^>. IMAGE EVALUATION TEST TARGET (MT-3) k{0 .^ y F Sciaices Corporation ^^^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques 7 t The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n n Coloured covers/ Couverture de coulaur I I Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaurde et/ou pellicui6e Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes g^ographiques en cculeur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ D Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ Lareliure serrde peut causer de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II S9 peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 film^es. Additional comments:/ Commentaires suppl6mentaires; L'Institut a microfilmd le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre unique^} du point de vue bibliographique. qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiquds ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagies I I Pages restored and/or laminated/ D Pages restaurdes et/ou pelliculdes Pages discoloured, stained or foxei Pages d6color6es, tachetdes ou piqu^es Pages devached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Quality indgale de I'impression Includes supplementary materia Comprend du materiel supplementaire Only edition available/ Seule Edition disponible r~l Pages discoloured, stained or foxed/ I I Pages devached/ r~l Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ I ~\ Only edition available/ Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc.. ont dt6 film^es d nouveau de facon d obtenir la meilleure image possible. 1 P c fi C b tl s fi s o T s T }n h d ei b ri n n This item is filmed at the reduction ratio checked below/ Ce document est filmd au tsux de reduction indiqui ci-dessous. 10X 14X 18X 22X 7 12X 1CX 20X MX 30X 24X n 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada The images appearing here are the best quality possible considering the condition and legibility of the original copy and In keeping with the filming contract specifications. Original copies in printed papi^/r covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ^^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. * L'exemplaire filme fut reproduit grAce A la giniroeitA de: La bibliothdque des Archives publiques du Xanadu Lee images suivantes ont 4t6 reproduites avec ie plus grand soin, compte tenu de la condition et de la nettetd de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est ImprimAe sont filmds en commen9ant par Ie premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par Ie second plat, selon Ie cas. Tous les autres exemplaires originaux sont filmfo en commen^ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derniire image de cheque microfiche, selon Ie cas: Ie symbols — ► signifie "A SUIVRE ", ie symbols y signifie "FIN". 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 dtre film6s d des taux de reduction diff^rents. Lorsque Ie document est trop gr^nd pour dtre reproduit en un seul clich6, il est filmd d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant lo nombre d'images ndcessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 '■'>'-y> THE ORDNANCE DEPARTMENT -^.■^P: AND ■'l f I ' - . :f... ITHE PEOPLE OF BYTOWN; BEING A S32Siaa3 ®^ mmS'^12®^ ORIGINALLY PUBLISHED IN THE OTTAWA ADVOCATE. i'-':-, ''Flat Jaitltla mat Ccclniu.M '■'^^-■■'^- :^ t ■■ ■, ' ■:;■;;' .- ■\ :■ JJ . '■* . :ii PUINTED AT THE OTTAWA ADVOCATB OFFICE. \ ^J.:.i' fa THE ORDNANCE DEPARTMENT ■h-:M yU-..H AND THE PEOPLE OF BYTOWN. iit- ■ ^i^iff] mm^3f:i® w©* a. ■t> €o ti\( T^XHU^v Of the (DUatoa ^^bocstc. •■ut- SIR,— You are probably aware that by an Act of the Parliament iof Canada, passed during the last Session of the Legislature, The Principal Ofiicers of Her Majesty's Ordnance were invest- led with Corporate Powers ; certain disabilities under which they Jhad previously laboured were removed, and those gentlemen alto- 'gether were placed on so favorable a footing, and had their Vest- ing Bill (as it is called) drawn so much after their own hearts, that ja disinterested individual would have certainly supposed that but Uittle was left them to desire. Powers the m.ost extensive were Conferred upon them : and they were at once elevated from being .m set of men utterly powerless, unknown to, and unrecognized by 'Law, to be a Corporation of great consequence and importance in ji\\e Province. They were enabled to take possession of, pur- chase, hold and sell Lands for Ordnance purposes boi:h in Eastern ■ and Western Canada ; and all the Lands, theretofore, belonging to Her Majesty, and which had been under the controul of the Ord- ( nance Department in this Province as Her Majesty's servants, were, by. one sweeping clause, vested, by this Act, in those "Prin- cipal OiHcers." , ■ ; ^ r 7 » <. ^♦M- But, Sir, great as those powers, and ample and extended as the l)rovisions of the Act were in those respects, still greater privileges were conferred ; for by the 5th clause, you will observe, a great por- tion of the Town of Byiown was vested in those same " Principal Olficers,'* and they are empowered to sell and lease this very val- uable property to such persons as had occupied portions of it, and to others : and thereby was erected, and sprung into existence a gigantic Land Jobbing Company, realising large sums by absolute sales, and creating an immense annual revenue from the Lease holds* r , -„ ., r. >- ■■ - \ ~ (4) Such being the extensive and almost unlimited powers of this newly ll(3dgeil Corporation : one would naturally have supposed that by taking proper care of all the Lands which came lawfully to its custody its Oiliccrs would have had their hands full of work, and that they would not have sought to retain in their possession Lands, of which the Bill manifestly intended (to say the least of it) that they should be divested : but how diiferent is the truth — die more they get, it seems, the more grasping and rapacious do they become; and they seek to retain what the Law enacted they should surrender. You are, probably, aware that at the time of the construction of j the Rideau Canal a considerable quantity of Land, the property of N. Sparks, Esquire, situated in the very heart of the Town of By- town, was taken by the Ollicer in charge at that day, the late Co- lonel By, ostensibly for Canal purposes. ,^ ,„ , ,. , This Land extends on one side frorii the bank of the Rideau Canal a considerable distance into Lower Bytown, and on the oth- er side up to Upper Bytown as far as the house at present occu- pied as the Dalhousie Hotel. I believe, at one time, it was in- tended to exte^id the Basin of the Canal to the Upper Town, and that for that pui-pose only all this Land was taken : (for surel}' no man in the possession of his reason will undertake to say that it is necessary for the Canal as it stands at present,) but it such a step were really ever contemplated, h has long since been abandoned : no Basin has ever been constructed in Upper Bytown, nor ar.y where on die dispute d ground. The Land has lain waste and un- occupied foi- a number of years, and the growth of the Town in that direction has been entirely prevented. •> ■•' * • i r- „i- . j Mr. Sparks complained of this treatment, and with great justice : and it was considered a favourable opportimity ^^ hen the Ordnance Officers v^ere seeking from the Lcirislature of the Province an ex- tensive and important Act of Incorporation to ins(M't a provision that over this Land they should liavc no controul. This was done : in fact, it was one of the condUions upon which the Bill was al- lowed to pass at all. And you will find, on reference to the 29th Clause, that it contains these woi'ds : — " Provided always, and be it Enacted, that all Lands taken from jr.ivate owners at Bytown, under the authority of the Rideau Canal Act, for the uses of the Canal, ir/iich hare not been used for that purjtose, be restored to the party or parties from whom the same were taken." .^^ ^.j This was, of course, received by Mr. Sparks as an act of strict jtistice too long delayed: he had been for years deprived of a cojjsiderable pail of hi.? properly of great value, and for which he ^crs of this supposed luwfiilly to 11 of work, possession he least of he truth — lacious do :'ted they triiction of i property of \vn of J3y- le late Co- le Rideau 311 the oth- seiit occu- lt was in- lown, and ■ surely no y that it is uch a step )andoned : 1, nor any te and un- ? Town in at justice : Ordnance ice an ex- provision Vas done : ill was al- I the 29th s, and be By town, es of the stoied to I of strict vcd of a Mikh he (5) had never received one single shilling; and such was the under- standing of many Members in the House of Assembly, who, but for that Provision, would have opposed the Bill. Mr. fipai'ks, immediately on his return from Kingston, issued Advertisemenis offering Building Lots for sale ; and, as I am in- formed, required the gentlemen representing the " Principal Olii- cers" at By town to surrender any claim which, previously to the passing of the Act, they might have possessed: merely an act of courtesy on Mr. Sparks' part, as he could not imagine that those persons would venture to persevere in holding his property in di- rect contravention of the very Act of Parliament which had called their chiefs into Corporate existence. But judge of his astonish- ment, and that of every other person, except the Department and its satellites, when he was informed that the "Principal Ollicers" intended to set that portion of the Act at defiance : that they were resolved, right or wrong, to keep his Land, without giving him any remuneration for it; and that if he presumed lo exercise any acts of ownership over property unquestionably his 0W7i, that he should be prosecuted with tlie utmost rigour of the Law. Mr. Sparks was not, liowever, to be daunted by a threat of this kind; and he at once, 1 understand, on receiving this reply, took possession of his property, and sold olf portions of it to individuals who were bold enough lo run the risk of araons being brought against them by this powerful and wealthy Corporation. Proceedings have been commenced against Mr. Sparks ; and, I understand, are also meditated (if, indeed, they have not already been commenced) against the purchasers and occupants of the several portions which he has disposed of. », ^„;,, ..;. Thus, then, stands the matter. The Ordnance Officers are quite willing to take the benefit of such parts of the Vesting Act as enables them to pocket large sums of money from individuals for the purchase of Lots, and a considerable amount annually for Rents ; but they are equally umdlling to allow that the Act enures to the benefit of any other person, by compelling them to surren- der the Lands referred to in the 29th Clause : and they obstinately and pertinaciously persist in the insane attempt to obstruct the im- provement of the Town, by dissuading persons in every possible way fi-om becoming purchasers of these very Lands which they still most unjustly claim to be theirs. But it is surely time that such trifling should be put a stop to. If this Act is strong enough to vest certain property in those " Prin- cipal Officers", it surely is equally strong to divest them of certain other property when the justice of the case imperatively requires (6) it : in short, it is a miserable rule that will not work both ways ; and the Member for Bytown will commit a most serious derelic- tion of duty if he allow the present Session of Parliament to pass without introducing an enactment to define the meaning of the 29th Clause of the Ordnance Act : if it means what I contend for, and which is certainly the common sense construction of it, then let an Act at once pass the Legislature clearing up all doubts, and quashing any proceedings adopted by the Ordnance ; but if it means nothing, and is wholly inoperative, and the Land still remains the property of the Department, let not that Clause remain on the Sta- tute Book, and thus stultify the Legislature of the Province, and deceive individuals by " keeping the promise to the ear and break- ing it to the hope." I remain, Slc, ARGUS. Bttown, 20th January, 1845. .,';."; ^<^^;^^.^.•Mv;,,, proj to vol Lai ter^ nrs| of thi ■ W^'I^W^V^ ^*^*0>^*^>^^t^ »w^w'^'^<^*^V^^^*^^w»^ V <»^/^ W^rv-y^V'^'w^ ^^*'^ i SIR,— On the 17th day of February, 1827, the Bill for the con- struction of the Rideau Canal passed into a Law : it contained a clause empowering the Officer in charge to take possession of such Lands along the line as were necessary for Canal purposes only, and not for Military defences, nor for any other purpose than the uses of the Canal. In the Month of November, 1826, Mr. Sparks, then the owner of a great part of the ground where Bytown now stands, volun- tarily offered to give up, gratuitously, as much Land as Colonel By should consider necessary for the construction of the Canal : this liberal offer Colonel By accepted, and proceeded to mark out (as necessary) the space of ground for the Canal itself, and tiro hun- dred feet on each side of it ; which was at once presented to the Colonel by Mr. Sparks, and for which, notwithstanding all the op- pession he has endured at the hands of the Department for the last fifteen years, he has never even thought of claiming to be re- munerated. both ways ; ous dercJic- fient to pass njng of the •on tend for, «^' it, then doubts, and t if it means emains the on the Sta- vince, and and break- ' the con- ntained a •n of such OSes ofily^ than the le owner ^, volvn- Colonel nal ; this out (ag too hun- d to the the op- for the > be re- (T) Some time aftertvards, however, and while the Works were in progress, the ** position" of By town as a place of defence seemed to have attracted the notice of Colonel By ; and he then endea- voured to purchase from Mr. Sparks, for Military purposes, all the Land to which reference has already been made in my former let* ter. Mr. Sparks asked more than Colonel By felt disposed to give ; and it was only when the offer to purchase for Military jmr- poses.h-dd been declined by Mr. Sparks, that Colonel By, for the first time, fell back upon the Rideau Canal Act: took possession of all this Land, and pretended to have done so on the ground that it teas all necessary for Canal pur,poses. The obvious absurdity of such a pretext must have struck the most casual observer; and in order to impart some color of lega- lity to his proceedings, he asserted that a Reservoir was to be constructed on the Hat: but to what use, it m.ay be asked, did he purpose turning the hill belonging to Mr. Sparks of which he, in the same arbitrary manner, had taken possession? Was it ever even pretended that a Reservoir, or any other ivork connected with the Canal, could have been constructed there? Most unquesti- onably not. In fact, it never was seriously intended to construct a Reservoir at all : it would have been a ridiculously wasteful, and entirely unnecessary expenditure of money. The Canal has now been for many years in successful operation, and not a spade has ever been put into the ground : in short, the Land was then, as it is now, utterly worthless for Canal purposes, but for Military de- fences of great value ; this Colonel By, in his day, well knew, antl it is a fact equally well known to the respective Officers now in charge. Having thus stated generally 3ome of the leading facts bearing upon the dispute between the Ordnance Department and the Peo- ple of Bytown, I shall endeavor, in this and the succeding letter of the series, to prove, by documents to which I have had access, that the conduct of the " Principal Officers" towards Mr. Spams and others is oppressive in the extreme : that they are sinning, not through ignorance, nor a conscientious, though mistaken, view of the Law ; but against the clearest light, and that independent- ly of the 29th Clause of the " Vesting Bill" : they are in posses- sion of unimpeachable evidence, icithin their own Department, co- gent enough to convince any reasonable set of men that to any portion of the Land of which they are now endeavouring, most unrighteously, to retain possession, they never had, nor have thay now any legal or equitable, claim. This important piece of evidence, which has heretofore been (8) Studiously concealed in this Country, is die followinj^ extract from! a letter, written by Colonel By himself, concerninii; this very Land ;| a copy of which, as well as the original, I assume to be in the Eossession of the Department. It was printed, by order of tlie [ouse of Commons in England, amongst other papers relating to Canada Canals : Extract tvom a Uttn* from ©olonrl 33ij, n. E., to GJencriil £^n\xn. "Royal Engineer Office, Rideau Canal, ( ISih March, 1830. \ " I beg it to be clearly understood ihot these stimH do not inclmle the pxprn;'? "f building tiie propoaed Blork Houses, or the purchase of ihc html vrrvssnry far ihe Military defence of the Rideau Canal, or the Ibi-inirig the RpseiNo r lo aupply thu first eight Locks, which is also intended to serve as n wet ditch to siren y^thtn the position of the proposed Works for the defence of the mi. once of the Cuniil, ami TO PREVENT THE ERECTION OF ANY BuiLDINGS ori the land thiU will 1)6 nEliltlllEl) FOR A Glacis. The Provincial A.cl authormes this land heing token for a Reservoir, but if it had been taken for the Militnry ti in the dcr of thv relating to '^i mmxn. Canal, ; IP Pxpcn.-^e of ss'rnj for Jhe lo supply Ifio >'ni^l/nn the Conn/, A,ND a Kesi'ivoir, iks, the pi,)_ f liave iJilicji I> tliiTorore, iii'iJ he .vpcut •lie eanh ii> "Pohition" otir years apartment ,'/•• and it (Is BuiJd- • individ- ics. Can ?rs, after 3d faith) leir scr- ipt made ting this om ]\fr. d it is a ad pub- that he for the en the arried" fences, ^ Land . . ■ • . P) for the purj)OSC nf ft.; ifications; and bt^raiiSf.) Col. Wy faded In his offer to pvic/utfie, \hv icnmd cliscovej-y was dun niadf, thai by pre- ifndirig this Lniid to l>e necessary lor the Canal in some way or other, (no matter how absurd,) he could obtain possession of it. If it \ver(; lU'cessary at all, why not lalvO it at fu'st? and why was it only tiial afiLM* some years, and ;d\er an unsitcccssfvl attempt to purchase toi- oTiiru I'uni'osKs, that the necessity of having a He- servoir exiendin;j; to Uj)r)('r iUtown became so glaringly apparent? One would certainly imagine that to secure ground for such a pur- pose (if of such vital inipcrtance,) would have been one of the first (hirn's of llu? l^^ngineer; and that before operations had been commem ed at all, h^ woidd have seen the absolute necessity of (at any {)iice,) securing this Land; aad if it had really been ne- cessary, (and it is noi, on the authority of Major Bolton^) would Colonel liy not have taken it all in 1820 or 1.S27, and then have declared to his superiors the purpose for which it was required, 'u\ a plain and straic;ht forward manner: in sho'-t, the matter is too ])lain to admit of any argument. Let any dispiissionate individu- al witne^-is the shuiHing communication of J 830, and say whether it is not his opinion that Colonel By intended and expected, by the course of proceeding which he then adopted, to get possession of a valuable piece of Land for Military purposes, which he had previously failed in attempting to purchase. But here I check myself; and the recollection ihat Colonel By has been gathered to his fathers stays my pen ; and the fact of these strictures being on the conduct of one who is now no more, co-npels me to cease: he is gone, and " I war not with the dead" — much good he has unquestionably done — he has left behind him an imperishable monument of his genius and his perseverance ; but the " Evil that men do lives after them : the good is oft interred with their bones." And now it is for Military purposes only, and on the paltry jpfrounds 1 have stated, that the Principal Officers of Her Majes- t)''s Ordnance, instead of purchasing and paying for this Land un- der the Statute of 1840 like honorable men, seek to retain pos- session of it on so miserable, so shallow a pretext. Have those gentlemen ever read the " Vesting Act" at all ? at least any other portions of it than those enabling them to pocket monies? If they have, might one venture to enquire what meaning thetj attach to the 29th Clause'.' Is it a dead letter? If not, how could they reconcile it to their consciences to recommend that this Land should ?t.ill be retained? Have they done this? If so, it is but another melancholy proof of how men's prejudices can obscure their intellects aud warp their judgments, and to what wretched (10) shifts they can be reduced when compelled to forsake the princi- ples of common sense and common honesty, and rest their claims to consideration on so contemptible a subterfuge as this. Is it because Bytown is a defensible position, and this Land is required i.r Military purposes, that a Military Corporation dares to tyrannise over individuals, and trample under foot every prin- ciple of Law? — to set Acts of Parliament and the most sacred rights of property boldly and wantonly at defiance ; and openly to do, through inferior Officers, in Canada, what the Queen of Great Britain could noi attempt in any portion of her dominions 7 I am, Sir, &.c., ARGUS. Bytown, 29th January, 1845. '*■ ^"^^^^mih £r^^ ^^ .S:i •~\'i'\ ■■'!;■ .!» SIR,— ^ The ruling passion amongst Military men is acknow- ledged to be the love of despotic sway. They exact from their inferiors implicit obedience to their will; and tyranny the most re- Tolting has been perpetrated, without exposing- the oppressor to punishment, or affording the injured victim redress. So long, however, as this evil had been confined to the service' I should not have deigned to take up my pen ; but when I see es- tablished in this Province, by an Act of the Legislature, a Milita- ry Corporationclothed with extensive powers, and in the exercise of its functions brought much into contact with civilians — and when the domineering and tyrannical spirit, the existence of which 1 have been deprecating, characterises that intercourse so palpably as to force itself upon my notice — when I see parties treated as intruders and trespassers, because, forsooth, they dare to assert their strict legal rights : and this Corporation, because it is weal- thy, and its Officers are not personally responsible, attempting, by a pitiful quibble, to evade a positive law, and by a long protracted and harrassing litigation to tire out, and, if possible, ruin its oppon- ents — when means the most foul ?\ie resorted to, on which to ground those proceedings, I think ihu time has arrived when the Principal Officers of Her Majesty's Ordnance must be told that 1 the princi- their claims is. his Land is ration dares eveiy prin- nost sacred d openly to en of Great ons? GUS. ,. 'v;.. is acknow- Jrom their be most re- Dpressor to he service' n I see es- , a Milita- le exercise -and when )f which I palpably treated as to assert it is weal- mpting, by protra!cted its opppn- which to when the 1 told thai (11) their will is not law supreme — that the Court to which they must ap[)eal to sustain their claims is not a Court Martial — that when attempting to carry out the provisions of a Law, conferred upon them as a favor, they must sink their Military tone ; and in trans- actions with civiliaas must remember that they are equals over wnom thay have no control, aad not minions who are compelled to bear tyranny without a murmur. Above all, le* these gentle- men ke^p in mind to whom they owe their present favorable posi- tion; and that the same power which conferred those privileges exist still to curtail, or, if necessary, to withdraw them. These reflections have suggested thcm.selves to me in conse- quence of having had an opportunity of perusing a proceeding in Chancery against Mr. Sparks; in which, cirCv^istances the most extraordinary are disclosed, and conclusions the most astounding arrived at. It appears that some time in August last. Colonel Holloway of tlie Royal Engineers, Captain Boxer of the Navy, and Mr. James Sutton Elliott, Ordnance Commissioner, composed a Board for the purpose of determining whether the 29ih Section of the Vest- ing Act was Law or not; and the following elaborate "minute" was the result of their mature deliberations : — Miuule, 5th August, 1 844. " After having inspecled the properties of the Department, and matjirely weighed, with a view to avoid litigation, the possibility of restoring Mr. N. Sparks any or such portion of the Land taken from that gentleman as might induce him to forego hia pre- sent opposition to lite Ordnance Works, and renounce all claim to those parts re- tained for the Puhl'c Service, the Commanding Royal Engineer in Canada is with the Ordnance Commissioner and Captain Boxer, Royal Navy Agent of Transport* and Port Captain at Quebec, and one of the CommissioncM under the appointment of Her Majesty's Government for enquiring into the communiralion by water ihroug- oul Canada and other Provincial matters of opinion, that, looking to the very cramp- ed and obviously too confined Basin, at present existing at Bylovvn, and all the no- ccijsilies for greater accommodation which must inevitably attend the enlargen.'nt of the trade using the Ottawa and Rideau Canals, the whole of the Land taken from Mr. Sparks is necessary for Canal purposes: the greatest sacrifice that could be ad- mitted would, be so very narrow a slip at the Souih-Westerly end of the Land, that any proposition to make it the subject of negociation would be unavailing: they are of opinion Jmt every possible means should be, therefore, adopted that the Law af- fords, to sciiure the Land to the Ordnance, and that, consequently, the course point- ed out by Mi'ssrs. Draper and Scott to institute proceedings in Chancery against Mr. fij)arks should be immediately adopted. "■2. Also, the position, in a Military point of view, Captain Boxer and the Ord- s&nce Cummi«8ioner are of opinion with the Commanding Royal Engineer, that it does Dot enter into the general defence of the Province against an external enemy ; but they fully see the necessity of atfording military protection for the preservation of ttte .Ctnal works, sto<«8 and pub'* property invested in the Lands in and about Bytowi). They, therefore, consider wlili Colonel Holloway, that although it it not required ^- p (12) n n'1!ii-^ of COO 'nrU -ro ml the Binai-k-hill to he kept frco of buil.llng", ypt lhr,t \\u' vvioie i>r itiiil Hill, uad all ll>e jiroiinil wiiliin the line liaced in red u; on the ac- «o:ii!)ithyii'ij ^itfiflt, Hiiii in which no pcrTiatierit l»uiliiings at present stainl, ^hould, on no ac» oujii, he built upon » r broken into qiifirries. «'3. The ofTiceri herein riaiied find, by pergonal observation, that the public proper- ty ol the Cro.vn is 8o much exposed to ileprjdation, and the local Ordnance Ollicerd aV|Ktinted to the charge of the ssune ko much exposed l<» the violent [ roceedings of infuriated |)erson« in the neighbotirliO')d, ami of mobs under their inllnence, thiit they think it would be expedient and recpiisite tor the rc-speciive Oificers at Head Quar- ters respectfully to represent to His Excellency, the Commander of the Forces, the jiropriety of a small military force being stationed in the established Barracks at this place. "4. Thpy are farther of opinion, that until the Ordnance proprrfy on tlie Nor.h Bide of the Pasin be enclo-ed with a wall 9 feet high, or a stockade of the sante height; the illegal, vexatious anil exjicnsive pioceedings causetl by Kpiotters coniiot he prevented, — and they nre al^o of opinion that convenient ai'cess, with a proper entrance, to the wharves should be witliont delay established, and that the encroach- ment, which has stopped up the wav of approach, should be removed ; that the So- licitor at Bytown shiuld be immediately instructed tu institute legal proceedings u- gainst the parties. .„ , . - "5. The Oiricers subprribing this minute tnisl that, considering the large sums of money which have been invested by the British Parliament in these Canals, the ire- porance of the subject, the interests of the community, as well in a Military as a civil Rense, and especially the commerce of the Province, together with the heavy responsibility attaching to themselves, will ju^llfy the proceedings which they have recommended, and that these reasons will be received with the approval of the Mae>- ter General and Honorable Board. '• , ,,. j; . W. C. E. HOLLOWAY, * •, i." «. Col. comg. Roval Engineers. ' •• EDWARD BOXER, * Captain Roval Navy. J. S. ELLIOTT, i . * •'..:«•.•" - Ordnance Commissioner. I have also been perniittet.1 to see a copy of an Affidavit or De- position in Chancery relating to this same Land, SAVorn to by one Francis Ringler '1 homson, Esquire, a Major in ihe corps of Roy- al Engineers anJ Commandant at Bytown, in which that person- age swears that all the Land to which 1 have already referred, viz : from ihe bank of the Canal on one side up to ihe corner of Camribclts Hotel in Upper Bijiown, and on the other a considerable distance into Lower Town, taking in a part of the Slore-houso occupied bij Wm. Stewarly Esqr., for the last fifteen years, has r.r.EN used and IS REQUIRED, AND IS STILL USED AND REQUIRED for tllC pVrpOSCS of the Hideaii Canal. On tliis most cxtraortlinary document 1 have no comments to make, but lay the substance of the Affidavit l)e- fore the public, and leave all parties to draw their ( v. ii conclu- sions: all I can say is, that Francis Hinglcr Thomson, Ks(|uire, a Major in the corps of Koyal Engineers and Commanilani at Hy- town, seems to view the matter in a \ery diifercut light from his <1 iijon the a«'- stanil, >houlil, pnlilic proper- Iriance Ollicei!) I roceeJingrt of «it at once thing else w author- s a petty I by such I they re- lere is no fiat Colo- he Royal missoner, uty" that )rdnance that Mr. oose be- oluntari- hat, with 2:islature, I hat pro- y way of (15) [strengthening this "minute", no doubt, some one could be found [to swear that Lot letter O had been used and still is used and re- [quired for the purposes of the Grenville CanaL Armed with all these documents, they would fearlessly follow Ithe advice of Mr. Draper and Mr. Scott, and proceed in Chan- |cery against any unfortunate sinner who presumed to purchase, from the proprietor of the soil, land enough on which to build [himself a hut; and they would, also, no doubt, endeavour to ob- tain an injunction to restrain the owner from disposing of his own property, and any other person from daring to put a shovel into the ground — why? Because those Solons had passed a "minute lin the course of their official duty" that this ground should not be [broken. When the " Vesting Bill" became a law I feared for the result ' I questioned the wisdom of the Legislature conferring on this body of men such extensive corporate powers : I dreaded the erection of such a Military despotism in the Province : but I expected to ^have seen displayed by this Corporation a high sense of honor: a Jhoble disinterestedness : a steadfast determination never to do an Minworthy act, nor take a mean advantage: an inviolable regard to Jits promises, and respect to ihe rights of others: a strict adher- ^ance to truth ; and honesty and fair play towards all with whom t; might have transactions. Alas ! it is not so. The worst fore- , odings of the bitterest opponents of the Bill have been more than idealised — a curse has been entailed upon us: and all these just fend reasonable expectations have been utterly frustrated. J I am, Sir, &,c., I ARGUS. By town, ICth February, 1845.