>'Jf,iii lu-lho. Memoiial of the .'»es-.iuiis of the (^ily mid t'ounty of Si.int .loh i 'o His 
 Kxeellency the Ci)veriior (Jeneral, ami other papers reliiting to the JSaiiit .lnlin I enitentiary 
 .under ojve,- Iroui the C.erk of the I'e.icc, were received by us on the eveuiug of the :!Jud 
 
 :i 
 
•— r- r->» r- K I r^ rr 
 
 12 
 
 inst.'int, ;i • wr were i.rei'iiriris to lc;ivo Ottawii for Faint John, too Iti^e for u? without ereal; 
 dfliiy to folidw the tiiriiial course, auil we ciidenvored to luirsne the next i)rst. 
 
 llcrniii^iiii;; over ii d;\y, wi; were kindly tuoonled an interview with the Minister of Justice 
 smit tlie -Mini.-ter of Cn-touis, Inr the forenoon nf thei'.'.rd. W'lien we suoinitu^! the papers 
 lorwaraeU, an>l ;-.,s'i.-teil by .Mr Justiee Klder who was in Ottawa at the time, I'xplained to 
 thciii our rJKiits aixl i.o.sition a- a City and County in that institution, 
 
 \\'h( rcupiui the Miuist r of .(utitice informed us tliat the Dominion (iovernuieiit had un- 
 iler eonsi'ieriiti.in tiie huililiii« of a Penit'-ntiar;.' for the Maritime I'rovincis :>nd that he 
 woiihl recommend to the favorahle i/ont-i'leriition of his (••jlleasues the extension of tlie time 
 lor oursuniiin;: sliort-term iriminals to tho Penitentiary, sutVicientiy lonsr to cnalile them to 
 <'omr>ie:e ih:^ inopcsid .Mai itliue J'cniteiitiary, and that at tho end of such time the present 
 institution \h) !)lai'ed in sucii a, posit ion as will conserve; to us out kica! ri<irht3 and enal)le the 
 s-ame In lie used as a Central I'lison for this District. In all wtiich the Minister id' Custom.^ 
 foneurrcd and the ^liiii.sier of Marine sind Fislieries being seiiaralely soon a!,'reea. 
 
 Kespectlully submilted. 
 (Signed) .TAMES A. HARD TNG. 
 
 ROBERT MARSHALL. 
 
 To the Coiinuitt' c the .'-^(ssions of the City and County of .lohn on mattcn relating to the 
 l'enii,ei,iiary. 
 
 At llu; clo-o <;f [\ui Session of 1S77 it was understood tli:it dtirinfj recess 
 the (iovfriinienf wouid .<;ive the report of the ('onimittee on tills '* Peniten- 
 tiary"' mutter the attention which its iniport.-vnee might be found to demand;, 
 and accoriUnsrly on the 'JBtli February, 1.S7S, His Honor tlie Honorable 
 .Stimiiel L(H)n:ird Tiiley, C. B., Lieutenant (Jovernor of the Province of New 
 Drunswiek, in his Speech at the opening of the Legislature made the follow- 
 ing remarks : — 
 
 " I have caused renewed representations to be made to the Government at Ottawa con- 
 cerning the cliijm of the I'ruvince to the .sum of one hutidred anil fifty thousand dollars, in 
 respect of the I'lastern Extension Railway. 'J'his matter was bnmjrht under tiie coi sidera- 
 tion<d'the Doiuiuioii Government in the month of December. 1874 and no conclusion having 
 been rca lied I (Ueiiietl it tidvishble to send Members of my Government to Ottawa, early in 
 the present Sessioti ot Parliament, to endeavour to obtain throuffh the cn-operation of the 
 Senators and Members of th- Douse of Commons representini^ tho Province, ti. settlement 
 of this and other matters. I am glad to be able to say that, with few exceptions, tlie Mem- 
 bers reprcseiiling the Province cordially eo-operated with the Members of my Government, 
 
 •■i' * i/. * * ;•; :;■ 
 
 " Reificsentatioiis were also made on' the subject of the Penitentiary Act. so far as it re 
 liites to thi* Province On this subiect I am oi ojunion that undf;r the Act of Union the 
 (iovcinment of Canaila should at least in this Province provide IV r the imprisonmc^nt and 
 itunislimeiit in the Penitentiary of all persons who may be sentenced to imprisonment with 
 hard labour. The jiapers on these several subjects will be laid before you." 
 
 From these pa]»er«, which fully endorse the position indicated in this let- 
 ter, I submit the following extracts, viz: — 
 
 OttaM'a, llth February. IS'S. 
 The Ilonoral lo R. W. groTT, Secretary of State, Ottawa. 
 
 Sir,— We liave the honor, at the instance of the Government of New Rrunswick, to draw 
 attention to the existing legislation respecting Penitentiaries. 
 
 ******* 
 
 Wo also desire to point out that the Saint .John Penitentiary, then known as the Saint 
 John House (d'Oorrectian, was taken by the Piovince tis a Provincial Penitentiniy in the 
 year ^s^2, and thiit connected with tho financial arrangements it was atrrced on the partof 
 the Piovince that all persons convictc'l of minor oftence* in the City and County of Suint 
 John mifiht be iini)risone(i in the Provincial Penitentiary. 
 
 The Duiiiii.ion of Canada havin;? succeeded to the ownership of the Penitentiary, it is 
 urged by the Muniiipal iiuUiorities of Saint John with apparent conclusiveness, that tho 
 Dominion authoi itie.s should carry out th'- arrangement entered into between the City ami 
 County and the Province, and the observations already made as to tlie general subject arc 
 iiliplical)le to this xpecial claim as well. 
 
 We would relur to the Kcjiott of the Assemlnly Committee as setting out the facts in this 
 connection. 
 
 The whole matter is one of great importance to the people, not only of the City and 
 County ot v""aiiit John, tut of the cnvire Province. 
 
 Ill submitting this matter lor consiilertition, we claim— 
 
 /■Vr»'— That ;he Act .'i.'Jrd Victoria, Chaptered, does not carry out the spirit and intention 
 of the Act of the Ihiion, and that under the terms ' the establishment, maintenance and 
 management of Penitentiaries," Canada is liab e lor the care of all prisoners punishable 
 under liie (■riminal Liiws of Ciinaiia, wheher sentenced lor two years or under, and that the' 
 Dominion Pa,rliaineiit cannot relieve itself from this bu den by any legislation. 
 
 (S'txiic/- that in the cajo of the Saint John Penitentiary, the Dominion (lovernuient i.i 
 vested with the property of that Institution, suject to the right of the City und County of 
 
13 
 
 Saint John to have sill its short tf«rm i riHonor.^ carod foi- f'lprcin. ;is pr'>nu!icd in the agree- 
 ment bptweon the Province Jiml the City and (,'ount.v "f Saint John 
 
 y/i (■;•./. —That theSaint John Penitentiary be retiiincd \ v the Pominion aiithoriticts for the 
 short term iirisoners, as at prepent, or that, savinsr the rifrht ii* exi.-Mnt,' at the time of Union 
 to send minor '.tfonders to the Saint John P(.'nitcntiary. all persons convicted upon indict- 
 ment be confined in tne Saint John Penitentiary or tlie Iturchester Penitentiary, according 
 as the Dominion may see tit. 
 
 Fourtli—'l'hit in any event such provision should be made as woulil prevetit there l)eing 
 thrown upon the Previni;e, or any of its Counties, a burden not eonteniiilated by tie Act of 
 Union, 
 
 i\e pcctfully asking for this matter the favorable consideration of the Privy Council. 
 
 We have the honor to be. Sir, your obedient servants, 
 
 R. i'OUXf;, 
 J NO. J AS FRASKll, 
 J. II. CKAWFuRU. 
 
 On the 19th A[!irch 1878, the Penitentiary matter was .iiriin referred to 
 and on motion of the Honorable ilr. Fraser, seconded by Mr. Marshall, 
 
 Hexohifil, That a Committee be appointed on the part of this Ifousc to join the Coinmitteo 
 appointed by the Honorable the Legislative Counrii to t:ilie into consideration and report 
 upon the iMess^ijre (d" tiis ilonor the Lieutenant (Jovernor to tliis House, olthe \1\\\ of March 
 instant, in reference to the subject of Eastern Extension, Provincial Penitential y, and 
 Tracadie Ln/iretto- 
 
 Orili i-'ily 'that the Honorable Mr. Frnscr, the Honorable Mr. Crawford, Mr. Covert. Mr. 
 Willis, ami Mr. Marshall, do compose the said Committee ; 
 
 And on th(i 2Sth idem the Honorable Rlr. Fniser, from the Committeo 
 appointed on the 19th day of March instant to join the < onimittec of tho 
 Honorable the Tiegislative Council, to take into consiileration and report 
 upon the ^[essage of His Honor the Lieutenant Governor to this House of 
 the 12tlj of March instant, in reference to Eastern Extension, rrovinei.al 
 Penitentiary, and "^rracadie Lazaretto, submitted their Be[)()rt : which was 
 read as foUoweth : — 
 
 I'ltiiiHiUtce Room, 2i''tli Mdi-i-h, 1878, 
 
 ''The Conimittee appointed on the part of this House to join the Committee apriointeil by 
 the Uonorahie the Legislative Council, to take into consideration and report upon ilie Mes- 
 sage of His Honor the Lieutenant (iovernor to tbis House of the l^th of Miri'h instant, in 
 reference to the subject of Easte-n Extension, Provincial Penit"Hiiary, mid Tr;i(%idie Lazar- 
 etto, be;; to report— riiat the Committee had met and prepared a <iraf't of iin Address to be 
 transmitted to His Excellency the Governor (ireneral, which draft Address the Committee 
 beg to submit herewith. 
 
 Respectfully submitted. 
 
 JNO. J AS. ERASER, 
 EDWARD WILLIS, 
 ROBERT MARSHALL, 
 JOHN S. COVERT, 
 J. H. CHAWFORD." 
 
 This address is a comphste reiteration and endorsement of the stroui^ 
 position taken l)y the (^luirter Sessions of the City and County of St. John 
 in 1809 and 187(), aiid siibse(|ueiitly by the said Sessions and the Provincial 
 Government and other authorittes ; and the same has bicii U'lanimously 
 adopted by both brimches of our Provincial Leo:islatur(!. 
 
 'J he following is the olHcial report of the writer's remark-; an(nit this 
 question, nunle on the 1st March last, iluring the discussion on His Honor's 
 Address. 
 
 AIu. Mar; :;.\i,L said he felt tltat the#Eastern ExtcMisiou Claim was 
 ii righteoirs one, the payment of which the people of Ciuiada would en- 
 dorse. The St. .lohn Penitentiary claim was, howevtn*, one which seemed 
 to him even more important, for it involved iipro.-pective expenditure every 
 year which, if capitalized, would represent not .SoO),UO(» l)ut ntfarer $100,- 
 000. lie tlierefore cordially endorsed the ninth paragr.iph of the Aildress, 
 which related to tlie Penitentiary, believinjr it to be but the echo of the 
 spirit and moaning of the British North America Act, and of the under- 
 
»— f— r— » r- K i 
 
 ¥£ 
 
 
 &. 
 
 14 
 
 Htandinc: of tlio Qncboe Conference on Confederation. The Penitentiary 
 laws of the sevf ral Pi evinces were entir(>ly diflerent in some of their pro- 
 visions, and at Confederation express provisions were made in the Act by 
 which Ihe rijrhts of the Province were preserved intact so far as tli(! care of 
 its Penitentiary j)ris()ners were concerned, and if it liad not been for the 
 idea of economy in tlie niaintcjiance of Penitentiaries whicii su<r;^estnd the 
 Central Prison for the Maritime Provinces, the system of caring for tlie 
 criminals of New lirunswick would liave remained as it was prior to the 
 Union. The Minister of Justice found that it was necessary to secure 
 Icfrislation to more clearly ddlne the law relatin<; to convicts in Ontario 
 and t.>u<;bcc. so tiiat criminals sentenced for terms under two years mio;ht 
 be incarcerated in central prisons, yet while makino; these strict provisions 
 be cai-efuUy j'^narded the well understood arranj^ement with respect to 
 Nova Sic'otia and New Brunswick, /. c. tliat prisonia's sentenced with hard 
 labor, without rcjference to the term of their im])iisonment, should be eared 
 for in the Penitentiaries at Dominion expense. 
 
 He quot'd lartjel y from the report of the Committee on St. John Peni- 
 tentiai-y submitted last year, and said that when the Delegation of St. John 
 Sessions appointed in .January, 1871, visited Ottawa and presented the 
 claims of the City and County of St. John, as well as the other Counties of 
 the Province, that convicts sentenced with hard labor, should be cared for 
 at the expense of the Dominion, the Government of the day unhesitatino^ly 
 realized the reasonableness of their contentions, and stated to them that 
 provided tlie said Delegation would at once procure from the Sessions 
 plenary powers to negotiate and close the matt* , the Government would, 
 at once, mnk(^ :in Order in Council to the eff.ct that when the contemplated 
 Central Penitentiary for the Maritime Provinces about to be erected was 
 com))l(?ted, they w^ouhl liand over to the Ses'^ions ot St. John and the other 
 Counti(>s of the Province, tlie institution known as tJK! St. John I'enitentiary 
 with its extensive jji'ounds and equipment, as a full indemnity for the 
 liability of the I'rovincc of New Brunswick to the Citj' and Count}' of St. 
 John at the tim(^ of Union, which in terms of the B. N. A. Act had been 
 assumed 1»\' the Dominion of Canada. The Delefration telegraplied the ofler 
 to St. .lohn and received an unfixvorablo i*eph', and on their return a 
 freneral meetinjj: of Sessions was called to receive their Pvcport, when he 
 (Mr. Maishall) while recognizing tlie able manner in which the Delegation 
 had discharged their duties, claimcl that to accept the ofler in lieu of the 
 bond and mortgage which the Province held would be to accept a huge 
 elei)h;mt entailini:,' an annual cost for maintenance and management exceed- 
 ing 6-' V'"*^ *'' year, and that would be a growing charge. The i)ropositiott 
 thus made was voted down almost unanimously. Subsequentl}' he (Mr. 
 Marshall) and Sherifl' Harding visited Ottawa, as a Delegation in connection 
 with this same matter, when Mr. Fournier, then Minister of Justice, rjade 
 the same oiler as the above — an attempted injustice originated by the late 
 Government and continued liy the pre-ent one. The Blue Books valued 
 the buildings at .'j*! 10,000 and' including the land connected therewith at 
 $250 an acre, but it would not bring more than $10,000 if sold to-day, for 
 the establishment was antediluvian in all respects, and if the Province 
 M'ere obliged to care for its short term prisoners it would be the cheaper 
 and better jwlicy to erect entirely new buildings. He hoped every possible 
 means would hv. taken to inform llie pcoi)le of the Province in reference to 
 this important matter which involved much greater interests than were gen- 
 erally I'ealized. 
 
 On tlie Tith -lanuary, 1877, the Hon. Edward Blake in a letter addressed 
 to the undersigned, stated that ^'hc loas eng(t(jeil in consider in [ft lie whale ques- 
 //o?i.'' 1 1 was whispered at ( >ttawa, last winter, that Mr, Blake, now Ex-Minis- 
 ter of -lustice, had made a voluminous and laboured report upon this question, 
 inimical to the just clainjs of this Proyince, admitting, however, as he wa» 
 
 H 
 
'^ 
 
 lo 
 
 forced to do, tliiit a claim did lie as regards the City of St. John, against 
 the Institution, by viituf of its implied Bmul and Mortgage ; but arguing 
 that this liability of the Province of New Brun-.wick, if it had been consid- 
 ered at the (Quebec Conference would ratuially have increaaed the debt of 
 the Provincej and that as this had not been done we cannot now oi)en up 
 the matter. A greater fallacy could not have been advanced, as it is well 
 known that the relative value of the I'enitentiary properties uf each Pro- 
 vince was not at all considered by the Delerjates ; but that the Central 
 (lovernment accepteil the several Penitential ies of Canada and they were, 
 imder the terms of Cnion, to be respectively administered and maintained 
 at the expense of the Dominion. This contention is fortified by the follow- 
 ing letter from one of the delegates of that day. the Right Hon. Sir John 
 A. Macdonald : — 
 
 ToKON'To, ISth May, 1S7S. 
 
 SiK, — In answer to your favor of the 'Jth inst., I have to state that at the 
 (Quebec (Jonference the Penitentiaries in each Province were agreed to be 
 handed over to the T)ominion Covernment. and to lie maintained at the 
 expense of the Dominion. No valuation of the properties was made at the 
 time, so far as my recollection serves me, 
 
 I am, yours very obediently, 
 
 lolIX A. MACDOXAr.D. 
 Kor.KRT MArvSHAi.i,, Es<i., M. P. P., St. John. N. 1'.. 
 
 I may further add that I have seen another of the Dele<?ates who verbally 
 said to me that my contention in this regard was correct. 
 
 Learniiij:; ineidently a few days ag;o, that it is the intention Id nnnove the 
 Convicts or Prisoners sentenced for over twu years to the Dorchester 
 Penitentiary tills fall, I have felt constrained, althouj^h at considerable 
 inconveniene*', to collate this information, so tliat our tax-payers may 
 each, for himself, have an o^jpoitunity to consider the matter in all its 
 bearinf^s. 
 
 This question is not a party or political matter, and should, 1 opine, be 
 fairly considered and equitably adjusted on it> merits alone. To offer the 
 premises now known as the 8t. ffohn I'enitentiary over, either to the City 
 and County of St. John, or to the Province, a- an cquivahmt for our vested 
 rights, would be to hand iis over an Elepliant which would cost the people 
 of the Province at least S|<(;23,000.00 a yi'ar, and of this' sum the now 
 overbui'dened rate payers of St. John would be called upon, unjustly, to pay- 
 about iii(lO,O0O.OO annually. 
 
 Diu-injjj the past year I have sent to the otlicers of Penitentiaries and 
 Houses of Correction of tlu^ New Knjjland States, as well as to olHcers of 
 the Penitentiaries and Ibjuses of Correction of other States in that com- 
 monwealth, and have received many valuable reports, which I have care- 
 fully examined and the result has Inten to convince me that we hav( only 
 very moderately slated our ease, in the ar;j;unients wUieh have been made, 
 from tiuK! to time, wnth rejjjard to this important :ind vexatious matter. 
 
 TluMuaintenanoe and mana<i;em(!nt of the St. John Penitentiary should 
 still be a 1) )minion and neither a Provincial nor County (!har;;e, ar ■ I do 
 hope that ■>ueh a decided stand will be taken by parties on i>oth sides of 
 politics, and without reference at all to other public issues, that oiu' just 
 rights may bo considered and protected. 
 
 I have the honor to be irentlemen. 
 
 Faithfully your obedient servant, 
 
 ROBEIIT MARSHALL.