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By JOHN WILKINSON, CI?IL BNO^INE£R AND atJRVEYOR. ttf]^j^^ ,.J, t^,I^ ,'^ti , A MEHORIAL OF CLAIMS ON TUB GOVERNMENT OF NEW BRUNSWICK, Arising in the Provincial Civil Service* The pressure, increasing with the lapse of time, of the hardship impofled by ih«j continued suspeuse of claims believed by me to be strictly just, •will be my apology for reeoraing in a printed form the correspondence and papers by ^?hich they are expbined. Thonch this memorial will be confined to the immediate record and explanation of two definite claims, it will, I trust, not fail to be observed that the discharge of these would not wholly remove the wrong of which I have cause to complain. • The first of the claims in question is that for the service of compiling, drawing, atid otherwise preparing i d completing for publication a Map of the Province, jfejrment of a balance duo for this service agreeably to an account rendered under date of 30th August, 1858, continues to be withheld* The service for which such balance is claimed, was specially undertaken at the ife(]uest of the Government, at a rate of payment agreed upon and recognised, as shewn by the accounts and papers hereinafter exhibited in relation to the work during its progress. The claim has already been incidentally before the tribunal of the Legislature, under the following circumstances. Owing to unexpected delay in the publication of the Map, and in the absence dfatay statement of the expenses incurred, information on these matters was desired by the House of Assembly, and in their Journal, under date of 12th A&rcrh, 1859, is the following entry : — " On motion of Mr. M' Clellan, ♦.' Resotiied, That a humble address be presented to His Excellency the Lieu- tenant Governor, praying that Hid Excellency may be pleased to cause to be laid before the House, a detailed statement of all expenses, incidental or otherwise, Incurred since 1852, in the compilation and publication of a Map of this Province ; said statement to shew the amount paid each person engaged in said preparation, — the particular service for which said amounts have been paid, and what portion 6f the expense, if any, and the items thereof, have been paid without the direct sa action of the Legislature; also full returns of all Correspondence, Minutes of Pc(unoil, and other Documents relating to said Map and its publication." Oti the ifouirntll of the 14th of the same month, at page 138, is the following 6ritrj:— , "The Honourable M?. T^illey, by command of His Excellency, laid before the Bousg, inpui'suance of an address of the 12th March, instant, . M;Copies of Oprrespondence and various Documents relative to the publication ofa ^ap of the Province, and the expenses incurred thereon. '^ {See Appendcv.)" I 4 Ei^^tH^iii;^ MiMHiiiiiiiiii Olellan, Mr. Kerr, onl tr.'titto?!thron'l'^r)^ ^f **'' .^^ pr.ipo«ed 2,000 copies, in eheet- only! 4uhoKouVtSr?-l2 489 ?aT^f^ «um includes all past disbursements, with £150 vet rlafmn!l kJ 5? wnu-^''*" »«^..,.3,289 IS .* The iss™T'o?'-„r . 7z.vr?j2if^ji: tion has lieen greater than was ptw^^^h ti^-r/i^i ^f "''°"P»®? J" tne prepara- the^\7nrhL\rgrfaSr";^^^^^^^^^^ regret^he absence of L't:;in^imiLToni^^!f tS:'^^^^^^^ speak in terms of commendation of the service wrforS K^Tf^*' * Sf* commencement of their Report, that thevhavT .ui«^?!S' T ^ "^*®' ** *'^ Wilkinson, and the HonouKb e CrS SrlLrT"? the explanations of Mr. inferred that^thej concur in the aSm^re'SSn'^of tftl^n^c^'r^^^ claimed by the former for hisBprvi^^a r»», ^r^^ x xl "**?°?o ot 4-150 yet inapecifi/terms. HhS s^t^S-of^"^^^^^^^^ aU«wed by the Government to be accepted by the Hou^ 'to b? rLrS^^"** J* Journal, and to go to the public witho^ut diiS ofS^^tio^ ^"^ °° "^ included. Dunne the session of 1860 a debate occurred rektlv« feT+i-TC '-^ the course of whicli, according to the authorS^iS S^I^ JJ® ***P' "» of the debate referred to is hereunto snbjSnS) ^ ^^ ""^^^ *•?*>'* Aii m,. nco and Docii- id of Mr. Mc- ^pril enauing, >i from whidi rr. Wjrld and tlio orieiimlly 9 18 2. Th& Fr. WUkingon the proposed y, which will ^rpurpoMs, rding to tbia he copyright, progressiTelr >ertain oondl- I then proceed ^immend the seasary delaj cononiy. been gi eater inal arrange- ore definitely I to an inch, the prepara- he perfecting S>$tween thu ature. Mr. onths earlier WM, accord- opinion that pected, and iment," y«t tate, at the ions of Mr. &ve it to be 'f £150 yet > that claim, tatement ia ded on the ernment to ^ised iMurt 1 accepting specifically ^e Map, in erence was le pevioos impugned 'such were the report After the lapse of upwards of three years or unavailing ondeavoor to (rt>tain payment of the balance adverted to, a reourronce to the whole oorrespondmoe Moame desirable, bat on searching for the same in the " Appendix," as referred to at page 188 of the Journal of the Assembly, already quoted, it could not be found. In the absence of any known reason for the suppression of this part of the Appendix, contrary to the apparent intention of the entov in the Journal, an explanation wae soucht from Air. Wetmore, the Olerk of the Assonbly. Ha first assured himself of the fact of the omission, but could not fromi memory account for it. On referrine, however, to the file of the correspondence and other papers in manuscript, as laid before the House, an endorsement was found upon it as followB— " Secretary sayt it nnd not appear in Appendix." So fur, therefore, as snch correspondence may elucidate the difficulty which has arisen, it bos become the more expedient tu reproduce it in the manner in which it will now be presented. But as it involves also another question, already adverted to, consisting of a pending claim for salary from the Ist September. 1858, to the Slst December, lS59, inclusive, I have to request the indulgence oi exphiining somewhat fully the origin of the latter. oo ^^f ev^ U Cj Though previously a reside nt of the Provinpn dtirina> several yfars, rsfinn became professionally known to the Uovemment! of New Brunswick oniy in the year 1836, in connection with the share which had then devolved upon m c in the explorator y aur yo y e ^Yif^* «- '''«\1H to "■ ?'BU^",Y'j|ft^'^***liri ^K ™~T'' '^'^ "^^'^ Q uebec. Vv^n, through the intenorence of tBe Government or tISe States, that project bocamo suspended, I received unsolicited and unexpected • marks of confidence from His Excellency Sir Archibald Campbell, then Lieutenant Governor, and also from his immediute successor, Sir John Harvey, in both instances tending, for the first time, to incline my views to the public service. In the autumn of 1838 a proposal was made to me by the Government, through the late Honourable Thomas JJailiie, at that time Oommiesioner of Crown Lands and Surveyor General, to undertake the duty of re-compiline from the materials of his Office, the surveys of la/ ids granted by the Crown, and of continuing such compilation, but at a rate of salary so small as not to be an inducement to engage myself for this purpose. As the necessity of such proposed service was, however, represented to be urgent, I offered to commence and prosecute it at a certain rate per day, until a suitable person could bo engaged, my preference at that time being to embark in some other employment rather than accept inadec|uate remu- neration for professional services. This offer was declined, but "the former pro- posal was renewed, with the additional inducement of other professional emnloy- ment, which I was assured would bo necessary at frequent intervals, and for which I would be allowed a certain liberal rate of remuneration, without dedttc- tionfrom the fixed salary. With this understanding the engagement was made. In consequence, however, of my special employments becoming protracted and frequent, in order to anticipate any possible objection to the strict fVilfilment of this part of the stipulation, I usually deducted, though not in justice bound to do so, the proportion of the fixed salary accruing during such periods of special service. A certificate of the original arrangement was nevertheless given to nae by Mr. Baillie, dated about the latter part of April, or early part of May, in 1841, which was shewn to a member of the honourable Executive Council, in order to be submitted to that body, but was not returned, and, as I suppose, remains on their files. Though my position in the public service was afterwards more than once a subject of reconsideration, yet so far from its appearing at any time to be the pisasnre of the Government to terminate it, I was repeatedly assured by their spontaneou&and written pledges to the contrary, and proofs of their unabated confidence were continued during So long a period as to confirm mo in the as8«lr- ance that no change, unprovoked or undesired^ on my own part, was ei^v il i\^ tJ !Jf1 WH* HP ,r uiiD ii|i i n ili» I 6 ooBtempUitod or wonld bo nade, inooiuiatenUj with atriot honour and jwod faith Amongst other r«won. for thi. reliance a lew iay be nentioned iToo^CuenoB RLuia"^ri«q5"*;ut"^'1. *^.?."8^ '^'^ exploJatory Burvey. for tKTiiJSS Railway in 1836, with maob of the territory then in diBpute between theBJS S;SiT*«Sa*^r f ? ^-"'^f f^}*^7'^nd ah« inCJ^aeTe of ferWn ■wrioetofaoonfldential nature m relation to the aame territory in 1838. 1 wm at JS^SnJ^Sl nT""?"^*'""" of HisEicellonoy Sir John Harvey. iJ^oiS to •ocompany the OommuBionera sent out by Her Majesty's Government to make an e».par<« examination of that territory iS, 1839. during the temTr^ry s^wnsJ of negoiaUons for the setaement of the Boundary. ^On that oSr^nS Majesty's Comm.»„oner8 were pleased to acknowledge, in very ^nitS term? the assistance which it had been n;v duty to aftord them, anJ a3u5iSS waa at the same Umc d rectcd by iL Ex^llency the Lieutenant SnorToS addressed to the Commissioner of Crown Lands, of which the foUowingii a Jopj : ohLvaU^'nf ***l?r''*"y '- ^^''fj^ """lose «>' the perusal, information, and ^servation of the Commissioner of Crown Unds a note which has been addr^ to the Lieutenant Governor bv G. W. Featherstonhaugh, Esq.. on7of^ Majesty's Commissioners of exploration, which His ExcelKncv reauestemav S communicated to Mr. Wilkinson, and that ho may belSbmeJ tSby hiTSLl! Jrat conduct upon the important service therein referred to, ho has estob fshed a daim upon the avorable consideration of the Lieutenant UovemorV which HiS Bxoellency wUl at all times be happy to acknowledge. ""**™°'' ^'''«'» "» It is requested that the enclosure may be returned. " Government House, Fredericton, Nov. 27th, 1839 " .},S''Tn5*"°^^"T"**. °*^«',,d«°»?nd8 upon my time permitted me to devote only nZ < ^ "?fegular interva; 8 of it to the particular work in the Crown 3 i^;/^r7f^'"^VK° *^? ?"*, '"u'.**°*^' °»y ««"^^« had been enga^ But^ta departure from the original object was at the instance of the GoSiiment who required my attention to other labour, deemed by them of more pSe intent C Offi.^ nfi If *^ V'* ''"TS'^ment, that of my attachment to the CrowJ Land Office, at a fixed salary, when not specially employed. Ihe connection of my official services with the Disputed Territory waa such lui to harmonise with the strong interest which, from my first aSn^cS^witi; Jntfrr"' ^ ^^K-^t ^° the question of the unsettled boundary" aSdShsfi to 5L nV T ''"TK^'^ftT'' ^"""'l"" ^^7 *° ^«'J^ unremittingly in relation to this object. This I did as much as heafth would permit, wfthout makina oonditions of personal advantage ; believing that the ey^ of those were u^nmf from whom I need expect nothing inconsistent with eqJity and faJr7^1inf • and LnSnuan':^ ofjJrrL* r* "'" "®"'*' '^^''^^ ^^'^'^^ refe^efR^'thJ oontinuance of the subsisting arrangement, were not, in any instance, the result of direct or indirect negotiation, or solicitation, on my part, but free and vdim- teryp edges given by tic Government, and by me accepted in ^Sh, for ^ protection in the event of changes which must neceesSrily frSm time to tiSe occur, m the direction of public aflfaurs. To such pledg^ I claim a ZhtZ appeal as the certificates of the Government that they wefTjitfy iSd honfmbly miSLWlmtS'' K^'^*^""**?*'^ agitation, to which I have referred, not merely aU my time, but, to an inconvenient extent, my private means were devoted to research, with a view to elucidate a portioA of^loLl histoTyThiohl ^r^*t P"^'-"*,* *'? '"\'?"?" °^*^« '^»ffi°"% ^^hich had ari^n with refeii enoe to the original western limit of Nova Scotia, to which British right ^10"^ tionably extended under the Treaty of 1783 ^ unques- ♦hPfii*J!!""° of the territory in dispute had becomoat this time so embarrasaine. w« k^Jrr^J'^^i"*^?*"*?^!*'**'""' ^^ *»»« settlement of the dZ^^ was known to be dflUyed only until the information expected from the recent «'far/«,expUnation were fully in the possesston of tlrBritiTGovernS: 9. ....^..^.^.^^M.^.^>i»^S«»«^.^|||^ attd good /kith. In oonaertuence r tho prupoaed roea the British Mice of certain 1838, 1 waa, at r, appointed to unent to make joraryauapenfle occasion, Her atifying terms, suumunication Jovernor to be nring is a copy : formation, and been addressed ., one of Her quests may be at by his excel* B established a or, whiob Hia to devote only ) Crown Land ed. But this ernment, inrho 'easing interest T disturb my to the Crown y was such as »intance with and both Six ;ly in relation 'bout making kvere upon me dealing ; and red to, of the ce, the result ee and volun* i &ith, for my time to time n a light to ad honorably referred, not means were iory which I i_ with refer* ight unques- he difficulty r the recent Gfovernment. ^"'^SSSSbSs^^SbhiL! ' With this prospect it aeemod urgently desirable that auob negotiationa abouki not reoommeaoe before those entrusted with them on the l&itish side were apprised of the existence of &cta and ai^uments, heretofore apnarantly unre- garded or lost sight of, tending, as I believed, to shew bevond doubt tnat the common discharge of the Rivers Androscoggin and Kennebec was the original western boundary of Nova Scotia, and thus to establish a position in»«'* H lthou?rtem.p! Mon, wtekJy, antU the 19th Maroh, 1842, when they were brought to m. uinL ♦T^ fb"pt y th*n intended, through lilabilltv to -uJJT tKVur^uieiS SST^^ii .tn «Ti'K!r»f "*^ ? PJ!!!'?''' *** *f?^'i'^« whatever inUt be unten- tX.„«LT»h- ..,5k * ^'u^i^l***?***^ *° re-Dublirii them collectively, includlnir .^s?rntri::ji^T„dr.t^r A^^^^^^ ^ °*'" -^'^"«'^' Thb foregoing iti nn outline of the cinployraonta by which the neater nortiot, ??.f7l*i!?*°*'^u7 *''?*'* ^^ ^*<^°'® ^«" undenUxxi by tho^overnment my fixed Balai7 In connection with that olBce was pala, for Uwaa wid wUh SK uauaJ exceptions, durin« all this time, but that it W 'intend^ to^bS' wSided ^J,^ekh?.^{::.'"/.""r"°'"^?" consideration of which I wm ex^Z dk^Tt oiK^^r * *'"'J'»^"« *"»«"»» ™%ht render it expedient at their di«a»t^n to oonSifc to me when not speoiaUy employed in a pSsiomil wa^ J^h«.WfA"'*"'*'"f>'^':^*^'^^''«*" intended to be, a pledge of the to fbf ^w'*K'""'y.°° *S^ ""iJ*^' l^ deeired b7^Xrernm"ntnrSS fcLtu«r;h?H''^h"' ?°"4fy *^*":«*» defined; in order to identi^^JSSn features which seemed to be ambiguously deeoribed, and of which nb Buwev JhetrZbl?ijl^.fl^"''"S!^ T^^'^ ■' J«d father, to asS,^h,^sZSJ 2 hS^t^.«^S5**'TK?'^ boundary on the territorial rights of the^rinw When the British Commission for the survey of the Boundarv nndAi* the «««, the Earl of Aberdeen, Her Alajesty's prnoinal Secretary for FomJam a^i« -* the recommendation, as I beliW; ofsirVw^cZ-^kr^ini^Ii'iit British Comm«8ioner, Lieut. Colonel Estoourt, i^en^TT^^^ the officers to bo attached to that oommisBion. »«««»/ services as one of «JSlv*^«S«!2i**K°^t^*'«'*''.'^5;eM9' duration, this engagement was unwS iemdly sanctioned by the Provincial Government, without preiudioe to n^ Kil'ri^fe^^?'*^^®*' '^ •''«^ by an offirSmiJinSn to mJ to that eTeot, through the Surveyor General, under date of Juno 10th. 1843 My services were retained by the Britiah Commissioner until nkns of th« survey were completed at Washington, and until othi StS LCJted wifh same were brought to a close at tfe eild of the y«ir 1846 Brfo^hkS™ S B»g^»»d,.in the autumn of that year, I receive/S)m him a l/S, of^hid, ^ K«l*'r^i^*T- ' ^? "*** **^ ^ ««*^^ *h»* it ^ morel! an giJiWbi bSen so fe^ niva iv r°*"^°' |f "menial, and others like it, but tWK SSS iS S;«?nrS5!i^« '^^'^' "'*^^' " ^*«^^ remembrance of the iuthor, c. m. « . Boston, Augugt 16, 1846. S^'^tfif ' ? J*n»ncd>aw> connection, I am anx one that vou shonldb© in possession of my acknowledgments for the services you have rendmd ~tkS na appeared in Ithout intenruf^ iffht to • o!oiK> &oour neoeaMty «»aration were might be unten< Ively, includiDg r cngagcmenta, ^eater portion , part inoludivi), Qovemment, [And OfSoo that paid, with the to be regarded as expected to er duty oonaiii- edient at tlnir tfiMwional wa, . pledffe of the ih I should not 10 uncertainty iBt, 1842, had >me manifeata- lont to proceed dentify certain ioh no Borvey tain generally f the Province )ported to the. 'ans acoom- lebrooketu inder the new le pleasure of gn Affoire, at } instruct the rioee as one of sent was nnrea jjudioe to my aioatien to me Otb, 1843. plans of the nnooted with bis return to ', of which a lan gratifjring lut tney naro >f the author, ren indirectly ' 16, 1846. it, as a DCCC8- ishonldbo in ed. *0 ftam Mtre you know, ttat I have fironi a very eatly muuient lepoaml uevfbot eoofldenoe in voa ; and I will now My, that I have, li^ so doing, not been miatakan or disappointed. Manv of your dutica have leqaiied ttoargy and p«a»* vwanee and patience, berides pi«Miri^^^^^^ to absolve the GoveSment^m thJ ♦fe^'l^r'"'^.^^ ^ ^«P'*iT? ^^ of it« benefit. It is SdSuted tS? nature of the act exercise such power. Had I so for entertained distrust of the assurances of the Government as to consider my engagement in Ihe public service to be without anHSnteJ of KZl?fr^%l''T-'^ *^^'**l™'y P'v-^^^"** ^«"id have been ^ Crm^^f entirely free to act in conformity to that feeline. But unforfnn*t*i J V ^OT^* entertain such distrust, and havi made arranSWo^mf S Z^^'i^ln fol d^endenoe on the sincerity of the QovemmeSt, so that follSrto abS by t^" oira fijwntanBOus act will to myself be ruinous. ^ ^, **^^ no* be deemed encumbent upon me co state or defend the reiiMMii. -mhuu the Gotemment were pleased to consider in the first x^ScrLTTie^JtS justify them m gm^, and afterwards in frequently re^ffirmiS,^he aMuranceS m question. I* >!>rtrusl^ sufficient to have shewn that tke7were SS accepted in good foath. Were it, however, either neiiessary ot iSevant todn^ I might in some justification of the confidence heretof^SS^Z^ aonSal to CTidence that whilst the Govermnent now deem it prope/Vwi hhoM fZ^ declaims under consideration, amounting together to the sum S^£?^^ exoluBive of interest, a sum of not less than £50,000, and prokAIv a much ^ger amoutnt, has, in one instance, through the instrumented oTmy wr^jT been averted from the burthens of the Province, together with tJe inK whSh Fould have arisen on such addition to the public lebt duSthe S^x SSS I might also for a like reason claim the privilege of vinSini thn J,^i correctness of the vie^ which in the year llsi, it^seled mrd^f to suG to the Government relative to prospective railway expenditure in this ft-Soe it's?. '^f™"y "W* d-rV""^! y^Mb^eksTuESfo tl'o'r I ■wimriMiMifitfi- MttHMM. ]ial Govtimment Btent which has Honceofmy aui- |reai8 and a half, oa to reaffirm it, letter addrecsed Bneineers, dated y the Provincial fiBg the consent etnpIojOieQt as be done without £«adi)ffioo." ly the pro|)osed mB repeated, in ►th April, 1848 ; terwards recog- ; aware of any oh, cdnsistently nment from the t disputed that liey have power lith alone ; bat iousness of the comment as to y gaarantee of keep myself ately, 1 did not e amiirs in fall abide by their > reasons which 18 sufficient to the assurances ere given and levMit to do so, 1 me, appeal to ihold frran mo £413 68. 8d., bnsbly a much >f my services, interest which last six years, g the general y to submit to ;his Province, I Railway debt efore adverted stion and the posed to their ndgood faith, ce as seemed u COBBSSrOimiMCE AKD f APBR9 RELATITB TO Claims on the Government of New Brnnswlek. Tns new Map of the Province was commenced on the Ist April, 1864, unaora verbal arrangement with the Hon. B. D. Wilmot, then Surveyor Gene!ral. In the autumn of that year a change of the Government occurred, under which the work im>ceeded as Mfore, and the first writtec communication on the subject is as follows : — (Copy.) Crown Land OrncE, Sef. Mr 1, 1855. JOHN WILKINSON, Esq., Ac. Ac, Sib, — I am directed by His Excellency the Lieutenant Governor in Council to request that you will report to me for His Ibccellency's information, the par- ticulars of the arrangement which is made with you for preparing the Map of the Province on which you ore now engaged, and the present state hi whbh itis. lorn, &c., (Signed) JAMES BROWN, Suroeytr Oenerti/ (Copy of reply.) Fredekicton, 7/A September, 1855. SxB, — In reply to your request with refweoce to the Map of the l^vince now in progress, I have the honor to state, first, that the particuhunB of tho arrangement with me were substantially as follows : — Purmg the session of i-pc Legislati^ of 1854, when some discussion had ta|ten place r«»%tive to the vwmt of a coiTect Jy^p, I was consulted by the Hon. E. D. Wilmot, tijen Snrvpyor General, as to my inclination to undertake such a work, and as to the probame cost. Without such a systematic re-purvey of the Province as alone cotild afibrd the material of a correct Map, all ttiat I could promise was to prepare o Mftjp as generally correct as thp existing materials would permit, and this I was readrjr to undertake. At that time I could give no idea of the probable cost, but named Jil ,000 as the ewalleet sum which I thought ought to be appropriated to^rard the expenses of preparing the manuscript and the engraving and printing of a Map on the scale of one which I had prepared about fou r]^§en_ years prev iously, or say aboui eight mi les to an mciL I wAB UHlVM^by Mr. Wllttiul toproceed wifli the Iijap on tius scale, and to do the best I could with such materials as existed, with the view to its eazly publication without the delay or e^oense of any new survey. Nothing was 8s^i4 ftt the time ^bout my ifafce of pi^yw»*» tho^l did got exp^ ilhis to be lees favorable th^n he^to|(Hre whj^ special emplpjWf .^ QOmmeQeejlOB thp 1st AprU,imd ^me tim,e 4ift«rwardfl Wr. Wilfl»Qt '^iofm^ me ttyB^t his arrapgement on the sul;^ of ^^ }Sxp h(id been «a(QQt|on^Ui - - ...... ... jjiy jjijie cf payowpt « I Couneil, and that he w^ authorised to itUS^^sa me that would bo as iiiNrmeiiy when employed upop ppecial service This was o verl^l S.i^ nnnit lir w i um, . j.ir i r i ier ulf J 3) u 12 a fliT <^«"n«e^ to devote my whole time to the Map, with the excentit^n of ?n?7n tH^ unavoidable abeenoe. The materiak I have to dS with ^Sf Swi " *?""•'' ^""^^^^ the most patient and unremittiw apriSS fn order to make progreBS in reconciling and witine them *^ application in JSr^irfk'i" "" ""■"? North of tte^mnd Fdi ra? be Rl«, R«B- S?!L»„f TT i"";!' f^V^y '•" •» tko last, in order that, if »o«ibirt£. I have the honor to be, &o., ''' The Hon. James BrowB, Surveyor General. J- WILKINSON. nnlSlif'.rrf'T®*"*^® proOTess of the Map waa made to the Surveyor General Bhewmg a balance due at the latter date of £273 X 8d ^«**'"*^^ 1855, date offflMari^8'5r^ """" '^^" '^^^'^ *" *^« Purveyor General under JOHN WILKINSON, Esq., ^''*''^'' ^^ ^^'*'''' «^'«^''««- «'*, 1856. tn^C/*w'H"*'*^ ^\^!? ExceUency the Lieutenant Governor in Council to request that steps may be taken to have the Map of the Province uS)nwMch j^ have^been engaged, engraved as soon as possi&e, and thar2robo^op^ t I am, &c., .Signed) J. MONTGOMERY, Surveyor Generai. ai^r^*"" ^^^ *'^''** mentioned delayed a reply, of which the foUowing is .' FmnDraiiCTON, 23rrf September, 1856. M^^fTiT ^ received your instructions of the 8th inst., on the sabjeot of the Jl fhf /S^^'^'T'. *"•* "g^e* that other services of an uigent natuSf^ired Sbour Sirs nr^V^if'^y P*^ "^*["^y' ^*^« ^^^^S^^'^ to BU«3^ Kv^ ^fti .P' °^ ^^'E'' * «o™»derable portion of the names o/lliven Lakes Set lements, &c., still remain to be ins^d. The survey of the proS line of Railway from hence to Woodstock will be a cause of fScr dela^?C ^g^^^^K ) in the course tic exception of ith are perplez- ; application in that I hope to ^er RcBtigoncbe at month, with le River Reeti- if poBsible, the to a^ust and gor, and T pro- le be«t ezilBtiii^ >ur is done, but igraver. CLKINSON. reyor GoDeral, rom the com- cember, 1855, Gleneral under :urred, and in «nd for a time ently required imtoligaiinary ™'*h St. 'view ; session of the ved from the • m, 1856. )r in Council 5, upon which WO copies be )MERY, ;yor Oenerai. following is ier, 1856. ubjeotof the iure required • suspend my a of Rivera, the proposed delay, but it ««««WiS: 13 wUl be my desire and comest endeavour *4^Wk-jiisiU> fblt efitwt your directions as soon as possible. Z have the honor to bo, &c., (Signed) J. WILKINSON. The Hon. J. Montgomery, M. P. P., Snrreyor General, &o. Durinff the ensuing winter the Map was Buffioiently advanced to be put into the bands of the engmver, and the state of my aecounta relative to thniand otiier servioea required me to address the follovring semi-official note to the Provincial SeeieteTy, to which special reference is made in a subsequent pwrt of this oorres- pondenee : •«- ^•i FHKDEniCTOir, 27th March, 1857. ifr DiAH Sir, — There vmH a balance due me on the 31et December, 1855, for the Province Map, as by account sent, £273 Os. 8d., to cover which I received from you in August last £300. The difference is all that I have since received in, part. On making up the account to 13th inst., (the Map being ready for tracing off previously to sendine to the engraver) I find the balance by the state- ment enoiowd £365 6s. 5d. ^erewill b« some small additional expense before the Map can be sent off, which shall be as promptly as possible. In the mean- time, I am sorry to say, I owe nearly the whole of the above amount at l^e Bank, and should be glad of £350 on account. I enclose also, a statement of account for expenses of Railway survey incuil*cd up to 15th instant : balance, £236 7s. 4d., with vouchers, and another account for services and expenses last summer relative to the several bridges theriein mentioned, £103 6s. 9d. Besides the amount of these balances an advance of £200 will be necessary to enable me to meet current expenses of the Railway surveys commenced for the season, all of which I hope will receive the &vorable consideration of the honorable Council. I am, &c., (Signed) J. WILKINSON. Hon. B. D. WUmot, Provinotnl Seeretarj. It had been decided, with the approbation of the Government, to commit the enjpaving of the Map to Mr. Wyld, of London, to whom, on the 18th of April, the nianufecript was forwarded, with a request that he would advise me: ot the time at which the plates would be in a state to furnish proof, as it was proposed U^il should then oe on the spot in order to make additions and corrections an^ Qwfgwia&to ensure the pompt and satisiactory issue of the first copies. la 4 let^ej^^ted 26ih November, 1857, he informed me that.'tfae plate would be ready ^ it^.jbispection, and additicms in the course of January following, This mfov- majtioq. wati ogyifiownicated to the Qovemment through the Honorable Provincial %«retery, iujord^ that I might receive further instructions. After some con- versation with the Secretary on the subject, bo requested me to furnish an, estinuite pf the whole cost, in order that it might be submitted to Council. Such estimate was, given under date of 30th December, shewing the total probable cost 6f.tlie,2>00O (foplee, in sheets, coloured, including all chargec and expenses, to \» £^i55f : 17b. 8d. Whilst vraiting the decision of the Government, I continued to un^utreth^ materials vranting in order to render the Map more perfect, and at lei^Ii received a oomnmnioation, pf which tlie following is a copy : — Skcbetart's OmcK, 21st January, 1858. Sot,— Tour communication relating to the Ikbp of New Brunswick, now in course of being engraved, and suggesting the propriety of your going home to superintend its completion in England, having been under oonsidevatMa of t^ Government, I am directed by His Excellency the Lieutenant Governor fo inform you thai it is tiPt conrid«red esnpediont to incur the expeiffle of a special miSBion tolkigland,bat-if by iffritten infijrmation or instructions to Mr. WyU or the i3) If 11^' u engraver yon onn in any way render the Map mora complete, it it verv deunLIe that such Blwulu be forwarded. *^ i%aVe 4o ^ «•**»«» John Wilkln«n, B«,., Fredericton. <^'«"**'> ' '^^ '^^ '^^^^r Onreceipt of the above I immediately wrote to Mr. Wyld to forward proof *f^**" *^ *•"• ^''P'J" o"^" that the aame might to e«amke^anJ«o retonied aasoon to po«ible with sach additioim tad oorreotiraTM mS bl jeedM before the 2.000 oopie. were printed off. UiidHIS?? 25* F&S J!^S^"^"T?.T*'*'^***'»P«~'"'«*1°»'«» had been ditpatohed wSoSSJ Mfer.% ^1* *.'>«'»«'* ^^"H^ofike parcel it waafcr a timed«S2 to bdteit and only after much inquPry I succ^ded in recovering it eaS^in 5^1 J"^r° ir V'''^ *° imperfect copy in the poB8e«ion of th« SurvJvor General before the adjournment of the LegiBlatare. ^^ ^.^'^rf**' «-Sl^°l£*^® ^"P^*®?!'"?^ correotiona were siade and oklrtlOM kupplled as were "eo^wry. without forther loss of time, arid On the lat May folIoSK WW returned to Mr Wy d in order that the plates might be perfected aireS,S to the same ; with directions that as soon as this coufi be dSoe anotKt Sf L wmmeSd ^"'^^"'^'^ ^°' ^PP'^^*^ ^^^^ t^e printing of the whok s^uS It is here necessary to advert to another matter which, unexpectedly to mytilf K*Srn?*h'"**"«^'i'', *** the business of the Map.' The^SmSyjidS £?i^n ^iSl^^W* ^°^^^ ^"^? ^'^°°' Frederfcton towards Wodds^t, inm^fif ^""^'^^^"F' ^^f!,^^^ Pi '^^^^ >* ^" suspended by the Got- ernment m August. Uertain advances l?ad been received in part of the expenses prevented iny *y Board untu «,^«l:-J 1..X AiT^TiL • -"— " .-i^uc u. wiii-, rwwsiving no answer, I Bikin applied to the Chairman, who informed me that as the service to which^he t^h^a^^'^f^r?^*^ P"?f *° ^^. appointment, he had referred the saSS to the Government for their sanction and waited a reply. ^^ .r^io ««S *PPHH*° the Provincial Secretary in order to ascertain the oadfle ^^iS « T r!5 ' f ^^!? ^ ^™. *^''l '^'"*' aiscrepancv existed between S advances as I had stated them, and as they appearedlh tSe minutes of CounS wlS.?wT « «^t "'"",*' ^ ^^*^'^* tlis'^the case, and thatSi i3Se ,w« \^^ applied for and received on account of the Map, had b^eiu SSh= ^H '^**°*^^' *'?*^'"^ '° the minute ob on account of the ShWftyWoe,^^ ^A^T^^^^"^ T^^?S. *^« statement hereafter made with the ^ M^^fl?^*''' ^°°- ?• 5- /'^'"°* «« Pfovmcial Secretary, under date im March, 1857, a copy of w;hich is above given. I certainly^did not u?d»n^ *^^^^}i^SeOTBtaTy in the first inftance to doubt fhat tte iiMSnenS" «xfated, but to assip as a cause of delay in authorising a settlement of the SopS^ ihat a minrte of Council could not be altered but by authority of OottBcUMS that the case should be considered at the earliest opiirtuniS. T*^^ T,?1!i!^^°*^'li.!'°T''*'*' ^^?P^4 ^^fore a mor/definite answer was received. I at length asceriained, npon inquiry, that at a bitting in May, 1«5» the Honorable Council had, without affca^ng me an opportunir of^^riS ■Variation, decided against the credibflity of 'my stJC ^ %h0 H^S SeOT^taryuamediatay alter the adjoummerit of t4 Council left ■•Sbl SS *ndwas absent for some time. In the oodrse of this hiterval it *S/p»S? m Older to ^m « re^inrwitigaUon of the case, that I should appeal to Sii ExoeUency the Lieutenant Governor, and the following oorrespondeiS^nrnJed^: ihBgteayetoftatetoyourEjteellencytbftt tlie batwaee fbr 'OKPeBSM a£ ^ 2S^f*^^P<«^ felwa* from /redarirton S!SS wUnr«J»iS« |»ior to 26ai St^mim kuit. and aaovnting io £438 ia». 74., «a»ifti iJK M very d«uralble L. TILLEY. > forward proof amine'l ana oiio na aa mudit be tohed aeoordiiur r a time deeuea ring it early in >f the Surveyor Ittlona supplied [ay following it beted a^reeab^ another set of ieWhoVciboall atedlytomytiljf irrerand pitrt rds Woddstodk, ledby the Qot- of the expenses ptevented my 'ay Board lintu iswer, I ai^fn ft to which the !erred the same tain the oause d between the teflof CknunSl. latan adraDee beeQf lilfjnMnB' sertioe/ Tba with the ndtfe' jr date oiSttlh ot undenltoiJt I inadvmrCmice ofiheaconmt, r CouaoiJ, and ite answer trss inmj im, of adfenceot: E%e HononA>Ki) i*b PjrovtQoe wmed pat>pier, Bippeal to His snQe«nsued: 'WM, I8§8, peases »f ^p aftiiii) HBjKid.. 15 e^ The lUPoiibt Wis sent to the Chairman of the Railway Board on 29th Decemuoir last, jeoeijpt of which was aeknowledged by him on the 15th Januaiy following, with the mformation that it had been ref^red to the Qovwnment. I afkerwuds froqoently applied to the Honorable Provincial Secretary on the subject, and was not informed by him of any cause for which I was personally aceoontaUa, for delaT of payment. The reason of delay assigned was, that a minute Oi Ckmncil in May, 1857, specified an advance by warrant of £350, on account of. the BaUo way ezpenscB, wbieh I had applied for, received, and credited, on account of the ^p of the Province. There is no doubt an inadvertence on this point in the minute in^ Oounoil, but fur which I am in no way accountable. In order to fiujilitate its correction I affwded whatever information was desired, and was omrtainly left b^ the Honcn»hle Provincial Secretary to suppose that such infor- mation vras satis&ctory. But arter enquiry at his office, after the sitting of the honorable Executive Oouncil in Mavlast, I find that a minute has been made authorising the payment of £73 I8s. 7a., only ; that is to say, the above balance, deducting £350. My information, therefore, has. been discredited by the honorable Council, without any intimation to me previoua to their decision. Under the circumstances which I have stated, I trust that I have a reasonable and just claim to the balance in question, and to interest on the same, say from 31st December last. ^ I crave that your Excellency will cause enquiry to be made and whatever is right to be done in this matter. I have the honor to be, Sir, Your most obedient servant, „ , (Signed) J. WILKINSON. To Bit Exoelleopy the HoQorable J.H. T. Manners-Sntton, Ueutenant QoTernor, Ao.Ao.Ais. After the lapse of nearly another month, I received the lollowing letter witE reference to tlie above : — Secretary's Office, Fredericton, 21st July, 1858. Sir, — Your application for balance due you op account of the Railway Survey having been under consideration of His Excellency the Lieutenant Governor in Council, I am directed to inform you that the £72 ordered to be paid at the last Cowieil, wit^ the £350 previcmsly paid, settles your chum on Railway account, aiid that your claim for £fae preparation of the Map of the Province, when pre- seni»d, will be immediately considered. :"■'"" I have, Ac, (Signed) S. L. TJLLEY. John Wilkfaupn, Esq., C. E., Eredacictont ;Fo this communication I replied as follows : — Fbbdbbicton, 23rd July, 1858. StR, — I l>eg leave to acknowledge your communication of 2l8t inst. , infwming me that the decision of His Excellency the Lieutenant Qovemer in Council^ Mdative to my applioation to him ^^ » • ^^' inspecting Bridges, &c." Ordered " for Auditor Gen- The accounts were accompanied by a note, dated Mareh 27th, 1858, from Mr. Wilkinson to Mr Wilmot, t»rovincial Secretary, in which he stktes there » due him on account of Alap £365 6s. 5d., and asks for £350 on account. He also iSi^ there vras du r^ him on account of Railway Survey, up to 15th of March, £236 7s. 4d., and that an advance in addition of £200, willlw necessarr to meet the current expenses of Survey. ^ On the Ist April, 1867, warrant No. 155 was issued in his fevor for £350 on ^f^^^^^l^^^t^fy Survey, On the 28th May, 1857, warrant No. 211 wafl MBucd m Mr. W.'s fevor on account o£ the Map. And on the following day nitiwiiifiMiiwiiiiiiiiiii'n'iii'ir n. If to theviaeinbors roagh faiadTttt* orth«t of the 1 oa part of tb« I yoar offioe. I any Babfleqitent e. the Lieutenant ipondenoe, been he faithful and by Mr. Wyld, ite retomed to perfected proof D oU materiatty Id requests an ILKINSON. July, 1858. icy the Lieut- yj was pleased 1 sabmitted, 1 f I which I now [i. TILLBV. 28M, 1858. on, under date w your £xoel- ' consideration B from Freder- ier was made: * on account. ) in course of Auditor Qen- i58, firom Mr. B there w due int. He also th of Aforoh, BSHarytomeet r for £350 on No. 211 was blowing day, »fcf¥' Mity 29tb, the Chief Oonuniaiioner of tht Boavd of Works paid Mr. WUkiMon X103 6s. Od., amount of his aooount for inaptcting Bridgu, 4-0. The following appears to be the true state of Mr. Wilkinson's aoocmnt for Man to March 13tlvl867 : — 29 23-31 months serrioes preparing Map, £88, . . . OflBco Rent, 2^ years, .... .... .... ,,, Fuel and Ixpenses, « •'*• On which the foUowing payment! have been made 1854. AngnstSlst, Cheque, Dec. 6th, Warrant 489, 1855. Apra drd, « 91, Dec. 24th, « 59, 1856. August 2nd, «< 844, 1857. May SSth, « 211, £1180 8 10 27 8 iii< i .i £1166 8 10 • ••• • •• • • •• ♦ • •• • £100 100 100 20000 80000 20000—1000 Leaving balance claimed by Mi. Wilkinson of £169 8 10 bahwat AOoomT. Amount of account rendered to March 15th, 1857, £836 7 4 do do do to 26th Sept., 1857, 1123 18 7-£1060 On account of which the foUowing payments have been made : 5 11 1856. Nov. 25, Warrant No. 4^, .... Dec. 18, " No. 40, .... 1857. April 1, « No. 166, May 1, «* No. 173, JuW 6. paid by Chairman Railway Boaxd, Sept. lt>, do do 00 £200 4000 S60 2000 236 7 5000 4 — 1886 7 4 Balance as claimed by Mr. Wilkinson, .... £78 18 7 The Auditor General reports that he has not yet received the vouchers for charges made in account rendered for Railway Survey to September 26th, 1857. Mr. Wilkinson states that if the £350 paid on account of the Railway, is not transferred to his debit on the Map account, it will have the effect of requiring him to refund that amount, it having beoa advanced for services alreaay per- formed in 1856-7- This can not be the case, as it appears by Mr. Wflkinson's own shewing, admitting his claim to be correct, that notwithstanding the £350 is placed to the debit (u the Railway aooount, the balance due on the Afop is but £165 38. lOd. (Signed) S. L. TILLEY. To Hii BxoeUenoy the Honorable J.H. 1*. .Uannen^ntton, Jilrateuaat Governor, ice.ie.Ae. It m^ be noticed that the terms applied by the Honorable Secretary to the above balances euro obviously unintoitional. There was no such bdance " claimed " by me in either case. The following is a copy of my rejriiy : — FamnuorQir, Slart of which I requeatod an advance of £850. That I at mine t.me anbmitted another aocount efiowing o balance of £23G 78 4d. duTon oXS:^::t^^ifSSrs'[t''^^- That«l,.ythatlreq«ri But proceeding upon the minute in Council tm it stands, you shew that under ^l^'^S!^! •^,«?^*°««d on RaUway account £f80 78 IdTor £350 ^'.te either I requoetcd or was duo to me. It i jidmianblo that Hio Excellency the Lieutenant Governor and the honorable S^ d£ to^'mf l*S.1fS' ""' "' 'Y' "'"^ *350 more than eithe7l wkcd S? or waa cue to me on Kailway account. fKiJ?*^* *l'^'*y adduced the testunony of your prodeocesor. that such mm not aSwv^n^'*"'*''"^ **"** *i^ ^^^^ inadvertently entered in the iSutoL on ine caiance ot £d65 6b. 5d. already incurred on account of the Map thafeint^lrtrJ" *^^ T"*? °^ Co«ncil, vou etiU require me to refund n?^^ T*^ Tl *^' ^"''^^ '''^^''^'^y performecT, and to apply it as I have ahgidy Btated, to the payment of aervices of another kind at aTong ButeequSnt n.Jafni°'^^"T*^''*^^.^''SJf™* "«^* ">« vouchers which accompanied my account, as rendered on the 29th Decemb<- la^t, have hitherto been witCd Lrq\":?tl7r XdlSd*^^^^ '"" ''' ^""^'^ '^°^"^' ^' *'^ ^^""*^^ lenly^L*°irai5^G'±i^^^^^^^ °^' «^ ^-^ fi..^"f?*' ^"^•'*°' °*" *T® ^""P' ^ ^'^^'^ "Ot yet received the information I expected from the engraver. In the meantime, I beg leave to refer to the rcsTot!^ memonmda, dated 30th April last, laid beforf you as an aSLctof mySutte for the information of His Excellency in Council . ^ accouuis, I have the honor to be, &o., The Hon. S. L. TiUey, M. P. P., Provincial sSS'V. *c. '' ^^^^^NSON. COPIES OP TDK MEMORANDA BEFBERKD TO. No. 1. Fbkdbricton, 30M April, 1858. BrSS°^"^'*^''"°^ ^""^ publication the new Map of the Province of New Amount of account to March 13th, 1857, .... . . £Ug^ a « 1858. April 30, Estimated amount of personal liability to' Mr Wyld, value of my own labour and miscellaneous expenses up to this date, Received on account : August 31, Cheque, 550 1854. 1855. Dee. 6, Warrant No. 498, April 3, «« No. 91, Dec. 24, '< No. 59, 1856. August 21, " No. 344, 1857. April 1, " No. 155, May 28, " No. 211, £100 100 100 200 300 350 200 Total, being amount of two Legislative appropriatiorw of £700 & £050, £1350 tMllB n of tho Map of That I at Batno 7b. 4d., duo on )d an advance of that I requested shew that andor 7b. 4d., or £350 nd tho honorable ir I asked for or it saoh was not ie minuto as on Bum, in part of lap. iro mo to refund ply it as I have ong subaeqaent !h accompanied • beonwitnheld, d the account is n of HisExcel- ition I expected the respective of myaccouutfl, ILKINSON. April, 1858. wince of New £1165 6 5 550 10 K) K) K) •0 19 • ?.v d / I immediately attended to this request, and saw the Honorable Secretary, who entered into a brief explanation and defence of his own view of tho minute of Council, tp the effect that it could not bo an error ; but disclaimed any intention to impugn my own statement that I had in good faith applied for and received the £350 on account of tho Map ; though it appeared to him that in granting that sum the Council intended it should be on account of the Railway Survey. But, whether this had been their intention or otherwise, tho entry had been made against Railway account, uid had so passed through all the Books, ^hat to make any alteration now would involve great inconvenience, whilst by merely altering my own account so as to (ionform to the minute of Council, the resuJ^ would be the same, and that my account for the Map should receive prompt, attention as soon as presented. ;. Relying ujpon the last assurance, and rather than continue an unpleasant con- troversy which- would leave my accounts indefinitely open, I assented to tho proposition of the Honorable Secretary, and on the same day addressed to him the following note, with my accounts altered as desired ;-.:';• Frbdksicton, 3r<; 4u^K«^ 1858, Sir,--- Since the minute of Council could ^pt without much inconvenience be altered, even if the Qovemment were to adopt my own convidiion, on the reasons assigned, as to tho intention of the advance, in dispute, I have, agreeably to our understanding this morning, stated the account of the Map up to March 13th, 1857^ deducting £350 from the advances on account, as m my previous Btatement, and transferring that sam to the debit of my account for Railway expenses, as per memoranaum enclosed, IcaYing the pending account of expense /. ' ■:^ 43) ^p l.?L^L« i?"«!Sf**~*i^ *i^^ BioplkBcy th« Li«atenu>t Ctorenior a« soon aa it out be flodly Moartoiiwd. I hate, &o., I*. «» II-. B. L. im.,, M. p. p., p„„.,J?SSl{,. '• '^"•^WON m.. « -«« Fridiwctow, 1858. TheQoyenuiieniofNbwBnuunriok, > December SOth, BaluM of ttoeooat Ibr cmumm of lUilimy aoTT^rftomFrederioton towards Woodstook, as nndeie^^ £423 18 7 1857. Or. Ajpril Isfc, Wamat No. 156, traMfrrred in order to conform to minute of CtouncU of ^th March, 1867, from aoooont ofMap of Provinoe to Railway expenaes,... 850 Aogtut 2nd, 1868. £73 18 7 (Signed) J. W. _ ^ Fbidxricton, 1858. The Qoyvnmmt ol New Brunswiok^ ^^S: . ,„., . \ t, , ^ To J. WiixmaoN, Dr. March 13th, Amount of account for expeosee of preparing for {ublioation new Map of Province, aa per aocouutwn&ed >tIiiBdate £1265 3 10 1867. o«. May aJth, By amount of oerdral advanoes on account to this ?»*»»«■ m "wooant tendered, £1360 ; less Warrant No. 168, Apnl Ist, tranpJerred to account of Railway expeoMa in order to conform to minute of Oooncil of 27th l£tfoh, 1857,£360, ,, Augoctt 26d, 1858. (Signed) 1000 £165 3 10 J. W. During the period intetrening since the 18th Deoembet, 1867, I had been ^'I^^^ **S°?°? ^ *^ pelting 0/ the Map, by making additiona S cOTtec^na whieh, in the nuw of confoaed materials paaaing th^gh my handa, had been either neoeaaarily defoMed or inddenfeUy oWlo^, anlipoe. and from which he can^mlke no dedu^ioi- I hate lonotioe howevc*, that hia charge for engraving the additional matt^Whioh ia contademble, » only £16 rteriingT A o^y of & statement is ^te *■ ^™^ ** *^'^ *^"- ^- <»*«*«y» ft* 2,000 petftiot impr^ions of At the same time I beg leave to ainnex a Mat^nent of my eharee fthd excenaea emw Ma*di 13th, 1857 ; amount £261 17a. lOd. ^ ^^ expenaea OSie eoat of the Map win, unavoidaWy, eauiti «uoh ^imhte aa under the Bt Gorernor m riLKINSON. iiCTON, 1858. r, Dr. £423 18 7 850 *73 18 7 J. W. iciON, 1858. , Dr. ;1I65 3 10 1000 £165 3 10 J. W. 7, I bad been aidditions and igli my hands, lin oommuni- radngB to tlie delay in the M foUoWB : — ftM/, 1858. f. WyW, rela- 9 can make no the additional I statement la II per cent. mpresBionfl of and expenaee as wider the otrcumslaiMM it wto pOMiUe to mtrko in the flni instanoo, but I trust will be fiir fttwa ezocoding Ite eventual oeelullneM and vaUio to the PTovinou, The design of the Map oriKinatod with the Legislotare, and in oomplianoo with their deaire, as I beliere, the OorernniDnt of tint tunc, 1864, oonikioa to mo the datj of preparkig for pablleation woh a one as was needed for all pnrpusiw, including that of eduoation. JNo speoifio initnioti(nis were given, but in xaj own humble judgment it was in the first i net an e e neceiiarj that a oomplcte Map should be preparad as far as the beat ezistuig materials would permit, of a character creditable to the Pruvinoo, as an authentic and reliable document, fitted for the use of tho public OfHoos, and generally aS an Ofloe and libvarr M^p. From such an original a Map sneeudly for the use of the Provinckl Sohoolfl, could at a small expenuo at any tune be prepared. As fiur as my own labor is oonoemed, I have anxiously ondoavoured that tho confidence of the L^islatnre should not be mispku^d, and that no expense should be incurred not strimiy warranted by the fivithtul performance of my duty. I hare given to the work the knowle^ and experience of upwards of twenty years, and whatever infixmation of special interest I could obtain by correspond^ oBOe or otherwise. The chief portions oi the materiak of tho Map are necessarily derived from tho reoords of the Okown Land Office. These have been reduced, at^usted and corrected as far as possible by the latest reliable data. The latter indude whatever is material in the various racploiatory attd other Surveys that have been made, whether on Imperial, Provincial, or Sivate account, during the last twenty-tvro years. To these I have added all at was of special intonstas fer as attainable without much cost, labor, and ftarther delay, in order to shew our relationship to the adljaoent I^ovinccs of Oaaada and Nova Scotia, and to the State of Maine. With this object the Map is So arranged as to indode within its limits and at one view the fiice of tho whole terrraory interveainff between Halifiuc and Quebec, vrith every material known feature that ooold m « trustworthy manner be represented. Thus afibrd- inga fiiir baaia for Urn discussion ! ler alf i 13) n •ooh a work hy i»m in kny jmti wither to go »)oy«i< «it fch Hoort VH ^bM would be o«»ct«d '- mU)lIig«nt roaidento ui i!«i« IVovinoe, ,r 1^ otbefB of the r . . of the worf I ^M^ or wmotoly inU>r«#tod in iln oonoonw in the mp, r patchwork l«,u. 4h« Maj., aS^hioh LTh- in f.n!^I^?''*" '.r'V.Jlje^ititttbly sold for an ^i^nifcanfc price. But thlato mpo«,iWo with ot^ Mnp, j*omr«d in a ta.thl„l and ^t.^itaWrmanner unleMtljeoortbeo^»(»* m^dejfor than by puhlic «!* Thi.m>aTdb?M jBut a Map of this Provino* doea not as vet dommm the latter adrantam In reply to an onqui- r which I made of Mr. Wyld, aa to the flilrl^il and wholoaaU prioei. which ought to be fliod upon a ftap of tbe^iSnJt^ of tfcit which the Wtelature of tlia Province haa W pnnfied, tTstoSTtSt mxTl ^l ™ ''tI/'"* *l** **^.*'**' *'?'^*' * '^^"»* of 26 per cent, ia made. I obmnra tfiatforMapsof Bimilaratylennd dimenaiona other pnbliahera aiiz about the aame retail pnoe. The prfco of £1 U». 6d. reduced to earrenoy at 11 per cent exchange would bo £2 2«. Od., and diecountina 25 per cent, wourf be £1 fu.m. 3 ^L w**"* T}^ Tr.Z°^ ^ Bubjoinea a liemorandum ahewin ' WILKINSON. liW aaob a work hy i^*m in any jxtft t diftir'fnw. iiJIr 'hioli may be in )e. But thbii litoblfl BMnMr, .'bii would be m> nd the dcmtitd fiiir retail and &rnot«r of that to0 that saoh a lorod, in thaotm ado. I obwnre nflk about the at 11 percent. be£l lis. lOd. lewing that tiie be Government ig in Uie aggre- 'hioh hae toen rooure Maps of has not bemtt rod, but whioh ; aotaally per-' ) enable me to that accoiint. ihatoprfntand. e fumiihed in ileted, in order > to reimburse Ekcellency tiie r the ensuing LKINSON. i 2S The (iovonuMut of New Bruoswiok, „ ,, , . . To J. WifXMBON, Dr Iwr time and attendance devoted to the oontfrfetion of th. *fap of to.^ "^"Tf ''»"*^*'''' ■'"******«•» '^3*''' ***7, JE250 y, u 1897. April. Poatago of AI»M. of Mnp sent to James Wyld, Esq., Engraver, .... £7 Paid for hollow woodmt roller to secure package of same, U 3 1858. Blaroh 15 to April 1st. Paid sundry telegraphic mess ag es, |K/'*agos, and express expenses, for the reoo , ry »f missont parcel con- tair'iig pnK)f . ;. jd from Mr. Wyld, April 30. I'M Aartson fat tin ease, 28. Od ; RuKer f"'' wooden roller, 8s. Ud., for package ui'narcel, Mav f Postage or parcel containing proof with addittons and corrections returned to „^*Infpver, 2 Aug. 80. Sundry postages to this date, 1 8 10 3 3 9- 7 9—11 17 10 _^01 17 10 Memorandum of EBtimato of whole cost of 2,000 copies of Map of N h. : 1858. August 30. Amount of Mr. Wyld's account annexed, .... sterling £814 19 8 ^'ilJ?S.??°*' ***'*""*«*'» currency £1004 17 Amount of J. Wilkinson's account above, .... £201 17 10 ^do . do do to SlstBiarch last, 1105 3 10—1427 1 8 Expenses ofpacking Maps in London, .... sterling £9 10 Insurance f the two thouB- ihe oopyright. 1 nbout the right, eistood. Bat as unediateW wrote directed. This dins mail. The Id the meantime i fixoellenoy tho recommended me meat. Without ellenoy's recom- ftmher, 1858. to the copyright nted, I beg leavo Lieutenant Gov- lotbhig was pio- that no expense mterials as were nyself of unoer- proceeded, I had i. nt of the work, D partioulara of was said at the be less fiiTorable 1st April, 1854, ngement on the as authorised to in em{doyed on 10 memorandum Dnt question of her thought of for OflBoial and This could not i,nordolnow, I any view to a :peeted to make and to secure Province. 26 iiuiS^w " te7***r' wwwMttoees have Bnaon whtoh pOMibW may, n(H iiQiiM> JIaWy but within a few yean* give vala« to the oopyrigKT alrifht wTllSiS to the present momeat. or to the first issue of the »&p,lot wtwSedX JStiE to al ^ture i«««« during a period of forty-two yeaS. TuSri^uVwiSi 4tend the wme, is both by common law and by statute vested to Wtrae auSw ofanorigmalMaporhisaaeiKns. «» wm •www It is not disputed that the former position is that in which I am vkotd, aa&X have not assigned or agreed to assign the right in question. I h^ air^eed to prepare the Map for publication on behalf of the Government, and which has been acoomphshod in such manner that any number of copies may be avaihrt>le tor their use, at the bare cost of the same, including such advances and oavments on account as I mav have received. i^j*-™- Under date of 8th September, 1856, 1 was requested by the Surveyor General to have the Map engraved as soon as possible, and that 2,000 copies bo struek Off. 1 liave caused the Map to bo engraved and have rendered an exact account 2Un ^ "^^ ®*?®"*'' <^f t^ose 2,000 copies. If the Government had desired %WU, or any other number, I should have done the same. But I confess that it was not intended by me cratuitously and voluntarily to include in this account a Mlinqui^mont of the right which has been eo ecrupulo«iBly guarded by repsato^ I respectliilly submit to His Excellency whether under the oiroumstanae*. J am either injustice or equity bound to do more than one of the two things, thai IS to say, either to assign such right by asrrfcment, or to make good the advances and payments I have received. If the latter, it was clearly not intended by th« Oovernment that the value should be returned in money, but in copies of the Map. Inmyconimiinicationofthe30th ult., I have shewn that ^000 Maps wiJl be furnished at 30 per oeqt. below the wholesale trade price of similar Maps in London, I do not, however, contend for any claim or wish to hold any privi- lege which may not be entitled to the approval and good will of the Government. Justice to those dej^ndant on me, as well as precedent in any future case seemed to require that I should not tacitly forego a possible, though remote and doubtful beneht, rightfully and honorably tendered under one of tho most beneficent of laws. I hold no Public Offico or appointment of profit, nor have I ever held such to excuse me for indifi'orence m this matter, and during the last eight months have had no public employment at all, except incidentally in relation to the Map in question. ^ •*■ v« »5# I wa ready most cheerfully to comply with whatever His Excellency the Lieut- enant Governor may deem right and proper in the case, so that no delay m» b* chargeable to mo in rendering the Map available for public use. I have, &c., ™ X. „ (Signed) J. WILKINSON. To the Hon. S. L. TiUoy, M. P. P., Provincial SeorelaJy. »^ua^^ayj^ *!. fJ !f ^® 0"'y very recently for the first time learnt, as will be noticed hereafter, that the Honorable Provincial Secretary construes the last sentence but one in the above letter to bo on my part a voluntary declaration that I neither held or claimed to hold any public office whatever. That this is not the grammatical construction of the sentence, or its true and legitimate meaning, is, I believe; too plain to need an observation. The meaning perhaps might have been more tully, though I think not more plainly expressed, if, after the word "such," had been uiserted the words " of sufficient value."] (Copy of reply.) Sicretart's Oppicb, Frkdkricton, 27lh Stpietitber, 1858, Sir, — 1 am directed by His Excellency the Lieutenant Governor to io&rm you that ho has been advised to reject entirely your claim to any part of the <>.opyright of the Map prepared by you, inasmuch as you were employ«d to com- :««i,sM6i.i»;-»(i)-aaiijAi»aji*it'#«l 26 BMMljpMpue tiito Map m th* Mwt of the Gofftmmeot, and jrou have Keen la All ap to 13th Bpuofa, 1857, fbr jour lerviees in tb« peri&naaaee oftUs ',«t the Mt» pMpdied br Ttntrielf. uiicl«r sooh dreamstasoes the oovvvlftbt «itlii lap OMMt M i«ser«»d ftr the aolattre benefit of the Province; ct;f aa ftffthet dineted to oiU upon yon at onoe to itato whether jou are w*- pared to withdraw vcnr oli^m, as in the event of yonr declining to do lo Ihe ai m e iwii y itepe will Im imuediatoly tak«i to protect the int^rtMrts of the Province. I have, ftc, (Signed) 8. L. TTLLEY. John Wilkiiiaon, Bsq., C. E., IVederioton. Unl.va. unaware to the present time of any provocation I had given to the tone of the above letter, or or anything I had done or was likely to do to atdangw " the in torests of the Province. " _ The following is a copy of my reply : — \. FssDERiCTOir, 28/A Saptember, 18Sd. ' 8m, — I have received yonr fetter of yesterday, informing me that His Excel- lency the Lieutenant Governor has been advised to refect entirely my claim to the cojpyright, and that I am precluded from the same "by the terms proposed J^ in^lr. Ii«gr6t that I should not entertain the same constrnetion of these iermci, and that any mlBunderetanding should have arisen on the subject. I desire that His Excellency may be in&>rmed that I am prepared to withdraw tny claim to the copyright. (1 I have the honor to be, &o., (Signed) J. WILKINSON. The Hon. S. L. TiUey, M. P. P., Provinoial Secretary, &o. Ao. Bv the first English mail in October a reply was received itom Mr. Wyld to aw inquiries before adverted to, addresaed to him on the 6th September. Copies or both were enclosed to the Honorable Secretary, with the following note : — Frxdericton, 11/A October, 1858. Sir, — In con8e(}uence of a conversation with you relative to the probable take of the copyright of the Map of New Brunswick, and as to the validity 6f my claim to the same, I wrote, with your concurrence, to Mr. Wyld for infor- mation on these points. Copy of my letter dated 6th ult. , and of his reply dated 24ttf, received by last mail, are enclosed herevrith. I have the honor to be, &o., _ „ „ , (Signed) J. WILKINSON. The Hon. S. L. Tilley, Provincial Secretary. (Copy.) Fbedbricton, 6th September, 1858, Snt, — Since closing my letter of 4th inst., it has occurred to me to request you will state by return of Mail, if possible, what value you would attach to the copyright of the Map of New Brunswick after supplying the 2,000 copies required, or what yon would be willing to give as the purchaser of the same. I ask the question indeed at the request of the Qovemment, and should be glad if yon would please give your answer as decidedly as you can. I should also wish to avail myself of your knowledge as a publisher, whether my employment professionally by the Qovemment to prepare the Map for publi- cation divests me of the copyright without an agreement or previous intimation tothatefibot. I am, &o., (Signed) J. WILKI{TSON, Jamfes Wyld, Esq., M. P., (Sharing Cross East, London. jrott have iMon ilbniuuieeoftfaii settbeoopjriglit rince. i«r you 9X9 pt^ ling to do fo Ihe of the Prorilioe. L. TTLLEY. iv0n to the toue > do to ^Mienger tember, 1858. that His Ezoel- ely ttiy claim to nas proposed by 'aetion of these Bobject. '' red to withdraw WILKINSON. m Mr. Wyld to tember. Copies nring note : -^ ,'. >etober, 1858. to the probable the validity Of Wyld for infor- fhu reply dated riLKINSON. tember, 1858. > me to request Id attach to the ie 2,000 oopiefi of the same. I bould be glad if >lisher, whether I Map for publi- rious Intimation riLKINSON." (Copy.) , ' Ckabimo Cross East, London, September 24/A, 1868. Sir, — ReplvinK to yoor second letter I cannot give any opinion as to tbe TtliM of the oopyrikbt of the Map of New Bronswiok, ^torsopt^jingthe 2.000oontes. „In fiogland tiw valoe for British sale would be very iSiai, and the valafli New Brunswick would depend upon the sale likely to be eiboted after.the 2,000 copies were sujpplied. I should not be duposed to be a purchaser of 'the copy- right» or Atop in England, as the first value is exhausted by the New Brunswiok BHMly. '' Your emplojrment by the New Brunswick Government professionally would according to English law divest you of the power of seeking compensation fo» any infringement of the copyright. It is held that any one professionally employed J^ tbe State (vrithout a previous agreement to the contrary) works f(W every subject or citiaen of that State, and every one (as he is paid out of th« State revenue) has a right to use his labour, and the professional man cannot therefore acquire any beneficial interest in his work. I am afraid, therefore, unless you have an agreement to the contrary, that your employment by tbe Government divests you of the copyright. Your letter of 4th September shall receive prompt attention. Please say wjaat price you will sell the Map for in Enghmd, and if we may sell copies aiae*' supplying your order. I am, Sir, Your obedient servant. For Jaues Wtu>, T »«... « « (Signed) H. W. REACH. J. Wilkinson, Esq., FrederiotoQ. I regarded my special attention to the business of the Map to have dosed with my communication to the Honorable Provincial Secretary under date ol SOih Aucust, 1858, though whilst the printing was in suspense 1 furnished ftom time to wme to the engraver any corrections or additions that had occurred to myself or had been obligingly pointed out by others. ^In the meantime my account submitted on the 30th August had not received we immediate attention which I had been led to expect upon assenting to the alteration of my accounts as already stated on the 3rd of the same month. The following is a copy of the first definite information which after repeated applica* tion during nearly five months, I received on the subject : — Secbetart's Office, 14/A January, 1859. Sir, --.I beg to inform you that under an order of His Excellency the Lieut* enant Governor in Council, a warrant has been made in your fiivour for one hundi'ed pounds in full for your services in connection with the preparation of the Map of the Province, and for £17 lOs. lid. for espenses incurred by you in that service. I have, *c., , , „.,,_. (Signed) S. L. TiLLEY. John Wilkinson, Esq., Oiril Engineer, Frederioton. (Copy of reply.) Freobricton, I7tk January, 1859. Sib, — I regret to have to complain of the long delay of a reply to my letter addressed to^ou on the 30th August last, relative to my account fbr tne new Maf of the Inovince. I now beg leave to acknowledge having receivod your letter dated 14th inst., informing me that under an order of Hie Excellency the Lieutenant Governor ia Council, a warrant has been issued in my &vor for one hundred pounds " la full " for my services on the above account. ''***M'W""imMMWi 28' I rMpeeiftiUy d«dine aooepting thb ioW « in full " as stated. After due oonaUhntipn of tb* eiroomttiuwes and the trIqo of the service rendered, the ough the promised aid ot the experienoe and good will of Mr. Wyld, as a pub- liriber, «fiforded in the British Islandb, and by a suitable and simultaneous appeal to the public spirit which on just occasions is not found wanting in this Provmce, a ><«to on either side of the Atlantic could have been promot^ which would have li^idated hmj? ago evay farthing of the cost to the Government, provhlcd timt under a proper arrangement such sale had been committed to my hands aa a private enterprise. It was under this feeling of confidence that I addressed. ted. After due se rendered, the 9 and moderate l^^hrough my own aore tnan eight, wearily involved lent indefinitely a. I hare been , no other duty he public esrvlce id Department. ice and on leftjre ' verbally or by id to me of the )ril 10th, 1848 ; riLKINBON.; on that a letter I, but whioh, on that date on tibe Y,«nd I am well ereafter stated, arid to the Bon- by the Govem* les to that effect mdential nature partly in 1856, d claims during tion on my part, anexpected mend the foregoing proposition to be entertained, yet, '< after navmg examined the papers and having heard the explanations" of the Honorable Provincial Secretary and myself, they report as tneir estimate of the cost of the Map a sum specificaUy including the balance claimed by me for my services, which report, alleT having been duly read to the House, is ordered to be accepted, is recorded in the Journal and communicated to the public, with at least the tacit assent of the CKyvtemment. This led me to hope that difBculty and delay would be removed in my further endeavors to obtain a settlement of this as well as of my other qlaim ia question. But my personal applications during several months having been unavailing, I at length appealed again by letter, of which the following is a copy : ~~ Fbbdkeicton, 2&th July^ 1859. i: jint,^^I beg leave to state to His Excellency the Lieutenarit Governor and the hononUe Oouneil, that I have received no reply to my letler of 17th January last, addressed to you relative to my account sulnnitted on ti^e 30th August pie- oo^iig,as vTell as to my position l^retofore in the public service. It will be obsearved that the bcmorable Committee of the House of Aaiem^, tolrbom was leforred i^ correspondence and other documents relative to tM pAlieatieB df tiie Map of the Province, have, upon investigction, though witbool otte sxpnasidn <>f Opnion, indvded the origiiud amount n, B«q., Civil Bngin«>r. Ac, Fr^iSLtf ^ ®' ^^ "^^• In order to obtain a reconsideration of the above renlv a ««♦* /I-j.^j ibiu Honorable Secretary, and in a conversation on the subieot he aMn^i^iT^w ^d^Ifrn- * ^"^''"o'^d what in their opinion iKe ^ln?S^y £JrW? and that no dispoBitioa existed to uay less • but winftnim«»i-^ ISL* V^^i nooompany the Tte by a full explaSLrSf my cSTrS? iif^ajrf Council. In compliance with th& recommendation thri^ay.«y earnest endeavour was"^ to bring the woKaeW^SS^SLS'^^ 2£L*l?3Slf5 "^'^^ ^1 *****•»* and'kithfal^XSSS S£5ttS 2d Jkm ^ wWeh I was rot accountable, bat tfa« ^ndpal of whfohwmJImfiJ •tooi and aatioipated, retarded the work Ibr a longer jiriod iSni^SSb, ivooBunttJDiMtkn. WILKINSON. August, 1859. anor in Ooanoi), your pMitUmte pAynwnt wf^i hn lave for lerrbM L. TILLET. note dated lS(b sersonaUy to the Msured me tli«| ootmjiexriok, I thai I shopld ) information of adorn, a oopj of tt^tra^, 1859. in part replying acooant neoM- I reBpeot^l^ Noonaideratim Bil will perceive latioD^sncltliit ILKmsON. iguit, 1869. th inatuit, for the honoriable' B8t,will show i from time to that ih^ wHn I Depertmmtr ■ ■ '~?tl i Map ci N«ir uyior me to lumwdidfi^' ifflooltiee Mk^ b ireivand«^ The Govemmeok, however, did not deem it espedieat that I ahoold go to ]lngi> ludltt^raimiy 185», ae bed been prevkmily intended, with the ot^tof ftelu* titbf lie immediate and mtiirfhetaiypaUloation of the Map. Bat with legud to aqr fi«d to^ Honorable Provincial Secretary, under date of 2Btb September, in a manner wuS Ihoped would lemoTe any ground of farther delay. %at, a« already etateT? ms not until upwards of three months subeeqaenUy that I reeeire/ the^L^ peoted and unfavorable reply which has lead to this farther appeal. ^^ I have so far adverted to the justice of my claim on ita own meritaat a wblio service. I am desirous to add a few words as to the eommeroial valae oftSit .1 do not assume to interfere with any arrangement which the Government mw think proper to make with reference to the disposal of the Map, in ordeTfe feimburse all or any portion of the expense of ?he seme. Bat w ftr Mtodh anaogement may be supposed to indicate the value of the Map, it should notU ^^IJIl ^ ""y disadvantage. In my communication of 80th August, 1858.1 •hewed that according to the opinion of Mr. Wyld, a publisher of high standlM! the net wholesale price of such a Map in England would be equal to SlIi! lOd oarrency, m •heets, coloured. Adding aU ezpensee, this would be equal to abwii 3&. 6d. in this Province, The retail price wlUch I'paid lor the la£t edUio?S Greenleaf'sxMap of Maine, which is necessarily imperfect, and ^OttraphioStlV inaccurate, was 35s. currency, in sheets, plain. It [T smaller thS lelffMdf New Brunswick. I bolieVb that no feult was fou nd with the price of 2& cur- g^nov inahflPtH. Aftlnn^BH. which Mr. Lock wood put upon his Mp bUMV l Brim W, more than thir^ years ago, when, from the necessity of the case, the work dW not comprise probably one^fth part of the labour of the modem Map. and fa the absence of proper materials, was unavoidably very incomplete, and^ito- IJre m its geography. I am informed by Mr. Lockw^d that' the price of S Map moanted on rnllftrj i, ^nA vitm^nW , jf p/, AlUt t^ ^ "* »« The net wholesale nrloe at whiok the new Map is pfiBffoly announced Is equal to 16b. carrency, in sheets, coloured; which may be estimated at not lese thai 17b. 6d. below its wholesale trade value, though it is only 9b. 4d. below tbeao^ estimated cost, including my own claim, as shewn in my letter of 30th Aueait last. I do not complain of this, nor should I oomplaia of any lower price ^ If unwnnectedwithmjustioeto any individual, I might rathw approve of mS judicious sacrihoe of this kind which the Government might deem woper bS I trost, I may be ^rmitted to complain that this saorifiM should TOluntariirC twde, whilst a cUim in rehition to the work itself, shewn, as I trust, to be i&Or and honorably due, under the eueumstances which I have stated, should oo^tinS to be withheld. ' «»•»««» H(ISStecL"^dT****^ *° "'* Excellency the Lieutenant Governor and Ifae (Signed) J. WDJUNBON. To the Honorable Provinoial Seoretwry. After the lapse of more than four months without reply to the above commtt- niaition, the attentfen of the Government to the subjecf wa* again Bought^* letter addressed to the Provincial Secretary, of whidi the following Is a copy ;~ aa,--Pwi«ng a definite reply to my letters addreowd to yon, unde^ daS of ajti» July and ISth August last, induding an expkmatoiy^B^^ndutoStS etattOB of Ha ExoeUency tbe Lieutenant Governor in Counoil, as Aewa^^ wapecraTe aeeounts A and B, hereunto annexed. ptMBbnr, I8M« m Nq«Ht«(l IpMitD b«?« UMBdai the Man tiwpNMit tljr n|iii«d to 'tbe inaaMniierwUtii timAj stated^ it oeir«d tho iuH»- nmtiMantbUo ial Tftluc of thftt GoyenuiMDt i^ajr ^Pi in ordtr' to ttt 00 ikr M tttdi itahouM not be Au^k, 185$,! oihighstftQdiag, oual to 31s. m. oeeqoaltonboat latest editioQ of I geographitiil^ ;haD the Mw of ri ce of 2Sb. euf. Ip'fif ilflW BfllW 16 case, the work lodern Map, and ilete, and deftd- the pHbe of tifti Douneed is eqiHil at not lew ttimtk below the aotoil of 30th ABgolt lower price. If aj^rove of aajr n. proper. B«il, i Tolnntarilj be nut, tobejnalij should oantiiMe nvemor and Ae riI£IN60N. ' above ooqubu* in sought hv-i ig 18 ft copy ;-4- mier, 1«5?. under d»te» of orandum dtt^ fn^hctr ooBM(|- « meym in toe S3 Regarding the latter, to whioh I reverted after 30th Aagoit, 1858 , 1 have been mepared for ite reoognition by the Qovemmoit either by new imtraotioM, <» by doe Botioe that n^ lerrieee weire not farther required, if this alternative for fny reason as vet onknown to mysdf should be deemed proper. Upwards of four months or saspmse had elapsed when I received your letter dated 14th Januaiy last, informing me of a reduction of three-flfths (torn my unsettled aooount, and containing no lefeienee either to existing or iatnre arrangements. In replying to the same it seemed proper that I should reepeotfully ol^t to such r^uotion of my account, and also that I should recall the attention of the Government to my connection with the public service, ae heretofore recognised during the last twenty years. I have not, after the lapse of nearly twelve months, been &vored with any reply on the latter point. I have, &c., (Signed) J. WILKINSON. The Hon. S. L. Tilley, M. P. P., ProviaoUl Saoretuy. The accounts above referred to are here omitted because again subjoined to a Memorial, which, after the unavailing delay of another whole year, I felt con- strained to address to His Excellency the Lieutenant Qovemor, of which the following is a copy :— To Hit Exeelltney the Honorabh J . H. T. MAmrBRS-ScrroN', Lieutmant Gov- ernor and Commander-in-Chief of the Province of New Brunswick, 4-e. 4-e. The humble Memorial of John Wilkinson, of the City of Fredericton, in the said Pirovince, Surveyor and Civil Engineer, Shewoth, That a balance of one hundred and fifty pounds claimed by your memorialist for his services in com|)ilbg and preparing for publication a Map of the said Province, remains unpaid. That he submits such chtim as just and right, and as one which he should not be required to relinquish, except upon an adverse judicial opinion founded upon a re^ew of all the fiicts of the case. 13iat he claims for salary during the interval between the 30th August, 1858, and the 1st January last, the sum of £293 6s. 8d., as exhibited in the account hereto annexed. That such rate of fixed salary, during intervals when he might not be specially employed, was assured to your memorialist by the Provin^al Ooyornment nearly twenty years ago. That the arrangement has been volun- tarily re-affirmed nrom time to time by official assurances communicated to your memorialist by the Government, copies of some of which he begs leave to annex. Your memorialist therefore humbly submits the foregoing cuiims to such oon- sidieration as justice and good faith may seem to Your Exceuenoy to require. And your memorialist will ever pray, &c., (Signed) J. WILKINSON. Fredericton, 31st December, 1860. t Copies of the aocounto referred to : (A) Frsoxbictok, December, 1860. - The Government of New Brunswick, 1858. To J. Wiucmsow, Dr. Augost 30. Balance for services and expenses relative to Map of New Brunswick, as per account rendered to this date, £261 17 10 Nov. 4. Additional expenses as per account rendered to this Qfi>iiOy »••• •■•• ••■• «•■• seee D Xo X 1859. Ce. January 15. By warrant on Treasury for . . Balance still claimed, £267 10 11 117 10 11* £18fr a i "li V ■ il ijlpc- !;e; ; iler :alf •mmm if Th* aovwnncDt ofNtw Braoswiok, 1860 (■) Oot. SI. , . . , To J. WiMcnraoN, Dr. Amount of Mkry dut to liim under ■ubiistimr ennm- m«D«, (m reooniiMd in kftters oflloially addrfMNMi to hfej, dated Jan« 10th, 1848; Jun« 7th, 1847 j April 10th 1848; May 10th, 1850; November 2Bd, 1862 ; Aujruat 16th, 1853), from 30th August, 1868, tb« olOM ortha laat upeoial 9«rvic«, to qoartw end«=g 31flt Oetobcr, 1869, Dm. 31. 1 y«ar and 2 months, at £220 per annum Two additional months at the same rate (being to the oommeooement of his engagement to the Board of worfci,) £256 IS 4 36 18 4 £293 6 8 Copies of the letters above referred to, being included in a paper, a copy of which is yet to follow, are here omitted. (J/6. jJ^^^jf y *^*^ ' ^^. An aoknowledjyment, of which the following is a copy, was leoeived from Bis Excellency the Lieutenant Governor : — •-to' GovKBinnofT jJousb, Fbedkricton, January 4/A, 1861. iJ'^T^ *° directed by Hie Excellency the Lieut«aant Governor fo a<^iMW- fcdge the receipt of your memorial, dated the 31st ult., and I am to iutoim you tftat His Ji^cellency will refer the same for the consideration of the Executive Cooncil. I have, Ac., Joha Willdn«.n, B.,., CivU Bugineer, Ac^ML. ^' ^' ^^^^^^ After the lapee of nearly four months an answer was received as follows : — PBomjcui SxcRKTART's Ofitcb, Prxdibicton, N. B., 18M April, 1861. Sw,— Having laid before His Excellency the Lieutenant Governor in Oouneil your memorial setting forth your daims against the Government for anears of ' lalaiy and balance due for Province Map, I am directed to inform you that your eialm on account of the Map vms fully considered on a former occasion and decided. The claim for arrears ol salary cannot be entertained. I have, &c., J.Wiiy»soa.B«,.,irred.ricton. ^^'«"^> S. L. TILLET. I trust it will not have the appearance of contumacy that I should still fail to perceive more clearly than heretofore, either the jusHce, equity, or cood &ith of the decision conveyed in the last cited letter of the Honorable Secretary. After the lapse of eleven months, I was constrained to renew my application as follows . Fredkhicton, Zrd March, 1862. Sni, — I beg leave respectfully to submit to His Excellency the Lieutenant Governor in Council, that my unsettled claims, heretofore the subject of wo- teacted correspondence and of the unfevorable decision of the Government, should 00 reconsidered. • ^ ^^h .t^j", *PI!e»l be<»use I am unconscious that the claims in question am in good faith lees just and valid than any of these which, during a pijfblic service of upwards of twenty-five years, the Government have honorably acknowledeed ana discharged without objection or imputation. I had incurred obligations in reliance upon the strict justice and good faith of those claims, and these obbgations are now, and have been for some time, under eimuutanoes of painful anxiety to myself and family, pressed upon me to the •xtrttn© Of the law, and must be dischaifed at a sacrifice, however ruinous. , Dr. >ini, Dth, ^t th« )69, £250 IS 4 th« kl.) 36 18 4 £293 6 8 laper, a copy of »oeived from Bii r^ 4/A, 1861. mor *o aoknow- 1 to iutoim you »f the Eieoutive CAMPBELL* ( u follows : — ( April, 1861. imot in OoDQoil t for arrettrs df n jou that your it oocaidon and L. TILLBT. )uld still fail to or good fkitb of icretary. After itionasfbllowB: \Sarch, 1862. the Lieutenant subject of pro- trnm^nt, should in qucstioq are a public service r acknowledged d good faith of me time, under pon me to the r ruinous. H I am Tally fmipartd, ptraooaUy or otherwiM, to afford ony information or explanation* in relation to my oaae, which His fiioaUMtoy or tlM hooovabla Cuuneil may desire. Ihave, ibc., ^ „ . , « (8«iwd) J. WILKINSON. Th« HttB. 0. !«. ZUlsy, Provlnoial Bserstary. Pending the consideration of the above by the Government, one t»f tiM honor- able meaibers who had recently joined the Bzeoutlve Oonnoi), to whom I bad privately spoken on the subject, and who was not familiar with the grounds of my oMm fer salary, requested me to state the same in writing. In complianoe with this request a paper was premred, and submitted for his perusal. Itwaa afterwards shewn to the Honorable Solicitor General, who happened to be near at the time, and who was pleased to say that he would add it to the other papers on tlie subject already before the Council. The following is a copy : — Frkdirictow, 17/A March, 1862- (^HemoranduiMebttini; to my claim of salary from 31st August, 1858, to 31st J^ecember, 1850, 1 aubjohi copies of the official assurances from time to tine given me, and to which, in former oommunications with the Govsnunent, I have referred. The offer from the Governmen t in 1838. of an engagement in the Crovm Land Office, at a small salary, was atilnl dWUned by me, and accepted only on the assurance by the Surveyor General, of such special employment from timi.to time, as the public service frequently required, and which it was his own dispo- sition and that of the Government to confide to me. The arrangement was not formally made in vnriting, but aubnequent circumstances will shew its existenee, and that I hud no just reason to doubt its validity and permanence. My occasional, and sometimes protracted, absence from the Crown Land Office, especially on the Boundary service, eventually led to an objection on the part of the Surveyor General, to a continuance of my salary as a charge on his depart- ment. There was, in fhct, no other department at that time to which it could be ohbTged. Upon representing this circumstance to the Govamment, I vraii personafly assured, both by His Excellency the Lieutenant Governor and by hon- orable members oi the Executive Council, at that time, that my situation m the Crown Land Office would not be prejudiced by my absence on such professional services, not connected vrith the duties of that ofi^, as the Government should from timo to time require or allow. Although this was verbaUy well understood at the time, there was, I believe, no distinct official assurance to the same effisot prior to the application for my services by the British Boun&ry Commissioner, under the treaty of Washington. The official notice on this occasion, which I received, and other communications of the same kind, are as follow : — Crown Land Offick, June lOtk, 1843. Sir, — I am directed to inform you, that applicaticm having been made by Colonel Estcourt, the Commissioner for settling the Boundary Line under the Treaty of Washington, for your services to be afforded to him in the operation In which he is engaged, and Her Majesty's Government having intimated to CoL Estcourt that you might be so employed, you are therefore hereby informed thsit your emjdoyment on the Boundary survey is sanctioned without prejudice to your situation in this office, but your salary in this offiob wOl not of course be ura'tm whilst so absent. I am, ^;, (Signed) THOS. BAILLIB, Surveyor O'eatt^- ff ller a ^ If 13) sllSfcift-: '*ii-mi^^mmilHM I BmmnA%r» Omci, 7/* June, 1847. a*, — I ftta dirMtod br Hii Excellency the Uevtenut OoYernor to »pm^ you thHt Ai.H^>r RoblMonU .pijled to tli. Exoellenoy for permteioii to*^KalI hinwelf of vour ■ervioei In tmktlna him in hii ezplo^tion Md miryey of the propoMd line of Railway from HalRkz to Qaebeo, and thai Uii Exoellencv havinc oonddered the important natare of that wryioe, and that the work may be other- *^ l!"^y**ll liM been p eased to loneent to your undertaking that empiovment with Miyor Robinaon and Chiptain Hendenwn, and that it ahall be done without prujudice to your Btotion and atandlng ai compUer in the Crown Land OlBoe. I hare, &o., J. WUki«on. E.a. ^^''^'^^ ^^^ SAUNDERS. Skckitabt's OmcB, Fmdiwctow, 10/A April, 1848. „ f/*'~-/°'>' ^PPpJptroent to conduct the exploration and survey of a Line of Railway from St. John to Shediac, under the Act of lost seoaion, haviur been officially announced in the Royal Gazetlt, 1 have now only to inform yoS that Hia Excellency Sir William Colebrooke in Council, wa« pleaaed to order that you Bhould employ such aesistance as may bo required to enabfe you to ezeonte the work expeditiously, and that the necesBaiy authority should be given to vou to undertake the same without prejudice to your situation in the Crown Land Office— to be resumed when the survey has been accomplished. I have, Ac, T V w,.!.. « „ .- (Signed) JOHN SAUNDERS. John Wilkhiflon, Esq., 0!t;1 Bnglnear, Froderlotor. m>¥J »«'T\'^ ^«!« requested by the St. John Water Company in November. 1849, and leave of absence was granted to me on the same condition as in the F^^n S*^i'^^n r^'^Tu^ : *^^* '"'"' ^''r? »«««««7. «d which I appUed for m May, 1860 The following is a copy of the reply v^hioh I received : -- Sicretart's OtncB, F«M)kiicion, 10/A Afay, 1860. Sra,— I ha,ve duly laid your letter of the 6th inst. before the Lieutenant Gov- ernor, and UiB Excellency has been pleased to grant you leave of absence as requested thorem. j ^^^^ ^J.^ ^ T w»i.t n. n n. . . r. . (S>gneuer. I was uMowed by the tbf» Lumteowt GQwamos, Sir EdnwndQM4»ihM foir adYAqoM on engsged, it 1»4 mych«qa«Rdni; 7 20tb» a furthei; against me; for mont or MtUfiwo. the GovemmeQt ans having been ventuallj to giro iyisnow thmt- apound inte>wt» VILKINSON. he 4tb Decsmbsr rith an aadience ' was pleased to ce, that it would late than anj to e of that connec- 8, during which hat account, and the Map of the caed to have been by the unbijoken tne Government ovemment ; bat rledge was ^er iting assurances more fiivorable e the retirement }f the same an very confidently to my prejudice lency, I had no eyor Genera] at p, would certify Government to rioasly pledged, ry to him toseo )f Mx. Wilmot, id no hesitation ly undertoc^ to > permitted ^ r HA, 1863,. enioff, thea, to enerai^ in 1851« iQffiwaacomr nod Bead, tlukt S9 when any special service was required, that would afford Mr. Wilkinson more wmttoetfttive employment, it was intended that it should be given him, particu- torhr M Railways were about being undertaken in the Province, it was desirable tMt his tervices as a Civil Engineer should be on hand, his being placed on the Orown Land staff being more in the light of a retaining allowance than a sufficient remuneration. Ovr'ng the period I held office, he was almost constantly employed on special aervioes, and it was well understood by myself and the Government of which I waa A member, that the preparation of the new Map of the Province, was one of these special services, not to interfere with his position as compiling draftsman u the department. ° XI. ^* Z^ SS'^®' contemplated by me, or the Government of which I was a member, that Mr. Wilkinson's connection with the Crown Land Office should cease in consequence of his being specially employed, vertainly not without due notice to that e&ct. 1 have the honor to be, Your Excellency's Most obedient servant, «.!»»., .u « . . , (Signed) ROBT. D. WILMOT. X» His iMallm^ th« Hon. Artbor HMUilton Gordon, 0. M. O., Lieutraant Governor and Oomnmnder.in-Chief, &e. fte. &o. After the lapse of upwarda of nine weeks an answer to my letter of the 4th November waa received, of which the following is a copy : — PBoriKCUt Secretary's Office, Feedericton, N. B., I2th January, 1864. T ^'/^^°'" *''*'°^ °" *^® Government, in your capacity as Clerk in the Crown Land Office, and as compiler of the Province Map, having been under considera- tion of His Excellency the Lieutenant Governor in Council, I am directed to inform you that your connection with the Crown Land Office appears to have terminated on Deceniiber Slst, 1852, and that you are not therefore entitled to salary from that office beyond that date. 1 am further to inform you, that if you can shew that your services in connec- tion with the preparation of the Province Map, have not been sufficiently remu- nerated, you may rely upon the careful attention of the Council being given to the particulars of any claim you may put forward. I have, &c., ♦ **M. . ^ .K (Signed) S. L. TILLEY. J. Wilkinson, Esq., Board of Worki, Predericton. .; (Copy of reply.) , Fbkderictonj 16th January, 1864. " Sir, — I beg leave to acknowledge having received your letter of the 12th inst.* and TOOTet that I am unable to acquiesce in the opinion therein conveyed, that the pledges of the Government relative to my position in the public service, reit- erated at intervals during so many years, should have ceased to be of force after the 31st December, 1852, without any notice or intimation to that effect havintr been communicated to me up to the present time. That such pledges could not have been so cancelled, will, I trust, be clear to His Excellency the Lieutenant Governor and to the honorable Council, by refer- ence to the (JoW«spondenee, copies of which are herewith enclosed. I am certainly notatrare that the spirit and intention of these pledges have at any time ceased to be of fijTOe. Five years have now dapsed since it oecame necessary for me, in » »t*or addressed to you under date 17th January, 1859, to recall the attentiott of tiie Qoverament to this point. In your reply, dated 11th August following, I was informed that it had been Wferred to the Surveyor General, since when I hav* Hid tii) tttlinalion of his answer to such reference, unless it be tht same which is stated in your last oommutiieatioa. i sii^sm ' ifpe; ler lalf 40 Regarding my claim of a balance due for gcrvioes relative to the Provincial Map, the oonBiderationa which I should further submit to His Excellency and to the honorable Council, would not vary from those heretofore laid before them. I can scarcely hope, however, that thoy will be ready to jreriew the siune materials which have so inconveniently accumulated, in their piresent form, h therefore, propose to print once for all, those which may be pertinent to my whole case, and to submit the same with such further oljservations as may seem necessary. I have, &c., (Signed) J. WILKINSON. The Hon. S. L. Tilley, M. P. P., Provincial Secretary, Ac. COPIES OF CORRBSrONDEXCK RSFEHRXD TO ABOVE. No. 1. J. Wilkinson to Provincial Secretary. Frkdkricton, 1st November^ 1852* Sir, — I beg leave to state, for the information of his Excellency the Lieutenant Governor, that having been requested onbehalf of Messrs. Jackson and associates to make a preliminary survey within as short a period asjjOBsible, of a continua- tion of the line of the European and North American Railway, from the Falls of the River St. John to the boundary of Maine, I am desirous, with the permission of His Excellency, and upon his being pleased to afford the necessary leave of absence, to undertake the service. In order to accomplish the same as proposed, it is necessary to make ase of as much of the small remai^jng portion of the present season as possible. An interval of from two to three months durmg the winter will occur before it would be practicable to resume the railway survey with advantage, during which mj in-door duties in the Crown Land Department could bo resumed. I have, &c., ^ „ r « « . , (Signed) J. WILKINSON. The Hoa. J. R. Fortolow, Provincial Secretary. No. 2. J. Wilkinson to Surveyor General. C. L. 0., Fredericton, 15/ November, 1852. Sir, — Having, with your approval, expressed my willingness to undertake, on behalf of Messrs. Jackson and associates, a preliminary survey of a continuation of the line of the European and North American Railway fVom St. John to the frontier of Maine, upon the necessary sanction of His Excellency the Lieutenant Qovemor being given, I have for that object made application through the Provincial Secretary, and beg leave to subjoin for your information a copy of my letter to him of this date. I have, &c., • „ „ « _. „ (Signed) J. WILKINSON. The Hon. R. D. Wilmnt, Surveyor General. No. 3. Provincial Secretp,ry to J. Wilkinson. Secretary's Office, Fredebicton, 2nrf November, 1852. Sir, — His Excellency the Lieutenant Governor bas been pleased to grant you the leave of absence asked for in your letter of yesterday, on the understanding, however, that you are not to be considered on the Crown Land Department while engaged in the survey referred to. I have, &c., (Signed) J. R. PARTELOW^Fi . J. Wilkinson, Esq., Civil Engineer, dc, lYoderictu. ''^i:^fr -'-^mm to the Provincinl Ezoollency and W id before them, t^view the Bfune present foriQ. I, ) pertinent to my lions OS may seem WILKINSON. orcmier, 1852» cy the Lieutenant son and associates le, of a continaa- from the Falls of bh the permission leceasary leave of o make nse of as as possible. An ir before it would during which my W^ILKINSON. ivember, 1852. to undertake, qn f a continuation St. John to the f the Lieutenant ion through the ion a copy of my VILKINSON.'^r^J vember, 1852. Jod to g?ant you understandiTif;, epartment while PARTELOW/pi 41 Shortly after the date of my last communication, as above, I attended at Gov- ernment House io obedience to a message received from His Excellency the Lieutenant Governor, who handed to me a " memorandum," dated January 6tb, 1864, which had bees submitted in Council by the Honorable Provincial Secre- tary, in answer to • jy okimsfHis Excellency requested that I would read this document, and communicate to him such observations upon it as I might have to make. Copies of the document referred to and of my observations on the same are as follow : — Memorandum submitted by the Provincial Secretary, in answer to olaims made by Mr. Wilkinson. Claim B. The Government of New Brunswick, 1859. To J. Wilkinson, Dr. Cot. 31. Amount of salary due to him under subsisting engagement (as recognised in letter of the Provincial Secretary, dated 30th June, 1843 ; 7th June, 1847 ; April 10th, 1848 ; May 10th, 1850 ; November 2nd, 1852 ; August 16th, 1853 from 30th August, 1858, the close of the last special service, to quarter ending Slst October, 1859, one year and two months, £220 per annum, £256 13 4 He subsequently claims, at the same rate, for the month of November and December, 1859, 36 13 4 Inall, £293 6 8 In making this claim Mr. Wilkinson says that, as &r back as 1838 , an arrange^ ment was made with him by the Government that he should take the position of compiler in the Crown Land Office at £220 per annum ; that he was to be at liberty to accept any special services more lucrative and important whenever they might offer, such as Boundary and Railway surveys, and tbat on several oocaaio'"', when accepting such appointments, he did so with the written consent of the Government, and with the express understanding that such temporary absence should not deprive him of the situation he held in the Crown Land Office. He, therefore, claims that after he had completed the compilation of the Map and the survey of the proposed Railway from Fredericton to Woodstock, that he was entitled to a salary at the rate of £220 per annum from the Crown I^nd Department, up to the date of his appointment as Engineer in the Board of Works Department. Admitting, for argument sake, that all Mr. Wilkinson's statements relative to his enragements are quite correct, I hold that his non-appearance at the Crown Land Office after the special services had been completed, and his not returning to the duties of the Department, was of itself a virtuill surrender of his claims upon that office, and a withdrawal firom that department of the public service. No public serrant could expect to receive a salary when he did not attend to the duties of the department with which he claimed to be connected, much less if he regularly and systematically absented himself from the office in which the duties of the department are performed. The lTovincial"Secretary submits the following reasov^ why, in his opinion, Mr. Wilkinson cannot have a just claim upon the Government for the amount charged. The evidence at hand would lead to the conclusion that Mr. Wilkinson himself did not suppose that such a claim existed. 1st. When the special services on the Map and Railmiy surveys were termin- ated, why did not Mr. Wilkinson return to ttie Crown Land Office and resume the duties of compiler in that department? 2d. Why did he not call as formerly, when entitled to receive pay, at the Crown Land Office for his salary ? 3d. In a communication, under date of the 13th September, 1858, addressed 42 fco tho Provincial accretarv, claiming the copy-right of the Provincial Map, for the compilation of which lie received over £1280, he, in jii8tm<»tion of thia claim, uses the following language : — " JuBtico to those donondent on mc, as well as precedent in any fa turn case scenied to require that J should not tacitly forego a possible, though remote and doubttul, benefit, rightfully and honourably tendered under one oftho nioPt bene- hcent laws. I hold no public office or appointment of profit, nor have I ever held such, to excuse mo for indifierenco in this matter, and during the last eiekt months have had no public employment at all, except incidentally in relation to the Hap tn question. ^^ r j » ».<. 4th. When the Government deducted £150 from Mr. Wilkinson's account for correcting proof sheets, &c., of Map, ho remonstrated against tho action oftho Government m the matter, in tho following language :— ''I resiwctfully object to the right now assumed by tho Government indefi- nitely to avail themselves of my time and services on their own terms. I have been detained m attendance and suspense upon this service alone, no other dulv having been assigned to me." ' '' And now, for the first time, several months after bis special services had been closed, makes any reference to tho department in which he was formerly employed. 5th. In the returns forwarded to office of Provincial Secretary by the Surveyor y^^l^}' T- Fi^*"***' .'° 1853, shewing the persons employed in that department n'iin'^ "?,'". ''*^'*° ***°S desired for the preparation oftho Blue Book for leoJ — the i.)l!owing statement appears : — • 'l^^l^ "^"^^^^^^^n ?"i^^'- ^™°* ^>°g ^"th employed upon duties unconnected with this department, they are to be discontinued after the 31st Decen.ber, 1852, as officers of tho ladoor establishment of tho Crown Land Office." From a report on file in the Executive Council, it appears that Mr. Wilkinson nnd Mr. Grant occupied positions in the Crown Land' Office every way similar excepi that the former received £20 a year more than the latter. I do not know whatT)ouoewasgiventhesogentlemen, ifany, at the time their services wore dispensed ,uh, but I do not find their names on the lists in the Crown Land Office ?inco December 1852, and no money has been paid cither of them for ser- vi??s rendered m that office subsequent to that date. It is worthy of remark that ?2« f ^""Z*" ' '■?,"°'LT:T!**<'° ^y ""y member of tho Government since December 1852, m.ormmg Mr. Wilkinson, as formerly, when undertaking special services that his absence was not to prejudice his position in the Crown Land Department' Jt appears that m 1854 Mr. Grant applied to the Government for employment" and an order was made in Council, dated 6th July, 1854, of which the following 18 a copy : — ^ ° "Ordered that Mr. K#er bo employed on the improvement of the hnrbour of Kichibacto, that Mr. Grant have the offi;r of being employed under Mr. Kaffer's ^ instructions, at 20s. per day, with travelling expenses, in the examination of that and other harbours, until tho 30th October, lut no pledge to bo eivcn him astoemployment through the winter." & .." From the foregoing evidence it appears to mc quite clear that Mr. Wilkinson's and Mr. Grant s connections with the Crown Land Office ceased on the 31st December, 1852, and that ht has no claim whatever upon the Government for services fr. ^ 30th August, 1858, to 31st December, 1859. Mr. Wilkinson was allowed £10o for services, correcting proof of Map, and some £17 expenses paid by bim. It no can shew that the services rendered wero worth more than ho received, the co-nmittee of Council will, no doubt, recommend an advance upon the amount already paid. To enable the Council to judge fairly in this matter I would suggest that Mr. Wilkinson furnish an account in detail of the service rendered, and the time occupied therewith. Whpn the material was prepared for the Engraver, Mr. Wilkinson oficrcd to ovincial Map, for tionof thisolaim, any fiituro caec, ough remote and of the most bene- )r have I ever held ig the last eigkt in relation to the iBon's account for tho action of the )vcrnmcnt indefi- 1 terms. I liavo le, no other duty lervicee had been rmerly employed. • by the Surveyor I that department ho Blue Book for ities unconnected December, 1852, it Mr. Wilkinson 3ry way similar, . I do not know sir eervicea wore he Crown Land of them for ser- »y of remark that t since December : special services, md Department, for employment, ich tho following f tho Inrbour of ler Mr. Kqffer's ^ ! examination of to bo given him Mr. Wilkinson's 3ed on tho 31st Government for Wilkinson was 17 expenses paid I more than ho in advance upon 7 in this matter, il of the service inson offered to 4.S to London and superintend tho engraving of the Map for £250, payine his »»wn expenses. The Uovernment declined the offer, but Mr. Wilkinson now charges a like sum for correcting the proofs in New Brunswick. T ,. ,Q,., (Signed) S. L. TILLEY. January G, 1804. (Copy) J. Wilkinson to His Excellency tho Lieut. Governor. Fbedbricton, 4*<*e » ^'*^»« appeal by letter, dated on the 26th July. 1869. and on the 11th August following Kved a reply, inform- ing me that with relation to my claim for the ftlap, the last paymetrtShis in full up to the day of the vrarrant ; Ibut that the other point, relaSng to my position m the pubho service, was referred to the Surveyor General. With this explanation it is incumbent upon me to disclaim entirely the imnn- tetiops of voluntary absence, and regular and systematic non-attendance upon duty, as conveyed in the language of the Honourable Secretary. The tacit md persistent refusal of the Government during so long a period, with a full know- ledge ot my claims, to recognise my pledged connection with the public service, left me no alternative but to comprehend that I was in this unusual and extra- ordinary manner to be suspended or dismissed without notice, without oharce, and without explanation. ^ ' The Honourable Secretary proceeds to enumerate certain reas'^ns why, in his opinion, 1 cannot have a ju^t claim upon the Government for the amount chareed and why he aMumes that I did not myself suppose that such a claim existed; To the two first reasons, put in the form ot questions, I submit what is above stated as my answer. The thirdf reason is sought for in a quotation from a letter addressed to the Honourable Secretary, dated the 13th September, 1858. This letter was written at the Bugg^tion and recommendation of the immediate predecessor of your Excel- lency, to whom I had desired to refei ihe adjudication of such claim as I mieht appear to have to the residuary value, if such value had existence, of the copy- right of the Map, after all the copies desired by the Government should be sub- pUed. His Eccellency declined my proposal, but wished me to state in detail, m the form of a communication to the Honourable Provincial Secretary, the Pi""jl^f°° yj*'**'^.? considered my claim to rest, in order that the matter mieht be laid before Council. At the close of that communication I submitted in addition to other grounds of claim, that which the Honourable Secretary haa now quoted. I deenaed it to be at the time pertinent to the subject of the letter, and I am notaware that it has any other purport or admits of any other construc- +{.?iTn™M S^l "?*^®*°l^v*°? *<^r'* significance in Ihe words which the Honourable Secretary has underlined. My own meaning is amply stated in a memorandum prepared by me, at his suggestion, dated on the m August, 1859, « order that It might be laid before Council, with my letter address^ t^ him on the 13tb of the same month, to both of which documents 1 beg leave to I am unable to perceive in the fourth reason assigned by the Honourable Secre- tary any validity to which sufficient objeotion has not already been submitted. I was not rwponsible for the lapse of four months before 1 4a8 most reluctantly constrained m a written and formal manner to claim the fulfilment of the lone existing pledges of the Government. » w"s The fiflh reason assigned by the Honourable Secretary is that, after the lapse of five years, he has succeeded m finding in the returns to his office, made by t^ Surveyor General, Mr. Wilmot, in 185f, a statement thati waa « discontinued" after the 3l8t December, 1852. aa An officer of the in-door establishment of the state in detau, Secretary, the be matter might I submitted in 3 Secretary has H5t of the letter, other cnt of the long after the lapse e, made by ^e 'discontinued" ishment of the mt, oflScially or V otherwise, and I most beg karo to disagree with the Honourable Secretary in mv construction of its purport. It is simply inudmissablo that the Surveyor deneruf *''l.u' J? ""» e«erci«e of his own power us the head of a department, or on behulf of the Government, could with the least regard to honour or good fiiith, in tliis manner, without notice or intimation of any kind, direct or indirect, really intend ^5%..*''*y*?^°**'7I^8«'»n which he knew I was at the time confldinir, and tor the withdrawal of which I wa« not conscious of having given any provo- cation whatever, but the contrary. Such a construction would be the more inwnsistent because it would appear that the confidence both of the Oovernment and of private parties had never been more shewn towards mo than at the time under notice. It will be seen by the correspondence, oopit« of which were enclosed with my letter, addressed to the Honourable Secretary on the 16th ult that at the date of the return in question, I vras absent on special service under leave from His Excellency the Lieutenant Governor, communicated by the Pro- vincial Secretary, undw date of 2d November, 1852, with the undoubted know- ledge of the Surveyor General. It was quite possible, indeed, that such absence Might be of some duration, and that so far I was virtually, and at my own request "discontinued" as an officer of the in-door establishment of the Crown Land Office ; but this does not mean « dismissed." The purport of the return quoted by the Honourable Secretary is perfectly consistent and substantially the same with the condition of my written leave of absence, as already referred to. under date of 2d November, 1852. I was not aware of the existence of any report such a« IS referred to bjr the Honourable Secretary with reference to my posiltion in the Grown Land Office; but that such position was «• in every way similar " with the exception of the amount of sakiry, to that of Mr. Grant, I am now for the first time informed. The citation by the Honourable Secretary of the minute ot Oounml, dated 6th July, 1854, shews, however, that even in the case of Mr. Grant, the Government held themselves under an implied plediro not to disDcnse with his services, even temporarily, without notice. ^he Honourable Secretary confesses that he does not know what notice or whethwf any was given to me, at the time my services were «• dispensed" with I now beg leave to repeat my assurance that no notice was given, for the very obvious rmecm that my services were not " dispensed" with, except temporarilv by leave, and at my own request. ir tr j The Honourable Secretary states that he does not find my name on the lists in the Crown Land Office since December 1852 ; that no money has been paid me for services rendered subsequently to that date, and he considers it worthy of remark that no letter can be found written by any member of the Govemnient since 31st December 1852, informing me, as formerly, when undertaking special servioee that my absence was not to prejudice my position in the Crown Land Department. In reply to this it will appear, as already mentioned, that my special services were of unbroken continuance from the 1st November 1852 to 30th August 1858 and the Honorable Secretary acknowledges that he cannot discover during all that time any trace of notice given to me of the lepudiatioc of the written pledges of th© Government with respect to my position in the public service. That «ie assurance of the Government with respect to my special employment was durine the time honorably fulfilled, will be shewn by the following statement. Under tbe leave of absence dated 2Kd November 1852, 1 proceeded to perform my ei^gagement to Messrs. Jackson & Co. Whilst this service was in progress I received from the Provincial Secretary a letter dated 17th December 1852 informing me that His Excellency the Lieutenant Governor in Council had been pleased to appoint me Engineer, under the Act, " to examine and report upon the Suspension Bridge at St. John." I did not recei'^e this letter until the 27th, and in a short time afterwards wa« prostrated by sickness from which I felt it improbable that I should recover so as to be able to attend to the duty for a long time. I therefore hr a note dated 19th January 1858, informed the Provincial Secretary of the probable delay, in order that His Excellency might adopt such I w i i> i( w i ^wwTw w iiii i iiil • jBC- ier alf .13) 46 other arrangement as ho might deem the public intoreet to require. Mr Lialit wuH consequently appointed to this duty on the 2l8t of the same month. lite in tobruary 1 was able to resume active attention to the survey I had undertaken lor Messrs. Jackson & Co., and continued the same until a change oi their arrangements in May, when the field work under my direction was discontinued, but the nocessarjr Oftice work waa not closed until the middle of July. In the ineantimo I was informed of my appointment by His Exoellencv the lieutenant Oovernor, under date of27th June, as one of tlio three Commissioners for tbo contemplated Gnmross Neck Canal. At the same time Mr. Giles, the Chief J!.ngmeer on bohalf of Messrs. Jackson & Co., in this Province, had requested my nasistance m his duties. I first, however, gave my whole attention tothe Canal in co-operation with tlio Coram issionera with whom I had been associated. The nectary survey, drawings and specifications were prepared, and tenders for the work mvited by advertisement, and only when it appeared certain that no con- tract could at that time be made, I entered into an engagement with Mr. Giles having previously had the verbal approval and consent of the Government for that DUrnOSe. for whmh. T nlan nnnlia.1 Kt, !„**„- i„ i.u„ Q /-. , , . , receiving a written answer. I appeal to the evidence of this letter however, that no Idea existed on my i)art of any repudiation of the pledges of the Govemmert relative to my position m the pullic service, and no mention of, or aliusion to such a fact was made to me by any one. 1 had indeed in a comm.jnioation to the Provincial Secretary dated 24th May 1852, made an appeal to the Govern- ment tor an increased rate of remuneration for my professional services, bat though no written assurance on this point was given, fhad reason to believe that the justice of the apjwal was not denied, and that eventually it would be acknow- ledged by a more satisfactory arrangement. This may in part account for my TiriT^ of absence having not been followed by a written reply to my letter of IGth August, assuming that the omission were intentional, for nothing what- ever had occurred to suggest that by such omission any thing was intended to my prejudice Before the close of my engagement with Mr. Giles, I was personally informed by a member of the Executive CouncO that 1 had be^n asso- ciated with Mr. Li^ht as a Commissioner to examine and report upon several Bridges which required to be rebuilt. This service and labour^nnected with it. besides that of preparing other drawings relative to the Grimross Canal, and reporting upon the same occupied me until March. At this time supposing that my further services relative to the Bridges would be required, I wlaTmlkinir preparations with this view, when I was informed by the Honorable R. D. Wilmot, tuen Surveyor General, that the Government had it in contemplation to provide a nevv Map of the Province, in order to remove the frequent cLpIaints of the ^ant of such a document both in the Legislature and elsewhere. anS i^t he wished to know whether I were disposed to undertake the work. It may be scarcely necessary here to remark that the object proposed was not to obtain a repetition ofMaps of the same kind, with which thrProvince was already more than abundantly supplied, but one embodying the most desirable information m a geographically correct and trustworthy manner, as far as existing materials would permit upon the scale intended. ^ ' * •o»«»» I am pursuaded that in selecting me for the duty of preparmg such a Map, the Government did me the honor to believe that for spiciafreaiims I was tfie only person upon w;hom they could in all respects rely for its satisfactorv falfll- ment. Besides their personal knowledge, the highest testimonials, claiming their full confidence, had been for many years before them in my favour, and I feel assured that it waa very remote from their intention or desire that any engaee- ment on their part should be fulfilled in an ungenerous or illiberal, much 1^ in an unjust or oppressive manner. , v ic«, m The result of my conference with Mr. Wilmot was an understanding agreeably lire. Mr. Light le month. lAto I had undertaken change of their as discontinued, >f July. In the ' the Lieutenant ssioners for the Giles, the Chief lad requested my on to the Canal (iseociated. The [ tenders for the in that no oon- with Mr. Giles Government for General, dated if the Lieutenant > recollection of ?r however, that the Government , or nliusion to tnmubioation to to the Govem- 9.1 Bervicee, bnt n to believe that ould be acknow- account for my )ly to my letter • nothing vrhat- OB intended to '. Giles, I was had been asso- rt upon several anected with it, OBs Canal, and I supposing that I was making •norable B. D. mtemplation to ent complaints here, and that ivork. It may I not to obtain !e was already ble information ating materials g such a Map, sons I was the isfactory fnlfil- , claiming their >ur, and I feel at any engagc- 1, much less in 47 to which I comnionccd this scrvloo on the Ist April, 1854. The continuance of my spocml employment on this and other services from that date to the 30th August, l»o8, is sufficiently shown by the oontemporaneous correspondence, and S^^l^'n f^"^T?K' w- ™y nr°^^"Sht, of necessity, to be Lnd in some way connected w.th the duties of the Crown Land Office during that period, had my rehtionship to such office been regarded as still subsiating. the labour was much more than the mere correction of proofs. A oonsidcniblc portion of the materials was stiil to be added, and I did not agree or propose to ™l^.?f-?'[K"^^i'''"'!-*''u^'^,*^'"P^^"l? *^« ^''P' whatever the Government might at their discretion bo pleased to allow. My agreement was still subsisting, with the knowledge ot the Government, that my payment was at the rate of £38 per mouth whilst 1 was so employed. They did not propose or allude to the termination of this agreement, when by letter dated 2l8t January 1858 the lion Secretary authorised the Map to be completed " by written information or in- flTaS *^''- I^^'^:l . r ""?? *>P^y impossible to complete it in this manner in a shorter time than that to which the service extended. I grant that my time was not fully occupied, but it was not by my own preference or desire that I was kept m suspense exclusively upon this work. I had suggested in December 1857 tnat in order .o secure the prompt completion and issue of the Map in a trust- worthy and creditable manner, I ought, as had been previously intended, to be on the spot m order to perfect with dispatch the additions and corrections required Upon this suggestion the Government requested me to submit an estimate of the whole expense. In this estimate 1 included the probable sum of £250 for mv own time and expenses. The Honorable Secretary is in error in supposing that I offered to perform the mission for this sum, though it was my opinion that the amount would not be exceeded, and I still believe that from the advantage of being on the spot, I could have succeeded as I intended, in obtaining complete copies of the Map and returning to New Brunswick before the close of tbe ensuing session of the Legislature. The Government preferred a different course to that suggested, and the consequent delay became inevitable. That the delay was not regarded by th^ Legislature as a matter of indifference, was subsequently shewn m the Hou^ of Assembly, in the session of 1859, when, in consequence of such delay, an address was moved for all accounts, correspondence and papers con- nected with the subject. The required documents were communicatedby messaeo and laid before the House by the Honorable Secretary. They were referred to a committee, before whom I appeared and afforded whatever explanations were desired. 1 found that the Committee had nothing before them to shew that I had still a clami for £150, as a balance due for my services on account of tho Map, and bv their permission submitted a copy of my letter addressed to tho Honorable Provincial Secretary, dated 17th January, 1859. On the 7th of April the Committee submitted to the House a Report, in which they stated that thev had examined the papers and " heard the explanations of Mr. Wilkhison and tho Honorable Provincial Secretary," and proceeded to shew the estimated cost of the proposed 2,000 copies of the Map, without mounting, to be £2,489 18s 2d I' XT \T,','. *^®y ^^y' " ^°<'l"