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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely Included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, II est filmA A partir de I'angle supArleur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'imeges nAcessslre. Les diagrammes suivants lllustrent la mAthode. 12 3 32X 1 2 3 4 5 6 -fii' > -?;5^^^ ■^^t^'- i @)ai) h D DEBATE IN THE mm ol anttttott!^ ON MH. IIYLAND^S CASE, WITH DOCUMENTAllY KVIDENCK AND MEMORANDA REFUTING MR. FDRTESOUK'S STATEMENT. • Ni'ii "iiini t.'im Aml'TitJitls m (lispiilaii'l" i|:iiim r.ili'iiils inoiriciita .vifri-'ii'Is .-unt. JHonfrcal : rKINTKP HY .lAMKS PTAUKE & CO., No. All PT. FRANTOI.? XAVIER STREKT 18C.0. ^^S^S^ii^^aP^ V J 85' %■ yf /y /^ ^y ■/./. ^4 r/Mf/M/^^M/f c- L DEBATE / IS THE mm ol )(B0ntmatt0 0> MR. RYLAND'S CASE, WITH DOCUMENTARY EVIDENCE AND MEMORANDA REFUTING MR. FORTESCUE'S STATEMENT. ' Nou cnlmtam Auctoritutis iJi iliaputando iiunm rutionid momenta (luasrcnda sunt." Ponlrtnl : I'RISTKn IIY .lAMI'.^ STAUKL S: ((», Nd. vi ST. I n.WaUsi XAMIiFl STRKET. 18()0. :,,=^-T^ I \ m.» i W* * - * 1 iM, . y M J< -iH i PREFATORY REMAEKS. It is a notorious fact, reflecting no credit on the authorities at home, that, with the exception of the favoured class who openly revolted against Her Majesty's authority, a British Colonist arriving in England labours under greater disadvantages than the subjects of any other power. If he has a claim on the Government for ser- vices rendered, heaven pity the poor man. He is received with chilling coldness and marked dis- courtesy by the Minister whose duty it is to protect him, and at once becomes an object of rabid hostility to all the subordinates of the different Departments in Downing Street, who take every opportunity of impressing upon him that he is not entitled to the same privileges or justice as other Her Majesty's subjects born or residing on the banks of tbe Thames. The case of Mr. Ryland affords no exception to the general rule, further than that he had the good fortune to enlist the sympathy of a nobleman, — conspicuous among his Peers for birth, talent and great goodness of heart — whose influence and rep- resentations procured tor his claims a consideration which, with justice only on his side, Mr. Ryland might long have sued for in vain. But even this powerful support, it will be found, was insufficient to protect Mr. Ryland against the malevolent and obstructive influence of an individual who, occupying the post of legal fence to the Colonial Department, has brought I iv. infinite discredit on Her Majesty's Government throughout the whole of the North American Prov- inces. It was on a brief drawn up by this person that Mr. Fortescue — only three hours after he had written to Mr. Gregory, saying that the Government had not made up their minds whether they should grant this Committee — made his statement, going over, with slight embellishments, the same objec- tions which had been so fully refuted by the Duke of Argyle, in his correspondence with Sir John Pakington, and winding up with the astounding declaration that he had been authorized by Mr. Murdoch to make an assertion in direct contradic- tion to that gentleman's written evidence on the subject. That the House, under the influence of such a statement, made by Mr. Fortescue, in his official capacity, should have been carried away, and led to an adverse decision on Mr. Gregory's motion for a Committee, is not to be wondered at. Mr. Ry- land's own friends, including Mr. Bouverie, who had kindly consented to second the motion, were deceived, and voted against him. Mr. Ryland utterly disclaims any intention of accusing Mr. Fortescue of any wilful perversion of truth, or of taking advantage of his official position, for the mere purpose of influencing the House, by a statement at variance with facts ; nor is it his purpose here to comment on his uncourteous con- duct to the Member in charge of the motion on that occasion. But what he does complain of is, that neither he nor His Grace the Duke of Newcastle conde- scended to go personally into the case with him or Mr. Gregory, which, considering that the claim ^y W^l: ^ V. was one involving the honour of the Crown, he had a right to expect. Had they done so, instead of adopting the version of Mr. Merivale, Mr. Ryland feels assured they would have revolted at the bare idea of evad- ing the question by a sleight-of-hand or exercise of official authority. In concluding these prefatory remarks, Mr. Ryland would refer to the memorandum and cor- respondence appended to Mr. Fortescue's state- ment, as fully refuting every argument used by that gentleman against his claim. / DESPATCH FROM LORD JOHN RUSSEL. k- Dovming Street 20th July, 1855. (Copy.) No. 52. Sib, The attention of Her Majesty's Goverament has again been called to the case of Mr. G. H. Ryland, formerly Clerk and Registrar of the Executive Council of the United Province of Canada. This case has been repeatedly brought under the consideration both of the Imperial and of the Colonial Governments, but no decision has been arrived at which can be considered satisfactory ; because, whilst both Governments have admitted that the claims of Mr. Ryland have in themselves a just foundation, each of those Governments has contended that the obligation of satisfy- ing those claims rests with the other. In 1846, the case was very carefully investigated by a Com- mittee of the Colonial Legislature appointed for that purpose, The report of the Committee was — " That Mr. Ryland's claims. " the justice of which has been recognized by the late Governor " General Lord Metcalfe, ought not to be overlooked ; and that " he has a right to expect that the contract entered into between " him and the Government, of which he has performed his part, " should be carried out according to its terms ; or, as that may " now be impossible, that he should be fully compensated for the " non-fulfilment thereof." In the same year. Lord Grey, then Secretary of State for the Colonies, replied to^an address founded on this Report, that " neither he nor his predecessor disputed Mr. Ryland's claim to " compensation for whatever loss he may have sustained by the " surrender of his office of Clerk of the Executive Council ;" and " Lord Grey directed Lord Cathcart, then Governor General, " strongly to urge on the House of Assembly the necessity of " their providing for the reasonable compensation of the claim- " ant." It appears, therefore,'from these, as well as from other facts connected with the case, that Mr. Ryland has failed hitherto in securing the satisfaction of his claims, not from any dispute as to their justice, but from difficulties in adjusting the manner in which compensation should be found. Considering the peculiar circumstances under which Lord Sydenham was sent as Governor General of Canada, and the large powers with which, for special purposes, he was invested, Her Majesty's Government are prepared to admit that the promise (J z-^- VIU. which he made, he had sufficient authority to make, * They ad- mit, farther, that that authority came from the Imperial Govern- ment and belonged lo his position as representati .0 of the Crown. On the other hand, it will not be disputed that the arrangement which he proposed co Mr. Ryland, and which that gentleman was induced to accept, was one exclusively connected with Co- lonial affairs, and that whatever advantages attended, or were expected to attend it, were derivable by the Colony alone. The peculiarity of Mr. Ryland's case does not depend wholly on the specific written promise given by Lord Sydenham. It is farther distinguished by the circi'mstance that that promise was given in order to induce Mr. Ryland to take a step which, on the faith of that promise, he did take, and which, otherwise, he would not have taken. He was induced to resign an office of which he was in actual possession at the time, t Thus the loss to which he has been since exposed has arisen, not merely from disappointed expectations, but from the sacrifice voluntarily made oi advantages which he had actually enjoyed, and of which he might have retained possession. It cannot be satisfactory either to the Imperial or to the Co- lonial Government that an individual should be placed in such a position from such a cause ; and Her Majesty's Government nope that the Colonial Government will readily co-operate with them in finding a solution of the difficulty which has hitherto impeded a satisfactory settlement of the case. It appears to Her Majesty's Government that this object would be best attained by the appointment of a commission to examine and report upon the fair amount of compensation which would be duo to Mr. Ryland, under the terms of Lord Syden- ham's guarantee. Should it appear from their report that a certain amount of compensation is still due to Mr. Ryland, Iler Majesty's Govern- ment would be prepared to propose to Parliament to share oaually with Canada the burden of providing for the payment ot that amo mt to Mr. Ryland. I have, &c., (Signed,) Governor Edmund Head, Bart, &c.,&c. J. RUSSEL. • Particular attention is directed to this and tlio following pasaaKO. Lord Jolni IludHid liiiving gono into the Coloiiiiil Oliicc for tlii' ('\prPSfi |iiir- posc of cnabliim tlie Governor (icncral to carry out the Act ot Piitliii'iiciit for reuniting Ihe Cnniidns, his evidence is conclusive, not oidy as to lh(.' aii- thority vested in Lord Sydeuhiini, l)Ut ii3 to tlie liiiliility of the Iui|iiriiil 'iovcrnnienl, to redeem tlie |iromi!ies and cxpectiitioiid laid out to Mr. liwiind by their Agent. t It is compensation for this loss which Mr. Uyl.md < laims of tlie hands of the UritisU Uuvcrujicut, with whose Ageut Le ticatcd fur tiiu surreudur at hi.i Otticc. ¥ CASE OF MR. MLAND. HOUSE OF COMMONS, Tuesday, July 5th, 1850. Mr. Gbe(JOBY — Sir, — I deeply deplore that the duty of bringing forward this motion for a Committeo to enquire into the case of ^Mr. llyland should have devolved upon me. I am sorry on account of Mr. llyland, because I think it would have been d>""U with far more satisfactorily by the gentleman who brought forward this motion in the late Pc/liameut, and I am also sorry because the circumstance of its having de- volved upon mo to bring forward this motion has arisen from the fact of that gentleman being no longer a Member of this House. I am certain there are many here present who remembered the industry and ability which were shewn by that gentleman. I refer to Capt. Vivian. Now Sir, the way in which this motion has come into my hands I am about shortly to state. When Capt. Vivian found that ho was to be no longer a Member of this House, he wrote to mo, as a friend, enclosing ccrtaivi papers connected with the case of Mr. llyland ; and begging of mo, if I saw that Mr. llyland's case was one of extremo hardship, to take hia place and to bring the entire ((uestion before tho House. i knew nothing, Sir, of Mr. llyland, at the time; but I did look over these papers, and I am bound to say that 1 do consider this case to bo one of the most e.\- trcmo injustice. And though I am averse at all times to bring a case of individual grievance befoiv the lluuso — though 1 think such a course ought, if possible, to be avoided ; yet I must say that when a case of gross injustice has been existing for so long a time as this has been suffered to continue, and when I see that I can have recourse to no other tribunal than the House of Commons — then, I think, I am perfectly justified in asking for a Committee o( Enquiry to investigate, to give a verdict, and, if possible, to efl^t a settlement, once and for all, of this most distressing case. — (Hear.) Now Sir, I will enter, as briefly as I possibly can, into the circumstances connected with Mr. Ry- land's claim, and as they extend over a period of upwards of eighteen years, I trust the House will bear with me in my endeavors to make this case as clear as possible. So far back as the year 1841, Lord Sydenham, then Lord High Commissioner of Canada, being intent on effecting administrative reform on the union of the two Provinces of Upper and Lower Canada, communi- cated with Mr. Ryland, who, at that time, held the office of Clerk of the Council, his desire that Mr. Ry- land should surrender that post. The office was a patent office, and its emoluments, which were derived partly from f(M»8, amounted to X*1030 a year, and by the provisions of the 4th and 5th of Wm. IV., Mr. Ryland was entitled to a retiring allowance, on being removed from the post which he then held, of jC515 per annum. Mr. Ryland replied that he did not wish to be any im- pediment in the way of Lord Sydenham's reforms ; but he stipulated at the time, that on the surrender of his office, he should cither be remunerated with an office equal in amount to the one he then held, iu regard of emoluments, or that ho should got due compensation for any loss which he might sustain. Lord Sydenham, in return, offered him the Registrarship of the District of Quebec : hut intimated, at the same time to Mr. Ry- land, that he was willing to guarantee to him that he would make good all the deficiency that might arise under the now. office, so far^as the amount to which he would be entitled on his retiring allowance was con- corned, viz., dC515 per annum. Lord Sydenham luldod, however, at the end of his letter to Mr. Ryland : — " Should tlic emoluments aiising from the employment i I I 3 which may hereafter be conferred on you exceed this amount, you will be, of courso, entitled to the excess." Lord Sydenham very prope-l; uie this stipulation, aa the office which he was abou^ .; confer on Mr. Ryland was an office that, if it had bsen continued to Mr. Ryland in the condition in which it was given to him by Lord Sydenham, would have proved to have been of very considerable value. It was an office, the emolu- ments of which were derived from fees ; and both Lord Sydenham and Mr. Ryland, I believe, were perfectly aware that if, as I say, the office had been given, or, rather, bad been continued to him as it stood at the time it came into his possession, it would have pro- duced to him, in the course of the first year, a very considerable sum of money, amounting to no less than jC20,000. Lord Sydenham was, therefore, perfectly justified in making the stipulation that Mr. Ryland should possess whatever might exceed the amount of the retiring allowance of jC515, inasmuch as Lord Sydenham was fully of opinion, as well as Mr. Ryland, that any deficiency which might hei'eafter arise between the amount of his former salary and the amount which ho then enjoyed, he would have amply recompensed by the large sum which he would derive in the first year of his new office. One thing, at all events, is perfectly clear, — that if Mr. Ryland had stood on his rights, he might have called on Lord Sydenham at that moment to have dismissed him from his office, and he might then have retirecn himself and the Governor General of Canada — of which he has pcrtormcd his part — shall be carried into effect according to the terms of that agreement ; or, as that is now impossible, that he shall be fully compensated for the non-fulfil- ment thereof," Lord Grey, on the part of the Government of the day, opposed the resolution, which was supported by Lord Derby, who pronounced the case to be ** one of gross and grievous hardship;" it was also supported by Lord Brougham and by Lord Glenelg, who declared that " in his opinion this case was one of clear and entire Tmperiai responsibility, and that the Colonial Legislature had nothing to do with it." But, as Lord Grey continued to be Colonial Secretary, nothing came of these resolutions passed by the House of Lords, in May, 1850. In the year 1852, however, a change of Government took place, and the Right Hon. Baronet the Member for Droitwich became the head of the Colonial Department. In the course of that year, the Duke of Argyle opened a correspondence with the Right Hon. Baronet ; and I must say, with regard to that correspondence, that it is as able a one as ever I read, and that those letters are well worth reading in themselves a$ models of per- spicuity and reasoning. The Right Hon. Baronet, at first seemed to consider that there were insuperable difficulties in the way of dealing with this case ; but at last, with a candour which really does him credit, he acccied to the reasoning of the Duke of Argyle, and acknowledged that a full recognition of Mr. Ryland's claim against the Provincial Government was the only course that could be adopted. The Duke of Argyle took an entirely different view. The Duke argued, and, in my opinion, argued most justly, that this was an Imperial responsibility ; and the Duke of Argyle shewed that at tlie time when Mr. Ryland was pressing his case on the Legislature, there was a fund in ex- istence which was provided expressly for the purpose of dealing with cases of this kind. This fund, amounting to i^500() a year, had been reserved by the Colony for this purpose, but was surrendered, by Lord Grey, to tlio Colonial t uio , p • • /• I maximum, income as to the correctness ot your interpretation of the agree- Htutoaby Mr. Fort«scue, ment between yourself and Lord Sydenham." Now, Sir, I ask — when you have a chief actor in this transaction ready to appear before a Committee of this House, ready to appear in a case in which your honor is at stake — ought you not to hear the evidence of this impartial gentleman ? Mr. Ryland has two claims to bo enquired into, if the Committee which I j)ropose, be granted. The first claim is, as to what is the proper view that should be taken of the original agreciuent with Lord Sydenham '■ The second claim is I I I 12 whether Mr. RylanJ be not entitled to interest on the sura of money that was ailjudgcd to him by Cliief Justice Carter, from the day on which that ailjudica- tion was made ? For it is perfectly clear that if that adjudication had been made on the 5th day of July, Mr. Ryland's claim would have been computed down to the present time. And, Sir, there is also another reason why I wish that this enquiry should take place. Hard words have been made use of with regard to Mr. Ryland ; he has been called a " pertinacious man" — he has been accused of making inordinate demands — he has been considered a kind of burr in the sight of the Colonial Ofice ; and a person who, to make use of an Irish expression, was always endeavoring " to have a pull at the Exchequer." Now, Mr. Ryland is an honest man, and, consequently, he is a proud man ; Mr. Ryland is an injured man, and, consequently, Mr. Kyland has spoken out the opinion he entertains that he has received — honestly, frankly and fairly. And, no doubt, that some of his expressions have not been as polite and as agreeable as might bs considered desirable by Colonial Office Clerks, and the petty dignitaries of Downing Street. I have no doubt that the poor Widow was no great pet with the unjust Judge, Aiid, there- fore, if my honorable friend below me thinks to put him off with a few compliments and condolences as to the injuries he has received, I can only say that the people of Canada expect a different course of conduct from this House of Commons — they expect neither compliments nor condolences, but they look for an enquiry into the case. Now, Sir, as I do not wish to occupy the ti:no of the House lightly, I pi'opose to deal with two or three objections that I suppose my honorable friend will make •with regard to this Committee of Enquiry. I have no doubt that the first objection he will make will bo that this report of Chief Justice Carter's has coni|»letelv determined the case, and, theref !V, that the thing is at, an end forever. Perhaps he will say, that in accopti,. . the Rogistrarship of (.Quebec, Mr. Ryland was enteriii^ into some speculation, and as his speculation turned out au u'.ifortunate one, that he is very sorry for Mr. Ry- la on the ^ Chief judicu- if that f July, ]own to another ;e place. i to Mr. man" — lands — It of the ie of an » have a 1 is au id man ; tly, Mr. tins that . And, t been as desirable itaiios of ,r Widow d, there- put him is to the le people I'om thia plimenta into the the ti:no or three rill make have no bo that lUjiletelv xiu}^ ia at, iccepti'.-,., entenii;^ •nod out Mr. Up- land, but really that be is unable to go any further. Perhaps he will say — for he may take the Colonial line — that this being purely a Colonial question, it is utterly unnecessary to occupy the attention of the House by entering into the subject; and tl it, even presuming that the House did report in favor ot Mr. jlyland, we should be unable to get the Colonial Gov- ernment to come to the same conclusion, or to give any t'ffect to our recommendation. Now, Sir, I demur first of all, to the supposition that Chief Justice Carter's award has settled the case, Mr. Ryland, in accepting the i^OOOO, accojjtei? it '.mdcr protest — he has accepted h pro lanlo; uiui It is no condonation — if I may use that exprrssi r, ^Is. iiyl and has accepted the i^9000, because fie hab been r Mined by the injustice to which he was subjeotej, mid because he has been naturally glad to iljr.un the means of subsistence. But in accepting 11, ii is i)erfoci]y clear that he did not bind himself to tuke no furtl^r steps. I am obliged to recapitulate in Older to endeavor to impress my case — this case of a private grievance — on the House ; because I know how dilficult it is so claim your attention for matters of this sort. But, as I said before, he demurs to the award, because, in the common straightforward view of the case, no man in his seubc? would have surrendered a pensi« a tradition of sitthltorn injustice '. Mr. Ilyland, Sir, has no friends in this countr}', except thoso few friends who feel deep sympj'tliy with him, in consequence of all that ha has undergone, and who have taken tho trouble of looking into his case. Mr. Ryland has not the assistance of the Press in this country to put forward throughout tho land the statement uf his case ; but 1 do trust that, however weak may be its advocacy — whenvcr a . In writing to the gentlemati who had submitted the case for bis perusal, he commenced his letter by saying : — ■' that it was a case of hardship ; and though he was always in favor of retrenchment, yet that, in his opinion, re- trenchment did not mean dishonesty," (Chyers.) Mr. Jackson seconded the motion. '1 ho Speaker having put from the Cliair, the mo- tion for the appointment of a Select Committee, Mr. Chichester Fortescub (nnder Secretary for the Colonics) said: — f>ir, I tliiiik the House will ngreo that my hon. friend has done very full justice to the case of the very respectable pontlcuian whom he has this day taken as his client. In doing so ho his taken occasion to treat and fo anticipate some of the principal points which I tdiall 1 ive to touch on. He was (juite right in thinking that J should ho very likely to answer that this was an old qiiestion which is now renewed. This is an oM (lucstion — an old Colonial question ; ^ •> tlii'ii'dl 1 1 liim, until lii.s land's oflieo as Clerk to that Executive Coimcil. A great change was made at the time ; the were united, and one Executive Council for the entire oi" Canada was cnuslituted. The (|iie,stion then was — what was to be the nature of the olhce of Clerk tu tho C With wlinm wiis tlie arruutcinoul mudof 18 new Council, and who was to fill it ? Lord Sydenham, ^ in the interest of the Colony, made an arran^jemcnt according to which the office of Clerk of the United Council was to be on a very difl'erent footing from that of the old Province of Lower Canada ; and in the course of his arrangement it appeared advisable that the office should bo filled by a new official — and, in point of fact, it was considered desirable that Mr. llyland should not fill that office. Mr. Ryland, I will say at once, I have every reason to believe is a gentleman of the highest character — a gentleman, I know, who has many friends, and is much valued and loved by his friends. Thoro is nothing in this whole case — in spite of anything my honorable friend may have insinuated — there is nothing whatever in this whole case, reflecting so far as I my- self know in any way — the slightest slur on the char- acter of Mr. Kylund. But there were reasons, and very good reasons why ho should not fill the office of Clerk of the Executive Council of Canada. I believe Mr. ryimii iipvrr wa.^ it is ccrtaiu that ho was a very strong politician of that *i.i"'i'!M''iM'nr'ti'i'n'''>'» ^ '"^"^ that the party which then suc- ti'miiiV "lii'iij" 'cunncii cccdcd to powcr, the party in favor of responsible Gov- *""''''' erunient, which was carried at that time — and in the caiTying out of which this was one of the minor, but necessary arrangements — that party would have been very much dissatisfied if Mr. Kylaud had rcniaincd Clerk of the Council of Canada as it was then consti- tuted. It was solely in the interest of Canada, and without any view whatever to the advantage of the home Government, that it was considered advi.^ablo that Mr. Ryland should not fill tliat new ofiicp ; and it was in this view altogether that Lord Sydenham en- tered into n(';;i)oiations with Mr. Ryland, and that Mr. Ryland consontod to aocept another office in lieu of the one which he iiail got — that ollico being the Registrar- ship of the District of (^lebec. Well, Sir, my hon. friend has said a good deal about this office — this now office, which Mr. Rylaml willingly accepted ; and ho has told us that it seems a very extraordinary ami my i^teriniis thing that any nnin in his senses 8h(;ul(l take an office much worse than the one which he had. 19 Sydenham, rrati{i;emcrit the United pj from that ii the course at the office ointof fact, should not )nce, I have the highest any friends, ids. There nything my e is nothing ir as I my- n the char- •easons, and the office of , I believe ician of that h then suc- Diisible Gov- -and in the minor, but I have been 1 I'cmained then consti- Danada, and ita^c of the 1 advi.^ahlo ■ oilico ; and ,-di'iiii!im I'U- .11(1 that Mr. u lion of tlio lle;;istrar- ^ir, my hoti. -this now tod ; and bo irdiimry and nsi'fi should ich he bud. ■2 But my honorable friend forgets that ho himself has sucii ii'sufnmi. kt'^n"'! admitted that at the time when Mr. Ryland willingly iM^,ii''i'uii.v, and gladly gave in his assent to that arrangement, his iiou. full exj)Of;tation was that the office would turn out to bo far more lucrative than the one which he originally held. It was his expectation as well as that of many otheis in Canada, that the office which he then accepted would have proved a very lucrative matter indeed. And my hononiblo friend seemed to think that he was urg- ing something greatly in favor of his view — but which, 1 think tells the other way — when he said there was reason to suppose that in the first year of that office there would be such an inilux of fees as would amount to a very considerable sum indeed. I do not mean to say that the Governor General entertained the same view of the office ; but these were Mr. Ilylaud's ex- pectations and S{x;culations ; and it certainly turned out that these speculations were not very sound. But nobody can for a moment maintain that the Governor General guaranteed Mr. Ryland against any future changes to be made by Provincial legislation in the nature of the office which he had accepted, beyond the terms which were set forth in the guarantee which was given to him on his first acceptance of it. And, now, as to this guarantee ; and I am not aware that my honorable friend read the exact terms of it to the House. These were the words of an extract from Lord Syden- ham's private Secretary, wnveying the guaraniee to Mr. llyland : "In regard to the Rcgisfrarship of Que- bec, his Exeellnney will be prepared to appoint you to that situatinn whenever the ordinance under which it is created shall have been carried into eflect." I beg my hou. friend hero to observe that had Mr. llyland con- tinued attached to the Clerkship of the Council of Caiiiiibi, he n\u»t have received whatever salary the Government, or the Legislature of Canada, chose to attach to that office; and so far from that office being now, or at any time since, eijual in value to X'lUDO a year, it has never been worth more than £5:51). Lord ni; i^»'i"f;iii"riu(..r •' , _ rc'il, lilt J.iUHi|.viuimuiu. Sydcrdiam continues : " And as it is po.sbible that the etuoluments of the Regislraibhip of Quebec may fall Bdf 20 far below those of your present office, His Excellency is willing to guarantee to you an income equal to the sum of the retiring allowance you would enjoy were your employment in the public service entirely discon- tinued ; and calculating that according to the scale laid ,, „ , , , , , down in the 4th and 5th William IV., it shews that ac-oia ou iiicao terms, you would be entitled to the annual amount of i^515 Canadian currency. That amount, therefore, namely jC515 Canadian currency. His Excellency is willing to guarantee to you, by making up your emoluments from your employment in the public service, whatever that may be, to that extent should they fall short of it ; and should they exceed that amount, you will, of course, bo entitled to the excess." Chief Justice Carter, in his award, refers to this arrangement, and adds these words : " The construction of this guarantee is perfectly clear ; there can bs no doubt that it guarantees to Mr. Ryland an annual income of X'515 Canadian currency ; to be derived from the emoluments of some public office, or to be made up from some other source, in the event of his public emoluments not being equal to that amount.'* That was the whole of the guarantee given by Lord Sydenham. It is true, as my hon. friend has said, that Mr. Ryland, in accepting this arrangement, ac- cepted it under protest. In accepting the office, I grant that he said, in writing to Lord Sydenham, that his acceptance must not be considered as debarring him from urging any future claim which he might have on N< mrniinn wns madp thc Government of Canada : but I need hardly point or tliii liovi-Tuiucnt 111' ' * f-'iumtia. out to my hon. friend that there are two sides to every ^ „ . ,, bargain, and that a protest of that sort made by a gen- TriiR. tiipro ore two ^lilcs n » i ^ n to every iiar:..fi, ami as tlcmau who was acccptiug an offico uudcr such circum- Sunn' r''t'llM'''''ih'e ^tanccs — a protest to which the other side was no party nl.'M=i';l'I,".''!:,'"="V'I.",'' ^vhatevcr — never could be considered binding on Lord uii Ills o\> 11 loruiB 01 siir" ^^ ""''"'• Sydenham, or on any other person whatever. But concerning the silence of Lord Sydenham, with regard to that note of Mr. Ryland's, I may as well tell my hon friend ami the House a circumstance which will fully account for the manner in which the silence oc- curred at that particular time. At the time that protest or remonstrance of Mr. Ryland reached Lord W 21 illy point I to every )y a gen- circum- no party on Lord But h regard tell my ich will Sydenham his Lordship was already suffering from that accident which within a few days afterwards was the cause of his death. I have reason to know from the best authority that the accident * happened to^Lord Sydenham on the 4th of the month, and that Mr. Ry- land's letter was received the next day. Within a week or ten days from that time Lord Sydenham died, and, in the interval which elapsed, no public business was brought before him, but that of the most pressing and urgent character. This circumstance will fully account for the want of an answer to that protest of Mr. Ry- land. But, as Chief Justice Carter says, and every- body admits, " the guarantee must stand on its own terms, and must be taken as it exists in writing ; and no authority, whether Provincial or Imperial, can be bound by anything but the terms of that guarantee.'' After these transactions, a series of years went on» during which Mr, Ryland continually urged his claim both on the Colonial and the Imiwrial Governments. He certainly urged this claim, I will not say unjustly, nor will I use the word " pertinacious" in any offensive sense ; I do not take quite that view that my honorable friend takes, that Mr. Ryland is open to any very great blame for the amount of trouble which he has given the Colonial office. Mr. Ryland's income from the oflSce which he accepted turned out to be much less than ho had expected, and he applied to successive Governors General and successive Secretaries of State, for a re- imbursement under the terms of Lord Sydenham's guarantee. Three Secretaries of State m this country, one after another, decided in most positive language that the responsibility was entirely Provincial, and not Imy)erial. This was decidetl first of all by the present Lord Dei by ; next by my right hon. friend the Chan- cellor of the Excheipior, and afterwards by Lord Grey. Each of these Secretaries of State, and each in language stronger than the other, affirmed that the responsibility of carrying out Lord Sydenham's guarantee rested en- tirely and solely on the Colonial Executive. They all agreed entirely in the opinion which was expressed in writing l)y the emincut Governor General of Canada, On tli« contrary the arr!iii(.'i''n'-''i' is t,'i>verncil 1)V llio net of the :iciwpti)r ri'oniiilcMl in Mr. Uylanil'.-i uatcr ol tlio nili liocr., 1S41. Tliri^n wrnnss never nia>lc uuo rigliU • 22 Lord Metcalfe : "It has always appeared to mo that Mr. Ryland's claim rests exclusively on the status of the agreement entered into with the late Lord Syden- ham ; which ought, I conceive, if at all, to he binding on the Colonial Government. I am not at presentable to say whether the emoluments of the office are sufficient to cover the prescribed amount ; but I am of opinion that the local Government of the Colony are the res- ponsible parties, and that the arrangement was made for political purposes connected with the new system of Government established to meet the views then en- tertained by Parliament." I must say that I entirely concur in the view thus taken bj' Lord Metcalfe, and the three Secretaries of State ; and that it would, in my o]iinion, have been more generous on the part of tho Canadian Parliament to have acknowledged tho claim for compensation in the case of an arrangement which had been made solely and entirely with a view to Can- adian interests — and with a view to carry out the new system of Government which was hiiilcd with pleasure wiiose intorftHs wore in Canada. Nobody had insinuated from the first that togiami VuVi'''d'i;d!''' "' English interests were to be served in the slightest de- gree by the change ; it was solely and entirely a part of that great arrangement lor tho union of the Provinces, and the eslablishmout of responsible Govern- ment. This was the state in which tho case stood in the year 1855, when, as my hen. friend has said, the case took an entirely different turn. In that year, my noble friend the Member for the City of London did take action in the case of Mr. llyland. The Noble Lord, who was then Secretary for the Colonies, did, as I think, stretch a point, and do a very handsome thing on the part of the Imperial Government by making a .. „ , . , , ... proposal to Mr. Ryland, on which that gcntloiuaa Mr. Ryliinn ilfnles tli it ' ' j ' e> any iiroii.idai wiismaJuio actcd. That proposal was that the whole ca'-.o sliould be deferred to a distinct and impartial arbitrator, that the arbitrator or Commissioner should make his award, and that whatever amount of compensation ho decided to be due to M'- Ilyhuid, should be licjuidated in equal proportions by the Luperial and Colonial Govennnents. That proposal made by the Noble Lord the Member for i 28 the City of London, was acted on by Mr. Ryland and my right hon. friend the Member for Taunton. The question then was — who shoula bo the Uommissioner s tuo root of uiis suuemcut. It was thought unadvisablethat the Commissioner should be Canadian — it was thought unadvisable that he should be an Englishman — it was, therefore, thought best that he should be a distinguished person with Col- onial feelings and acquainted with Colonial views and in- terests. And accordingly the Noble Lord secured the services of a very eminent person, Chief Justice Carter, of New Brunswick. In the course of time, that gen- tleman reported, his award is in the papers now before the House, and that award has boon fully carried into oflbot. In the first place I must tell the House that, although Mr. Ryland Lad not given in any written statement of his claim to be arbitrated upon, yet acted very fully u[)ou the proposal. He appeared before ' Judge Carter and put into his 1 iiuls such papers and int'urmation as he thought prciper ; he had the fullest opportunity of making any statement he pleased ; and when Chief Justice Carter gave in his award for a sum of ,1"'J0U0 Canadian currency, Mr. Ryland accepted it and took the amount which was so awarded. When tliat award was first made, the Canadian Government, still hold out and refust.'d as they had all along refused to recognize their responsibility for any portion of this cnmj)eiisation ; or to pay the moiety which Lord John Rusi5i'll proixised that they should pay. The Home Govorninent, howovor, without waiting for the decision of Canada, or the payment of their moiety, at once paid our moiety of X'lGOO. My hon. friend the Member for om- year artor. Taunton used his utmost influence to persuade the Can- adian Parliament to pay tli<'ir part of the award, but my hon friend did not succeed in doing so. The hon. Mem- ber for Wiltsiliire, liowover, subsequently succeeded in doing so, and that hon. gentleman, the late Secretary of Colonics did, by his influence and his representations to the Canadian Government, induce thorn to pay their i'loOU. That sum, I am now aware has been paid, and received by Mr. Ryland. I think, therefore, I was right in saying that this case now stands on a very different I 24 footing from what it did before this referehce was made by the Colonial office, and before Mr. Ryland had ap- proved of that proposal. It is in this state of things that my hon, friend has the courage to ask the House of Com- mons to re-open the whole question : and on what grounds does my hon. friend propose that we should do so ? He demurs, he says, to the award of Chief Justice Carter. Chief Justice Carter was instructed, and I think most properly, to enquire solely into the terms of Lord Sydenham's guarantee, and what amount of compsensation might be due to Mr. Ryland under those terms. But my hon. friend seems to think it necessary The Polonios have noth- ing to do with till' case. In a ypirit or (,'r™t lilier- ,,,,,, , i.i«n aiity, iiuy nintrihutta that he should havc ranged over a much wider field, £4,ft0n, but tlic .li'l.t IS , « , . .11 , entirely an imporiai one. and that this couutpy or the Colonies might have been determined liable in some vague and indefinite sum quite beyond the limits of that guarantee. That is a view in which I cannot think the House of Commons will agree with my hon. friend ; but if the House of Commons were to grant this Committee to my hon. friend, may I ask what information he could expect to give beyond laying before the Members of it those papers which are now before the House ? Everything which can be known about the case is contained in those papers which I hold in my hands, and the larger papers already laid before the House. But he says : " I want to examine Mr. Murdoch." I must tell my hon. friend that if he expects to put a different constriiction on the guarantee of Lord Sydenham than any other man loould put upon it — and plainer English I never read — if he thinks that, he is entirely mistaken. I am authorised hy Mr. Murdoch himself to say that he interprets that guarantee in the strict and literal sense, precisely as any ordinary man would do. Mr. Murdoch has no idea Mr. Mur.iwb's whuievcr of any construction other than what I say is the only possible one to be put on that guarantee, Mr. Murdoch will state positively that Lord Sydenham never had any intention ivhatever of guaranteeing any- thing to Mr. Ryland beyond what appears hy the language of the letter to which Mr. Murdoch'' s name is signed. My hon. friend quoted a note of Mr. Mur- doch''s, which is published in these papers, in tvhich he Road letters. 26 ;e was made md badap- things that use of Com- d on what re should do hief Justice ctcd, and I the tenns amount of under those it necessary wider field, it have been lefinite sum That is a )f Commons le House of to my hon. Id expect to those papers rthing which led in those larger papers ys : " I want y hon, friend 'iclion on the er vian toould • read — if he m authorised iterprets that cisely as any has no idea vhal I say is rantce. J[Ir. I Sydenham mleeing any- pears by the odi's name is f Mr. J\Iur. , in tvhlch he ^ M Mr. Rvlaml never PlTt- snys that he appears to confirm the view taken hy Mr. Eyland himself of his oton claim. Brit Iheg the House to observe that this short note of Mr. Murdoch^s, lorilten a good many years ago, is in answer to a letter ivhich is not given ; and that the sense of Mr. Murdoch^a words mvst depend entirely on the letter to ivhich that is an answer. Mr. Murdoch has not the letter to which he tvrote that anstver, and on appliiinn to Mr. niuiij liiinuui tiiekmi. Jiyland he stated that he krpt no copy of it, and, con- '"'"w in oxifusn. ic t sequently, that letter is not to be had. I need only niumuway iiiiocuu. point out, therefore, that no conclusion loorth anything can be deduced from these toords of Mr. Murdoch, which depend, as I have already said, altogether on the words to ivhich they formed a reply. Well, Sir, such is the state of this case at present. I must say it ap- pears to me, and I hope it will appear to the House, that the Imperial Government in dealing with this case has gone even beyond the bounds of strict and equitable justice. I think they were right in doing so, and, I think that in so doing they have treated Mr. Ryland with a generosity beyond that which they were abso- lutely called on to apply to the case ; and the arrange- ment proposed by Lord John Russell has been carried out in a way which I believe leaves neither to Mr. Kyland nor to anybody else a right to complain. Re- ference was made to a most eminent and impartial gentleman, and the proceeds of the award made by him have been received by Mr. Ryland in part payment from the Imperial Government, and part by that of Canada. The question for this House now to consider is whether it is the duty of the Colonial office to re- open this question by the appointment of a Select Committee ; and, Sir, I think that such is not our duty. I think wc have no business to imply by nny such compliance with the terms of this motion that there is any doubt whatever in our minds as to the course al- ready pu.sucd. I think we have no right to imply that we have any belief — that we have any idea what- ever that we ought to call on the Imperial Treasury again to tax the rate-])ayers of this country for the purpose of making further contributions towards the CanaiU has nnthlnir to do with tlio (iclii-i iif tlio Imp«rml Goveruuiuul. 26 case of Mr. Ryland. I think further that it would be unfair to Canada as well as to this country if we con- sented to such a course. I should like to know what the Canadian Government and Parliament would say if they heard that the House of Commons in this country had re-oponed the question by the appointment of a Committee. Canada, at last, has stretched a point, as you have heard, by the payment of the inoiety : are we now to tell the Canadians, having before told them to consider this as a final settlement of the question — my noble friend at the head of the Colonial office having used that argument for the purpose of inducing them to comply with the terms of the compromise — are we now to tell them, having induced them to pay the moiety on the faith of that understanding, that they are now to consider the whole question re-opened, and that the Canadian Government will be liable to further demands. It is true that a decision of a Committee of the House of Commons may not have much effect on the Canadian Parliament, but that is the consideration which this House will have to entertain. And now, Sir, before I sit down, I must say to my honorable friend, that if Mr. Ryland wishes for a Committee for any other purpose than with a view of obtaining further compensation — a view which I cannot but think most unjustifiable — if he wishes for a Committee with that other view hinted at by my honorable friend the Mem- ber for Galway, for the purpose of restoring his own character, or getting rid of the imputations under which he seems to think that he lies, I would say that I think that is perfectly unnecessary. I should not have al- luded to this, if my honorable friend had not put it in that way ; but if my hon. friend thinks that Mr. Ry- land needs a Committee of the House of Commons for the purpose of clearing his character as a man of honor and a gentleman, it is my belief, having gone through the whole case — and it must be the belief of any body who knows anything of the case, that no Committee is needed for the purpose. The only thing that can be properly said against Mr. Ryland, the only hard word that it is possible to use — if that be a hard word at all mU 27 — is that he has been somewhat pertinaccous in urging his claim. My honorable friend says he has been re- garded as a " bur" in the eyes of the Government and the Colonial office. It is possible that in time I may learn to think that a great crime — (laughter) — but at present I have not learned to think that a very heavy accusation against a man who conceives that he has rights — if it be an accusation at all. Still I do not think that the HouHe will be of opinion that Mr. Ryland needs a Committee of this House to clear his character. I think Mr. Ryland may be perfectly satisfied with the able statement made by my honorable friend, with the cure and attention paid to his case by the Home Government, with the reference made to several distinguished Secretaries of State, with the decision made by the able and distinguished Arbitrator, with the substantial testimony of the award of dC9000 which was liquidated in equal portions by the Canadian and Home Governments, And with these ^ibservations 1 must put it to my honorable friend whether he thinks it advisable to press his motion. I am quite satisfied that even if he gains his Committee, the result can ba to gain no good to his client ; and with respect to his client's character, he may consider that already cleared. (Hear, hear.) • •'• No person acquainted with Mr. Ryland'scase could read the above statement without coming to the conclusion that Mr. Fortesrue had not himself personally examined the documents connected with the affair. Had he done so, and perused the Despatches of Lord John Russell to the Right Honourable C. P. Thompson, of the 7th SeptiMiiber and 16th October, 1839, it is more than probable that he would have seen quite sufficient grounds for granting a Committee of Enquiry, whose verdict would have disposed of the ques- tion at once and for ever. Adopting the course pursued by that gentleman it may be i,v^ 28 11! ii well, before replying to his statement to ask, whether, sup- posing Lord Sydenham to be now alive and still Governor ulCaiiada, could Jie of his own authority or with the author- ity of the Queen but without the authority of the Canadian Legislature, touch a fraction of the Treaf.ure of the Province to [)ay the debt to Mr. Ryland ? Most assuredly not. No man knew better the principles of the Constitution he was the m-aiis of establishing in Canada, and that they forbad any sucli right or power. Was he then a man of that character that would use the iuduonee of his position to induce a public officer to relin- quish an honourable and lucrative office, upon a guarantee of iii