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1 2 3

u °

,G2

A MEMORIAL

lylflEw^^^WM^

'*:.ij

vs rtu

fff iti» S

ARMINC IK tax

PROVINCIAL Civil SlRVICl.

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

i\^

!Jf1

WH*

,r uiiD ii|i i n ili»

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:

....^..^.^.^^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<x)mpatibl«
with the pretensions which, in a tone of implacability and menace, the (iovem-

ment and the Presb of the United States had so long maintained with ^gard to
the North-West anglo of that Province. Prompted by this consideration, "
hurriedly prepared and printed a short memoir, elucidated by a Mnp 'X'^.^oji

caused to be engraved, with tlie view to make tho same more readily available, I
as circumstances might require. One copy was sent to Viscount Palmerstolk, I
' and another to the Lieutenant Governor, Sir John Harvey. From both I received I
honourable acknowledgments of my communication, and from Sir John Harvey f
in the following terms, in a note dated 2l3t October, 1840 : — I

« I have examined the Map and perused the Memoir which is appended to ii I
with much interest, and it appears to me to present a view of the important I I
question connected with the accurate estublishment of the North-west angle of I /
Nova Scotia, so striking that I shall feel it my duty to transmit these documents I I
to the authorities to whom on this side the Atlantic is committed the conduct of I f
the discussions connected with the Boundairy Line. You have not (quoted the f I
authorities from which you have compiled the Map, and upon the credit of whicl|l f
you rely for its accuracy, but, I doubt not, you are prepared to do so if required. I I
I think you would do well to withhold the publication of the Map until you heat I /
further from mo on the subject. In the meantime I thank you for the disoxetloa y
which yon appear to have used in this matter."

Events which occurred shortly afterwards led to the retirement of Sir John
Harvey from this Government, but his successor, Sir William Colebrooke, became
not less interested in the researches referred to, relative to tho true Western
boundary of Nova Scotia. The obstacles which stood in the way of their utility
^during the pending negotiationr, for a peaceable settlement of the question, weri»
'the concessions on the part of the British Government, which had already been
made, and could not consistently with national honour be disturbed. _ Yet in the
possible event of the failure of the two govoraments to bring the dispute to tt
pacific termination, and that it should become unavoidable to leave it to the
arbitrament of war ; in such case the contingency of success to the British arma
would give renewed interest and value to wellautnenticated facts and just conola-
sions tending to identify and establish, according to its original merits, the
boundary in dispute. After due consideration, it seemed expedient to regard
the inquiry chiefly in relation to the possible failure <: /* i aegotiations 5 for
though the direct introduction of matter challenging tht -i, discussion of points
already regarded as settled, had, for the reason stated, beconie precluded ; yet *
knowledgeof the existence of such matter might exert a favourable influence in
moderating unreasonable demands on one side and in restraining further undo*
concessions on the other. It was, therefore, suggested and recommended by His
Exoellenoy, Sir William Colebrooke, that wmultaneously with the conduct of the
negotiations, I should publish in a weekly newspapr, then issued in Fredericton,
a memoir in as rapid and regular instalments as might be practicable, comprising
the materials X had acquired, tending as I believed, to identify the true boundary
in dispute, and that such newspaper should be r^ularly transmitted to persons
in high officii stations whose addresses he gave me, and to any others 1 might

desire. . r Ti-

lt was thus at the invitation and with the encouragement and sanction of His
Exc( Uency Sir William Colebrooke, accorded as I believe with the knowledge
and full concurrence of his Council, that I proceeded to devote my time to the
propftrationofmaterials already in my possession, as well as to acquire such
others as might be desirable and could be obtained without too m^qh dejay. On

mmm'mmm

W- C

Sli!w-^Jl?J*!i{„!2i^i **""*;•* °^ ***• fl^y^ oon.municti.nw tppMred in

ttoL JSErun n t*5i i'^^rJf''"K^^ •>»«'* 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.

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<n»l aoaairemeata and ieadin«« of naourea )
in all these points you have shewn an oflkneDey and a willing spirit, fiw wMoh
now I beg to offer my beat aeknowUxlgmeate ana thanks.

I have the hmor to be, Ac.,
(Signed) J. B. BUOKNALL ESTOOURT^

Litut. Celiul.
i. WUkioaoB, Iteq.

A letter of similar purport anpeat't to have been shortly afterwards addreaed
by Lieut. Colonel Estconrt to Sir William Oolebrooko, of whiob I received the
following intimation : —

SKcnsTARY's OmcB; Zd Septtmber, 1846.
, Sir, — I am directed by His Ezoellenoy the Lieutenant Qovemor to inform you
that ho has received a letter from Colonel Estcourt, expressing his sense of your
services in terms highly commendatory, and that while His Excellency regrets
that he it precluded from holding out to you at present any improvement in the
situation you have held in tbo Surveyor General's Office, he will uuutiuue to
appreciate the value of your services in it when the completion of your work in
connection with your recent employment may enable you to resume them.

I have the honor to be, doo.,

JOHN S. SAUNDERS.
John 'Wllltinaon, Eaq.

After I had reported to Colonel Estcourt the close of my duties under the
Boundary Commission, and nearly two months after my return to the service of
the Provmcial Government, a further communication from him was received bjr
Sir William Colebrooke, at whose desire a copy vros sent to me by the Surveyor
General, and is as follows : —

London, Februury Sd, 18<7-
Sir, — Mr. Wilkinson having been en^ged for the Commission of Boun ^.ary
from employment under the Provincial Government of New Brunswick, I deem
it right to inform Your Excellency that the Commission having brought its oper-
ations to a close, will no longer require the services ot Mr. Wilkinson, and uiat
they were deemed to have terminated from the end of the year 1846.

In making the announcement I avail myself of the opportunity of recommending
him to Your Excellen y 's favour and protection. His services on the Commission
have been very valuable. I can scarcely speak too highly of bis ncertions and
conduct.

He has shevm himself perfectly competent in a professional point of view, and
thoroughly to be relied on.

I have, &c.,
J. B. BUCKNALL estcourt, Lieut. Colonel,

H. M. CommisMtoner of Boundary.'
To Hit Exoellency Sir Wm. M. 0. Colebrooke, E. II., Ao. &o. Ac.

It win, I trust, be apparent that my reasonable hopes at this time, as, indeed,
at any time heretofore, were not such as to constrain me to rely exclusively upon
my continuance in the service of the Provincial Government. I had, however,
now been so long in that service, and had imbibed so much more than a merely
professional and transitory interest in some of its most important concerns, that
there are probably but few minds which would not readily conceive that suddenly
to turn towards a new field, and to new associations, would have been a choice
not to be made without regvet, and to which any slight pecuniary, or other

•M^MiMllHMilWMi

Wt:

c-
e;

alf
43)

l:f

adrantage, would have beea no inducement. But the ProTiAoial Go..,™m«nf

akewl^ been bo fuUj atete^ and explained, bat after a Atconti^ce ofmv ^
Vieea in eonneotion with the OKnJTLand OfiBoe durin? thS ^m a„dVi^*
&Zr*? *i«;,"»^««"g PWff'. and took fi«rtfetS,CS .Affirm U'
by the Surv^r General to Major W. Robinson, of the Koyal Eneinee™ S

; the consent

Unt^p 1^^ Buteequent oocawon of my W^inimeut to-wr^sf^

line of Railway between St. John and SWfa^a like assurance 4flwiffid1n

Slr^n?^^*!?'^*'*^*''^'*'"^ aasurance was ee/eral times afterwards rS-
fllsed in a formal manner ; and np to the present hoar I am not aware oWv
cinmrnstance whatever, much le^of any^iefinite of^cidaS whLh?S^i?LSJ
SJS I^T^^ ^^ ^"^' '*°. ^ <>^^^^^^ 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

■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

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:

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)

11^'

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..

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 <m the 25th ult., on tiie subject of the unpaid
balance of £423 ISs. 7d., is, « that the £72 ordered to be paid at the last
Gouaeil, with the £350 previously paid, settles my daim on Ratiwey account."

I desire to point out to His JEbceellmcy and the honorable Council, that tbo
^ect of tlus decision is to impugn the correctness of the account which 1 have
rendered, and to require me to rafand the sum of £350 advimced for services
thready peiformed in 1856^7, on aceoimt of tihe Map, and to amply the same to
J, the payment of a balance accruing on account of the Railway ourvey in 1857,
^*^ :4Ms farth^ exteodrag the delay which has already occunred In the paymottt of
(lie latter,

I believe that the late Provinoial Secretary, during whose term of oflBoe the

SH he-

» ler

' %

cntipr WM made, htti alreody ezplftined to His EzoeUnioT aiid to the^emben
or the Oouooil that the warmnt for the aom in queftion was, throaoh io«dT«rt*
cnoe, mdfled in the minate to be on RaUway aoooant, instMd ortfaat of the
Mftj), for which it waa by me applied for, received and credited aa part of the
Legielativo appropriation for that pnrpoBo. *^ *"

My written application wbb, and no doabt remains on file in yonr office. I
did not in any manner apply for an advance of £850 at that or aov sabaeoilent
date on acoonat of the Railway Survej , or accept saoh an advance.

I beg leave to state, for the information of His Excellency the Lieutenant
UovCTnor, that the completion of the Map has, by means of oorreepondenoe, been
urged forward with every re,j5ard to despatch oonsistentiy with the faithful and
creditable execution ot the work. I am, by last owil, informed by Mr. Wvld
that the corrections aid additions made by me in the proof sheete retcmed to

r tl *° y '■* ' ^'^ ^ completed within this month.

It is therefore possible that the ensuing mail may bring the perfected proof
sheets, with account of expanses so far incurred. The expenses in aU matenallv
exceed the funds with which I have been provided, and Mr. Wyld requests an
advance of £600 sterlJng, / ^ ^m""- »«»

I have, &c.,
To the Hon. S. L. Tilie,, M. P. P., Pi.vinJiai. ''• ^'"^'^^•

SKCRBTABr's OFFICE, 30/A July, 1858.
Sir,-- I beg to inform ytrti that I duly laid before His Excellency the Lieut-
enant Governor your letter of the 23rd instant, and His ExceUency was pleased
to call upon me for a report on the same, which having made and submitted. 1
am requested by His Excellency to furniah you with a copy thereof, which I now
^"'''o*^- Ihave, &c.,

John Wilkinson, Esq., Civil Engineer, Ac., Fredeticton.

(Copy of enclosure.)

SscRBTABY's Ofiice, Fbkdkwcton, Ju!]f 23th, 1858.

ry.°"L^*^^°*? ^*^*°'5 referred to me the letter of Mr. Wilkinson, under date
ot the 23rd met., I beg leave to submit the following statement for vour Ezod-
lency'B information. ' ••»*»«»

On the 27th Mawh, 1857, your Excellency in Council had under consideration
three aooounta from Mr. Wilkinson.

• }'^WS'^-?^' ,^P«T^.«?"nected with Survey of Railway line from Preder-
icton to Woodstock," and with reference to which the following order was made •
"Warrant to issue on Railway construction account for ^350 on account!
Vouchers to be sent to the Auditor General." "«w«u«.

2nd. "No. 93. EzpensM connected with Map of the Province in course of
construction bv him." Ordered '• for Auditor General's Report "

^^'t> ^^ » • ^^' 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.

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

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

— 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, Sl<l July, 1858.

Snt, — I beg leave to acknowledge the receipt of your letter of yesterday,
enclosing a copy of your report to His Excellent the Lieutenant Ctovemor, on
the subject of my letter of 23rd instant.

I have to observe that the chief point in my letter is not noticed io your report.
I advert to the error in the minute of Couneu. 1 have alr^y addnoed the beet
testimony of wluch the case will admit that suoh error eirists. To this I now
add, in corroboration, your own statement.

You agree with me, that on the 27th March, 1857, 1 submitted an acoount

i 1

tiler

''18

f^T^"!.*^'?^*?'^ of oxpcMoe incurred toirord the oonsfcruotion of tbo Mav of
£365 Ga 5d. , in j>art 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

• ?.v<rO.'n.- :j ■ . ■ No. 2,i' '•—■■■ .

FiiHiieRicTONr, 80M .4/ri/, 1858.
llccopitulation of account of oxponacs of survey for proposed Railway from
Frederioton towards Woodstock : — ,

Amount of account rendered to 15th March, 1857, .... JE830 7 4

Received as follows : —

1856. Nov. 25, Warrant No. 428 £208

Dec. 18, •• No. 40, 400 ^

1867. July G,Ordar of Chairman of Railway Board, 286' 836 7 4

Amount of account for same service from March 16 to Sep-
tember 20, 1857, £1123 18 7;

Received as follows : — '*''-

1857. Mayl, Warrant No. 173, £200

Sep. 16, Order of C&airman of Rw. Board, 500 a 700

Balance, ....

£423 18 7
J. WILKINSON.

(Copy.)

Secrbtary's OmoB, Sfd August, 1858/'
My Dear Sib, — Could you make it convenient to call in to-day and isee t^o
Secretary on the subject of your accounts ? There seems to be a mMunflerstand-
ing, and it can be much more easily put right verbally than by a written
correspondence. The Secretary woula therefore be glad to see you on the sub-
ject. He returned last evening.

Yours sincerely,
(Signed) R. FULTON.

J. WilkiMon, Esq. > 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)

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^, an<fin oSmmuni-
cating the aame either on the proof impreaaiona or by meana of tradnjra to the

52ffi.t'' *2-'V^"™^°* "P°°t ™*' ,*° diflclaun any voluntary dcla? in the
dlapatch of thiB duty. It was at length repori«d to be completed aa foflows : -

^asMStactotf, ZOth August^ 1868.
tiS^Xl^lJS!^^^^ "^ ^ ^^"^ ^ ^^^ atatement from Mr. WyH, rela-
JihSiS^'^W*^^ "!»T ^*? of t^,P«>lipoe. 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 <tf the route through this Province of any lino
ofBailway at other communication by whkh it may be proposed to unite these
extremes.

ISie naie ligard has been observed •wiih reii»rcnoe to our future connection
with the Railway imtem of the United Statoe, vrhich has for some time extended
aa fax eastward as Oldtown, in Maine.

Such lines of Railway only as are abready opened or under contract are deli-
neated on the Map.

As a nMtter of nirtorioal int^teat, the originally proposed route between St.
Andrevrs and Quebec, as explored in 1836-^7, at the expenke of this Proviice, is
traced through the territory since ceded to the United States.

In order to give a dear conception at one view of the relative proximity of tho
Ports and Harbours of this Province to those of Great Britain and the rest of
Europe, as well as to shew the geo^phioai position we hold in relation to the
renuunhig habitable portions orjBritish America from the Atiantio to the Pacific,
I have introduced a Chart, on a small scale, on Mercator'? projection, of a suffi-
cient portion of the Globe for these objects. The nautical distances inserted in
this have been carefully computed. The probable features and points of latitude
as exhibited hy tiie latest litops, which would be intersected by a straight Hue
drawn from the apefa harbour of St. John, in this Province, to the mouth of
i^raser River, in raitish Oolumbia, and the distance of that line are also shewn.

The remaining portion of the sheet is occupied with abridged tables tending to
shew, as oompretaenpively as the space would permit, the statistical history and
progress of the Province up to the present time.

In this labour I trust I have not exceeded what vma worthy of the approval
and consistent with the designs of the Legislature. I have also endeavoured

i.ii4

ill

> ! ler
alf

i 13)

•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 m<M^ Mio valno ol Map* IK. rn ft nooaMiirily a fmat rtimt'^nm A

Map which h mU a «>p, 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<r that the
wm t^^ 1"^ *^* ^iir'f -^ ^'^P'*" "^ *^« **»P O"**'*** by the ofverSmSt
gate a diflforonoe of £755 currency, in fevour of the course wSoh has^
adopted, oflBuming that it had been practicable or advisable to nrooure MawcJ
eqnal character from a publiahor in the ordinary way. ^^ ^

au ri^ ' '^-"''™ - --"? -''-"°?. '»q"«*««l » remittance. Ho has not been
I regret
formed i

pujcho. a ijm of EKchan^- forth^;;in- to be"3S toT^o"! t^'^cSSn?
«.w^i, o S^® o*^ receiving the order it would require two months to print and

2S-5f^"*Pr ^."^ \Tr^d»'«de«raWtboT should be fur£lhed^n
parcels of 200, or not exceeding 250 at a time, as rapidfy as completed, in order
that they might be resold to a sufficient extent in the*^flrst instan<J^ to reSiSrS
the amount already advanced, or as n|ueh of th<i same as His EKCelleDoy^
Lieutenant Govomor should deem to be advisable. ^^j /<ti^/

^On aU these points I bog to be instructed if ponible in time for tho enmitog

I have the honor to be, &o.,
one Hen. S. L. Tilley, Pa. .U, Bccretaiy. <''«^> ' 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.

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 <m £1,000 at 3 per cent 30

l^ight and mlsr lUaneous charges and expenses, 7

'M 11 per cent, exchange,

£4G 10

57 19

Or £1 4s. 4d. per copy, nearly.

£2489^18_2

(Signed) J. W.

The presentation of this account-was not, as I hod hoped and as the event will
show, followed by the •« immediate consideration " promisod in the letter of the
TTonorable Secretary, under date of 2lBt July, and reiterated at my interview
^ith him <r th" 3rd August. In addition to this disappointment, a new diffi-

ilty had i^i ilie meantime arisen, and become, as it wUf appear, unnecessarily
iaisunderstood and magnified.

In the course of my communications with the Honorable Secretary, and whilst
the engraving of the Map was in progr* ss, he had adverted to the propriety of
securing the copyright, which he regarded to be of importance and to belong to
the Government. The subject had not heretofom been mentioned, and I did not
feel prepared to concur in the view of the Honui-able Secretary without further
consideration.

Upon presenting my final report and statement of account as above, the subject
of the copyright vras again mentioned, when the Honorable Secretary repeated
his former opinion of its importance, and that it unconditionally belonged to the
Government. I therefore proposed to him, whether in oa-- liis opinion should
prove to be correct, and that, as he contemplated, tho ri^ht should be disposed

.»

II-

. jBofit of the Province, on tho best toims tliat oould be obtained from
a pubi.dhor, tho Government ought not at leiwt to give qm a pveferenoe ootho
Bomo terms. 1 made this ^position ohie:iv bocausol was desirous to prasorvo
tho plates from eventual misapplication and abuse, and to add in a raliable man-
ner new materials Heovn time to time, but I regarded the piospeotive peouniarv
benefit OS very doubtful. The Honorable Secretary replied, fo substanoo. th«t
M one he should decidedly be willing to give me such preference, and therefore
acceded to my suff^tioo that for the purpose of information I should write to
Mr. Wyld reoueetmg bis opinion as to the value of the copyright, and also as to
the voJwity of my own claim to the same. I wrote aeoordTng^ on the 6th Sep-
tember, 1858 , on tho eve of tho departure of the English mail. At a subsequent
interview shortly aft^jrwards, the Honorable ScoretOTy intimated to me that the
Cioyemment might decline to accept or be responsible for any of the two thous-
and copies of tho Mop unless I should relinquish all claim to the copyright. 1
had already informed him that I wished to make no difficull^ about Uie right
but merely wished to have the justice of tho oase properly understood. But as
I could not incur personal risk under such ciroumstances, I immediately wrote
to Mr. Wyld to suspend the prinUng until he should be further directed. This
I supposed need not neoessarU;)? be deferred beyond the suooeeding mail. The
oxMcted prooft not having arrived was also a reason for delay. In tbo meantime
1 offered to submit tho adjudication of my claim entirely to His Bxoellency tho
Ideutonant Governor, who was pleased to decline tho oflfer, but recommended me
to lay a statement of the grounds of such claim before the Government. Without
Tvaiting for a reply from Mr. Wyld, I complied with His BxceUency's reoom-
mendation as follows : — •'

Frbbkricton, 13/A Septmhr, 1858.

<.^^'« ^" ?5^' *^** "** misunderstanding should exist relative to the copyright
of the Map of New Brunswick now, as 1 believe, ready to be printed, I beg I^vo
to state as follows, for the consideration of His KxoeUenoy the Lieutenant Gov-
ernor; — " ,

When the oonstruotion of the Map was undertaken by me, nothing was pro-
posed as to the terms upon which the work should be done, save that no expense
was to bo incurred for new surveys or otherwise, beyond such materials as were
already arailablo. Sorno time aftervrordo, in order to relieve myself of uncer-
tainty and to have no difficulty relative to advoncee as the work proceeded, I had
a verbal understanding with the Surveyor General on the subject.

In September, 1855, seventeen months after the commencement of the work
I wna requested by the succeeding Surveyor General to state the partieiilam of
the arrangement, and the progress of the Map to that time.

In reply, dated 7th September, 1855, 1 stated that nothing was said at the
time about my rate of payment, though I did not expect this to be less favorable
than heretofore when sneoially employed. I commenced on the 1st April, 1854.
and sometime afterwards Mr. Wibnot informed me that his arrangement on the
subject of the Map hod been sanctioned in Council and that he was authorised to
inform me that my rate of payment would be as formerly when employed on
special service. This was a verbal communication, and I have no memorandum
of the d^to.

During all this period no reference was made to the contingent question of
oopyriirht, I believe, for the simple reason that neither party either thoueht of
itatall, or deemed it likely to be of material value.

The object was to provide an authentic and convenient Map for 0£Boial and
pneral use, for tho Public Schools and for information obroad. This could not
be accomplished as a private specuUition alone, and I did not then, nor do I now,
suppose that the Ixsgislature in promoting it by public aid hrd any view to a
direct profit from the some, but on tho contrary, intended and expeeted to make
a cer .un saerifioo m order to supply an acknowledged ncoeesity and to secure
tho vwrioua indirect bcnefite of such a wwk to the interest of the Province

be obtained from
nraforenoeoo tho
iroua to preaonro
InaietiaMenui-
tective poomiiary
A substwioo, tint
oe, and therefore
' ehould write to
ht, and also as to
r on the 6tli Sep-

At a subsequent
d to me that Uie
>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.

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

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
<sh«n» made by me ttss £260, which I claim as a reasonable and moderate
OQttMOMtlOn-

TM QoTenutk^nt yrfll do me the josUce to ^ay that it was not through my own
djiiin that th« Map w« not completed and before the pablic more than eight.
xionthD ago, and that a course was preferred by them whiich necessarily involved
DHkny months of delay.

1 respectfully object to the right now assumed by the Government indefinitely
to avail themselves of my time and services on their own terms. I have been
detained in attendance and suspense upon this service alone, no other duty
hfffing been assigned me.

ta tho meantime, if so required, I have been ready to assiet in the public service

bv MBUming the situation hitherto held by me in the Crown Land Department.

l%lle I have from time to time relinquished only oii special service ana on le«ye

of Ikbsence for that purpose ofBcially communicated to me either verbally or by

Utfter, as will be apparent by reference to official letters addressed to me of the

Allowing dates, viz : — June 10th, 1843 ; June 7th, 1847 ; April 10th, 1848 ;

May 10th, 1860 ; November 2nd, 1852 ; August 16th, 1853*.

I have, &o.,

_„ (Signed) J. YTILKINSON.;

The Hon. S. L. TiUey, M. P. P., Provincial Secretary, Ao.

^ ^ -^ that a letter

dated August 16th, 1853, to above stated, ^as in my possession, but which, on
further search, I have been unable to iSnd. Leave ot aosence at thatdateon the
conditions specified in the previous letters had been given verbally, and I am well
aware M'aa intended to be so by letter. The circumstances are hereafter stated.

I applied from time to time both to the Honorable Secretary and to the Hon-
oV&ble Surveyor General, with a view to obtain a consideration by the Govern*
t^t of my last communication, bet though favored with promises to that effect
thwt fdlfilment was continually deferred. Arrangements of a prudential nature
Ui my private aftairs, which I had made partly in 1849 and partly in 1886,
believing that my position in the public service and acknowledged claims during
twenty years, were not likely, except through some just provocation on my part,
to 1)6 disturbed or disregarded by the Government, cviused these unexpected diffi-
culties to weigh upon me with severity at a time when I could pssibly make no
escape from the pressure, which continues to be aggravated by lapse of time."

During the liCgislative sessibn of 1859, the long delay in the publication of
the Map led to a prowjeding in the House of Assembly which has been already
stated. The reierenoe of the subject to a committee of that body seemed to afford
« fiivpurable occasion of gaining the renewed attention of the Government to my
panding daim.

1 was unwilling to believe that the omission of a copy of the aboye letter of 17th
January, amon^t the copies of correspondence and papers submitted to the House,
was m conjunction with the previous delay, an indication of the purpose of the Qqy-
emment tacitly and indefinitely to postpone or evade the further consideration of
■uoh daim. Under a strong sense of the injustice thus imposed, however, I was
desicousto removcLthe pretext, by me utterly denied, of any improper charge on my
part, as a reason for withholding the balance due for my services. I believed that
ihl>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 <Hffi-
ossibly make no
ipse of time.'
) publication of
18 been already
seemed to affora
vemment to my

tyo letter of 17th
ed to the House,
•pose of the Qpy-
consideration of
however, I was
er charge on my

I believed that
W^yld, as a pub-
ineons appwl to
this Province, a
lioh would hate
;, provided that

my hands as a
bat I addressed,

20.

tbrpi^tb tbair dMiinnap« a propoution to the honorable Committee of the House
of Mmb)^, of whioh the toUowiog i« a oopy : ~

Fbxdsbicton, 5th April, 1859.
Sia,—- In the papers befora the honorable Cosunittee it ie shewn that a claim
for my servioee in preparine the Map^ for publict.tion has been disallowed bv Hie
Sxoellenoy the Lieutenant Governor in Council, and that according tp the letttr
of ik* Honorable Provincial Secretary, dated 14th January last, a vmrrant for
£^00 had be^ issued as payment " in full " of the claim of £250 made by ufM
in nty final account ander &te of 80th Augdst last. I respectfully objected to
iMi aeductidn in a letter addre^^sed to the Honoi.-able Provincial Secretary, dated.
iTiK'tTanaary, to which no reply has been recei^red.

i now beg leave to submit for the consideration of the honorable Committee,
the fidlowmg proposition : -~-

That I should enter into a satieiactory arran{;ement with the Government to
refood S0 soon as possible, say within three yeai« from this time, by the progres-
sive sale of the Map, the whole of the advanceci, amounting to £1582 I4b. 9d.,
which have been made on account of the same, in consideration of beinz fully
protected by the copyright in incurring on tay personal account all farther
onehse necessary to the pointing, coloring, publication and sale of the Map in
tjiis I^xtvinoe and dsewhere.

fXhat I should supply to (he Government such number of copies of the Map M
difty be required for the puUio service, say at the fixed rate of . sterling per
0apfi in riieets colored ; one hundred copies as soon as possible, and any aadi-
ttonal number after the lapse of six months from the time that the Map shall bo
finik publicly offered for sale.

That I should in like manner supply to the Government copies of any new
editfamof tbeMap.

411 of which ia respectfully submitted to the honorable Committee, by, Sir,
»'■• Tour most obedient servant,

(Signed) J. WILKINSON.

!fo Aimer B. IfCIellili, Esq., M. P. P., Chairman of Committee relating to Provino* Map,.

It hu been abea^ stated that the Committee did not think tnroper to reoom>
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 <rf' the account in th«k
e«kaMiAo<)f ihe eoat

I bag that tb« ewly and favorabl* coDsideraUon of Hii tkcdlm^ uirf ti..
hononftlo Cornidl may be afforded to there.p«rtif*^bjJfl&lSiStl2r

I have the honor, Ac,

To tk. Hon. S. L. Tllley. Pn.vlncl.1 B^c^y^ •^- ^LKINSON,

(Copy of reply.)

SjtcRtTAKY's Omot, U/A ilutftt*/ 1859

^at^n^A Sw T 1^^ ^rt!«°«7 the Lieutenant Governor in' OooneU
?k 1 ^r ^ . 26th July last, relative to your aooounts and your boiEli
the public servioe, and am directed to inform you that the last Svm£7-2? &
fuUup to the date of the warrant, but a^S you laV hfJJ^SJKJS
robsequent to that date wiU be paid. ^ ^ ^ ^® "*' ■®^"*

The other point has been referred to the Surveyor General.
;#' I We, Ac.,

; ^Ohn WilklmK>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^<SldW^^!^!j
which is subjoined, was submitted. memorananm, a oopjroi

(Copy)
Q T 1. , FwmraicTON, 13/A August, 1869.

tom^'^^teSteir'^'^^'^^""^''*^'^*^"*^^*-'^?"*'^

« JiSf ""1?P'**°®^ ^^^ ^i ^^^ Government to discharee my account dmm.
earily implies some well understood impropriety In the StlX^ Tr^SLSffi

His KxMUenoy the Lieutenant Governor and the honorable Councilwm «^S«

The Hob. S. L. Tilley, Provinoial Seeretary.

(Signed)

I have, Ac.,

J. WILKINSON.

w . , Frkdbmcton, 22nil August, 1859

time been employed, it was well anciWstood by the QovemnenrthiJflJvSiS

^SS? '''*^°"* r'J"^'** ^ °»7 Bituation^in the CJrown^Sid JiSS?
when those services should be completed. i'apwtawt,

BriSSS' '"T*?/'i!r*'^ ^'^***' '^*''*' ""^ *^« preparation of the Map of K«w
fimnswiok. In this, as m every other case, I hone it is nnnMMMt^X. «.7

>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 <nm time end eervioea, they did not propoee or allude to any alteration in
the pending arrangement, with which both iflSbrmeUy and by letter dated 7th
Smtlnnber, 1865, they were already aoqoafaited.

It will be epperent flrom the oorreepondenoe on the •abject, that the delay of
the eettlement both of this bosinees and of the accounts which becatee irrele*
vantly entangled with it, waa not eelf-impoaed, but on the contrary, that I wal
■Mel ansiooe to remove diffiooltiee which were neither of my own qreating, or
Ibr which I was in any dnpree accountable, but which were nerertboIeBs greath;
# my disoonragement and inconvenience. i

'^Ae soon as I could with propriety report the completion of the Map, and even
under some uncertainty on this point, I did bo on tne 30th August, 1858, with
a statement of account up to that time. I hoped for an immediate settlement of
Hbo latter. But thoneh I made during upwards of four months many personal
•pplieiitions on the sub^t, I did not receive any definite reply prior to the
letler of the Honorable Provincial Seoreta;^, datea 14th January last, by which
I was informed in substance, and without explanation, that His Excellency the
liipatenant Qovemor in Council had deducted £150 from mv account.

I was the more surprised at this information, because I might justly then have
illied, and do now respectfully beg to state my full claim as follows :

tjmi and services at intervals to forward publication of Map, since
Miansh 13th, 1857, (the date of the last account) to December
I7th foUowiaff, not charged in consideration of being otherwise
pnblicl/ employed. From December 18, 1857, to August 80,
1858, mcluBire, say 8 13-31 months, at £38 per month, .... £319 18 8
No part of my time during the latter interval was, or could be, remuneratively
employed.on my private account. My unsettled business with the Government,
and continued attendance on the same, distracted my attention for any fixed plans
of a private nature, even if I had deemed it encumbent upon me immediately to
Mdy upon such. For I had not received an official dismissal bv the Government,
sadi as its own pledges and my long services, several times honorably acknow-
1|(^^, and still, ap I oelieve, without reproach, entitled me to claim, nor have I
yet foceived such dismissal.

Dorine the involuntary suspraise and delay which ensued, the Statistics which
t had coUocted were condensed and arraneea in the manner in which they have
■faice been ragraved and inserted in the Map. Also, the additions and correc-
tions wanting in the manuscript as at first transmitted to the Engraver were
added. A considerable portion of the new materials related to that part of Ifoine
included in the Map. Home return of the outlay in the preparation of a good
Map of New Brunswick might reasonably be expected from its sale in that State,
audi am persuaded that the additions adverted to, independently of their more
general interest, are calculated to ensure an increase of the sale in that State
alone, inuoh more than exceeding in net value the balance which I claim.

But I have at no time supposed that it was, in any degree whatever, a part of
ijao view of the Legislature or the Government, to make a direct profit out of the
tebonr of the author, but indirectly to promote the general interests of the Fto-
vinoe, at home and abroad, by the circulation of a reliable Map. From conver-
sations, with the Honorable Ffrovincial Secretary, I had entertained the expecta.
U<m tiiat tome arrangement in my &Tor with reference to the residuary value of
the oopyH^t, if it should have any such value, vrould not be oltjeotionable to
tbo Government, i^r all the required oopiee were furnished to their satisfiujtiou.
I UiMft i^oiwht and bdieved that sudi an arrangement could be made with b«D^
to the pnblio interest, and that there were reasons why, in justice to myself, t^
proposal should have been liberally considered. I, therefore, regarded the letter

IP- -r-

jiec-

|e;

"!er

alf

ii3)

ff tiM BaumhU Wxmhml Seorvtwry, Hodtr date of Xltk SMt^liM uan ..

«Mmr of oftoo*. I might, fa ooaMquttioe of itOi l«Mtt, bav* NqaMttdlwSrS)
«rtthdnw 017 Moount m nodcMron tfat SOtli AiurMt. wAhSi^m^SrJm
iUDeMat8ta4ftboTe. Bat I nn&rrad to Mbpi loeb ft owam m 1 «mZM«2
Immediately terminate aU unpletaant mtaundewtwding, and anion tiie DNsMt
tottlement ofin^ aoooant aa it atood. I tbewfoiTiJSmedlatdy »i>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

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

"li

V ■

ijlpc-
!;e;

; iler
:alf

•mmm

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.

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^-

ller
a

If
13)

sllSfcift-:

'*ii-mi^^mmilHM

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>gne<i) J. R. PARTELOW.

J. WilkiMon, Civil Engineer, 4o., Prederioton.

^ In October, 1852, my flcrvioes were requested by the late James Beatty, Esq.,
^^^i^JP^*'' j'?^^''*'^ «/ MewOTvPetoJBjraasey A Co., on' the survey oflc
proposed line of Railway from^jJ&taCEaJarai-s. Leave was granted to me
for ^neoesrory absence by IliT Excellency the Lieutenant Governor through
the Provincial secretory, under date of 2nd ^Tovember, 18r.2, and was oontinnid
until December 1853. At this date I was associated, by the Government, with
Mr. Alexander L. Light, as a commissioner for surveying the aites of several
important and expensive bridges then required, and for preparing designs and
estimates of the proposed works. This service chiefly occupied the short inter-
vening time until my engagement to compile and prepare for publication the
new Ifep of the Province, the completion of which was reported on the 30th
Ai^nst, Icdo.

Ihad in the meantime received no notice of any intended change in mv noei-
tion in the public seryioj, nor am I aware of any just cause for the lapse ofthe
situation rep«itedly pledged to me by the Qovemment, at intervals when! should
not be specially employed.

During the preceding fifteen years I should have preferred that an adequate
MJary had been permanently settled for my whole time, without reference to the
Urown Land Department ; and long acknowledged claims encouraged me to relv
upon fitch an arrangemeut, whenever the reorganintioii of the PubUc Depart-

I Junt, 1847.
omor to appiM
nniMion to Avail
id aunrejr of th«
SioellenoT having
rlc ma J be other-
hat empiovment
be done wlUiout
Land Offioe.

SAUNDERS.

Aftri!, 1848.
'ey of a Line of
on, haviug been
nform you tliat
)d to order that
I you to ezeoate

be given to j^ou
bho Crown Land

SAUNDERS. '

f in November,
iit'on a« in the
which I applied
received : —

I May, 1860# ii
!iieutenant Gov-
» of abaencc aa

•ARTELOW.

» Beatty, Eeq.,
e survey of the
i granted to me
vernor through
[ was continned
vemment, with
aitefl of several
designs and

the short inter-
publication the
}d on the SOth

age in my poei-
he lapse or the
i when I should

it an adequate
r^arenoe to the
iged me to rely
Pubiio Depert-

monta, wliitih Itiid lieen long in pnispfHt, inight be acwimpIiHlie?: — HTthe mean-
time, iM^wevttr, the (Joveniment Rdiier»d to the uriginal arrangement, the
rabsiatence of which I have alleged, tb«- <mti nuance ot which ia proved by the
reewded oflksial pledges adduced, and tht iti ntlon ol which, if doubtful, can ba
allrmed by the most competent hiring tewtii .my.

The foregobgare the principal ciroumstances, under which I claim the balance
of my account for the service relative to the Map, as snbmittrd on the 30th
Angont, 1H38, and for my salary as herctufore, at the rutc of £220 jter annum,
•ubsequontly to that date, until tlic time of my employment by tlie Board of
Works. *

(Signcil) J. WILKINSON.

Upwards of fourteen months having transpired without an answer to my last
application, I again applied as follows : —

Fredkricton, 20/A Afoy, 1863.

Sia, — I beg leave to recall the attention of His Excellency the Lieutenant
Governor and the honorable Council, to my communication dated 3rd March,
1862, relative to my unsettled claims on the Government.
.^Through the temporary forbearance of creditors, only have the consequences
aUuded to in that communication been delayed, but in the meantime the burthen,
aggpravated by accumubthig interest, threatens the waste of the sole property in
vvmoh I had invested the small sovings of many years. The investment waa
made in reliance on tlie good fiiith of the Government, under the arrungement
then, and for many years previously, suljsietine, and was unwarranted by any
other motive or prospect of benefit adequate to the risk.

Shortly after my communication last referred to, it was suggested to mo that
the representation of a competent and disinterested third party might bo of benefit
in promoting the settlement ol my claims in question. Believing the Hon. John
S. Saunders, from his former oflScial position, to be well qualified to afford any
required explanation, I availed myself of his permission to refer to him on the
•ubject if I should find it necessary or desirable, and, at his request, addressed to
him a letter stating the general grounds of such claims.

A* pnaenting an epitome of my case, I beg leave, herewith, to enclose a copf
of tha^ letter for the reference of His Excellency and the honorable Council.

I have the honor, (Sbc,

_ „ „ (Signed) J. WILKINSON.

The Hon. 8. L. Tilley, M. P. P , Provincial Secretary, &o.

A copy of the letter above referred to, which was dated 10th March, 1862, ia
here omitted, being in substance nearly the same as the '« memorandum," dated
on tha 17fch of the same month, a copy of which has already been given.
_ Nearly six months having transpired without any reply to my last communica-
tion, it became necessary for mo to represent to the Government, through the
Honorable Provincial Secretary, the consequent injury by which I was threatened,
as follows : —

Frxdsricton, 4/A November, 1863.
Sre, — The President of the Central Bank having advertised in the Royal
Gaxette the sale of my property (consisting of the premises on which I reside) at

ftubUc auction, to satisfy a mortgage given by me to secure a debt to that insti-
uiion, which sale was to have taken place on the 6th ult., but at my earnest
remonstrance, in order that, in the meantime, some satisfactory arrangement
might be made by which to avoid the sacrifice of the small savings of a lifetime,
invested in the property in question, such s»ilo has been postponed until Tuesday,
the 8th December next ; I trust I shall be excused fi)r recalling the attention of
Hia Excellency the Lieutenant Governor and the h<morable Ibteoutive Council, to
my unsettled claims on the Government still pending, the discharge of wlu<di
wonld enable me to relieve myself of the demand of the Central UkA.

"fie*
ller

i3)

^mmmmmum

jiiiimiHi

It may be proper to state how the debt adverted to. Im u'ma.

In order to avoid frequent appUcatioiu to the CJovemmeot foy »dTW)OM on
aooount of the different services on which I had heretofore been enmiEed. it bad
been for many years the voluntary custom of the Bank to honor my c&Kmeadjur^
mg moderate intervals of time, or until 1 could diwsharee the amount bv Qovanb
ment warrant on the Treasury. ' "wvusw

^" f®!!'^'i"y 2°*^'' ^^^^' ^^^ ^^ 0^ ^330 2b., and on May SOth, a further
Bum of 440, together £370 28., were in this way standing against me : for
which, after the lapse of some months, the Bank required payment or satisfiMS
torv security. In consequence of misunderstanding with the Govemmeot
respecting my accounts at this time, and my other limited means havinjr been
absorbed by the property in question, I had no alternative but eventually to Kire
the required security, under which the sacrifice of such property is now th^t-
ened. The original sum, with interest added, being partly compound intenst.
claunedby the Bank, amounts to upwards of £600. •' *^ «

1 have the honor to be, &o.,
_ (Signed) J. WILKINSON

The Hon. 8. L. TiUcy, M. P. P., Provincial Seorftory.'^ • *'"'^'^'^"^ *

Whilst waiting a repl;^ to my last communication, I was, on the 4tb Decsmber
following, fiivored by His Excellency the Lieutenant Governor with an audience
on the subject of my long pending claims, on which occasion he was pleased to
state, with reference to my connection with the Crown Land OflBce, that it would
have been more satisfectoir if some written evidence of a later date than any to
which I had referred could be shewn, recognising the continuance of that connec-
tion, as several years had elapsed prior to the 30th August, 1858, during which
no service had apparently been performed or payment made on that account, and
that at the commencement of the special service of preparing the Map of the
Province, no written aasurance, as on some former occasions, seemed to have been
given. I ejmlamed to His Excellency that this was accounted for by the unbroken
succession of my special services subsequently to 1852, either for the Government
or tor private parties with the consent and approval of the Government ; but
that no notice whatever i.ad either been given, or to my knowledge was ever
intended to be given to me of the termination of the long Bubeisting as8uran<^
upon which I had not ceased to rely, in the expectation that a more favorable
*J"'°Sement would eventually be made. That I had never, since the retirement
ot the former Executive from office, sought from any member of the same an
expression of his knowledge or opinion on this point, but that I very confidently
believed not one of them would hesitate to say that no ch^fee to mv preiudice
waa ever contemplated. That if it were desirable to His Ex^Uencf , 1 had no
doubt that the Hon. R. D. Wihnot, who held the office of Surveyor General at
the time he authorised me to undertake the preparation of the Map, would certify
that by such arrangement it was not intended by him or by the Government to
*®^.*°S,** "7 permanent connection with the public service as previously pledged
His Excellency was pleased to say, that it would be satisfactory to him to see
such a certificate. j- xiuu w «»

On the same evening, therefore, I proceeded to the residence of Mif. Wilmot
TVhom I found at home, and explained to him my errand. He had no hesitation
in stating his clear knowledge of the matter at issue, and willingly undertook to
-communicate the same to His Excellency in a letter, of which he permitted ma
to retam a copy, and which is as follows : — *~ i-f

•- ^ „ BauwNT, SoNBOkr, December ith. 1863.

Mat it fmasb Yoce. Exckixenct :

In consequence of a convwrsation wlOi Mr. Wilkinson this eveninit, I bat to
S ^^.w ."' ^^»5ellency that when I first took office as Surveyor GenCTal.in IKl.
Mr. Wilkinson was permanently ccwnected with the Crown Land Qffioftaa com-
j>uer. I was uMowed by the tbf» Lumteowt GQwamos, Sir EdnwndQM4»ihM

foir adYAqoM on

engsged, it 1»4

mych«qa«Rdni;<t

loont bj GaTflinb>

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

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

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

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

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</» February, 18G4.
May it please Yocb Excellency :

I have tho honour to submit tho following observations in reply to a Memoran-
dum, dated on the 6th ult., by the Honourable Provincial Secretary, in answer
to my pending claims on the Government.

Tlie Memorandum appears to bo the basis of the letter which he addressed to
mo, dated on the 12th ult., to which, on the 16ih, I had the honour to return an
answer.

Ho correctly states my claim on account of salary, amounting to £293 6s. 8d
and proceeds to cite what I have stated in making this claim, but without con-
veying the literal import of such statement. It will appear on reference to a
memorandum, relative to my claims, which ho appears to have in view, dated
17th March, 18G2, that the meaning is not simply, " that I was at liberty to
accept any special services, &c." The words are as follow :— '< The offer of tho
Government in 1838 of an engagement in the Crown Land Office, at a small
salary, was at first declined by me, and accepted only on the assurance by the
Surveyor General of such special employment from time to time as tho public
service frequently required, and which it was his own disposition, and that of
the Government, to confide to me."

Without this assurance I should not have accepted the situation . It was given
and intended in good faith, and was afterwards so fulfilled as to leave no cause of
complaint on my part until the present misunderstanding. The engagement in
the first instance was, indeed, only verbal, but it will be noticed that in the year
1843, and repeatedly afterwards, the Government at their own discretion gave
me written assurance that my permanent salary should not lapse in consequence
of my special employment. There were reasons for which they were pleased to
regard me as honourably entitled to this guarantee, and I refer to ft as their
certificate of my just claim to the benefit intended.

Under this arrangement my special employment became tho rule, and my
reversion to the salary in connection with the Crown Land Olfice the exception.
On the termination of each of my special duties, if any lapse of time intervened
the claim by which I was thus permanently retained in tho public service was
uniformly recognised ; but it will hereafter be shewn that from the Ist of Novem-
ber, 1852, to the 30th August, 1858, such special employments were uninter-
rupted.

It is not disputed by the Honourable Secretary that on tho 30th August, 1858,
I reported to him the termination of my special service in relation to the new
Map of the Province. This had been my usual course ; and if the Government
should have no other special employment to offer immediately, or within a short
period, I held myself ready, as i did on this occasion, to perform such other ser-
vice, in connection with the Crown Land Office or otherwise, as might be consis-
tent with my engagement. 1 had on such occasions attended to duties having
little or no relation to the business of that office, as equivalent to my resuming
the compilation.

It will be seen that during the period between tho 30th August, 1858, and
the 14th Januanr, 1850, ana also afterwards, a correspondence was going on,
on the subject of the Map, and that I continued to attend to certain corrections
and additions to the same, for which I made no charge, not distrusting the con-
tinued subsistence of the arrangement under consideration, in which I intended
to merge any claim for such casual service. In the meantime, I was not respon-

-..i^jf,^,.^...-.-,.^,^..^^-^. .

' ^ i" i" i« ' i..'. ' iu i L jiriiuHuaj g*!-

!3C-
ler

fl3)

\ \

wble for tliedelar of upwards of four montha, durine which I had endeavoured
mvaintoolioit,bymanyinterview8, both with the llonourable Secretory and
the Honourable Surveyor General, any exi^lanation of the real intention of the
Qovemment towards me. But having at length received the letter addreseed to
me by the Honourable Secretary, dated on the 14th January, 1859, 1 replied on
the r7th, complaining of the long delay of the Government in attending to my
account, remonetrating againat the injustice of withholding the sum of £150 in
part of the same, andTulTy referring them to former pledges in relation to my
poaition m the public service. I afterwards sought at freauent intervals durinj
theensuing SIX months, to obtain a reconsideration of both the matters adverted

S' ofl^iTr , *il"i5f*- . ^* ^®°«*^ ^ °>*<*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
<Jrown Land Office. This is my first krowledge of such a statement, officially or

bad ondeavoured
le Soorotary and
intention of the
itter addressed to
59, 1 replied on
!\ttendine to my
earn of £150 in
n relation to my
intervalB darine
matters adverted
' letter, dated on
a reply, inform-
meirt was in full
g to my position

itirely tbe impa-
ittendanco upon
The tacit and
th a fall know-
B public service,
usual and eztra-
without charge,

3'^UB Mrhy, in his
imount charged,
aim existed,
it what is above

iddressed to the
ttervms written
)rofyourExcel-
laim as I might
ce, of the copy-
should be sup-
> state in detau,
Secretary, the
be matter might
I submitted in
3 Secretary has
H5t of the letter,
other c<H)Struc-
be words which
imply stated in
e 22d August,
)er addressed to
1 beg leave to

tnourable Secre-
n submitted. I
lost reluctantly
>nt of the long

after the lapse
e, made by ^e
'discontinued"
ishment of the
mt, oflScially or

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

w i i> i( w i ^wwTw w iiii i iiil •

jBC-

ier
alf

.13)

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

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"<ies all past disbursements, with £150 yet claimed
by Mr. Wilkinson for his services, and the further expenses of eiigravine and
issuing the proposed number as above." & &

They also refer to a jproposition submitted by me progressively to reimburse to
the Government the whole expense of the Map, but after considering the same
do not recommend it to be entertained.

The Report vras duly read before the House and ordered to be accepted. It
does not appear that the Honorable Secretary, or any member of the Government,
objected to tho correctness or propriety of the above estimate, which pccifically
mcludcd the cfeim for which I have so long contended. If such claim were

|e;
ler
alf

'13)

cl<!arly unjust, and Huoh oa ouul't not to be Allowed, why wm it in thia manner
jHjruiitted to bo reoordeHl ' U ih quito obviouB that: even after hearing the expla-
nations of the llonorablo Secretary, the Committee did not feel justified in omitting
my claim from thoir ostimatc.

That such estimate was accepted by the House m the understood cost of the
Man \h further evident by frefjuent reference to it in a debate which occurred on
the 20th February, in the ensuing session of 1860. Also, with regard to the
value of the Map, it was, according to the report of the same debate, stated hy
an honorable member, that " ho liad seen the copies sold in England at three
guineas each."

In the memorandum before referred to, dated 22nd Augost, 1859, and tab-
initted by me through the Honorable Provincial Secretary, I hare diBcuHsed, I
trust in a fair and proper manner, the commeroial value of the result of my
labour. With the followtag extract from that paper, I beg leave to close my
present reply to that part of the memorandum ot the Honorable Secretary which
relates to my claim on account of the Map : —

»« I do not aasumo to interfere with any arrangement which the Government
may think proper to make with reference to the dispoaal of the Ma^*, in order to
reimburse all or any portion of the expense of the same. But so far as such
arrangement mny be supposed to indicate the value of the Map, It should not bo
construed to my disadvantage. In my communication of 30th August, 1858, 1
shewed that according to the opinion of Mr. Wyld, a publisher of high «J»na»ng.
the net wholesale price of such a Map in England would be equal to 31b. lOd.
currency, in sheets coloured. Addine all expenses this would be equal to about
32b. 6d. in this Province. The retail price which I paid for the latest edition of
Greenleafs Map of Maine, which is necessarily imperfect and geographically
inaccurate, waa 358. currency, in sheets, plain, and it is smaller than the Map ot
New Brunswick. I beliflve that no feult was found with the price of 258. cur-
rency, in BheotB, coloured, which Mr. Lockwood put upon hifl Map of New
Brunsvrick more than thirty years ago, when, firom the necessity of the case, the
work did not comprise probably one^fth part of the labonr of the modem Map,
and in the absence of proper materials was unavoidably very incomplete and
defective in its geography. I am informed by Mr. Lockwood that the price of
his Afcip, mounted on rollera and varnished, was 40b. currency.

" The net wholesale price at which the new Map is publicly announced is eoual
to 158. currency, in sheets, coloured ; which may be estimated at not lesB than
17s. 6d. below its ftiir wholesale trade value, though it is only 98. 4d. betow Ithe
actual estimated cost, including my ovra claim, as shewn in my letter of 30th
August last. I do not complain ot this, nor Bhould I complain of any lower price.
If unconnected with injustice to any individual, I might rather approve of any
ludiciouB sacrifice of this kind which the Government might deem proper. But
1 trust I may be permitted to complain that this sacrifice should voIuntarHy be
made, whilst a claim in relation to the work itself, shewn, as I trust, to be justly
and hour 'ably due, under the circumstances which I have stated, should be con-
tinued to be withheld."

All of which is respectfully submitted. WILKINSON

To His Bxoellenoy tte Honorable Arthm Hamilton Oordon, C. M. G.,
Lieatenant Qovemor, &a. &o. &o.

At an interview subsequently to the above oommunioation. His Excellency
expressed himself not wholly satisfied with my observations relative to the Blue
B(K)k return, which had been cited by the Honorable Provincial Secretary, I
thereture sought to obtain from Mr. Wilmot his own ratplanation of the intended
effect of the return which had been officially authenticated by his eignature.
Some weeks elapsed before I had a fevorable opportunity of receiving such expla-

la it in tbitf manner
tr hearing the expla-
, justified iu omitting

dentood cost of the
e whioh occurred on
with regard to the
te debate, Btated hff
n England at three

;aBt, 1859, and aub-
I have dioouawd, I
of the reault of my
K leave to oloee mv
ible Secretary which

ich the Qovemment
the Map, in order to
But do far as nuoh
[ap, it should not be
0th AneuBt, 185R, I
der of high standing,
B equal to 31b. lOd.
d be equal to about
' the latest edition of
and geographically
kUer than the Map of
le price of 258. cur-
)n nis Map of New
iBsity of theoase, the
of toe modem Map,
rery incomplete and
}d that the price of
cy.

ly announced is equal
tted at not lees than
uly 9s. 4d. be)iow the
in my letter of 30th
in of any lower price,
ther approve of any
)deem proper. But
hould voluntarily be
8 I trust, to be justly
tated, should be con-

J. WILKINSON.

.tion, His Excellency
relative to the Blue
ovinoial Secretary, I
lation of the intended
id by hie signature.
' receiving suon ezpla-

Mav it plxabi Yocr EzcuLMNcr :

Fbidirictow, m March, 1864.

document and inspected the same in my presence. * °"«""'*

Ho disclaims, and indeed derides, such a mode of dismissal which hn «ffirt„-

«^uld onlv be by authority of the Lieutenant Governor rSncU and no^b^^^

S^i^i rhe*?er«S.'1^* f '^^- ^^ ^^ *^ -PPrS« aTli\;°lrnSe^f

oo^ide^ble peri^!^rslc?e«^-it^^^^^ Jj ^^^^ra

He promised, at an early opportunity, to see Your ExceUency on the subject.

I have the honor to be, Ac,

(Signed)

J. WILKINSON.

To Hla HxooUenoy the Honorable Arthur HwnUton Gordon, C. M. G..
Lieutenant Governor, Ao. Ac. Ao. '

In the meantime the Central Bank has declined further to rofrain frnm *i,.

Ih^Za^'a ""^i^' "^r^ ""^''^ I ^^^ '^^ -'^der ShTneclfuXiX for
the debt due by me to that institution, and the entire sad^oTof mv fZSP
porty « BUBpended on the momentary forbearancToJ^iZ;' ^ ""^^'^P'^"

':SL':i^'^'oTS^^^iS:^«f^--^^-^Vt to the mo^ S^Iie^^S!;
Fredericton, 14th March, 1864. '^* ^^^^KINSON.

rec-
ice;
rder
lalf

(43)