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Tous les autres exemplaires originaux sont filmds en commengant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfche, selon ie cas: le symbole — ► signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre ftlm6s A des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd d partir de I'angle sup6rieur gauche, de gauche d droite, et de haut en bas. en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. y errata 3d to nt ne pelure, igon d 1 2 3 32X 1 2 3 4 5 6 ! PU OFFK ILLV: LO ^ PRINTED BT I I INTERESTING PUBLIC DOCUMENTS, AND OFFICIAL CORRESPONDENCE, ILLUSTRATIVE OP, AND SUPPLEMEXTARY TO THE HISTORY OF LOWER CANADA, PUBLISHED BY ROBERT CHRISTIE. VOL. VI. 7 ii^->^ -V^Ci} iWantreal; PRINTED BY JOH.V LOVELL, AT HIS 8TEAM-PEINHNG CmBLlSHMEXT, ST. NICHOLAS STREET, 1855. f To tho Members of the joint Committee of the Library of Parli. ment, viz : The Hon. the Speaker of tlie Legislative Council, J. Rose. Hon. P. H. Moore, L. C. Hon. W. Walkek, L. C. Hon. J. Ferrier, L. C. Hon. E. P. Tache, L. C. The Hon. L. V. Sicotte, Speaker Legislative Assembly. Hon. Sir Allan N. MacNab, L. A. Hon. John S. McDonald, L. A. Hon. A. N. MoRiN, J. S. C. Hon. P. J. O. Chauveau, L. A. Hon. Joseph Cauchon, L. A. John Langton, Esq., L. A. Jos. C. TACufe, Esq., L. A. Chas. p. Laberoe, Esq., L. A. M. H. Foley, Esq., L. A. Gentlemen, — This volume containing a variety of official papers and correspondence hitherto unpublished, and now for the first time sent abroad, will doubtless prove highly interesting to Lower Canada. It is due, therefore, to you, at whose recommendation the unanimous votes of both Houses of the Provincial Parliament were passed for de- fraying the impression, to associate your names with tho. publication. In token then of my respect, and in acknow- ledgment of the readiness and liberality with which you met my purpose, when I appealed to you on the subject as one of public interest, I take the liberty, of inscribing these pages to you, in the full belief that the country will not deem the money unprofitably voted. R. CHRISTIE. Quebec, May, 1855. \ i INTRODUCTION. ie- The papers and correspondence in this volume, relating to the constitution and government of Lower Canada, and other public mattei-s therein, throw upon certain periods of its history much additional light, the more interesting as coming directly from the chief actors themselves in the political drama. A notion has long and very generally prevailed, though without any positive evidence to support H, that the authorities in Lower Canada, particularly during the administration of Sir James Henry Craig, had urgently moved the home government for an alteration in the con- stitution, and for various innovations upon its civil and reli- gious institutions, but in which of these, or in what partic- ular respects, remained a mystery to the people who were to be affected by the proposed alterations, and without being at all consulted on the subject. Hero, however, is a full revelation of the whole scheme. The correspondence of Mr. Ryland, the objects of whose mission to England, in 1810, the reader will find in Sir J. H. Craig's letter to Lord Liverpool, introduced at the end of the publisher's, vol. 5 of " Lower Canada," is by far the most interesting portion of the collection, and will be found to have been conducted by that gentleman with tact and ability, whatever may be thought of the purposes of his mis- sion, which few of the present day, except those of the old school, will undertake to justify, or approve. IV As death lias removed Mr. Ryland from amongst us, h short memoir of him taken from a Quebec paper, (Mercury, 25th February, 1834,) may not bo amiss, that his position ant' status in the country may be understood. Born and educated in England, the late Honorable Herman Witsius Ryland first entered public life in the year 1*781, going out that year to New York as Assistant Deputy Pay Master General, to the King's forces in liritish North America. Soon after his arrival there ho was sent into the enemy's territory, where he remained as Acting Pay Master Gen- eral to the forces, captured with Lord Cornwallis and Gen. Burgoyne, till the end of the war. On the evacuation of New York by tho British forces, he returned with the Com- mander in Chief, Sir Guy Carleton, to England. In 1793, the same General Officer, then Lord Dorchester, and Governor in Chief of British North America, brought Mr. Ryland out to this country p^ his confidential Secretary. In this capacity he continuec - - rve under several suc- cessive Governors of Lower i ..inda, during a period of twenty years, and resigned under the administration of Sir George Prevost. The confidential and important office of Clerk of the Executive Council, which for several years he had held, previous to his resignation of tho Secretariship, he retained until his decease, which took place at his resi- dence at Beauport, near Quebec, on 20th July, 1838. Though a strong party man, Mr. Ryland was a benevolent and kind neighbour, even to those of opposite and hostile politics, and accordingly he was much esteemed in the parish where he resided, by the French Canadian inhabi- tants, with whom he lived on terms of intimacy and friend- ship. He had been, in acknowledgment of his services, honored with a seat in the Legislative Council, and more- over was gratified with a pension from the Crown. Ib3 m9] As Secretary lie had the beat possible opportunity of making himself thoroughly acquainted with public aflairs, and the principal public men in Lower Canada. The reader will judge of his ability as a diplomat by his corres- pondence. But Mr. Ryland, it truly must be said, was in his sympathies and antipathies, prepossessions, and preju- dices (for who is free of such?) an Englishman to the core, and like his friend and chief Sir J. II. Craig but little apt to conciliate or soothe the prejudices of a people foreign in language, religion, laws, usagca and customs to those of his own country, to which they were but recently annexed by conquest and treaty. Indeed, generally speak- ing, it may be said that the prejudices of Englishmen, if not innate, are at least stubborn and characteristic, certainly not of a nature readily to humour or indulge those of their co-subjects of the other race, still less to give way to them. His convictions in politics, however, were conscientious, and his integrity unimpeachable. The darling project of his heart, was to anglify, but by means compulsory and distaste- ful to them, the French Canadian people, who, having no wish to be anglified by any means, would not be so " by com- pulsion." As a servant of the Crown he pursued ardently and indeed ultra zealously, what he believed to be, in the phraseology of the times when he first entered upon public life, the interests of his " King and Country." But injustice to his memory it should be also stated that although he considered the people of Lower Canada insuflBciently pre- pared for free institutions, or self-government, yet in the case of Judge Foucher, when the Crown conceded to the Assembly its right of impeachment, ho manfully, at the risk of losing his official appointment, denounced in his place in the Legislative Council the crooked policy of the government in withholding from the assembly the despatch conveying the Prince Regents' decision on this head. Mr. VI Ryland was also a strenuous advocate of education, and for instructing the people in order to anglify and qualify them for liberal institutions. The objects of his mission to Enj^land were triple : first, to obtain an alteration or suspension of the Constitution ; secondly, to make the Government ind<'i)endent of the people, by appropriating towards its support the rovenues of the estates held by the St. Sulpicians at Montreal, and those of the late Order of Jesuits; and, thirdly, to induce the Government to lay hold of the patronage hitherto ex- ercised by tlie Roman Catholic Bishop of Quebec, to the cures or Church livings in his Diocese. The first of these propositions, as it would require the interference of Parliament, and might raise a storm, the Colonial Minister, Lord Liverpool, at once wisely rejected. The two others, not requiring Parliamentary action, were entertained, and after considerable delay and some hesita- tion, the nation being deeply engaged in war, were deter- mined upon by the Cabinet Ministers, but prevented by the Lord Chancellor (Eldon,) who, to liis honor be it told, entertaining scruples on the subject, the whole scheme fell to the ground, and Mr. Ryland's mission consequently proved a failure. As to his purpose of making the Gov- ernment independent of the people, Mr. Ryland certainly erred, it being contrary to the spirit of the British Con- stitution that it should be so. Here a question will naturally occur to the reader aC' quainted with the population of French origin in Lower Canada, to which expression may bo allowed. Had the Government, in virtue of the Constitution and Laws of England, as it would seem it legally might have done, wrested from the Roman Catholic Bishop the patronage of his Church livings, or induced him by the more per- suasive means of corruption, as proposed, in bribing him, viz : vii ;on- ft.t 1 by a pension or salary, quietly to relinquish it for alleged reasons of State to the Crown, could it have been more judiciously exorcised by the (iovcrnmont, and so satisi'ac- torilv to those imnicdiatelv concerned, as it has boon uni- forndy since the conquest to this day, in the liands of their own pastors ? Enqdiatically it may be answered, No. There can scarcely bo a doubt that the Church patronage in the hands of the Government would be made subservient to politics; in a word, prostituted. The most supple and subservient of the priesthood, to the Executive, those mix- ing themselves up with the passions of the multitude, and openly in disregard of the sacred obligations of uuty, taking,for instance, a part in elections to secure the return of Executive creatures, or those most assiduous in paying court and doing homage to men .n power, Avould, in all proba- bility, be the most likely to fare best in the church livings ; while men of genuine merit, above prostituting the influ- ence of their sacred station to politics, would be passed over, and might live and die unnoticed. At any rate, discontent and disorder, had the Government, either forcibly or through corruption, assumed the appointments to the Roman Catholic cures^ would, most probably, have re- sulted ; and it wisely refrained from the experiment. The subject has since remained at rest, and it is to be hoped will so remain. The Parliament of Canada having recently, in a very emphatic manner, declared it ''^desirable to remove all semblance of connection between Church and State" it is not indeed likely that it will ever be revived. The Roman Catholic population maintain, at their own expense, under an Act of the British Parliament, their Clergy, and so long as they themselves are satisfied with the management of the Church affairs by their own pastors, any attempt to wrest it from them for reasons of State, would, to say the least of it, be exceedingly bad policy. As, therefore, tho Vlll Roman Catholic Cler^ nre independent of the Govern- ment, and not likely to be invoked by it, unless on occasions of great and extraordinary moment, and in a just and good cause, (times have been when tlioy " have done the State some service, and they (/) X'^ojwV,") they cannot but ap- preciate their position, and must foel that to preservo tho respect, and indeed conjinandinj*" intUienco and usi^fuhioss, belonn^ing in every reliji^ious, moral, and social sense, to their holy vocation, all interference with party and poli- tics is to bo eschewed. Slaves to these or to the Govern- ment, and it would bo hard to say which of the two were the baser bondage, it is very certain that, in either case, the people, who in such matters judge correctly, would not hesitate to deem their spiritual guides in a false and de- grading position. "Dignified neutrality," to use a borrowed but hackneyed expression from a late high functionary, in self-complacency, and on a memorable occasion in this Province, is the position which in times of excite- ment best becomes the Ecclesiastical character. These few remarks, hazarded in no unfriendly disposition towards the Roman Catholic Clergy, will not, it is hoped, be taken as implying the least reflection upon the Body, nothing being farther from the writer's intention. The world-wide established respectability of the Canadian Roman Catholic Clergy, and, indeed, his self-respect and regard for truth, must shield him from the suspicion of any such undue and unworthy purpose. It may here be observed that the revenues arising from th(B Estates of the late Order of Jesuits in Canada, which upon the extinction of the Order in or about 1 800, de- volved upon the Crown, are, by an Act, in 1832, of the Parliament of Lower Canada, destined, very justly, to the general purposes of education. The agitation which form- erly existed with respect to the Estates of the St. Sulpiciani ix trom licli de- the the rm- aui jit ^fontreal, whose rifjht to the S('inrniori««s they lieKl, was on legal grounds (loniey the Law ollu-ers of th« Crown at home and in the Trovinco, han also l)con set at rest. Hy an Ordinance, in 1840, of the (tovt-rnor (Jencral, the Riujht llonorablo Powlett Thomson, and Special Conn- cil of Lower Canada, the St. Sulpicians are incorjiorated, Ruhject to certain conditions, nnder the style of '' The Kc- dcfthiHt'irH of the Soniuartf of ^V. Sulpico of Montreal,''^ and confirmed in the possession of those estates, the reven- ues whereof are also thereby approjulated to the j)urpose9 of relitrion, education, and the su])port of poor invalids and orphans; in fact, to their orij^inal destination, and to better purposes dcvotoil, or in better hands, they could not be. It were folly at this time of day, and with the experience we have had, to attempt any vindication of the measures alluded to, as proposed by the Provincial (jiovernment in 1810. Most men will now consider the whole as a com- bination on the part of the governinjOf against the rights of the governed and glory in its failure. There, is how- ever, reason to believe that a very considerable portion, perhaps the great majority of the British popp.lation of that day in the Province, were of opinion that an altera- tion in the constitution, or suspension of it, was then necessary, — an opinion, however, which most of those who still survive would probably admit to have been prema- ture. Mr. Ryland's policy was no doubt high handed, but there is in his correspondence, internal evidence of his sincerity, and that he believed it necessary to secure the permanent connexion of the colony with Great Britian. Time and experience, however, those sovereign teachers under providence have so far, it would seem, demonstrated the contrary, and a wiser scheme than that proposed by Sir J. II. Craig, though still far short of perfection, i» t I ; ! I H accordingly in operation, with what success remains to be seen. We have literally the entire government of our own local affairs, and if we allow or connive at mis- government on the part of those we entrust with our interests, whom but ourselves have we to blame ? But, as previously stated, Mr. Ryland was not solitary in his views, which in fact he only partook of in common with aclass determined, rightly or wrongly, to maintain an ascend- ency, as long as thoy could, in the Government, and secure to themselves, their partisans and proteges, "the sweets of office." To do his memory but justice, however, it is cer- tain that in various instances he patronized and encouraged native talent among those differing in language, religion and politics?, from himself. A remarkable acknowledgment of this will be found in a letter to him from Bishop Plessis, which in perusing the following pages, the reader will meet with. The system so galling to all colonists, of providing them with officials from home, generally persons needy and of no account there, but who, installed in office here, become at once important personages among " the natives," is hap- pily at an end. If native colonists are still slighted, and adventurers preferred to them for places of trust and emolu- ment, as some vehemently contend, and possibly with reason, it is to governments chiefly of their own creation that they are obligated for the unjust and offensive preference. The British Government certainly is not to blame in the matter, the appointment of every functionary )f the Civil Govern- ment in the Province, with the exception only of the Gov- ernor, and perhaps also of his private Secretary, including the Chief Justices and Judges, being now by nomination of the Provincial Administration. There are, beyond all doubt, talents of colonial growth in the Province, more than adequate to its ordinary official wants, and they are, one misfht reason- ably think, entitled to preference. ii! XI It remains but to observe, that whatever the reader may opine of Mr. Ryland's politics, mission or correspondence, he will not fail to appreciate the liberality of his son George H. Ryland, Esq., of Montreal, who some time ago, in hand- ing to the publisher a considerable collection of papers for his private perusal, that had appertained to his father, very obligingly gave him also leave to select from them for publi- cation, such as he might deem interesting to the public, and illustrative of the History of Lower Canada, rightly deeming that the time had come when they might go to the world without offence to any person living. It is, therefore, to the public spirit of this gentleman, that the country is indebted for the interesting revelations in the following sheets, and which as regards his father, most men of candour will admit, abundantly prove that if he erred it was in good faith, and that his errors consequently were venial, as well as compensated by his honesty of character and integrity of purpose. R. C. Quebec, May, I806. i ^ ■f: ! ERRORS TO BE CORRECTED. Pafie 85, line 20, for " Barthelot" read " Berthelot." Page 97, iines 33 and S7, for "De Salabery" read " De Salaberry;" the same also in page 98, line 3. Page 123, lino 2, for " proses" read " Prseses." Page 211, line 13, for "green wood " read " Greenwood." Page 226, line 30, for " use " read " case." The name of Bishop " Denaut " is in several places printed erroneously " Denaud," being so in the copy. E The appendices referred to in previous volumes, are unavoidably from their bulk put off for insertion in a future volume, in which it is intended to comprise the Reports of Lord Gosford and the Commissioners with that of Lord Durham. R. C May, 1855. (1 TI C( p INTERESTING PUBLIC DOCUMEITS. AND OFFICIAL COEEESPONDENGE, ILLUSTEATIVE OF THE HISTORY OF LOWER CANADA. EXTRACT FROM A PUBLICATION r/ELATIVE TO THE AFFAIRS OF CANADA; BY BARON MAZERES. (No date, but evidently prior to the Quebec Act, \Mh Geo. 3, ch. 83.) THINGS NECESSARY TO BE SETTLED IN THE PROVINCE OF QUEBEC, EITHEE BT THE king's PROCLAMATION, OR ORDER IN COUNCIL, OR BY ACT OF PARLIAMENT. 1. Whether tithes shall be paid to the Popish Priests by compulsion of law, or only when the landowner chooses to pay them. 2. Whether, if they shall be paid by compulsion of law, they shall be paid by the Protestant landowners as well as the Popish ones. 3. If the Protestant landowners shall be compelled to pay tithes, to whom they shall pay them ? whether to the Popish Parish Priests, or the King's Receiver General, or any other, and what person. 4. How the Popish Priests shall be appointed to their respective parishes : whether by the Bishop, or by the King's Governor; and whether for life, or during tho pleasure of the said Bishop or Governor. B •' t l> :l > ti I 14 5. Wlietlier the parishioners sliall be obliged, as formerly"; to keep the cliiirches and parsonage houses in repair, and Tebuiid them when necessary ; and whether the Protes- tant landowners shall be bound thereunto as well as the Popish ones. 6. Whether the Protestant landholders shall liave a light to make use of the churches for the celebration of divine worship, according to the Liturgy of tlie Church of England, at ditierent times of the day from those at wliich they are used for the celebration of the Mass, as is done in many places in Switzerland, or whether the churelies shall belong solely and exclusively to the Roman Catholics. v. And whether the Protestant landliolders and other residents in the parishes may make use of the church yards to bury their dead in, or must leave them to the Pioman Catholics, and bury their dead in some other place. The Roman Catholics contend for such exclusion. 8. Whether tl f> Bishop of Quebec shall exercise all the powers of a Popish Bishop, such as that of suspending or depriving Parish Priests from their benefices, and interdict- ing divine worship in any church or chapel, or only some of those powers, such as ordaining Priests and confirming adult personr, and consecrating burying grounds and other places or things, to holy uses, and if he shall exercise only some of his powers, then to determine which he shall exercise, and which he shall not. 9. Whether, in the business of ordaining Priests, the Bishop shall act entirely according to his own discretion, so as to ordain as many as he shall think fit, perhaps three or four in a parish, or sliaU be bound to ordain only such as the Governor shall permit to be ordained. 10. Whether any Priest under the Bishop, shall exe»-cise any spiritual or ecclesiastical authority in the Province, by the title of Grand Vicar, or any other title, or whether all the spiritual authority permitted to be exercised over the Popish Clergy, in the Province, shall be exercised only by the Bishop himself. N. B. I was assured from ^^ood authority, that one Mr. Saint Onge, in tlie year iVGb, interdicted divine worship in a chapel, at the Iron Mines, near Three Rivers, in the character of Grand Vicar, "'f>. I i II 15 s formerly, repair, nnd he Protcs- YC'li as the all liavo a .'bi'Mtion of Clnircli of le at which is done in relies shall holies. and other iiireh yards he lionian lace, "the cise all the pendiiiii' or d interdict- only some confirming and other rcise only he shall riosts, the idiscretion, laps three only such 111 exercise )vince, by whether 'ised over Icised only one !Mr. worship rs, in the ■?> 11. Whether the Bishop shall not receive some written authority or license from the Kinir, to exercise the office of Popish Bishop of Quebec, either under the great seal of Great Britain, or the public seal of the Province of Quebec, and whether his appointment to the said office of Bishop shall be for life or during the King's pleasure. 12. Whether the said Bishop shall have.a Popish Bishop for his successor, or shall be succeeded by a Protestant Bishop : as it will be easy to find another method of get- ting new Priests ordained, by sending them to Europe for that purpose. N. B. The presence of a Popish Bishop, in this Province, has a strong tendency to kce]) up the Roman Catholic reli- gion, and to deter such Catholics as might otherwise be disposed to abandon that religion, or at least some of its doctrines, and embrace those of the Protestant religion, from doing so*; they now harlly dare to do so. Whether marriages between persons that are related to each other by blood or marriage, shall be deemed lawful or unlawful, and valid or invalid as to the civil conse- quences of dower and inheritance and the like, accordintr as agreeable to the rules of the Church of England, and law of England, or according to the rules of the Church of Rome. The Church of Rome extends the prohibitions of marriage on account of consanguinity and affinity much fur- ther than the Church of England, I believe as far as fourth cousins, but at the same time gives the Bishops, and the Pope, a power of dispensing with these prohibitions where they think proper. The Bishops may dispense with them to a certain degree, but in nearer degrees of relation it is necessary to apply to the Pope. N. B. In the year ITGY, one Mr. Goudet, an elderly gen- tleman at Montreal, was desirous of marrying his niece Mademoiselle Promenade, a handsome young lady of twenty years of age, and applied to the Bishop of Quebec for a license so to do. The Bishop, as I was credibly informed earnestly dissuaded him from marrying the lady at all as it would be an indiscreet and injurious measure, if the dis- pensation could be obtained; but finding Jiini determined on the marriage, he told him he had i^t sufficient authority to grant him a dispensation in a case of such near consan- » ' I I '' pi! if i • ii ! ' I ; u 16 ffuinity, but that ho must apply to the Popo himself: which he accordingly did, but died before a dispensation was obtained. Now, if this dispenr^ation had been obtained, and the marriai^e had taken place, it ouGjht to be known and determined with certainty, whether the issue of such a marriage would have been legitimate, and entitled to inherit their mother's fortune, and whether the lady would have been entitled to her dower. 14. Whether it ought not to be made lawful for Justices of Peace, as well as I'opish and Protestant Priests, to celebrate marriage in that Province ; seeing that the Popish Priests refuse to marry a Roman Catholic to a Protestant, and the Protestant Priests are so few in number, and so remote from several parts of the Province, that it is often difficult for them to attend on such occasions, and will be more so when the Protestants shall be somewhat more numerous than they are at present. It should seem that these marriages between Protestants and Roman Catholics ought to be encouraged as much as possible.* FROM LORD GRENVILLE TO LORD DORCHESTER. Whitehall, 20th October, 1789. My Lord, — It having been determined to bring under the consideration of Parliament early in the next Session the propriety of making further provision for the good govern- ment of the Province of Quebec, I enclose to Your Lordship) the draft of a Bill prepared for this purpose. His Majesty's servants are desirous, before this plan shall be proposed to Parliament, to avail themselves of such observations upon it as Your Lordship's experience and local knowledge may suggest. It is probable that Parliament may not meet till towards the end of January next, and that there wnll therefore be full time for me to receive Your Lordship's answer to this despatch, with such remarks as may occur to you on the * The Roman Catholic Clergy of late years have swerved from this rule, and now marry witliout dirticulty a Protestant to a Roman Catholic, when the parties are otherwise capable by law of conti*acting marriage, on condi- tion of bringing up the offspring catlioUquemcnt. R. C. (1855.) If: which ition waa ined, and Q known of such a to inlieiit lukl have r Justices ^riosts, to le Popish rotestant, r, and so t is often id will bo hat more 50cm that Catliolics ESTER. 1789. ig under ission the I govern- Lordship liiis plan selves of iperienco towards jfore be to this on the I this rule, jlic, when Ion coudi- I. (1855.) i 17 proposed Bill, and with such information as may be ne- cessary to enable me to supply those particulars of detail which are now left in blank. Your Lordship will observe, that the general object of this plan is to asshnilate the constitution of that Province to that of Great Britain, as nearly as the difference arising from the manners of the people, and from the present situation of the Province will admit. In doing this, a considerable degi-ee of attention is due | to the prejudices and habits of the French inhabitants who compose so large a proportion of the conmiunity, and every degree of caution should be used to continue to them the enjoyment of those civil and religious rights which were secured to them by the capitulation of the Province, or have since been granted by the liberal and enlightened | spirit of the ]5ritish Government. /j This consideration has had a great degree of weight in I the adoption of a plan of dividing the Province of Quebec \ into two districts, which are to remain, as at present, under | the administration of a Governor General, but are each to I have a Lieutenant Governor, and a separate legislature, xt The Kino-'s servants have not overlooked the reasons urged by your Lordship against su h a separation, and they feel iLa;*- while Canada remamed under its pre- sent form of Government, great weight would have been due to those suggestions, but when the resolution was taken of establishino; a Provincial Legislature to be constituted in the manner now proposed, and to be chosen in part by the people, every consideration of policy seemed to render it desirable that the great preponderance posses- sed in the upper districts by the King's ancient subjects, and in the lower, by t'le French Canadians, should liave their elfect and operation in separate legislatures, rather than that these two bodies of people should be blended together in the first formation of the new constitution, and before sufficient time has been allowed for the removal of ancient prejudices by the habit of obedience to the same govern- ment, and by the sense of a common interest. With respect to the intended boundaries of the Provinces, a blank is left in the Bill, in order that Your Lordship may, with the assistance of the Surveyor General who is now at 1 1 i II ( I Mi! i ffft ] IJH » :|^i li;| if )•! m n ; Mi 18 Quebec, consider of such a doscription of tlioso boundaries as may bo sulliciunlly ink'Uiyible Jiiul certain, so as to leave no room for future dillieultios on that subject. The division between tlie two Provinces is meant to be the same as is metitioned to Your Lordsliip in Lord Sydney's letter of :]i'd September, 17hh, with the alteration suggested by Your Lordship in your letter of 8th Novem- ber, 1788. There will, however, be a considerable difficulty in the mode of describing the boundary between the district of Upper Canada and the territories of the United States, as the adheriury to the line mentioned in the treatv with America would exclude the posts which are still in His Majesty's possession, and wliich the infraction of the treaty on the part of America has induced His Majesty to retain, while on the other hand, the iricluding them by express words within the limits to be established for the Province by an Act of the Ih-itish Parliament, would probably excite a considerable degree of resentment among the inhabitants of the United States, and might perhaps ])rovoke them to measures detrimental to our commercial interests. Possibly, the best solution for this difficulty might be to describe the upper district by some general words, such as, all the territories, ikc, tfec, possessed by and subject to His Majesty, and being to the west or south-west of tlio boundary line of Lower Canada, except such as arc in- cluded within the present boundaries of the Government of New Brunswick. In settling this point of the boundaries, it will also be a question whether the fishing settlement in Gaspe may not with advantaore be annexed to the Government of New Brunswick, rather than to be left as a part of that of Lower Canada, under the system now proposed to be established, particularly as the local circumstances of that district might render a representation of it, in an assembly at Quebec, extremely difficult, if not impracticable. The Legislature, in each of the two Provinces, is intended, as Your Lordship will observe from the draft of the Bill, to consist of Ilis Majesty, represented by his Governor or Lieutenant Governor, a Legislative Council, and a House of Assembly. flH, 19 oiinrlaries IS to loavo meant to in Lord iilt(M'ation I Novem- ty in tlio listrict of States, as saty with II in Ills the treaty to retain, >y express Provinee bly excite habitants 3 them to ght be to rds, such ubject to st of tlio s are in- i^ernment ilso be a mav not of New ^f Lower ablislied, ct might Quebec, ntendod, he Bill, ernor or I House It is intended to separate tho J-,ogi:4lativo from (he Exe- cutive Council, nnd to o-jve to tlie mi'inbcrs of the former a rii^ht to hold tlwir seats duriiiLj tlieir life and i;"ood be- haviour, provided tlioy do not reside out of the Province, or attach themselves by any oath of alleiriance or obernialioii, a paper deli- vered to me by Mr. Lvnibunicr, contaliiiiiLf a plan of repre- sentation for the rrovinco; but as far as I am at all enabled to form an opinion on tlie snbjeft, that plan aj»pt'ars to mo to bo liabl(i to on>;it objtcfion. 1 also transmit a jtlan for the same purport, iVamt'd by \ho. Uoanl of 'i'radc in IVdo. Tho next point to bo {'un>idercd is th<' <|ualilications of the electors and of tho persons to bo elected in each of tho Provinces. This is also in givnt measure a point of local detail, dejKMiding on th(( condition and circumstances of the ditb-rent classes of the inhal)itants of the J* »inee8, and on which His Maj<'sty's servants arc therefore desirous of receiving Your Lordshi})'s opinion. Tn the margin of tho Bill, which I now transmit, I have marked the suggestions which have been made to me on this subjeci, but 1 do not foel myself enabled, without further information, to form any satisfactory opinion upon tlu-m. The remaining clauses of the Uill do not seem to require much particular discussion in this letter; Your Lordship will observe by the twenty-seventh clause, that i^ is intended to continue all the existing lawS of the Provinc , until they shall be repealed or varied by the Legislatures of tho res- pective Provinces. An exception is, however, made, and there is a clause left in blank for the insertion of such commercial regulations, if any, Avhich it may bo thought expedient to introduce, as exceptions to tho Canadian laws, respecting property and civil rights, previous to investinix the Assemblv at Lower Canada with a rinfht to negative all future changes which may be proposed. This is a ])oint which is now under tho consideration of Ilis Majesty's Law servants, but as it is probable that I shall receive Your Lordship's answer to this despatch, before it may be necessary to come to a linal decision on this sub- ject, I shall bo glad to bo furnished with any suggestions which may occur to Your Lordship upon it, as lik'ely to conduce to the advancement and security of the commercial interests of this Kingdom, and that of the Provinces as connected with it. Tho clause enabling persons to commute the holding of their lands into free and common soccage is in conformity b2 22 to wlint Your Lordsliip lias rocr^mmcnrlod witli rospnrt to \\\(i ujiptT ital of tlio Province \v:iH nii'idc upon tlio most iimtiiro reflection. I then-fore tnisL that tlit; rdnovjil to it will iicltlicr have l)een so sud- den nor so unt'ore^em as to liav«! oceasioni'd any material imj)edinient to tJie dno course of tlw; admiiiiNt ration of Justice, as that is a circuinstanco which shoidd b(; parti- cularly i^Miardeil aLCaiiist. In conso(juenco of your represen- tation of the necessity of a small armed vessel heini,^ im- inc(liatelv huilt at Toronto, to he entirelv under the order of the Civd (Jovernor, tor the purpose you mention, you are hereby authorised to build and employ such a vessel, takiii!]^ care that the same is done in the most ecouomical manner. rilOrOSAL FOR RAISING A SUM TO AID IN CARRYING ON THE WAR, BY AN ACT OF TUE PROVINCIAL LEGISLATURE. (^Refused by General Prescott, 1798.) STATEMENT. (8ih June, 1798.) Upon the arrival of the intelligence respecting the voluntary gifts made in p]ngland to assist His Majesty in carrying on the present war, some of the leading mem- bers of the Uouse of Assembly, then sitting, conceived it highly proper to levy the sum of iJ20,00U sterling, cither by a tax on all goods, wares and merchandizes to be im- ported into the I'rovince during this year, or by some other tax, if that should be exceptionable, and to apply it as a voluntary gift to His Majesty from the Province, for the above purpose. Mr. Y'oung of the Executive Council, the Attorney General and Mr. Grant, were the members above alluded to, and it was proposed by them to present, with the Act for raising the above sum, an Address from the House of Assembly to His Majesty, both loyal and firm, declaratory of tlie attachment of the inhabitants of the Province to His Majesty's Government, their determination to defend it with their lives and propert)^, and their readi- lltt I ''1 1 24 ^ 'Ml ^ "ill! 'iV-' i j ness to tax themselves, whenever it might be necessary for the support of Great Britain, notwithstanding the Act 18 Geo. 111. cap. 12. Upon consulthig tlieir friends in t]ie House, tlic above members found the measure very practicable, but as they thought they ought not to proceed until they had made His Majesty's representative, General Prescott, acquainted with their intention, it was determined that the Attorney General should wait upon him for that purpose. The At- torney General accordingly waited on the General on the 2nd of May, told him what is above stated, the mode by which it was proposed to raise the above sum of £20,000, adding, however, that if thnf, mode was thought excep- tionable, they had no objection to adopt any other mode of levying the 'um, and that there being no tax of any weight existing in the country, except on wines and spirituous liquors, there was a great variety of objects, on which the proposed sum might be raised without the smallest difticulty, for that he and his friends were well convinced, that the measures intended, would be adopted by the House of Assembly, unanimously. The General answered, that the measure proposed was important, that he could not be supposed prepared to give an answer im- mediately, but would o;ive one in writincr, before 10 o'clock the next day. The same day, however, about 9 o'clock in the forenoon, Mr, Ryland, the Governor's Secretary, called on the Attorney General, with the following verbal mes- sage from His Excellency. " The Governor has considered the proposition you made to him this morning of raising £20,000 by an Act of the Provincial Parliament, to be applied to the service of Great Britain, and he has desired me to i.iform you ho does not think it expedient to encourage the measure." \' 25 made of the Great )es not MEMORIAL TO THE DUKE OF PORTLAND, BY SIX MEMBERS OF COUNCIL. To the High and Mif/Ji(i/ Prince William Henry, Duke of Portland, Jfimjuls of Titchfidd, Chanecllor of the Universitn of Oxford, Lord Li.eutcmnit and Custos Rotulorum of the Count i/ of No'ttinn- hxnn, Kniqlit Companion of the Most Noble Order of the Garter, one of His Majestfs Principal Secretaries of Slate, ^-c, (tc, Sfc. THE MEMORIAL OF THE UNDERSIGXED MEMBERS OF THE EXECUTIVE COUNCIL OF HIS MAJESTY'S PRO- VINCE OF LO^yER CANADA. Most respectfully Siiewetii : — That in obedience to an order of reference from His Excel- lency the Governor of this Province, respecting- tlie waste lands of the Crown, a Committee of the whole Conncil made their unanimous Report, hearing* date the 20th June last.' That a second order of reference being- made to the said Commiltee on the same subject, they delivered a second Report, bearing date the 9th day of August last. That on the 20th of September last a Council was held, at which His P2\ccllency laid the said second Report before the Board, with the remarks he had made thereon in writ- ing, which were referred to their consideration in a paper, the tenor whereof is stated in the appendix to this memo- rial, marked with the letter A.* That to their great surprise and regret, the Board, having observed that a pamphlet had been pubHshed in the City of Quebec, entitled, '' Extract from the minutes of Council, " containing His Majesty's late regulations relative to the " waste lands of the CroAvn, with Hi", Excellency the " Governor General's reference respecting the same, to " a Committee of the whole Council of the Province of " Lower Canada, the said Committee's report thereon, and " His Excellency's speech in reply," authenticated by a certificate from the acting Clerk of the Council, a copy whereof, marked with the letter B, accompanies this me- morial, they thought it their duty to make to His Excel- lency the answer contained in the appendix marked with the letter C. ♦ The clooumcnts alluded to arc not in tho publisher's possession. R. C. i,!i! 41 ' iiiull 1 26 That iindiug the remarks made by His Excellency on their iirst and second lieports, contained many imputatioiis injurious to their character, thoy felt themselves under the necessity of framing an address to ilis Excellency, a copy whereof, marked with the letter ]>, is hereunto annexed. That on Tuesday last, the 23rd of October, a lioard of Coun(!ii was held, at which tlie Collectors' accounts were passed, when the acting Clerk of the Council made an apology for not having been able to transcribe the ])roceed- ings ])ending respecting land matters, and his excuse being admitted by His Excellency, nothing further was said on the subject. That to their very great astonislmient a second publica- tion took place on Tuesday last, entitled, " a continuation " of the extract of the 11th of -lune," purporting to be authenticated by the acting Clerk of the Council, a copy whereof, marked with the letter E, accompanies this memo- rial. This pamphlet, in page 53, contains His Excellency's final orders on the subject which has not yet been made in Council, and whicli each of the undersigned do most solemnly aver was unknown to them, until they were first apprized thereof by the said pamphlet. That u]>on comparing the Council Book, since the pub- licf.'tion alluded to, with the original documents delivered in with the Report, they find that the same is incorrect, that the entries in the Council Book are incomplete, and in particular that the answer of the Board already referred to, marked with the letter C, is altogether omitted, and the passage underlined in page 53 is introduced in its stead. That independently of the scandal of making these matters public, which to this day have not been communi- cated to His Majesty's Executive Council, the Council Book and pamphlet contain a false suggestion by stating that the Chief Justice, in the name and on the behalf of the members present, advised that the same be entered, inasmuch as the question was not discussed or even men- tioned at the Board — the paper marked A was communi- cated, to which the written answer marked C was given in, since which nothing further has passed on the subject. Finally, that the undersigned are deeply afliicted at being constrained to represent to Your Grace, proceedings so il'.:- If cellency on niputatioiis s inidor the icy, u copy aunexed. a l^oard of loiints were I made an he proceed- icuse being vas said on nd publica- ontiiiuatio" •tin 2* to be icil, a copy tiiis memo- ixcellcncy's been made d do most V were first e tlie pub- delivered incorrect, iplete, and :lv referred d, and the ts stead. :ing tliese communi- 3 Council by stating 3 behalf of )c entered, even men- communi- s given in, le subject, d at being ;edings so 1 27 injurious to themselves, and so disreputable to orderly ofovcrnmont, and thc.efore thev implore such relief as through Your (liacci's mediation, His Majesty may be gra- ciously pleased to bestow. Quebec, 27th October, 1V98. (Sigucd,) WM. OSGOODE, J. CiUEBEC, HUGH FINLAY, FRANCIS ]iABY, THOIuAS DL'NN, JOHN YOUNG. MEMORIAL TO THE DUKE OF PORTLAND, BY MEMBERS OF THE EXECUTIVE COUNCIL OF LOWER CANADA, COMPLAINING OF GOVERNOR PliESCOTT. To the High and Might i/ Prince William Henri/, Duke of Portland, Marquis of I'itchjield, Chancellor of the University of Oxford, Lord Lieutenant and Cantos Rotuloruni of the County of Notting- ham, Knight Companion of the Most Noble Order of the Garter, one of His Majestfs Principal Secretaries of State, Sfc, ^-c, Sfc. THE MEMORIAL OF THE UNDERSIGNED MEMBERS OF THE EXECUTIVE COUNCIL OF HIS MAJESTYS PRO- VINCE OF LOWER CANADA. Most respectfully Siiewetii : — That with the utmost reluctance they are again com- pelled to address Your Grace on the repeated grievances they continue to sutler in the discharge of their duty to His Majesty. That by an entry in the Council Books, bearing date the 22nd day of December last, a copy whereof is hereunto subjoined, marked witli the letter A, Your Grace may observe, that llis Excellency the Governor of this Provinee. not only assumes to himself an arbitrary poAver with which the undersigned humbly conceive he is not vested, but that he has also thought proper to bring forwaid vague and general charges against His Majesty's Executive Council, of a nature so heinous that had they been urged by any ! 1 28 ( : i ,j; « M m: ■ii; ii''^ii'' fe i ill Hi private individual, would have rendered him amenable to the Courts of Criminal Jurisdiction. That the members of His Majesty's Executive Council of this Province having already been charged in the Council Books, and printed pamphlets, Avith deceitfLdness and false- liood, Your (Jrace may perceive they now stand accused in the Council Books, and in all probability, before this res- pectful memorial shall be presented to Your Grace, they will be accused in printed pamphlets of a conduct amount- ing by fair construction, as tliey apprehend, to a charge of foul practices, corrupt motives, and dishonesty. That although they have tliouglit it their duty, in vin- dication of their privileges, to submit to His Excellency certain observations, a copy whereof, marked with the let- ter ]3, is hereunto subjoined, and which at present His Excellency reserves to determine whether they shall or shall not bo entered on the minutes ; yet they have refrained from noticing the charges by which their integrity is ar- raigned, under the firm persuasion that their disavowal would not be recorded, or that it would subject them to an accumulation of repeated contumely. That when it is observed by Your Grace, that the parties involved in this chargj are persons supposed to have been selected by His Majesty on account of their probity and experience, to assist his representative with their counsel, and that it includes both those who are called to superin- tend the spiritual concerns, and ti;ose who are entrusted with the administration of justice to IIis Majesty's subjects in this Province, Your Grace will certainly deem it neces- sary that so heavy an accusation should forthwith be sup- ported or repelled. Tl.at should Youi Grace be of opinion there is even a shadow of suspicion against the Executive Council, the nndersigned most h imbly and anxiously request that His Majesty will graciously be pleased ""o direct such enquiry to be instituted into their conduct, as in his Koyal wisdom may seem meet ; but should the accusation in Your Grace's judgment appear to be groundless, the earnest entreaty of the undersigned is, that through Your Grace's mediation, His Majesty may be graciously pleased to give them effec- tual relief against the continuance of such intolerable )"%Si 29 amenable to '0, Council of tlie Council iss and lalse- 1 accused in 'ore tliis res- Grace, tliey uct amount- a charge of nty, in vin- Excellency vitli the let- present His hall or shall e refrained grity is ar- ' disavowal them to an the parties have been obity and r counsel, to superin- entrusted 5 subjects n it neces- be sup- 1 is even a uicil, the that His aquiry to wisdom |ir Grace's itreaty of mediation, em effec- itolerablo calumny, and, in vindication of their character tD posterity, to order this their respectful memorial to bo inserted in tlio Books of the Executive Council. Quebec, 9tli January, 17()U. (Signed,) WM. OSGOODE, J. (iUEBEC. HUGH FINLAY. F. BABY. I'HOMAS DUNN. JOHN YOUNG. APPENDIX (A.) EXTRACT FROM THE MINUTES OF COUNCIL OF 22.'d DECEMBER, 1798. Upon reading the minute of the former proceedings, it being observed that the written answer given in by the Board on the 22nd of September last, to the written paper referred to them by His Excellency, on the 20tli of Sep- tember, is omitted. The Chief Justice, in the name of the members assembled at the said Board, humbly moves His Excellency that the said written answer bo inserted in the minutes. His Excellency observed in reply that he could not for his own part discover any good purpose that could be answered by entering the paper alluded to in the motion. He )iad indeed conceived that the intemperate manner in which it was drawn up, (even were there nothing else,) would have prevented any member of His Majesty's Coun- cil from wishing to see it on the records of the Board. The paper alluded to did not perfectly correspond with the definition contained in the prefatory part of the mo- tion. No written paper had been referred by His Excel- lency on the 20th of September last, for an answer on the part of the Board, in the manner which the prefatory part of the motion would seem to imply. The only thing that was on that day submitted by llis Excellency for the con- sideration of the Board, was whether, after what he had ii {->i 30 -fi i' 1^1 expressly (lechirod in tlio miinito, it was tlio opinion of the Ijo.'irI, llint the lleport of the Coinniittce of tlic Otli of August, and the (jlovornor's remarks thereon should he put on a special tile to he ojnni only to the (Jovernor and the mend)ers of the Council, or to be entered in the. IJooks Avliieh, by an old order of the Board ])erfeetly conformable to His Majesty's Royal Instructions, were declared to bo open for the information of all persons concerned. Uad llis Excellency been a])prized that such a motion was intended to be made he would have been more fully prepared on the occasion. It happened, however, that lie liail in his pocket the paper alluded to; together likewise with a brief memorandum of some of the reflections that had occurred to his mind on his reading it in September last, and by which he was then induced not to direct it to be entered with the rest of the proceedings. The gentleman who brought forward the motion Lad fallen into a great mistake in that part of his introductory observations wherein he supposed that the Governor had dei>arted from an cstabbshed ])ractice, and liad exercised an unauthorized and unusual discretion in omitting to direct the entering of the paper alluded to. Had the hon- orable gentleman taken the trouble to inform himself, ho would have found that the Governors of this Province (and probably of His Majesty's other Provinces also) had always, at least whenever they thought proper, exercised the sole power of directing what papers should or should not bo entered on the minutes. He migh^ easily have found in- stances in Avhicli Reports that the members had been called upon to draw up, liad been laid before the Board, and ordered at once to be put on the tiles, without submitting to the consideration of the Board, whether they should or should not be entered ; and His Excellency cannot but think it exceedingly probable that the ]3oard may hereafter consider the motion whicli the lionorable gentleman brought forward on the 9th of July last for preventing the same steps from being followed in the late instances, not to have been vrell judged. So much of the paper alluded to in the present motion, as contained the answer to the question submitted to the consideration of the Board, had been entered. Further than this His Excellency liad not )ti-^;f 31 linion of the r tliG Otli of I ion Id 1)0 put nor and the » tile 15ooks c'<)nforniablc clarod to bo lod. ■li a motion more fully ver, that ]io lier likewise octions tliat . September direct it to motion had ntroductory >vernor liad d exercised omitting to id the hon- himself, he ovince (and liad always, ed tlie sole uld not bo found in- been called 3oard, and submitting should or annot but y hereafter gentleman entinof the ances, not er alluded rer to the 5oard, had liad not conceived to be ei;her necessary or proper, particularly as it appeared to him to be morii likely to increase that dis- esteem in which the proceedinujs of the P>oard were then already held than to remove it. His Kxcelleney was tlic niean- ;onstruetion ernnient of ceedings of ce. ited (mean- nstructions) b/, witliout fallacious in efeat every tided. The lie 20th Ar- )f the Com- inciple on hypotheti- dating the nstriictions ion of the , and that ■ the State :>en to the hich it is tted, they le conclu- no means croiis pre- d be open the entries iive to the thereto, sness and with the 11 9 matters of State would be evident to every body ; and Tor this very reason were they entered in separate books. If any doubt could be ont(M'tained, wln'ther the books containing tin; entries of the proceedings ri'lative to the granting of the waste lands were or were not intended by the Executive (Government of this Province to be open for the information and satisfaction of all parties concerned, such doubt would be at once cleared up by the entry con- tained in the minutes of the 21st of January, 1 793, ordering an advertisement to l>e published (and which was accord- ingly published) in the (Jazelte, under the signature of the Clerk of the Board, in the following words : " Council Office, Lower Canada, "21s« January, 1Y03. " Final orders remaining to be taken by His Excellency " the Governor, and the Executive Council, for reasons " inserted in the minutes of the Board upon certain peti- " tions for grants of parcels of the waste lands of the Crown, " all petitioners for lands in this Province are hereby " notified that the minutes are open for daily inspection, " between the hours of ten and three^ It is perfectly evident from the above mentioned adver- tisement, as well as from the actual practice which prevailed both before and after, of giving copies of the entries to su(di as desired them, that tlie records of the proceedings relative to the granting of the waste lands were considered in the same light as other public records, open for the information and satisfaction of all persons concerned. If any Reports or other papers appeared improper or unneces- sary to be generally known, they were at that time put on the files, without being entered on the minutes. At that time, although the proceedings were not indeed entirely free from accidental irregularities and temporary mistakes, and although the system of proceeding was not perfectly digested, yet there appears to have been a fairness and uprightness of intention. It is much to be lamented that fairness and uprightness should have ever given place to a contrary disposition. But the truth is, that after a number of the old applicants and their associates had, in consequence C': \m i i. ; li ■'^M\ I ' ■'■:!!.l! 1 34 of thn (•npournc^oment cjivon tliom by tlio Exocutivo Gov- oniiiuiiit for tliiit purpose, cmbarkod tlioir labour niul proj)C!rty in tho scttlcmoiit and cultivation of tbo to\v!i8hi|>s they i^titionc'd for, and had tlie this as it niny, tlie (rovernor is unable to trace the exis- tencc of such o >jections further back than the last men- tioned j)eriod : and should such bo the cause from whence they orio-inated, it is indispensably necessary for the preser- vation of the sacred Imior, diccnity and good faith of His Majesty's Government, that such ]>retended objections should bo resisted with firmness and inflexibility. Whatever impropriety there might or might not bo in the parties having caused the late proceedings to be printed, it was owing altogether to their being entered on tho min- utes, which wore declared by a public advertisement from tho Council OtTice to bo open to all persons concerned. If the Board did not choose that those proceedings should be gonerall}' known, it was preposterous in them to advise, contrary to ti:e express desire of the Governor, that they should be entered on the records wliich had been so pub- licly declared by the Executive Government to bo open for tho information of all parties interested. No reproach can on that account attach to His Majesty's Government : on the contrary, tlie honor and good faith of nis Majesty's Government must thereby become more conspicuous. Any disgrace that can in possibility attend it, can extend no further than merely to such individuals (if any such there be) who might be disposed to trifle with His Majesty's sacred honor and good faith, by resolving and rescindintj those resolves at pleasure, to the ruin of the parties that had confided in them, and had embarked their labour and property in that confidence. 36 corn five Gov- I.'ilioiir and lio townnliips i(!r, that tliey )eGn so pub- to be open lis Majesty's ^ood faith of scome more bility attend 1 individuals to trifle with by resolving the ruin of id embarked It is painful to observe, amoncf otlu^ tilings, that some (allhoiigh i( is willingly hoped not m:iny) of the genth'- mcn who an; d<'>ii'ous ot' having it suj»puse'd that tin y are greatly concerned for tin' honor and interest of His Majes- ty's (Tovernment, and that their advice is salutary, and ought always to be adhered to, have in some instances, either with or without mature consideration (even in the same Ccjmmittees, and the sam<' days) drawn up and signed different ]te])orts, diametrically contrary the one to the other, upon matters that were as unalterably and insepa- rably connected with each other as the s%tn and the light are connected ; and have afterwards advised their (jover- nor to confirm both the one and the other of those contra- dictory licjtorts. Although the (Governor cannot admire Ihe epithets ('•.sr«/u/('^'^6'" and "rZ/V/n/ayW/"') made use of in the paper beibre liim, yet he cannot <'onsi(ler such ])ro- ceedings as these to be very honorable^ nor can he very readily admit those who were the most immediatelv con- cernecl in making such Reports, and giving such advice, could in reality feel so much concern for the honor and interest of His Majesty's (iovernnient as might be wished. It might perhaps be a desirable thing that such incon- sistent ])roceedings should not be exposed, if it could by any rational means be avoided ; but it is utterly impossible to avoid it by any ways or means whatever, either r«//o??a/ or irrational. Even were the records to be shut against the a])plicants, in violation of the solemn order heretofore ])ublishe(l by the Executive Government, sucli a measure (derogatory as it would evidently be to every pi'inciple of honor and public faith) could have no eflect towards pre- venting the abovementioncd proceedings from being known. They are in fact known already, and have been known for several years. They were read with astonishment several liundred miles from this Province, within a very few months after they took place, (particularly those that were laid before the Board from August, 1705, to January, 1*790,) and they still continue to be read, although perhaps Avith somewhat less astonishment than at the first. Any Governmental measures, therefore, for preventing the former proceedino-s from being known, could only reflect dishonor on the MG H i *"-> 36 1 1 1 ' I 11 1 !i: •1^ ; I ■ n -r ; j :■ 1 n Uovornmont, without fiiis\v(Minpf any other oiid nr jiiirposc whats()<'v»'r. Tho Governor was dosirou.s tli;it tlio orrora into wliich tho ('omniittrc had run in tlu-ir late report slioiild not bo exposed ; and ho tliercfore projxi^rd the ])Uttinij of tin? licport and his remarks thereon upon a special file, as defined in tho minute. Tho memhers disa|)i)rovo of Ids ])r<)posal and advi«(! that tho same be entered ; let them, therefore, be entered on tho records of tho Board : tho distinction pretendetl to bo made between tho terms "f'u/t';vYZ" and ^^ entered of reeord^^'' if such a distinction ran have any meanini; at all, it cannot be a £jood one. A (Jovernor is not to be dictated to with imperiousness upon insifjnilicant and unmeaninr,^ therein contained, would reflect additional dishonor on the proceedings of the Council. This is certainly best to bo avoided, as far as it can bo done without breaking fhrouirh tho rules heretofore established by the Executive Government. It will be fully suflicient (and mucli more indeed than might have been wished) to express in the minute the advice of the lioard in general terms, that the Report of the Committee and the Governor's remarks thereon be so entered. The advice having been (....uvercd by the Chief Justice, in the name and on the behalf of the members present, let the minute conclude as follows : " Ilis Excellency then laid the Report, together with the " remarks he had made thereon in writing, before the " Board, which being read and considered, the Chief Jus- tice, in the name and on the behalf of the members pre- sent, advised that the same be entered ; and His Excel- lency, having given his word in manner before mentioned, ordered the same be entered of record accordingly." A true extract, (Signed,) THOS. GARY, A, a Ex. a y f 1 '5:' i X 'lid or purpose rs into wliidi slioiild not 1)0 mttini,^ of tlio j>o('i;il iil«', as j)provo of his •cd ; l(.'t tht'in, Board : tlio r>n tlio terms a distinction nfQod ono. A •iousncss upon ce, containing 'casion, to be x'lato manner icons ])osition3 1 dislionor on lainly best to lout breakine: the Executive I much more xpress in the rms, that the lior's remarks I^liief Justice, ibers present, I'tlierwith the I,, before the le Chief Jus- Incmbers pre- II His Excel- re mentioned, dingly." .RY, y AriMCXDlX (U.) The minutes of the proeecvliiin-s of tlie hast Council beinj^ read, it ap^x'ars to tlte members ' >' the I{(»ard that tho observations stated to liavo been made l»y His Kxccliency in r«'ply, uro in thfir nianner somewhat irreguhir, and iu tiK'ir matter not entirely founded. Tho lioanl appreliend it to be irreofular to make written conmiciils on anv observations orally delivered by ft mend>er siltiiiLi; iu his place. For this obvious reason, because the minutes are framed to the intent of conveyinfj authentic nnd unipiestionable information to His Majesty of tho pro- coedinufs of his Executive Council. ]Jnt without referenco to the" present case, verbal ob ervations are liable to bo misconceived by His Majesty's representative, or to bo denied by the party to whom thc^y are im[)Uted, whereas writtn, by a master well qualified for the task he has undertaken. 1 would wish to suggest the expediency of insuring the continuance of this advantage, (which has not hitherto been duly appreciated,) by some mark of the protection of Government. But it is not only "'ood Grammar Schools, for the education of such you. ^ men as are designed for the learned professions, or who, from their rank in society may hereafter till situations of great political importance in the Province, that are wan^^ed, — a more humble, but a not less important branch of the community, seems to call also for Your Excellency's benevolent attention. It is well known that the lower orders of the people in this Province are, for the most part deplorably ignorant; that the very slender portion of instruction which their children obtain, is almost entirely confined, amongst those who do not live in the towns, to the girls alone ; and more especially, it is notorious that they have hitherto made no progress towards the attainment of the language of the country under whose government they have the happiness to live. This total ignorance of the English language, on the part of the Canadians, draws a distinct line of demarcation between tliein and Ilis ^lajesty's British subjects in this Province, injurious to the welfare and happiness of both ; and continues to divide into two separate people, those who - 40 iir " I P* by their situation, tlieir common interests, and their equal participation of the same laws, and the same forai of government, should naturally form but one. If the evils are confessedly great which arise from this want of community of language, it should seem expedient to endeavour to provide an immediate remedy for the defect, and it should also seem, that this can only be done, by facilitating, as much as possible, the means of acquiring the English lanjruafre to the children of the Canadians. The plan which I would beg leave to submit for thia purpose, is simple, and I trust practicable ; its aim may appear to be humble, but its effects, I am persuaded, would be in a high degree beneficial and important. It is briefly this : — that a certain number of English school masters, to be liereafter determined, should be employed, and paid by Government, — that one of these should be placed in each of the cities and towns, and in the most considerable villages, for the purpose, and under the express obligation of teaching the English language gratis^ to a certain num- ber of the Canadian children ; and writing and arithmetic, when required, at an easy rate : that Trustees, or com* missioners should be appointed, to manage the fund which Government, in its bounty, may see fit to appropriate to this end, — to determine the number of masters that may be requisite, their respective salaries, and the number of children they shall respectively teach, f/ratis ; to fix the rate at which writing and arithmetic shall be tauglit, dx,., and to have the power of removing the masters for incapacity or neglect of duty, and of promoting them successively to the more lucrative situations, for able and meritorious conduct. I v/ould barely hint,-by way of a leading idea upon this subject, that the salaries might perhaps extend from .£20 to £60 per annum, according to the number of inhabitants in the village, town, or city in which the teacher should bo placed ; and that it might, perhaps, not improperly be a condition, that he who received a payment of £20 should be obliged to teach English r/rr/i/s to ten Canadian children, he who received £30, to fifteen children, and so in pro- portion. The importance and extent of this subject demand, I am well aware, more local information, and better judgment 41 their equal no fonn of ;e from this n (?xpedient r the defect, )e done, by cquiriiig the ians. mit for thia its aim may laded, would It is briefiy 1 masters, to and paid by ced in each considerable ss obligation certain num- I arithmetic, fees, or com* fund Avhich propriato to s that may number of IX the rate it, 6,669 Dans St. Sulpice, eu bled, 1167 minots a 5frs. 16s 6,760 12 Au Lae, en bled, 283 minots a 5fr3. 16s 1,641 8 Total dci, "Rentes et des Lod 3 66,178 6 Jfouliiis. Deux au Sault aux Rccollets. . . . 2463 miuota. Uu k Laehinc 1235 Deux dans St. Sulpice 1981 UnauLae 234 " Trois Moulins a Vent 393 " Total du bled des moulina. 6306 minots a Sfrs. . 31,530 Total du revenu des rentes et casuels eu 1798.. 97,708 6 1799. Rentes et Lods. Dans la ville de Montreal Dans les fanxbourgs ]3ans les villages de I'Isle Dans risle de Montreal, en argent Dans St. Sulpice, en argent Au Lae, on argent Dans rii^le, en bled, 1090 minots a 5frs Dans St. Sulpice, en bled, 1360 minots a 5frs.. . Au Lac, en bled, 342 minots a 5frs Total des Rentes et d^s Lods. 15,406 3 1 8,948 19 " 1,526 32,725 19 6,184 14 1,709 14 5,495 6,800 1,710 80.506 9 Motdins. Deux au Sault au Recollets 2737 minots. Un a Lachine 822 " Deux daus St. Sulpice 1787 " L^u au Lae 2 15 " Trois Moulins d Vent. 634 " 30,863 5 Total du bled des moulins. 6235 minots A 4frs 19s Total des rentes et casuel des seigneurics en 1799, 111,369 14 Y\ 1 ; ! f !] m ■it:' i M il f^ u frs. 8. En 1792 l:i rccette fut de... . C3,03i 9 En 170:; cllo flit (le 92,420 En not cllc flit do 70,087 18 Co qui fait cu compuraut cos huit ann''c:5 cnscnibli.-, (jnviron 90,000 frs. par an. Cet I'tat du revenu anmicl du Seniinaire pcut etre nppuyc par lo calciil ((iii suit : Le dciix Aout, 1781, le Seminairo de Montreal presenta son aveu tt deuomhremcnt pardevaut Son Mxt'elleneo M. llaldiniand. l/aiig- meutation dans los rentes, doj)uis cctto opoque no saurait produiro unc erreur remarquablc. Or voioi la toncur dc cct aete autlieutique: llcntes. Argent da Canada' frs. s, Dans la ville do Montri'al 454 16 Dans los villages do I'lslo, La Pointo Claire 207 3 La Pointo aux Trembles 19 17 La Riviere dos Prairies.... 9 Le Hault au llecoUets 1-15 12 St. Laurent G 1 Dans le village de I'A.ssomption 47 G Dans risle de Montreal, en argent. 3,158 2 Dans St. Sulpiee, en argent 1,149 Au Lac, en argent , 218 8 Dans risle en bled 2035^ \ ^^^j . Dans St. Sulpiee, " 181^^ h minunaut(''ri rcligicuses dv la ville, trois protres prosqu'entit^renient occnpes pour dies. 2o. En reparation!^ extraordinaires dans les butiments, moulins, ttc. KUesi out ettj Tun dans I'autre, chaque annt'o de 22,000 So. En un arpenteur, residant a la procure du Seminaire pour les plans, et livres terriers, par au 7,200 4o. Pour les voyages, et hnbillomeuts a rarrivoe do 17 pretres emigres, vcnus d'Euroj)e pom* le Seminaire de Montreal. 5o. Pour la nourriture et eutretien de treize pretres demcurants au Seminaire ; pour soigner daus leurs maladies et infirmit^s les vingt-deux pretres, qui ap- partionuent au Seminaire; pour leurs voyages orcli- naircs. Go. Pour loger et nourrir gratuitement, avec lexirs gens et leurs chevaux, tous les pretres etrangers qui, ve- nant a Montreal, veulent prendre leur logement an Seminaire. 7o. Pour les reparations ordinaires dans un grand nom- bre de biUimisnts, maipons, granges, moulins. 8o. Pour une foule d'affaires litigieuses, qu'amdnent les droits seignouriaux. On sent que le revenu mentionno ne saurait suffire A taut de charges. Au«si le Seminaire a-t-il oontract6 er.viron quiuze cents louis de dettes, qui seront payf^es en diminuant les reparations extraordinaires, et sur- tout par le rapport du moulin qu'on acheve de con- struire. C'est ]i0ur ce moulin que la dette a ete con- tractoe. NoTK 2. — Au tableaii des cinq an.iecs ei-dessiis, on pcut,joinclrelcr<5sultat des trois uuuOes prec6dentes, pour avoir dans les cours do liuit anuees uu moycn d'estiiuer plus suromor.t le revomi du Seuiiuaire, ann6e commune: NoTU. 3— Quoi(iu'ou u'ait pas doraandd- quel est Ic revenu annuel des (lo- mainoa du Seminaire, on peut observer qu'il est, arm6e commune, depuis «iiuq aus, de 3,000frs. c2 -I ill [! I i m Cnnadions. 4($ Au rest* toutes les fois qii'ii la fin de I'ann^^e la rdoette suijuisso ladt'-potiso, il o.st dc riif^h; jui Soniinairo, que ce HurpluH soit cniploy*'; eu bonnes ipuvrcs. Et cct article sera toujours hvlt'lemont cxt'cutr. Oil demaiulc So. Lo nombro des Sulpicicns, lours noms et lour pays natal, &c. L(i Suiriinairc o»t compose do vingt-doux Sulpicicns, ?avoir: 1. iJean Henri Aiigustc Iloux, ue en France, arrive en Canada en 2. Claude Poncin, Fran^ais, en Canada avant la conqu^te. 8. Jean Jiaptiste Mareliaud, 4. Joseph Pierre Borueuf, 6. MichelLeelerc, 6. Louis Amable Hubert, 7. Jeau Andre Guillimin, 8. Jeau-Paptiste Charles Pedard, J 9. Candide Michel LeSaulnier, Franeais, arrive on Canada on 1793. 10. Jean-Paptiste Jacques Chicoiueau, Fran^ais, ari'iv6 en Canada en 1796. 11. Antoine Alexis Molin Frangais ' 12. Claude Riviere Frau^ais 13. Francois Hubert Frau^ais 14. Anthelme Malard Frauyais 15. Jeau-Baptiste Thavenct Fraucais 16. Melehior Saiivagc Francais 17. Antuine Sattin." Francais 18. Gme. Marie de Garnier des Garets Francais 19. Charles Bonaventure Jaoiien Frauyais a • x n 20. Jacques Guillaume Roque Frangais [ ^'""^'^^ T^)^^^^' 21. Antoine Houdet Francais ) "^ ""^ ^^'^^• 22. Antoine GaifFe, P'ranyais, arrive en Canada en 1798. On demandc 4o. Quelles sont les cliarges ou offices du Scminaire : et par qui ils sont occupcs. Avant d'entrer dans le detail des offices du Seminaire, il est bon d'observer qu'aucun des pretros du Seminaire n'a droit sur les revenus de la maison. Tons, sans exception, sent entretenus lionnetement, suivant la simplicite de leur etat, mais sans aucune espece de retribution. Le Seminaiie' n'a jamais varie sur ce point important de la regie. lo. II y aun Superieur du Seminaire, qui a la principale part dans le gouvernement de la maison, il a quelques legeres lumonov^ a sa disposition ; et il en rend compte au conseil pi'ive, dont il sera parle, il ne pout rien faire d'im- portant sans ce conseil. II est elu pour cinq ans, au bout desquels le conseil des douze s'assemble pour le continuer ou pour lui donner un successeur. Arrives on Cana- da en 1794. 1 m 47 te lie ct leurs noms IB, FRvoir : CQ Canada en :iu^te. xnnda en 1793. v6 eu Canada rives en Cana- :1a en 1794. riv^s en Cana- la en 1796. 8. 1 offices du Seminaire, minaire n'a exception, ^ite do leur 3 Seminaire' gle.^ I principale a quelques oompte an faire d'im- is, an bont cont inner I 2o. II y a un oonseil, compose do douze, preside par le Siiporic'ur. Lcs nioiabros sotit perprtuols. Co conscil ne s'ns- S'.'iiiMc! (pie pour noMnier le Superieiir, los niembres du dit oonst'il, et oeux du coiiscil prive. On le convoque qnelqne- fois pour des affaires extraordinaircnient iniportantes. .'3o. II y a nn conseil prive compose de quatre pretres, preside par le Suj)eri('ur ; ces conseillers sont perpetnels. Tout eil se decide a la pluralite des voix ; toutes les atVaires importantes y sont traitees ; tons les comptes des adrniuistrateurs de la mai.son y sont rendns ; toutes les char£^es ou offices du Seminaire y sont nommees. Tons ces offices (amovibles cliaqnc annee) sont comma il suit : 4o. II y a nn pretre de la maison, nommo pour etro Pro- cureur, sa fonction est de recev<^i: les rentes, lods et autres droits seio-ncuriaux ; il est charge de tons les papiers, d'in- trevenir dans tons les contrats et dans toutes les affaires 11- tigieuses. II rend cliaque annee ses comptes an Superieur, qui les presente an conseil prive. 50. II y a un economc qui a la regie des moulins, 6zc. II est charge de tonte la depense de la maison, excepto cello qui concerne les droits seigneuriaux ; il recoit du Pro- cureur I'argent necessaire a la depense. Go. II y a nn euro, qui a plus particuliorement le soin de la paroisse do Montreal. 7o. II y a nn pretre nommo pour chaque commnnauto religieuse. II y en a un pour les militaires catholiqnes; et nn autre pour les malades de I'hopital, ec pour les prison- niers. «8o. Tous les pretres qui demeurent au Seminaire s'em- ployent au service de la paroisse de Montreal. II est de notoriete pnblique, qu'ils menent tous une vie tres retn-ee )et tres laborieuse. 9o. Cinq pretres demeurent au college de Montreal pour ,.il'education de la jeunesse. lOo. II y a ordinairement trois pretres residant au Lac ides Deux Montagues, pour la mission des sauvages Iroquois *et Algonquins. Depnis le mois de novembre, 1*799, il n'y 'a que deux pretres a cette mission. llo. II y en a deux qui desservent des cures; I'un celle tde I'Assomption, pres le Detroit, I'autre celie de St, Benoit Jpres du Lac des Deux Montagues, ^m 1,1' r i; l|i li T 48 12o. II rcste treizo prMres au SL'minairo, pniini ciix sont qii('l(juc.s iiiiliiiica ct un vicillanl. C'cst do cc iiciiibro quo I'on tiro coux qu'on eiivoyo do tcnis en tems pour jiidor Ics euros voisin^i <|ui out besoin do sooours, ot pour fairo, u la deinaudo do rc'ViTjUO, quobpio mission extraordinaire, telle quo la mission do Kinn^stou. Cos divers oflioos sont occupes commo il suit : Le Superieur est M. Koux ; il a 6tu olu a runanimii.c,le 23 Octobrc, 1708. Les menibr(?s du conseil dos douze sont, dans la listo, les douzo ])iemiors apros M. Roux Les membrcs du conseil privo, sont MM. Poncin, Guillimin, Bovneuf, Losaulnior. Le I'rocureur est M. Borneuf, M. IJedard, supploant. L'Economo est M. Molin. Le Cure est M. Losaulnior. Le? pretros qui sont au college, sont !MM. Chicoineau, Principal, Riviere, DesGarets, Iloudet, Gai'ffe. Les pretres qui sont au Lac des Deux Montagues sont MM. Loclorc, superieure, Malard. M. Marcband dessert la cure de I'Assomption, du Detroit ; et M. Sauvage cello de St. Benoit. A Montreal, CO 19 fovrier, 1800. (Signe,) ROUX, Sup. du Seminaire. !: ^'^ \\n llii :t* ^m EXTRACT OF ADESPATCH, DATED oth APRIL, 1800, FROM LIEUT. GOVERNOR MILNES, TO HIS GRACE TPIE DUKE OF PORTLAND. " In the month of October last, I received a letter (of which I enclose a copy,) from the Lord Bishop of Quebec, containing His Lordship's sentiments relative to the means of improving the state of education in this Province. This I submitted to a Committee of the whole Council, who reported upon it as follo\\ : " that having taken into con- sideration the paper referred, and being duly apprized of its important tendency to promote the welfare of the Pro- vince, the Committee do most seriously recommend that the plan suggested be adopted." m..^ ^timaitmmmmmmtm ■§— ■>■ 49 paiini ciix sont je iK^mbrc quo pour Jiidcr los )Our iairo, it l;i Lordinaire, tollc ■.uit : nanimilc>,le 20 ns la listo, les iciu, Guillimin, ppleant. 1. Chicolneau, Eiiffo. gnes sont MM. 1, du Detroit ; ROUX, du Seminairc. L, 1800, FROM !E THE DUKE I a letter (of ip of Quebec, to the means ovince. This /ouncil, who ken into con- apprized of of the Pro- lend that the In ord.;r to facilitate the adoption of any j.lan which evenluaiiv may be deteriuinod upon, it has occurrccl ti> uio that a pt")rti«>n lA' the waste lands, should His Majesty bo gracJously l>h'asod to allow of such a grant, might be apitroprlated to the purpose of making the necessary lund both fur the establislnnent of (iranimar Schools, anil likewise; for tlie fouuriatiou of a Colh'ge at (Quebec, in addition to whatever may bo reserved from the Jesuits' ]^]states. Such a measure would not only tend to increase the poi)ularity of His Majesty's Government, but also be higli!} h.'neli'cial both in a political and moral ligiit, and espv'ciallv as a means of encouraging the Knglish language thr.>ughout t!ie Province, which, as the Lord IVishop most justly remarks, has, as yet, made little or no progress among the Canadians ; so little that there are but one or two luiglisii ni(!inbers in tlie House of Asseinbb: who venture to sj)eiik in the language of the mother country, from the certainty of not being understood by a great majority of the House. EXTRACT OF A DESFATCII FROM HIS GRACE THE DUKE OF PORTLAND, DATED Urn JULY, 1800, TO LIEUT. GOVERNOR MILNES, RELATIVE TO THE ESTABLISH- MENT OF PUBLIC SCHOOLS IN THE PROVINCE OF LOWER CANADA. " With respect to making a suitable provision for the education of youth in Lower Canada, and more particularly for layino; a foundation for teachino- the Ena-ji^h tonijue generally throughout the Province, I not only fully coincide Avith the sentiments expressed by the Bishop of Quebec, and concurred in by the Executive Council on this point, but 1 am of opinion that the proposed free schools for this purpose should bo e.stabli died under the express condition of teachino* the Ena:lish lanrjuaore orafis to the children of His Majesty's subjects resident within the district, for which such schools arc established, without any limitation as to the number of children." " The masters should certainly be authorized to make a reasonable demand for teaching writing and arithmetic, or what would be still better, the terms may be settled from time to time by the Trustees or Governors of such free i] ^y if 50 sohool:*, ill the appoiritijiij ol" wliicli it is His Majesty's pleasure! lliat tli(! (lovcnujr, r.icnti'iiaiit (lovcnior, or jicrson Miliniiiistoriiii; tlio (lovcrDinciit for tlic time lu-inn", tli(» Jiisjiop of (^iu'Ih'c, tho Cliitf .luslicc ol' tlic Province, aiul tlu' Speaker of tli<' Asscmlily, should be of llie nniiilx'r. Ill addition to the free s(diooIs for teachiiitr llic l-'iiolisli iaiiu^iiajjje, (which I consider to he of tiie lirst iiecessi'y, and for th(! estaldislinient of wliich yoti ^vill con^i(h'r yourself lierehy auth()ri/.e pleasure in comniunicatin|>er. Dut T should very unworthily eN|)ress the sense which His Ma- jesty's muniticeiiec is intended to contirm, and I should do ^reat inju>tic(' to the sentiments 1 have just ]>rotessed, was I to conceal from you th< hope that His Majesty entertains, that your health may not re(piire you immediately toresijrn your oflice ; and that if it should not enable you to remain in Canada, until the conclusion of a peace, it may not ho materially impaired hy your residence! there beii.o- prolont^- ed for another twelvemonth, should tlie war so loiio; (;on- tinue. The time of your resin;natiou is nnqucstionahly in your own power ; hut considerincf the ctlV'ets it Avill have r.pon His Majesty's interests and those of tlie Province, you must excuse the apprehensions which suc;ccst tlie wish, that a temporary ahsence from business, or a tour, or some other expedient, may he resorted to for the restora- tion of 3'our health, which may enable you, witliout expos- ing,' it to too great hazard, to delay your departure until the period I have alluded to. I have detained you lono^er than T intended : but! shall only add, that whenever you may think fit to return to this Country, I shall hope that you will give me the ojiportu- nity of improving into intimacy that acquaintance, which I esteem it to he one of the advantages of mv oflicial station to have formed. I have the honor 1o be. Sir, Your most obedient humble servant. To the Hon. William Osofoode, etc., (fee. PORTLAND. ^ii! I':? \ m} It m^ li li it^.' 'I 52 FROM THE DUKE OF PORTLAND TO SIR R. S. MILNES. WiiiTEiiALL, Gth January, 1801. Sir, — The matters stated in your letter to me, separate and secret, of the 1st November, are so highly important to the King's Canadian Government, that 1 shall make them the subject of this separate despatch. The prevalence of the ])opular inlluence in Lower Can- ada, seems to be attributed by you to thi-ee principal causes, viz : First, the separate and unconnected interests of the seigneurs and the habitants, by which the latter are be- come totally independent of the former, and are not likely to be inliuenced by them in any respect : — Secopclly, the indej) ndence of the whole body of the IJoman Catholic Clergy, wdio are accountable to no other authority than that of their own IVishop : — and, Thirdly, the neces. 'ty there has been of disembodying the Canadian Militia, in conse- quence of that country's liaving been conquered by His Majesty's Arms, and the inexpediency of their being called out under the present circumstances. As the separate and unconnected situation of the sei- gneurs and habitants arises from the established laws and usages of the I'rovince, in regard to the property held by these two de3cri[)tions of persons, it is an evil certainly to be regretted ; but I fear it will be very difficult, if not im- possible, to remedy : and as the Canadian gentlemen can derive no intluencc froju their landed possessions, it must necessarily be left to the particular exertions, ability and ambition of individual sei'^neurs, to emerge from their pre- sent state of insifjnilicance. All that can be done in this respect, is to hold out motives for exertion, and to give all possible encouragement in those instances where any dis- position of the kind is found to exist. But before I pro- ceed further, I cannot help expressing to you my surprise, that the establishment of the Canadian battalion in Lower Canada, the principal object of which was, to draw the Canadian gentlemen from their indolent and inactive hab- its, and to attach them to the King's service, should have mot with no greater success. ILid any e;igerness been manifested in eompleting this battalion, it might have been judged advisable to form a second and third of the same li Hi, 53 L. S. MILNES. lanj, 1801. inc, separate ily important I sliall make II Lower Can- ncipal causes, terosts of the latter are be- aro not likely Recoi'dly, the man Catholic luthority than leccs; *ty there itia, in conse- picred by His r being called n of the sei- ^hed laws and )erty held by certainly to It, if not im- ntlemen can ^ions, it must ability and om their pre- done in this (1 to ii'ive all lore any dis- »efore I ])ro- my surprise, inn in Lower to draw the inactive hab- , should have ijerncss been i;ht have been of the same \ ii sort, in case the spirit and inclination of the King's Cana- ^dian sulyects appeared to call ibr it. With respect to the Roman Catholic Clergy being totally [ if independent of the Governor, I must lirst observe, that I am not at all aware of the causes that have led to a disre- gard of that part of the King's Instructiuns, which re(]uiro " that no person, whatever, is to have Holy (>rders coiifer- "red upon him, or to have care of souls, without license '• first had or obtained from the Governor." The resump- tion and exercise of that power by the Governor, and the ]iroducing such a license as a requisiie for admission to IFoly Orders, I hold not only to be of the first importance, but so indispensably necessary, that I rnist call upon you lO endeavour to effect it by every possible means which prudence can suggest. You will, therefore, readily conclude that I must see with ])leasure your })roposal of increasing the allowance to the Catholic Bishop, adopted almost to any extent, if it can prove the means of restoring to tlio King's representative in Canada, that power and control which are essentially necessary to his authority, and which is expressly laid down by the 44th Article of your instruc- tions, above alluded to. The third and last cause of the preponderance of tlio popular inllucnce, viz : the situation of the Canadian Gov- ernment, with regaid to its Militia, appears to me to carry its own remedv, inasmucli as the establishment itself is |cnpable of being converted into an instrument of consider- table weight aiul authority in the hands of the Executive 'Power, provided the measure which I iiave to suggest should meet the opinions and sentiments of the Canadians • themselves. According to your statement, what seems to be wanting is to put the j\Iilitia upon such a footing., that ils being called out shall be so much for the advantage of ■ those that compose it, as to render them favorable to the measure. AVitli this view, I have examined your Militia ■ Acts of May, 1794, and May, IVOO, and the particular in which they strike me, as being defective is, that they con- tain no provision for the annual meeting of the Militia, or even any part of it except for two days in the year, for I the purpose of being mustered. What T would propose, ' therefore, is, (in case of its meeting with the approbation of ii .< \\ 64 lii: ...1 the Lecfislature,) that a certain proportion of the Militiji, to be chosen by ballot, should be called out to be exercised for three weeks or a month in each year, durino; which time the otficers and men who shall be called out, should be al- lowed the same i)av and subsistence as His MaiL'Sty's reo;!i- lar troops. It would of course be provided that the men who should be chosen by ballot in any one year, should not be ballottcd for at!;ain until the residue of the Militia should have been called out, by which means, all the offi- cers and men would take their reo^ular tour of duty, and partake of the advantages arising from their being called out. The adoption of this part of our Militia Law, (with such variations as local circumstances may call for,) will neces- sarily require that another part of it should be adopted, viz : the permanent pay of an Adjutant to each Regiment, and of a certain number of non-commissioned Officers, fifes and drums, as in the Militia of this Kingdom. In amending the Canadian Militia Bill, in the manner I liave suggested, provision might also be made for such other appointments as would be necessary during the time of the annual exercise of that portion of the Militia which may be called out. AVhat the number and description of those appointments sliould be, must depend upon the num- ber of i\iilitia men to be called out, and must tliercforc bo regulated on th.) s]>ot. You will understand that I am only stating the outline of such amendments to your Militia Laws, as I conceive to be most likely to secure the objects you have in view, and to create and establish that interest and connection which should subsist between the Militia and the Executive Authoritv of the Province. Should vou be of o])inion that these amendments will meet with the concurrence of the Lemslature, the sooner thev are digest- ed and put into proper form, with the assistance of the Executive Council and the Law Ofiicers of the Crown, the bettei', and you will, as immediately as possible, transmit to me an estimate of the additional expense which will be created by them ; in forming which estimate, I am confi- dent you will tiike care to keep it as low as the object to be attained by the adoption of the proposed amendment will allow of. sen |«|, <\iC 65 of the Militij!, : to be exercised riiin: which time It, Jihoiild be al- MaJL'Sty's YOff\\- '(] that the men mo ye.ar, should ] of the Militia ms, all the offi- ur of duty, and eir being called Law, (with sucli for,) will neces- ulcl be adopted, each Regiment, sioned Officers, ino-dom. n the manner I made for such [luring the time le Militia which description of upon the num- ist tlierefore be nd that I am 5 to your Militia Lire the objects di that interest 3en the Militia . Should you meet with the ley are digest- istance of the he Crown, the sible, transmit which will be |te, I am confi- tlie object to Id amendment These leading points, relative to the Roman Catholic CIer<''v, and the Militia, beiui; carried, every future step whicdi is made in the settlement «if the Province must, by 111 iking grants of the waste lands of the 'rown to Protes- tants uj)()n the conditions, and subject to the regulations now finally established and acted upon in the land giaiit- ing Di'partment, nectessarily tend to It'sseii the di'giee of popular intluence, which is at present possessed by that de- scription of His Majesty's Canadian subjects, which consti- tutes so great a proportion of the inhabitants of the Pro- vince at large. I need not add, that I shall be anxious to receive your answer to this letter, as well as the future details which you promise to communicate to me. I have the honor to be, Sir, Your most obedient humble servant, (Signed,) POR'ILAND. TO THE DUKE OF PORTLAND. Quebec, lOth February, 1801. My Lokd, — I have had tlie honor to leceive Your Grace's Idespatches Nos. 9 and 10, and also the one marked separate, )f the 1 7th of October. 1 shall, aii-reeablv to Your Grace's lirections, take the necessary steps ibr putting in execution the writ transmitted from the Postmaster (Jeneral, for the recovery of the balance due to the General Post Office by dr. Finlay, but I am sorry that I have reasoii to suppose 4hat this gentleman's ]>roperty is far from being adequate to l^ati^fy the demand against him. With a view of facilitat- ing the execution of llis Majesty's gracious intentions of • ranting a certain portion of the waste lands to those ■l\ n granted f *>, 1: % ( , 66 to a leader and his associates, 1 understand that in general the associates eni^-ao'ed to convey to the leader the whole of their share, excepting two hundred acres as acompensatior. to the leader, for the expense of the survey and subdivision and the patent fees, the expense of surveyino* and subdividing into two hundred acre lots, a townshi]) of ten miles square, is reckoned at from one hundred and forty to one hundred and eighty pounds, and the old patent foes, £3 Cs. 8d., tin thousand acres. From this statement Your Grace may form a pretty just idea of the actual value of the grant which it shall please His jSIajesty to make to the members of the Executive. SIR R. S. MILNES, TO THE DUKE OF PORTLAND. Quebec, I8th Fchruar?/, 1801. Mv Lord, — In my despatch No. 37, I had the honor to inform Your Grace that the Commissioners for the managfi- ment of the Jesuits' Estates were then employed in making out a final Report of the actual value and revenue of those estates. I have now the honor to transmit their Reports relative to those objects, the first of which is taken from tlie aveu et denomhrcment delivered to Governor Ilaldimand in the year 1781, and the second from the statements given in by the agents now employed under the Commissioners, The information most to be depended on would certainlv have been obtained by means of a ^'cr^^jVy terrier ; but mv objections to it arose from finding it would not only have been attended with a considerable expense, but that it would have taken up much more time. I therefore judged it expedient to fix u]ion the i)resent mode, and I believe I may venture to assure Your Grace that the statement of the valuation and revenue cannot be mateiially wrong. It appears from the first Report (A), dated the 13th of January, that the annual revenue in the year 1 781 amounted to £1245 OS. 4(1., exclusive f>f the ])roperty situated within the Cities of Quebec and Montreal ; and by the second Report (B), dated the Cth of February, it is computed that the concessions made since that time have increased the annual revenue to the sum of £1368 133. 4d. left will I" \ :|\vhi i -lo t ^O^or I lilaji intei ithe at a mea infin havi 7, of llou ;rac W. \ cc thel Csta the I U"e )enc In ti Exci ^^ler It w jour V rcmi |«iii 1 !? 51 1 thfit in general uler tlic wliole of s a compensation '■ and subdivision ; and subdividing ten miles square, ■ to one hundred , £3 Cs. 8d., tL ' Grace may form e grant which it members of tiie PORTLAND. hruari/, 1801. ad the honor to 1 for tlie manage- iloyed in making revenue of those Eeports relative iken from the Ilaldimand in atcments given Commissioners, would certainly >•?•/(?• ; but my not onlv have se, but that it lereforc judged nd I believe I e statement of 11 V wrong, d die 13th of 1781 amounted ituated within .)y the second computed that increased the I. Though this property undor better management is capable if any great improvcinrnt, and tht; unconceded lands .mount to above five hundred thousand acres, yet Your Trace will observe from the pi'ivate mmioraudum sent to e by the Chairman of the Connnission, that the grants in 'cneral arc twenty leagues in dcjtth, and not niore than I^Vom one to two leagues in front (that is, along the river,) •■'' a great part running backwards into a mountainous :,>juntry, and conse(jUcntly not likely, for a long period of years, to ^ be conceded. I am, therefore, now decidedly of opinion, that the value ^;;i^of those estates, when all the circumstances are considered, will not admit of the measure I had the honor to propose ■ jn my despatch No. 2 1, respecting a division of the pro})erty hvhich, from the magnitude of the estates, I then had reason to think might have been effected without prejudice to Lord Amherst. I can now also assure Your Grace, that should His ilajosty finally determine to carry into effect his gracious ntentions with respec^t to Lord Amherst, I am of opinion ; the ]>resent moment is peculiarly favorable; not but it must -at all times be considered as an unjiopular act, and as a measure that will create much dissatisfaction, but I believe inlinitely less so now than at any former period, the public having, according to the tenor of Your Grace's despatch No. '?, of the r2tli July last, been informed by my speech to both Houses of the Legislature, that His Majesty has been Igraciously pleased to give directions fur the establishing of p, competent number of free schools. Sic, which has had I l^ie happiest effect in setting aside all reference to the Jesuits '.states. The House of Assemblv, so far fiom liinlino- at he subject of those estates, either in their Address, or since, re now preparing a bill for the purpose of seconding the )eneficent views of Ilis Majesty by erecting school houses In the different parishes, to be under the control of the Cxcutive Government, and should the Koman Catholic lergy not use their influence in opposition to the measure it will probably be adopted, but they have hitherto dis- couraged the introduction of learnin g into the r rovince . i-i |. While I am on this subject it may not be improper to remark to Your Grace, that the buildings and town lots *■ I- 58 formerly bi'longiiii); to llio .Icsiiils in the Cities of Qiie1)fc ami Montival, aiul wliicli it is |ui)i>()S((l to icsi-rvi' tor tlic iisLi o[' tlic C'n)\vii, ii»;iy {w cniisidi'rcd ;is iintK! lli.'iii .'iii cquivalfiit tor tin; expense whiea will altiMid the lirst cstablislinu'iil of tlio tree .schools. This "ill nu»re fully appear to Wnw (iiac-e iVoiii the ••lulosiire (C), in which the Jesuits' College at (.iiiehec, now in jiossession of the Military, is mentioned as heini'" sntlic.ienily lar^'e to atl'ord barracks for fioni 1, ■)<)() to ISOO men, besides store looin for <;'reat qnantities <)[' provisions, anil as tin; Canadians mnst consider themselves as forever cntotf from all prospect of seeing that bnilding restoreil to its original j)urposes, it is «rt' no small isuportance that by the declaration of llis Majesty's inten- tions respecting tlu; establishment of free sr*l barracks Doin for great , must (.'onsidcr , of seeing tliat IS wf no small laiestvV intcn- luols, etc., the ) ill'' iiublio. enlati:,\Ml aii'i l"lli> MajestyV, i consideration own. v.inch it >se, and I shall Majesty's linal NOll, TO THE ^arch, 1801. | I iind myself I circumstances I occurred, and -being of this unanimitv in [n mv anxious so peculiarly lat I could no of Mr. Chief I) maintain the jious not only to shew every Idcferenco to hi;i ojilnions, Avheu'ver I coidd do so without jab-olutely relimjuisliing every idea of my own in matterfl A\ herein I wa^ convinced I was right. Tliis has unifoimly lbe<'n mv line of conduct towards Mr. ( >si»on(le till now, and would have continued so had ho not thought lit, on a iatc occasion, in a lar^e company, to lay aside that decency of dcpoi'lnieiit, the strict obseivntion of which his own situation as w< II as mine recjuires, and assume a numner jjointedl}'" disrespectful, and a few «hiys afterwards to stand forward in t the Legislative Council the violent opposer of a measure kj of great importance to the I'lovincc, which he could not |bui. know had my decided ai)})robation. In order to give Vour (iraee a just idea of this proceeding I and of the ill consequences that 1 liave reason to ajipre- piienw from it, it will be necessary to enter at some length into the subject, and likewise to lay before Your Grace some leading circumstances which I iiave reason to believe liave o-iven rise to iIk; dissatisfaction of Mr. Osp'oode. 'i'lie princi]>al of these 1 conceive to be the line of conduct III have thought it right to observe Avith respect to Mr. J>eF)onne, and my not Iniving displaced that gentleman fiom his seat on the bench in consequence of the charges preferred against him by Mr. Osgoode. The reasons tltat have actuated me on this occasion I have already had the honor to state to Your (J race in my letters dated and the subsequent conduct of Mr. Judge Pel>onne lias been such that 1 have no reason to wish I ihad acted with less moderation than I have done. Since the representation I made to Mr. Dtilionne, respect- ing his non-attendance in the Courts, he h?;;s been constant in liis duty, and at the o})ening of this I'arliament he called n])on me to offer his services, and to say that he had no vish but to be considered b/ me in a favorable liirht, anci to give his su])port as he uniformly had done to the iepresentive of Jlis Majesty in this I'rovince. The proj)riety •f this conduct, on the part of Mr. Del^onne, left inc no choice but to accept of his apology, as nothing now remained Against him directh/ of a public nature, though I foresaw that in so doing I should inevitably incur the censure of Mr. Osgoode, whose resentment against Mr. DeBoniie continues unabated, and who from that time ha« m 11 If 41;;! a!;') (::'!iw ■ m^i M CO openly shewn his dissatififuctioii. In order, however, to avoid as much as possible giving liim iinoasincs?, I took tlie precaution of sending my private secretary to Mr. Osgoode to acquaint him of Mr. l.)elJonne liaving been with me, and of the result of his application. 1 attribute the late conduct of Mr. Osgoodo princi})ally to this cause, but it is not the only point in which he thinks himself slighted by me. By his wish to be the sole adviser and ])roposer of every Government measure, he exposes himself to unavoidable disappointment, as I feel it my duty, in the responsible situation in which I have the honor to be placed by J lis Majesty, to collect information, and at least to hear the opinions not only of the Chief Justice but of every person emyloyed und<^'r (.Tovernment, whose ability or local know- ledge entitles them to attention, but this I cannot do without deviating from what the Chief Justice thinks is due to him alone, and he has avowed to me, that he feels himself otfended on this account, and plainly shows that he does not choose to be consulted by me unless he is sutlered to dic- tate in every particular, a condition to ^vhich I can by no means accede, though I am most desirous to i)ay eveiy attention that is due to him in the confidential situations he holds in this Gov'^rnment. Having acquainted Your Grace with the grounds of the coolness I have for some time past observed on the part ot Mr. Osgoode, I shall lay before you the occasion he has chosen to throw off all decorum, and to declare himself inimical to my administration, observing previously that Mr. Osgoode's having refused liis assent to the measure in question is not what I consider as in the least reprehensible, but his having done so in the manner ho has done, without previously making knov/n to me the grounds of his - l)jeGtions, when the liill was taken to him, by which they might have been corrected or avoided, and when he found himself left in a minority, his liaving entered a protest against it on the second reading. Ilavinii' received, from the Commissioners for crectinii the Court Houses at Quebec and Montreal a represontatioii stating tliat the sums appropriated for that pui-pose had been expended, and that a further aid of £8000 would he % .Attijij^ I 1 , however, to sinci^s, I took otary to Mr. luivinj^; been . I atiributo to this cause, hiiiks himself poser of every ) unavoidable 10 responsible l)laced by ilis 5t to hear the f every person or local know- not do without is due to him I feels liimselt' lat he does not suffered to dic- h I can by no to pay every itial situations ?;ronnds of tho on the part of casion ho has dare himself |iously (hatjMr, e IS \ measure lu j t prehensible, f'm 3 has done, f'M re Iho e grounds of * |im, by which , and when he Ina* entered a for erecting represar.tatioii pui'pose had loOO would be 61 nfxossary to conipleto the buildinixs, I desired them to meet at (Jovernment House together with such of tlic members belonging to the Executive Council as were also members of the; House of Assembly. This meeting was composed of Mr. Justice Dunn, the Attorney and Solicitor General, Mr. J5arthelut, Commissioners, and of Mr. Mc(jiill, Mr. DeHonne, Mr. Lees, and Mr. Young, Executive Coun- cillors and all members of the House of Assembly, except IMr. Dunn, who is a Legislative and Executive Councillor; in the presence of these gentlemen I declared that I could not with propriety advances more money, unless the taxes for the purpose of repaying His Majesty were of such a nature as to insure a more prompt return than what had hitherto taken place, as £1000 only had been repaid in two years, of the £10,000 that had been appro- priated by the Legislature, during General Prescott's admin- istration. It was the unanimous opinion of these gentlemen, that in preference to a new tax it would be both just and expedient to raise under certain modifications a part of what was due of tho Lods et Ventes in tho censive or jurisdiction of His Majesty, and which His Majesty had been pleased by a message from Lord Dorchester, bearing date the 29th of April, 1794, to declare were to be applied towards defraying the civil expenses of tho Pro- vince, and it was also their opinion that, from the temper and favorable disposition of the House, it would be carried. And here I must observe to Your Grace, that no doubt was entertained with respect to the propriety of bringing this matter before the House of Assembly, and that Lord Dorchester's message was deemed sufficient authority for that ])urpose. I now determined to send a message to both Houses, the purport of which was to recommend that they would take into consideration the statement of the Commissioners, and I directed Mr. Ryland, my secretary, to shew the message to Mr. Osgoode, who entirely approved of it. The Bill was soon after brought forward in the House of Assembly, entitled, "An Act for the rehef of persons holding lands of His Majesty in Roture, on which Lods et Ventea are due ;" it was moved by Mr. McGill, an Excutive Coun- cillor, and as soon as the clauses were filled up, Mr. Lees, an 11 i. ' v' 1 t 62 Km (I II U Executive Councillor and a member of the House, at my request waited u[»on Mr. Oso-oode in order to shew it to him, when after keepincj^ it in his possession till the next day, he returned it to Mr, Lees, with whom I must observe he is in the habit of some intinuicy, witliout hinting at any objection, or indeed making any remark whatever upon it. The ]M11 passed the House of Assembly, by a majority of twenty-seven to two. Full time was allowed to give it duo consideration, as it was above six weeks before the Lower House. It was not till the second reading in the Legislative Council, tliat Mr. Osgoode with great warmth declared him- self against the measure, and avowed his intention of enter- ing a protest on the Journals. I sliall reserve for a separate despatcli the arguments that may be opposed to the protest of Mr. Osgoode, and in this letter shall confine myself to pointing out to Your Grace the ill eflects that have already arisen from the kind of opposition he seems disposed to make, to whatever measure I may see occasion to promote, which shall not originate with him. During the whole time tlie Bill alluded to was before the House of Assembly, no clamour prevailed against it, nor ■were any addresses brought forward on the subject, to stop its progress in that House, which would have been the regular mode of proceeding had it been unpopular ; but as soon as the Chief Justice's opposition was publicly known, it was the occasion of an address against it being sent to the Legislative Council by 'lose who were the most interested in the Lods et Ventes r».maining unclaimed. If the Chief Justice had succeeded in carrying the question in the Legislative Council, in opposition to what were known to be my sentiments, it would have placed rae in a very awkward situation ; but he was only seconded by two gentlemen who, from motives of private interest, and from their connexions, were parties concerned in this parti- cular question ; one of whom, Mr. Lanaudiore, has a sine- cure place of £500 a year under Government, and might therefore have been influenced in his vote had I thought proper to speak to him ; but I have nothing to apprehend from the opposition of the Chief Justice, only so long as I ■s '^- ouse, at my shew it to Lill tlio next lUst observe ; hinting at k whatever majority of 1 give it duo J the Lower 3 Legishitivo L'clared him- ion of entor- 3 arguments )ode, and in >ut to Your om the kind ^o whatever h shall not s before the ainst it, nor ject, to stop '^e been the lar ; but as cly known, sent to the interested irrying the >n to what ,ve placed seconded iterest, and this parti- II as a sine- Mid might |l thought ipprehend lonir as I G3 continue to possess tlio confidonco of the other loading nicinluMs of tlio Councils, and can depend upon tlu;ir co- operation. On tile public mind, however, his conduct cannot fail to have a l>ad cUbct. From thi3 i)ai'ticulars I liavc had tlu! honor to lay Ixiforo Your (}ra(;e, you will bu t'liablod to judge liow far it can bo expected that His Majesty's service sliould be; carried on with advantage or ncconung dignity, it a pers(;n holding situations of such high trust as thos(! of C!iief Justice of tile Province, Speaker of tlie Legislative; Council, and Chairman of the Committees of the Executive Council, so conducts himself as to preclude all confidence between him and the person administering the Government, and suf- fers himself to b(! publicly considered as in open opposition to the Governor. I shall only add that I have endeavoured as long as possible to avoid coming to an open rupture with the Cliit;fJustice ; butasi e,an now no longerdoso witlioutbend- ing to him in a manner that would be derogatory in my situation, I am obliged, however reluctantly, to lay before Your Grace what has passed, in order that His Majesty may be informed of the circumstances, and direct such measures to be taken in respect to it as Ilis Majesty in his wisdom shall be pleased to judge exjiedient; trusting that Your Grace will see the absolute necessity of some decisive step before the next meeting of the Provincial Parliament. SIR R. S. MILNES TO THE DUKE OF PORTLAND. Quebec, Wtli August^ 180L My Loud, — I have had the honor to receive Your Grace's several despatches, dated the 30th of April, 9th of Mav, and 6th of June last. I shall not fail to observe Your G-race's directions on all occasions to notice any matter of importance which the minutes of the Executive Council may contain ; and I should have done so with regard to the proceedings res- pecting the erection of Protestant Parishes to which Your Grace alludes, had the business beon completed ; the Report "4<\ i| .f, hi 64 of the Attorney Ooneral upon this subject will iinmi'diately bo Iaion his appointments being so ample as to ensure that inlluenoe. And I might furtlier observe, that in fixing £5,000, 1 have only stated what is indispen- sable, and less than I conceive will be found the necessary expenditure of a person who shall more permanently ad- minister the Government of this I'rovince. From this statement, Your Lordship will perceive, that my situation as Lieutenant Governor administering the Government, though unprecedented with respect to salary, is by no means advantag<;ous, as it possesses none of those advantages which belong to a Staif Officer. CoiiL^ideration for my family, as well as for the service of His Majesty, obliges me to state these circumstances to Your Lordshii), humbly trusting that if it is Jlis Majesty's pleasure to prolong th(^ leave of absence of the Governor in Chief, and to continue me in the administration of the Government, that the addltiori of one thousand jier annum for my table may be made to my appointments, which will enable me to lay by my own income for the benefit of my family, during my residence here. But should this addi- tion not be thought expedient, I Jiave tlie :onor to submit, that it may be laid before ilis Majesty, that as I shall have been, thi:: sunnner, thrt^e years in actual employment, and that ill I'mie of some difiiculty, I hope I may now be per- mitted to look forward to the indul . ince of Ilis Majesty's el a1 M sil ai U oil hj h)«, 6' fiddition, ' live at manner witliout form of istration it of tlie sucli as by Gor- wliidi I ate and Duke of Colony, will, I .'e of in- 'u\g the > ample observe, idispen- cessary itly ad- ^e, that g the salary, " those erviee OS to .j(«ty's v^ernor of the n nil in 1 will )f my addi- bmit, have and '■ pcr- 3sty's leave of absence to return home with the advantages I enjoyed previous to my departure from England as Lieuten- ant Governor of this Province, a situation to which His Majesty was most graciously pleased to appoint me, in con- sideration, as I understand, of my having lost my health at Martinico, and having been compelled on that account to resign that Government at a time when, from the extra- ordinary expenses I was obliged to incur, no advantages had arisen to my family. It is with infinite reluctance that I have brought myself to make this statement to Your Lordship, to which I have been impelled by my fear of not being enabled to do jus- tice to His Majesty's service, without material injury to my private circumstances. At the same time, I must add that I am truly sensible of the high honor conferred on me by being entrusted with the administration of a Government of so much importance ; and iiothi)ig would be more grati- fying to me, than to devote myself wholly to the service of His Majesty here, if, by the addition above alluded to, I might be enabled to do so without detriment to my family. The mixture of Canadians and English in this Colony, gives rise to jealousies which can only be avoided by the established hospitality and impartiality of the Governor towards both. To avoid exceeding my salary, I must re- trench from that hospitality, and I am sensible I cannot make such a reform without risk of injury to the service. I have been thus early in my ap})lication to Your Lord- ship, on account of the short time during which the navi- gation is open to Quebec, and in the hope, if any new arrangement is made, that it may +ake place in time to enable me to embark for Englana during the summer months ; a point which I should not mention, but as Lady Milncs and five of my children are with me, I am solicit- ous on their account, that my return home may take place while the navigation of the river is least hazardous, from the extreme severity of this climate in autumn, and the frequent storms that take place about the time of the equinox. I have, the honor to be, etc., &C., (Signed,) ROBERT S. MILNES. 4. ■ l : •i' A ilJ ; f ■* " I:'- 1 ^ - '' 1 t ' ' ' '1 - ; 6b m >4. A> ;l f. EXTRACT OP A DESPATCH, DATED Qth SEPTEMBER, 1803, FROM THE RIGHT HONORABLE LORD HOBART, SIO^y^IFYING HIS MAJESTY'S APPROBATION OF THE APPROPRIATION OF LANDS, PROPOSED B^. THE EXECUTIVE COUNCIL, FOR THE ENDOWMENT OF PUBLIC SEMINARIES IN THE PROVINCE OF LOWER CANADA. The Report of the Executive Council upon the subject of an estabhshment for Seminaries of Education has much engaged my attention, and although the api^ropriation pro- posed for the foundation and endowments of the plan is upon a very extensive scale, yet as its operation must necessarily be progressive, and the benefits that may be expected to arise from the introduction of a judicious system of education in the Provinces under Ilis !NIajesty's Govern- ment, cannot fail to be of great importance, His Majesty has been graciously pleased to consent that appropriations of land, to the extent that may be necessary for the founda- tion and endowment of one Seminary to be established at Quebec, and of one other Seminary to be established at Montreal, should be made, and that the necessary measures may immediately be taken for carrying the plan '.nto execution. RETURN OF THE INCOMES OF THE CHURCH LIVINGS IN LOWER CANADA. Quebec, 2w(? Jzcne, 1804. Sir, — In obedience to Your Excellency's commands, sig- nified to me by Mr. Secretary Ryland, I have the honor to subjoin a return of the incomes of the Church Livings in Lower Canada, as directed in the extract, enclosed by him, of a despatch from the Secretary of State. The iucoiuo of the Rector of (iucbt'O, is a salary from Govern- ment, per anmim of, £200 The iucome of th»^ Rector of Montreal arises from a like sahirv of £200, and from a subscription of about £80 per liunum by the Parish, 280 The income of the Rector of Three Rivers, a like salary of, 200 The Income of the Rector of William Homy, .i salary of £100 from Government, and of £50 from the Society for the Propagation of the Gospel. 1 50 i 69 TEMBER, irOBART, OF THE m THE [ENT OP LOWER e subject I as much tion pro- c plan is on must may be IS system Govern- Majesty priations founda- ished at isbed at leasures an 'nto fVINGS 804. ds, Big- )uor to ing's in y bim, ^rovern- 3 ) The Evening Lecturer at Quebec has a salary from Government of £100 £100 None of tliese gentlemen derive any otlier emolument from their livings, their surplice fees excepted. There is a vacancy at present at Missisquoi Bay, where the late minister received a salary from Government of £100, from the Society £50, and by subscription from the inhabitants about jCSO, £180 There is also an opening by the death of Mr. de MontmoUin, for placing two other ministers, (as soon as they can be found) with a salary of £100 each, in any part of the new settlements, which Your Excellency shall direct, and to this salary there can be no doubt of an addition of £50 to each, from the Society, nor any doubt of a subsci'iptiou to the amount just mentioned, if it should be thouglit expedient to call for it. The Income therefore for the Grand lliver, if Your Ex- cellency should fix upon that place, may be calculated at about .' 180 At L'Assomption, or Caldwell and Christie Manors, 180 As Your Excellency has been pleased to desire that I Avould accompany this return with any observations that I may think it proper to make on the subject, I shall not scruple to state my opinion, that the salary of the Rector of Quebec is much too low, whether the respectability of his sit- uation be considered, or the services that are required of him. The Rector of the Capital of the Province, — of the Seat of His Majesty's Government, — ought undoubtedly to be a person of liberal education, as well as of exemplary manners; and he ought to be able to maintain the appearance in society, and the mode of living, that becomes a gentle- man of that description. Your Excellency, I am satisfied, is perfectly aware that £200 a year (whatever might have been the case many years ago, when that salary was fixed) is, in the present state of this Province, utterly insufficient for that purpose. More especially when it is considered that from the great number of poor and distressed persons in this city, for whom there is no provision by law, the calls upon the charity of the ministers of the Gospel are necessarily frequent, and strong. It should be added, that the parochial duty of Quebec is, from a variety of circum- stances, extremely laborious. "The labourer is worthy of his hire ;" but in this instance the hire is altogether ina- dequate to the labour. It is such as no gentleman can possibly live upon. d2 f'?< Viil 'I J 1 1. ,1 '•I ' i \ ■ I '" \ > i' 1-, ■i 'm tl 70 The like observations apply, in a great measure, to Montreal. The expense of living there is at least equal, I believe, to that of living at Quebec ; and the duty is even more laborious. It is true that therci is, in this case, an addition of from £15 to £S5 a year to the J-iector's inconio, by a subscrip- tion of the parishioners ; but this can not be considered as permanent. The present Rector, when incumbent at Three Rivers, had purchased, and coinmodiously fitted up a house for his residence there : and the inhabitants of Montre.'d, enter- taining a strong de?ire that this gentleman might be fixed upon by Your Exc^jllenc}'' to succeed their late Rector, and willing to make the ex(;hange acceptable to him (in the case of Your Excellency's giving him the olTer,) proposed to him, in consideration of the high rent of houses at Montreal, and in ofder to indemnify him for the loss and inconvenience that might arise from quitting his newly completed house and premises, to raise an annual sum equal to the rent of a house proper for the residence of their Rector. Whether this will be continued to his suc- cessors is, ] think, at best doubtful. Your Excellency will pardon the introduction of parti- culars, which appear necessary to the precise information that is required. The income of the Rector of Montreal wbo certainly wants the assistencc of a curate, is, therefore, in my appre- hension, by no means equal to his maintenance or the pro- per remuneration of his labours. I say nothing of any other resources by which he may be enabled properly to support Ids situation, because they are wholly foreign to the question. What ] have stated above forms the whole amount (with the exception before made of surplice fees) of his receipts from his living. As the congregation at Three Rivers is small, the duty proportionally light, and the expense of living much less than at Quebec or Montreal, the salary of £200 a year given by Government is, in my opinion, sutficient for the situ!^,tion. But the case is different at William Henry. The £100 from Government, with £50 from the Society, which forms 71 tho whole of the incumbent's income, is not sufficient for his support. He is a young man of merit, of an academical education, a widower, with a young family. It will bo difficult if not impossible for him to live upon his income. His congregation is larger, and his duty more considerable than that at Three Rivers. I have indeed great reason to apprehend that this gen- tleman, as well as the Rectors of Quebec and Montreal, all of them exemplary in their conduct as Parish Priests, will not long continue to hold their livings, unless the Govern- ment, in its wisdom and bounty, should see fit to augment their temporary salaries. It appears to me that the sala ; j 5f the Evening Lecturer of Quebec is a sufficient reward for the duty he perfornxs, and for those to which (in the case of the sickness or absence of other ministers) he is liable. With respect to the establishments in the new settle- ments, I apprehend that the £100 from Government, with £50 from the Society, will be sufficient for the present. These gentlemen have some advantages (among their many discomforts) not possessed by the Clergy placed in towns, such as a glebe, a willingness of the people to build for them, or at least assist in building, a decent place of abode, to subscribe, as before mentioned, toward their support; to which may be added, that many expenses may be spared, in these situations, which cannot well be avoided in towns. The difficulty lies in procuring Clergymen; and this difficulty originates in the want of an establishment which might otfer proper gradations of emolument and station, as the reward of persevering and distinguished merit. I have tho honour to be. With the greatest respect. Sir, Your Excellency's most obedient and faithful servant, J. QUEBEC. His Excellency the Governor. i 'i ■ ^^ii' I:: J ^1 72 EXTRACT OF A LETTER, DATED 23nD DECEMBER, 1804, RESPECTIXO THE CliURCH ESTABLISmiENT IN LOWER CANADA, BEARING THE INITIALS OF MR. RYLAND, BUT NOT STATED TO WHOM ADDRESSED. My creed, witli roojard to tlio Protestant Churcli establishment in these Provinces, is simpl)'- this : it oiiii^lit to liave as much splendour and as little j^o?/;^?' as possible ; I would tlierefore give to the 13islio|)ric of Quebec, a Dean, a Chapter, and all the other ecclesiastical dignitaries necessary for show, and I would endow the Sec with suflicient lands to support this establishment in the most liberal manner ; but not one grain of . 1 5 iii 74 MINUTE OP A CONVERSATION BETWEEN THE REV. M. I'LESSIS, COADJU']T)]i, AND JONATHAN SEWELL, ESQ., ATTORNEY GENERAL. 2 7 /A March, 1805. P. I luivc spoken to the Governor respecting the present situation of our Church, and he has referred me to you on the subject. A. (i. The Covcrnor has given me permission to explain my owi . iv sentiments on the subject to you. Wliat I think .. 1. e a right to ask; and I will answer candidly; ' •' K^'oro I state what I have to say, let me observe that clie obj. '" is of the last importance to your Church, and (1 admit also) imjiortant to the Government. It is highly necessary for you to have the means of protecting you)' Church ; to the Government to have a good under- standing with the Ministers of a religion, which it has acknowledged and established by the Quebec Act, and at the same time essential to have them under its control. Let me also remark that the Government, having permitted the free exercise o^ the Roman Catholic religion, ought, I think, Lo avow its oliicers, but not, however, at the expense of the King's rights, or of the Established Church ; you cannot expect nor ever obtain anything that is inconsistent with the rights of the Crown ; nor can the Government ever allow to you what it denies to the Church of England. P. Your position may be correct. The Government thinks the Bishop should act under the King's commission, and I see no objection to it. A. G. My principle is this : I would not interfere with you in concerns purely spiritual, but in all that is temporal or mixed, I would subject you to the King's authority. There are cMfficulties I know on both sides, on one hand the Crown will never consent to your emancipation from. its power, nor will it ever give you more than the rights of the Church of England, which have grown with the constitution, and whose power, restrained as it is, i;i highly serviceable to the general interests of the State. On the other hand, your Bishop will be loth to abandon what he conceives to be his right, I mean particularly his right of appointing to cures. Yet that he must do, for no such poAl woi donj acq] conl and! at aj kno] Cro ii) ever tiom power is vested in the Bishops of England, and if permitted would 1)0 highly dangerous. P. You said conceives to he his right, — Why so? A. O. The statute of the 1st of Ehzabeth, made for the dominions whi(;h the Crown then had, or might thereafter acquire, explains of itself what [ mean ; but I shall not conceal my opinion. It is, that the Bishop lias no power, and I shall be happy to show you the ground of this opinion at a future day,should anything arise out of this conversation. P. I know the 1st of Elizabeth, but I confess I did not know that it was extended to the dominions which the Crown might ac<]uire. A. G. It certainly is. It was made at the time ,n( ' Enirland had most reason to be dissatisfied with the Jlom^M Catholic religion, immediately after the death of ^ "^ary \ and provided for the emancijjation of all English ..;b,>ict8 from the Papal power in all tunes and places. P. Had Mary followed the advic/C of Cai;dir 1 Polus, the statute never would have been passed. She > jo.q not have disgraced herself and her religion by her cruelties. A. G. We call him Cardinal Pole : whether he influenced her or not, Mary's conduct tended to establisli firmly the reformation, and happily to blend the Church and St«te of England as they now are. P. How arc (cures) rectors appointed in England ? A. G. Where the King is Patron, and he is of all livings not in the possession of individuals, he presents to the Bishop, who, if there be no legal cause of refusal, inducts the clerk presented ; if there be cause, he (;ertifies that cause to the King, and if the King is satisfied he presents another ; but if not, a writ issues to the Bishop requiring him to certify his cause of refusal into the King's Courts, who try the merits of the refusal, and declare it good or bad according to law : on this footing, it would place your Church. P. The King then would become the collator to every benefice. The King of France was to consistorial offices, but not to cures. A. G. He was to many cures, but not to all, because lay as well as ecclesiastical characters were the patrons. m I* !■ / hi t; 76 /*. Tho Bishop ouf^ht not to be oblip^ed to certify bis cause for refusal. In Fnince when! the patron was a layman, he was bound to prc.sont live clerks su('eessiv»'ly, before lie was oblifj^ed to jofive any reason for refusinij^lheni ; when the sixth was presented, he was bound to assiojn his causo of refusal. If tho patron was an ecclesiastic, ho shewed cause on tho presentation of the third. A. G. Neither of these rules extend to the King. I think I can shew you that to your satisfaction. It would not be d(!cent to refuse the presentation of the Sovereign without cause, nor ought ho ever to be ashamed of expressing the reason of his refusal in any case. /■*. Presentation by the Crown agrees with the Church of England's tenets, but not with ours. Bishops in Franco have always presentc^d to the livings in their dioceses, and in the late concordat between the Sovereign Pontift' and Buonaparte, the right to present is recognized. Ji. (r. As to Buonaparte and the Po})e, I say nothing : the former is, thank God, no example to us ; but I formally deny that it is contrary to your tenets to receive a presentation from th.? Crown. It was the daily practice in France, with respect not only to the Crown, but even of pri- vate patrons of all descriptions. I am no Catholic, but my professional duty has led me to weigh well this objection, according to your principles. My answer is very short : the Bishop ordains in the first instance, which qualifies the character, for the living. The Prelate and not the Crown makes the priest. The Crown selects, only from your own Priesthood, the person whom it tliinks fit for the appoint- ment, and if there be no cause of refusal, the Bishop invests him with everything necessary to enable him to perform the functions of the cure. The reciprocal selection of the person appointed by the Bishop in the first instance for the Priesthood, and of the Crown for the oflice in the second instance, preserves a just balance between both. P. In our Church some orders qualify the individual to say Mass, othei's to confess, others far more. A. G. I beg leave to interrupt you. When the Crown presents a person not admitted to orders sufficient for tlie appointment to which he is nominated, the Bishop has leo'al cause to refuse. II tl 77 jrtify hia n wns a c-(*ssiv»'ly, iin^lhem ; ssiorn Ilia astic, ho King. I It AVOllld lovoreign lined of 3 CI lurch n Franco 3ses, and ntiti* and nothinpj : formally eceive a ractice in m of pri- , but my objection, V short : lilies the e Crown ^our own appoint- :) invests perform II of the e for the second 'idual to Crown for tlie lop has 1 P. If llio KintT presents in all cases, the Bishop will never have tlu^ iiK^ans of advancing; u faithful pastor. A. G. Tlu! IJishop, once aekiiowlcdLjcd, will become tho lieatl of his d«^partm('iit : you know tin* attention that ever lias be(Mi, anishop a jurisdiction over his clergy ; subject always to the con- trolling power of the King's Bench, and to the operation of the writ of Prohibition, and an Appeal, to which the Courts of the Bishops in England are subject. P. If the Wi'it of Prohibition is similar to the Appeal comme (Vahus in France, not a shadow of authority will remain to the Bisi)0)j ; every act of a Bishop was ultimately held in France to be an abuse of authority, and constantly set aside in the Parliaments. A. G. The writ of Prohibition is very different from tlie Appeal cnmme (Vahut ; by that all questions were re- examined, as well in fact as in law. The writ of Prohibi- * I liave no recollection whatever of Mr. P.'s ever luiving seen the King's instructions in my hands. Nor, indeed, is there such an instruction as that here mentioned. — R. ti( p.l eel h: hil coj atl of enl g([ th 79 con- tionis a prcrooffttivo wril, issued out ot'flio Kintj;% l^'iicli to jircvoiit tilt! lOcck'sijisiii ;il idkI tMlici- inlciior Courts IVdui pro- cet'iliii<^ in ciius.'s institiili'd Ix'tor* tliciM, in wliicli tlicy li;ivc' M(» jiirisdiriion, or in wiiicii tlu'v j)it>ci!»'(l contrary to hiw. Ti) what Court llio ApMi'ui uiusl lay is a subjocl tor considoration. P. You know tlml all furts at i)res('nt aro rotnovalilo at tiic ])loasuro of the Hisliop. [n tlic lirst ostaMisliinont ot'tlic Trovinct' it was otlic-rwiso; but afterwards, tipon tho creiition of the Seminary of Quebec, Monseigneur iJtiLaval got it WxqA as they aro at [)resent. If the Kini^ presents, the rure ought to bo removable at the Ivishop'ti j)l('asnrc. A. G. 1 think very ditfe.renlly. The spirit of our con- stitution grants every oirh!j during good Ixdiaviour; every rector is removable oidy for misconduct. It seems also highly expedient that a vUre should know his parishioners well, and consider liimself as fixed among them. In times of difficulty, a euro long resident among his tlock can guido them better than a new comer. Mutual contidenco is not the result of a f.hort and transitory acquaintance, and without that, nothing effectual can be done by the pastor at such a moment. I will tell you frankly that cures, dependent upon the will of the Uishop, would bo but little subject to the (control of Government. If this was the case, the situation of the euro would not be envi- able ; nor could you expect that the better class of peoplo would educate their sons for the Church. Your court of the l^ishop would be perfectly unnecessary, and the pre- sentation of the Crown an idle ceremony, if the Bishop could aft(.'rwards remove when he pleased. P. The situation of a euro under such restrictions would be hotter than the situation of the Bishops of Can- ada at pit out. For m)^self, I have enough ; I am in acur« which give:> me all I want; but ]3ishop Denaud is in pov- erty, holding -i living, and acting as a parish priest, in direct contradiction to the canons. A. O. My mind on that subject is completely made iij). The (rovernment acknowledging your religion, and avow- ing its officers to be officers of the Crown, should provide for them as for all others. The Bishop should have enotigh to enable him to live in a splendor suitable to his rank; and the coadjutor also in proportion. i IS 1' p rr I "' 80 P. I do not wish to see the Bishop in splendor ; but I wish to see him above want. I do not wish to see him in the Legislative or Executive Councils ; but as an ecclesias- tic, solely entitled to the rank which is due to him in society. A. G. When I said splendor, i qv.alified the expression by calling 't a splendor suitable to his rank. I mean by that, that his income should be that of a gentleman, and equal to a proper expenditure. There is, in fact, no such thing as splendor in Canada. P. V'^e mean the same thing, but there is great deli- cacy in this matter. If the Bishop was pensioned, and re- linquished his right of nominating to the cures, the pub- lic would not hesitate to say that he had sold his Church. A. G. To stop the public clamour is an useless attempt. If matters of state were to be staid for fear of popular abuse. Government would be able to do but very little; the governed but seldom approve. In our instance, if the mat- ter is viewed as it ought to be viewed, the world must be satisfied that instead of relinquishing a right, you have, in fact, none to relinquish. You abandon the shadow and receive the substance. Surely this is a sufficient answer to any vulgar declamation against a Bishop who makes terras highly advantageous for his Church, and must be satisfac- tory to himself. P. I do not know ; it is his affair. A. G. There is one idea which I wish to suggest, that if you ever mean to fix the officers of your Church upon any footing, this is the moment ; the present Lieutenant Gov- ernor is a gentleman of most liberal principles ; he has been long enough in the country to know all that relates to it, and is well disposed to serve you, is on the point of going to England, where this matter must be settled. P. I am well aware of all this ; whatever is to be done must be done now. A. G. If I say what I ought not to say, you will excuse me ; but I feel convinced that if you forego this oppor- tunity it will never return. It is your interest to avail yourself of the present moment to mak ^ the best terms you can. oi sil ai "11 dc 81 and done 1) P. You cannot say anything which can either hurt or oftend nie ; I consider this as a tree communication on both sides, for etfecting a very important object, which, without an unreserved communication, can never be etlected. A. G. I have a word to sav as to mvself, before I leave you. It has been said tliat you or Bishop Denaud have declared me to be (he enemy of your Church : you have heard what my sentiments are, do you see in them any- thing that is hostile i What I have said I am ready to avow, when required, and to support as far as de])end3 upon me. I have not the honor to think on all points as you do; but I am not less a Christian than yourseU"; to be the enemy of your Church, would make me the enemy of Christianity. P. You are misinformed : the Bishop or myself may have said that an Attorney General would, if a bad man, be the enemy of our Church ; but never with reference to yourself : we have known you too long, and been too often assisted by you, to harbour such an opinion. A. G. It would be painful to me if you did, and if such an idea has ever crossed your imagination, my present con- duct will, I am sure, prevent your admitting it a second tim ;. It is near your hour of dinner, and I will not take up any more of your time at this moment. P. I am much obliged by the time you have bestowed upon me ; but I did not mean that you should have had the trouble oi' calling on me. A. G. The trouble is nothing, and I shall, witli great ■pleasure, wait upon you again, after you have retiected upon our conversation, }'t any time you may appoint. P. Pardon me, I shall come to you. A. G. That is as you please. P. At what hour can I be sure of finding you at home ? A. G, Every morning at 8 o'clock : we breakfast at that hour, and I shall be l^appy to see you whenever you may like to partake of it. P. You are a more early man than Englishmen in gen- eral, though I believe we liave many Canadians as fond of their bed as any people. A, G. I shall then expect you. r f '■I'i .1 =1' »' ! 82 P. You may : somctliing must "be done ; and tliougli we may dillbr in the detail, I trust we sliall not in the out- line. If we do ditler, we must be temperate, and in tliat case we shall ultimatel}^ agree. I am, however, but a sub- ordinate oHieer ; I mus.t first write to the Bishop, and when I know his sentiments I will see you again. A. G. Certainly ; but keep in mind what I have said, that you never can obtain anything inconsistent with the prerogative of the Crown, nor any right that a Bishop of the Church of England does not possess. { ^i If .V-* TO THE LORD BISHOP OF QUEBEC, BY MR. RYLAND. Quebec, 26i/i January^ 1806. My dear Lord, — I did myself the honor of writing to Your Lordship, a few days ago, to inform you of the death of the Rev. Mr. Denaud, being apprehensive of the ill con- sequences that may attend a premature ai-rangement res- pecting his successor. I have, to the very utmost of my power, endeavored to impress Mr. President Dunn with a sense of what I conceive would be his proper line of con- duct on this occasion ; and above ah things, I have endotx- vored to dissuade hin) from a formal acknowledgment of Mr. Plessis, as Superintendent of the liomish Church, till His Majesty's pleasure respecting that situation shall be declared. I am firmly of opinion, that no evil, but, on the contrary, infinite advantage to His Majesty's service would result from adopting this line of conduct. With a view of enforcing my arguments on this head, I yesterday pre- vailed on Mr. Dunn to consult the Attorney General, whose opinion perfectly coincides with my own. But to my infi- nite grief, vexation and disappointment, the President has determined to admit Mr. Plessis to take tlie oaths in Council to-morrow, notwithstanding he is fully apprized of the pro- posal that is now under the consideration of His Majesty's ministers, for giving to the Crown its due influence and authority respecting ecclesiastical matters in this Province, and ibr defining and establishing, by a written instrument, the rights, powers, and prerogatives of the person to whom His Majesty may intrust the management of the affairs of 83 of con- endoti- lent of •ch, till lall be on the would view y pre- wliose y infi- nt has ouncil e pro- Ijesty's c and vince, ment, U'hom virs of the Romish Church. After all, I see no reason why an order should not bo immediately transmitted from home, prohibiting the assumption of the title of " JVishop of Que- bec," by any prelate professino- the religion of the Church of Rome, and further directing thai no ecclesiastic be ac- knowledged as Superintendent of the Romish Church, but by virtue of a Commission under the great Seal of the Province, wliich Commission should contain such limita- tions and restrictions as His Majesty may please to direct. l>ut, liowcver injurious it may be to admit Mr. Plessis at this moment, I imagine it will not be deemed expedient to set him aside, provided he is willing to subscribe to t)ie terms proposed. It, nevertlieless, appears to me, that it ^ might greatly tend to promote the views of Government, were an Assistant Superintendent to be sent out from Eng- | land, could a French emigrant Bishop be found, of a liberal ' mind, MTapproved"loyaT!y,"'wTK) would 'accept the situ- \ ation on the terms ollered by Government. This idea j occurred to me after I closed my last letter to Your Lord- \ ship, and I have mentioned it to the Attorney General, who | agrees with me in thinking that such a measure might ) greatly tend to establish the authority of the Crown, and ^ to fiustrate those petty intrigues and cabals, which family connexions, and a want of liberal principles, cannot but occasion here. I venture, therefore, to submit this thought to Your Lordship's better judgment. I am, at this moment, too much limited for time, to say an hundredth part of what I could wish to say on this subject and others nearly connected with it ; but respecting which Your Lordship is already, in a great measure, acquainted with my sentiments. I must content myself, therefore, with barely adding, that it appears to me of infinite consequence to seize the pre- sent moment ; that it may be long, very long, ere another equally propitious may occur, and that till the Crown shall exercise its just rights with regard to the patronage of the Romish Church in this country, its energies can never be called forth with efiect in favor of the parent state. I hf ve the honor to be, &c. |r3 4i- ill:' i I'i • 84 1 have kept my letter open for tlie purpose of iiifonnii\<^ Your Lordship liow the matter has passed in Council, and I liave now the mortitication to add tliat n.y re[)resehta- tion has been of no avaih Mr. D. liavinn; determined to admit Mr. P. to take and subscribe the oath as " I'ishop of Quebec," and by liis special direction, this title has been entered on the minutes. The next, and concluding step, will be to appoint a co- adjutor in the same easy way, which I observe Mr. I'lessis is anxiously pressing for ; and thus will the patronage of the Romish Church in this colony be completely dei'ived from the same holy personage who crowned the pious Em- ])eror of the French ; for it is to be particularly remarked, that all the authority given by the Executive Government here, is considered by these people as a perfect nullity till confirmed by the Pope ! I am now going to write on this subject to Sir K. S. M., but I must earnestly request Your Lordship will not inform him of this letter, for reasons which your knoMledge of certain circumstances renders it unnecessary for me to state. Mr. Y. will write both to Your Lordslnp and the Governor by this opportunity. I did not fail pointing out to Mr. Dunn a particular passage in a despatch, marked secret and separate, from the Duke of P., written in the month of January, 1801, and :o which I hope Your Lord- ship will be able to have .\'.'oOt-f". MR. RYLA^^D TO THE LORD BISHOP OF QUEBEC. Quebec, ^rd February, 1806. My dear Lord, — Li my letter of the 2Gth January, I informed Your Lordship that, in consequenc^e of the death of Mr. Denaud, the President had determined to admit the Rev. Mr. Plessis to take the oath of allegiance in Council as R. C. Bishop of Quebec, and I have now to m-^ntion that he has in like manner determined to admit the Rev. Mr. Panet to take the oath as Coadjutor, without either waiting ^ ;r His Majesty's pleasure, or for any other r rinin"e of lerived lis Em- larked, nuncnt [ity till inform edge of me to n\d the lip; out larlvcd jj\ the Lord- 5EC. |806. |Liary, I death admit mce in low to admit I'ithoiit other 85 sanction whatsoever ! This stop, let whoever might be the object of his choice, I cannot but consider as in the high- est degree injudicious, particularly as the knowledge which Mr. Plessis had of the measures that are in contemplation, affords so fair a pretext for delay, and for referring the appointment to His Majesty's decision. But where is the layman sutficiently free from vanity, who at seventy-three years of age would let slip an opportunity of making a Bishop ? In the present instance I am truly sorry to observe that the impolicy of the choice is almost equal to that of tilling up the appointment at all. Mr. Panet, I am told, is brother to the speaker, and Vour Lordship knows enough of this man's character to judge of the consequences which may naturally be expected from giving t-uch great additional influence to him and his connexions. If on the 24th June, 17 92, according to an affidavit made in December, 1794, which I hare ever since had in my possession, he felt himself bold enough publicly to declare at the Church door of Charlebourg, "Que s'il pouvaitfaire entrer Monsieur Barthelot dans la Chambre d'Assemblee, ils fouleraient les Anglais sous les pieds." What may he not now venture on, when he sees the whole patronage of the Romish Church throughout the Province, and the prodigious influence attending it, eventually vested in his own family ! But it is said his brother is a mighty good sort of a man — a mighty good sort of a man ! — Oh 1 those mighty good men, those very loyal subjects, so devoted to His Majesty's service, make my contempt and indignation rise to a height that almost chokes me ! Your Lordship knows very well here is not a man to be found, from Mr. Speaker hiraselt Jown to the fellow who holds a lucrative office in the Court of K. B., and who has lately sent his son to join the banditties of Mr. Bonaparte, who is not, when he thinks it will suit his purpose, brim full and running over with loy ity : but Your Lordship is too clear-sighted and too well acquainted with the real sentiments of these people to be cajoled by their fair speeches ; would to heaven that this were the case with every man who may have it in his power either to support, or to compromise the interests of the Crown in this Province. But I must now beg leave in one w • d to inform Your Lordship, what, in my humble judgraeiit, it 86 :[| i r I t ! would be most ailvisablo to do under the present circum- stances ; and that is noth'm(j^ nothing, unless it be thought oxitedicnt to set arndc the appointment of Mr. Panct, by one from home, as suggested in my former letter ; but let matters here take their course till another vacancy, or till the per- sons, now so unofficially acknowledged, find, as they sooner or later must do (unless the most impolitic interference imaginable takes place on the part of the King's Repre- sentative,) that they are unknown to VL\5 Majesty's Courts, and altogether destitute of any legal autliority. When they are made sensible of this, in the only eftectual way, I mean by common process of law, there is little doubt but they will gladly throw themselves on the boimty of the Crown, and thankfully accept the powers they are in want of upon the terms so long since prescribed in the Royal Instruc- tions. But I may venture to predict that the object in contemplation will never be accomplished with any solid advantage to His Majesty's service, by coaxing and intri- fruing in which these gentlemen are infinitely better adepts than any representative of His Majesty can pretend to be. I am, with sentiments of the highest esteem and respect. n. w. R. THE ATTORNEY GENERAL'S REPORT TO HIS EXCEL- LENCY THE LIEUTENANT GOVERNOR, RESPECTING THE jAUSE of BERTRAND AND LAVERGNE, DATED 22d FEBRUARY, 18(l5. To His Excellency Sir Robert Shore Milnes, Baronet, Lieutenant Governor of the Province of Lower Canada, etc. 'etc. May it please Your Excellency, — In obedience to the coinman'Js of Your Excellency, I have the honor to report llie present state of the case of Bertrand and Lavergne. Mr. Bert and is the cure of the parish of Saint Antoine of the Rivei des Loups, and Mr. Lavergne one of his parish- ionert}. Tht parish of Saint Antoine, which was erected in the year IV 22 by His most Christian Majesty, was, in the year 1800, by the Coramissioners appointed for the building and I 1: F ;um- ught J one itters 5 per- oonor rence lepre- ouvts, 11 they mean L they Drown, fiipon nstruc- ject in ly solid d intrl- • adepts i to be. respect. R. IXCEL- ICTlNa IDATED icutenani pe to the report Ignc. Lntoine , parish- in the Ihe year ling and 87 reparation of Clmrches under the Ordonnanco of 1 780, and by the Titular llonian Catholic IHishop of Quebec, divided into two parishes, under the names of Saint Antoine and Saint Loon le Grand. Mr. Lavergne happened to reside in that part which was supposed to become the new parish of Saint Leon, and was sunmioned by Mr. Bertrand, v>'lio was appointi^d by tlio Titular Roman Catholic, Bishop to officiate as the ciire of both parishes, to furnish l^, pain bcni to the new church of Saint Leon, which he refused to do, alleging tliat there was no sucli parish. Upon this refusal, Mr. Bertrand instituted his action in the Court of King's Bench for the district of Three Rivers, against Mr. Lavergne, to coin])el him to furnish and deliver the pain heni to him as cure of Saint Loon, which Lavergne again refused to do, alleging that he was a parishioner of the parish of Saint Antoine, that Mr. l^ertrand was not the cuH of Saint Leon, as he had alleged, and that there was no such parish as Saint Leon. The Judgment of the Court of King's Bench for the District of Three Rivers being in favor of Mr. Bertrand, Mr. Lavergne brought up the cause to the Court of Appeals ; and before it came on, to be there heard, fyled a petition, stating that the Crown was materially interested in the decision of the question involved in his defence, viz : " Whether the right of erecting a new parish was not, by " the laws of Canada, exclusively vested in the Crown," and therefore praying that the Attorney General might be made a party to the suit, which, after hearing counsel on both sides, the Court was pleased to order, and this is the present state of this cause. All which, nevertheless, is very respectfully submitted, by Your Excellency's most humble and Most obedient servant, J. SEWELL, Attorney General, Quebec, 22nd February, 1806. a II I ^* 'I '1 I 1 , - : 88 ^^ IN THE COURT OF APPEALS. ii f ■* , >■ i -'( y r 4 PIERRE LAVERGNE, et al., Appellants ; t'«. LAURENT BEIITRAND, PIERRE LAMI, PIERRE RIVARD AND CHARLES PAILLI, Jiespondents i ANT> JONATHAN SK WELL, EsqumE, His Majesty's Attorney General of and for this Province of Lower Csmada, for and on the behalf of our Sovereign Lord the King, Intervening Party. The said Attorney General for and on the behalf of our said Sovereign Lord the King, in obedience to the rule or order of this Honorable Court, in this cause made on the twenty-seventh day of April last, for moyens d'' intervention and conclusions^ saving nevertheless and reserving to our said Lord the King the benefit of all other moyens dHn- iervention and conclusions whatsoever, doth propound and allege as follows : That there is no pucli parish as the pretended parish of Saint Leon le Grand, nor hath any such parish at any time l^^n legally erected in this Province. That by the law cf the land the right of erecting parishes in this Province is vested solely and exclusively in our Sovereign Lord the King, and not in any other person or persons, body or bodies politic or corporate, lay or eccle- siastical. That the office of the Roman Catholic Bishop of Quebec was annihilated, and all the powers inherent therein trans* ferred to His Majesty by the capitulation of Quebec and Montreal, by the conquest of Canada, the treaty of peace of 10th February, 1708, the Statutes 26 Henry VIII, cap. 1, the 1 of Elizabeth, cap. 1, and 14 of George III, cap. 83, and that the said oflice hath not at any time since been by law re-established ; that no such office as Superintendent of the Romish Churches hath at any time existed in this Province, and that no person or persons hath or have been ii 89 of time ebec rans« and ue of p. 1, 83, n by it of thi8 een ii at any tinio appointed by our Sovereign Lord the King, or under liis authority, lo such ofllce. That admitting, that in law tlierc exists such a character as the lioman Catholic Bishop of Quebec, yet all the rights and powers of his office with respect to the erection of parishes, was taken away and destroyed by the thirty-first article of the capitulation of Montreal, dated the 8th of September, ITfU), and have never been restored. That the ( )rdinance matle and passed by the Governor and Council of the late Province of Quebec in tlu; 31st year of His Majesty's reign, intlt'jled, " An Act or Ordinance " concerning the building and repairing of churches, par- " sonage houses, and church-yards," i?, wholly and altogether null and void for the following among other reasons : because it is repugnant to the Statutes 2G Henry VHI, cap. 1, and 1 Elizabeth, cap. 1 ; because it is an Ordinance touching rehgion, and never received the assent of His Majesty ; because it is an Ordinance which lays a tax or duty, to wit, an assessment on the inhabitants of the several parishes of this Province, for the building and repairing of churches, and for other purposes ; Because it abridges the King's supremacy and royal prerogative, is in express contradiction to the letter of the capitulation of Montreal, and consequently as it infringes upon the rights of the Crown, and the principles of the constitution of the colony, far exceeds the powers vested by the Quebec Act in the Governor and Legislative Council of Quebec ; Because it empowers the Titular Roman Catholic Bishop of Quebec to exercise in virtue of his office an authority derived from the See of Rome, which by the law of the land cannot be done in any of His Majesty's dominions, without the assent of the King, Lords and Conjmons of the Imperial Parliament of the United Kingdom of Great Britain and L-eland. That (admitting the above mentioned Ordinance to be in force) it authorises the Governor of the Province, and the *] Itular Catholic Bishop of Quebec, with the sanction of the Crown, to make an extra parochial circuit ol ground into a parish and no more, and does not authorize them to destroy, limit, or divide a parish already erected. ^' 'k 'il„ II ( 1> h 'I. '» (5 ! i i 'M 1 ■ f f j: ': 1 ,< 1 90 Tliat the Ordinnnco aforesaid enacts that tlie same course sliall be j)ursuc(l as was re((uisite before the coiKjuest, according to tlie laws anishoj>, and for their support all the tithes in the country were vested in the Seminary.f In 1G07, the titlios of each particular parish was by a Royal Edict vested in the cure to the exclusion of the Semi- nary, and the cure was declared to be an incumbent for life. I3y the same Edict, the patronag-e of each church and livinc^ in the country was vested in the founder, and where the seignior was willing, (as well as others in his seigniory,) to found a church, the patronage was declared to be his in preference to all others.| In 1G99, another lloyal ICdict was issued, which after reciting, " That the inhabitants of New Franco liad not " availed themselves of the permission given to tlieni by " the Edict of 1007, that no churches had been founded, and " that the ' natural ' right of the Bishop to erect v^hurches " had been frustrated," enacts, " That the Bishop may erect " [/aire hdtir) churches of stone in all the parishes in " which none are erected, and that the patronage of all such " churches, should be vested in him."| The Governor, (I have been often told,) interfered, before tlie conquest, in the appointment of the cures, notwithstand- ing this Edict, but in what way I have never been able to establish. It is, hovi^ever, immaterial, because there is no Catholic Bishop of Quebec by law. His oflBco became extinct at the conquest, and the patronage of the benefices formerly, and the Edict of the Bishop, is devolved to His Majesty .§ • Charlevoix, Vol. 1, p. 340. \ Edicts and Ordinances, Vol. 1, p. 2*7. t Edicts and Ordinances, Vol. 1, p. 243 to 245. I Edicts and Ordinances, Vol. 1, p. 282. § Mariot's Report, p. 209. r hi [A jj lit , :;| I* •I'f 'i: fv f; A V v^ ^ ^ '} # ^^.^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ■ 50 ■ 25 i 2.2 I.I 1.25 ^Uo {|Z0 ■ittai. 1.4 11.6 6" Photographic Sciences Cbrporation e4^ i •N? f\ iV N> '% ^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4' t I 92 TO THE LORD BISHOP OF QUEBEC, ACCOUNT OF SIR JAMES CRAIG'S ARRIVAL IN CANADA. Quebec, 11 th October, 1801. My Dear Lord, — I Lave had the happiness to receive Your Lordship's letter, by the Honorable and liev. Mr. Stewart,* who appears to me to merit every eulogium your Lordship can bestow on him. I admire his zeal, I venerate his principles, and from my soul I wish him all possible success in the highly laudable mission he has undertaken. The President is on every account most heartily disposed to promote the object in view, and Your Lordship may be assured, that no endeavour of mine will be wanting to the same end ; but you will know, long before this time, the great change that is about to take place here, and which, probably, will remove me from the only situation that can enable me to contribute to the accomplishment of Your Lordship's wishes in any mattei-s of a public nature. The Ministry has at length taken a most decisive step with respect to this country, and, at the same time, the wisest that could be adopted for its preservation and happi- ness, and, 1 hope and trust, that henceforward the Civil Government of this Province will never be separated from the military command. Your Lordship expresses a wish to know how we go on, and I am extremely sorry that time and circumstances will not permit of my giving you the information you desire. I can '^nly say, that during the last twelve months I have had a more difficult and arduous duty to perform than has at any time been imposed upon me during the fourteen years preceding, and I should be very glad if Your Lordship could obtain an opportunity of ascertaining this matter by an inspection of the correspond- ence from home since the month of January last. I flatter myself, the Secretary of State will have received a series of despatches which, if. read with attention, will not only give him a general and useful knowledge of the state of things here, but also a particular insight of certain leading characters, whose utmost endeavors have been exerted to defame and injure the President,! with a view of their own ♦ Afterwards Lord Bishop of the Diocese. f Mr. Duno. :•§ 93 rP OF SIR )A. er, 1807. 5 to receive 1 liev. Mr. )gium your , I venerate all possible indertaken. ly disposed lip may be Ling to the is time, the and which, n that can it of Your ture. 3cisive step } time, the and happi- d the Civil rated from ies a wish that time you the uring the arduous )sed upon lould be rtunity of rrespond- I flatter a series not only state of leading erted to heir own priv,ite interests. I particularly allude to that contemptible animal the C. J.,* to his worthy /r/cnrf and coadjutor, * * * * (of whose treacherous, plausible and selfish character I have never had but one opinion,) and to that smooth- faced swindler whom the Lieutenant Governor has taken 80 affectionately by the hand, as the man, who, of all others, comes nearest in ])oint of knowledge, virtue and ability to the great Tom of Boston. To these worthies, I must beg leave to add a pudding-headed commanding officer, who, if the President had given in to all his idle camclian projects, would have introduced utter confusion into the whole system, civil and military. I am sorry not to be at liberty to speak more clearly ; but unless Your Lord- ship can have access to the correspondence in question, these matters must remain a kind of enigma till I have the happiness of seeing you again.f There is, however, a be- loved friend of mine, who, I trust, arrived in England about the beginning of September, with three sweet children, and who can give Your Lordship some idea of these matters, should you be inclined to enquire concerning the Jesuits' Chapel, the system for the Indian Dej)artment, the Courts of Oyer and Terminer, the lease of the forges of St. Maurice, the plan for calling out the militia, &c., &c. To that friend, therefore, I must refer Your Lordship, and shall now only add that, thanks to the wisdom and vigilance of His Majesty's ministers, our apprehensions, embarrassments and difficulties, are all done away. The reinforcements so pru- dently sent from Halifax are arrived. We look only with anxiety for the Governor General and Commander in Chief, whose established fame assures us that a better choice could not have been made. Should Your Lordship not have had an opportunity of honoring me with your recommendation to him, it is pro- bable my services will be dispensed with, and in that case, I * Chief Justice Alcock. f A rather amusing account, it must be acknowledged, of some of ins brother Bureaucrats, by the frank old Secretary, who, however, very probably knew them well. May it not be possible that some of our latter day Bureaucrats, alias Responsibles, are at this moment writing aa much of their comrades, which, like this, some fifty years hence, may come to light, to the equal amusement and amaze- ment of the world ? tSi Hf 94 ♦^ k ' \h Vi 5 ' t! III (r I * ff i. ., I 1^1 :• ■ : ■•1' |-; m think, I may fairly hope to be indulged with leave of absence, to join my '■vife and cliildreu in the spring, the sight of whom, and of my dear native country, will infinitely more than compensate me for the loss of a place which requires a degree of exertion that I am less and less equal to every year. Should I remain as Secretary to General Craig, I have it in contemplation to lay before him a copy of my letter to Lord S., concerning ecclesiastical affairs ; but this I shall not think it prudent to do till I have ascertained how far his sentiments, with respect to these subjects, may be expected to accord with my own. 22nd October. The day after I wrote what goes before, I was awakened very early in the morning, by a message from Mr. Dunn, informing me he had received an express from Sir James Craig, and that the General was just at hand. I dressed myself immediately, and got on board the frigate with Mr. D.'s answer to the General's despatch, before the ship cast anchor, and before any other of the public functionaries knew she was at hand. I found the General, as he had stated, extremely ill, in bed ; but he received me with great politeness, and, after enquiring concerning my ap- pointment as Secretary, he begged I would do him the favor to remain in the same situation with him. I never, in my life, was more pleased with any person at fii-So sight ; and, although I saw him under every disadvantage, he struck me as a most amiable, intelligent, decided character. He landed about one o'clock, after which I saw him only for a minute, for he was so unwell, he earnestly desired to be left alone. Yet that curious beast, the C. J., after intruding himself with unparallelled assurance upon the General, liefore he landed, forced himself upon him again at the chateau, when everybody but the President had withdrawn, and most impudently sat the latter out. There is little doubt that he ventured on this proceeding for the purpose of recommending as Secretaries his intend- ed father-in-law, * * * and a young man, named Bra- zenson, or some such name, whom he brought out with him from England ; but his scheme entirely failed, and his folly will fall on his ov/n ,< ,1 u \\ kL P ■i.(, pate. Mii'-t ^^ I 95 of absence, the sight of nitely more ich requires lal to every ral Craig, I 3opy of my ■s ; but this ascertained bjects, may October. s awakened L Mr. Dunn, Sir James I dressed ite with Mr. le ship cast mctionaries as he had d me with ng my ap- o him the I never, fii-Su sight ; ntage, he character, him only |tly desired he C. J., a nee upon [upon him President latter out. roceeding is intend- ,med Bra- out with iled, and I have transacted business with the General every day since he landed ; but he has not yet been able to undergo the fatigue of being sworn in. Last night, ai his particular request, I passed an hour with him and drew up a codicil to his will. This circumstance will tend to shew Your Lordship what kind of a man he is. He ia, I will venture to sa}'^, precisely the man in every respect which this coun- try wanted ; and I feel, both from public and private mo- tives, a degree of grief at the thought of losing him which no words can express. 25th October. I have the satisfaction to inform Your Lordship, that the Governor was sworn in yesterday, and that he went through the fatigue of the ceremony without feeling the worse for it. He had a good night, last night, and continues mend- ing to-day. Oh ! if I could, if I could but flatter myself he would regain his health, I should become a new man, different, entirely different from what I have been during the last eight years ; I should look forward with infinite delight to the moment of reunion with my wife and chil- dren. I should almost forget that I am surrounded by scoundrels ; and, for the love of this one just and honorable man, I would bury in oblivion the mean jealousies of a contemptible self-sufficiency, and the false professions of smiling deceit. But should it please Almighty God to re- move from us this incompa .able man, and should there be a chance that the Civil Government of this Province is again to be disunited from the Military Command, I do hope Your Lordship will favor me with your utmost interest towards enabling me to make the exchange which Mrs. R. will tell you I have in contemplation. I can now only add my most sincere good wishes for Your Lordship and family, and, trusting you will have the goodness to excuse the great freedom with which I write, I beg leave to subscribe myself, with sentiments of the highest respect and esteem. My Lord, Your Lordship's Most devoted, and most faithful humble servant, H. W. R. f 96 f t: » ;' ! hii It I '. t \ m i::: . '^. 1 1 ' ;i'^ |i^ SIR J. H. CRAIG, K. B, TO LORD OASTLEREAGH. QuEDEC, 15 /A Au f EAGH. t, 1808. itition to a remedied, confess to \ omission itli is, that 1, I really ration tlie Provincial ef Justice iciency in jeorge III, Y that Act, md at this The Lord Mr. Baby, Mr. Monk, ereau and ip. These )f the late ongueuil, Pownall, n signified ermission I, be filled lo succeed Itorecom- |St. Ours, rchants in m at the jwho has (mbers of Id himself lotives of ppectable ij 07 family, one of the ancient noblesse, and, I believe, warmly attached to His Majesty's Government. In order to prevcMit the recurrence of a similar incon- venience, to which the very advanced age of several of the members render us extremely liable, I beg to add a recom- mendation that two additional members may be appointed, and to propose for the purpose, John llale, Esq., the Deputy Paymaster General, a gentleman of high character, much respected, and perfectly acquainted with the Province, and Mr. Antoine J. Duchesnay, a gentleman of one of the old families of the Province, of respectable private character, and who lias always manifested the best disposition toward His Majesty's service. Your Lordship will, I am sure, excuse my requesting as early an attention to this subject as may be compatible with Your Lordship's conveniency, as having great doubts of the legalitv of a Parliament that miijht be held under the circumstances of a deficiency in the number of members required by the statute to compose the Legislative Council. I shall abstain from calling it together until I am honored with Your Lordship's commands. While on this subject, I think it right to acquaint Your Lordship that, having found it necessary to supersede Mr. Craigie in his appointment as Deputy Commissary General I have not thought that it would be proper under such circumstances that we should meet together in the Execu- tive Council, and I have, therefore, since the period of his supersession ceased to summons him. Mr. Craigie is an honorary member. As the want of a sufficient number of members of this Board is attended with great inconvenience, particularly as to the sittings of the Court of Appeals, I beg to recommend Mr. Louis de Salabery to supply the deficiency occasioned by the circumstance that has occurred with respect to Mr. Craigie, as well as by the necessity that gentleman is under of going home for the settlement of his accounts. Mr. de Salabery is a very respectable Canadian gentleman, whose best services have always been at the disposal of His Ma- jesty's Government. He is a member of the House of Assembly, and has been so in every Parliament since its establishment. He meant to have retired from it on the p1 k lii !l' ft 'S I .1 ■I ft 15 . i!ii:' i ii''!'- in::' : ll (I 98 present election, but was induced to stand again at my desire. To Mr. do Salaljory I beg to add a reconimondatiou also of Mr. James Irvine, a mercliant of iilo-h res})ectability and character. In this recommendation I have not only in view the replacing one of the vacancies occasioned by the decease of members, but it is my wish also to have in the Council a gentleman of mercantile knowledge, well used to business, who can assist us much in questions which may arise relating to that subject, as he can also be of material service in all matters of account on which there are con- stant references before the Board. Messrs. McGill and Richardson, who are both members of that description, reside at Montreal, and consequently can only give an occiisional attendance. I have the honor to be, My Lord, Your Lor ' 'n's most obedient humble servant, J. n. CRAIG. SIR J. H. CRAIG, K. B., TO LORD CASTLEREAGH, CON- CERNING THE SYSTEM ADOPTED BY THE EXECUTIVE COUNCIL, WITH RESPECT TO GRANTS OF THE WASTE LANDS OF THE CROWN. Quebec, 13//t November, 1808. My Lord, — Having lately had under consideration the state of the public business that regards the granting of the waste lands, under His Majesty's instructions, it has been my wish, in which I have met with the concurrence of the Council, to simplify the proceedings hitherto held upon it, with the view of correcting the delays, and obviating the difficulties that have occurred, to the great inconvenience and embarrassment of individuals, some of whom have not yet been able to obtain their patents, although favorable reports on their applications have been made by the Coun- cil, years ago. I have reason to believe that these delays and difficulties have, at all times, but particularly lately, operated to the discouragement of no inconsiderable num- J 09 gain at my nunc 11(1 atiun espoctubility } not only in oned by the have in the well used to which may 3 of material ere are con- McGill and description, nly give an servant, [. CRAIG. EAGH, CON- XECUTIVE HE WASTE |6fr, 1808. leration the mting of the it has been rrence of the |eld upon it, )viating the Iconvenience Whom have Jb. favorable [y the Coun- phese delays larly lately, jrable num- ber of valuable settlers, llJLiflilaiul families, who, under the circumstances of the slate of the public mind, and the violence of party dispult-s in the United States, had turned their views to this I'rovince. One no small dilliculty that occurs in the progress of this business has, 1 thiidc, been raised by the Council themselves, who., as it a})pears to me, have misconceived the tenor of a corres})ondence between His Grace the Duke of I'ortland, at that time Secretary of State for the Colonial Department, and Lieutenant Gover- nor Sir llobert Milnes, and have in consequence assumed as a principle in their proceedings a restriction that was not in llis Grace's contem])lati, of ."itii.Iune, 1801), witli the view of directing Vour Loidsiiip's attention more fully to the spirit tiiat cliara«'(<;rizes these Assemblies, I y should avoid trespassiinj^ upon Vour Lordship's time by any otherwise advertinn' (o tint dissolution of the former I'arlia- ment, were it not that I confess I t'eel a little anxiety to bo permitted to explain myself something further on the jsubjeet, under the presumption that I have been unfortu- nate in that respect, and that in consequence (1 jui i'MMMiiMMHhi Ill it were irregu- ly understood ; jlves the pay- d do away the ow established or rather by a jy expected to it admitting of he Legislature, to year, assura- J management, it, of which they 3iint on princi- 1 future would by that means country, by a vote that necessary sums ernment of thia voted addresses if the Imperial that this House cZ/ all the Civil nee." of tlie Legisla- ^iously pointed y only and so that they had lid pay a large ep to ascertain ey had neither em (for Your e to obtain that ad passed that y return of the ended for that wever, of any of the Execu- lecline forward- the Imperial self warranted in any otherwise interfering in the business until it had come before me in its regular progress, and I had prepared to be laid before them the estimate which they had required. I was thus waiting to sec the shape in which it would come before me when their procoe. 31, and the powers granted to Your Excellency by Ilis Majesty's Royal Letters Patent under the Groat Seal of England, is conferred to Your Excellency, to be exercised by Letters Patent under the Great Seal of the Province upon advice of the Execu- tive Council. Question 2. — Is there a distinction with respect to the power of erecting them, between Protestant and Roman Catholic parishes ; and if there is, in whom does the power rest of erecting the latter ? Answer. — The only distinction that in appearance of law can be offered in the case of Roman Catholic parishes, arises out of an ordinance passed by the Governor and Legislative Council of this Province, in the 31st year of His Majesty's reign, intituled " An Act or Ordinance concerning the building and repairing of Churches, parsonage houses and Church yards." If this ordinance should be considered as a part of the laws of this Province, it would most assuredly create a very great distinction between the erecting a Protestant and a Roman Catholic parish. To create a parish of the first description, there requires only the advice of His Majes- ty's Executive Council, previous to Your Excellency's exer- cise of the Royal prerogative, by Letters Patent under the great seal of the Province. But to erect a parish of the latter description, a course of proceeding must be had, through the interposition of " the bishop or superintendent of the Romish Churches for the time being," and this may be, in a considerable degree, considered as a limitation to the Royal prerogative, and the legal supremacy of the crown, over all matters spiritual, ecclesiastical and t<^mpo- ral, within this part of His Majesty's Dominions. This point of Your Excellency's reference, and the great importance of a legal question in His Majesty's Courts, upon the legality or nullity of the above ordinance impres- ses very considerable solicitude, in treating a subject of so much delicacy. m h 1 ' I! '-r I ' ! t' i ,:l'l •v< , I' j^' t f , I t: ( :' i'Vi I ' 1:' ' I I '11 114 At passing the Quoboc Act, a restriction was created by the 15th Section. "That no onVuMixma touchinn reliffion shall 1)0 of any force or it until the same shall liavo received His Majesty's ubation." And tlu! Royal Instriu,.ions to the then Governor, respect- ing the duo execution of the said Act, wert! made in tho very terms of tho above section ; to which was added a general direction, in the following words : " That all such ordinances" — to be made by the Governor with tho assent of the Legislative Council — " be transmitted by you within six months after their passing, or sooner, if oppor- tunity offers, to us, by one of our principal Secretaries of State, and duplicates thereof to our commissioners for trade and plantations, for their information ; That they be ab- stracted in the margins^ and accompanied with very full and particular observations upon each of them, that is to say, whether the same is introductive to a new law, or does repeal a law then before in beinc/ ; and you are also to transmit in the fullest manner the reasons and occasions for enacting such ordinances, together with fair copies of the journals of tho proceedings of tho Council, which you are to require from the clerk of the said Council." It is scarcely possible to suppose either that His Excel- lency the then Governor, did not clearly comprehend the extent of tho legal operation the ordinance was intended to produce ; and that it most essentially atFected ecclesiasti- cal and temporal rights, and was a law within the provi- sions of the 15th Section of the Quebec Act : nor is it to be supposed, that His Excellency, (assisted by a Chief Justice of the distinguished legal abilities of the late Mr. Smith,) could have failed, in due obedience to the Royal Instructions above stated, to have amply exposed the very groat altera- tions that ordinance was in its operation to produce upon tha actual laws of the Province, His Majesty's just and essential supremacy over the ecclesiastical interest of His Majesty's Government, and peculiarly those in which the Roman Catholic church was to be called into a participa- tion with the crown, even by a restrictive power, over the execution of the laws of the Realm. And I am the more impressed with this belief, when I consider other highly important parts of the Royal Instructions " upon matters Mm 115 t:' of ecclesiastical concern " that most empliatically enjoined upon the Governor, a strict exertion of the King's supr(;macy, to the exclusion of every power of the Church of Rome, by any of its ministers in this Province, not absolutely requisite for the exercise of a tolerated worship, which was alone declared to bo the boundary of political or legal claims, by His Majesty's Roman Catholic subjects. I beg leave further to observe that the ordinance above cited could not in any instance bo carried into etiect, but through the sanction of the Governor ; or persons by him legally delegated for that purpose. And I must presume, upon a measure of so much importance, thatllis Excellency neither personally nor by any delegated authority, (un- til the Royal approbation of the ordinance had been pre- viously obtained) granted his sanction to the execution of a law, that in my humble opinion was made, if not in direct terjiis, yet in its consequences, repugnant to Acts of Parliament and the Royal Instructions.* Nor do I confine my grounds of belief solely to tht circumstances above stated. A provincial statute passed in the 34th year of His Majesty's reign " for the division of the Province of Lower Canada for amending the Judicature thereof, and for repealing certain laws therein mentioned.'" In the 8th Section of that Act, it is expressly declared that the ordinance above cited, of the 31 of His Majesty, chap. C, " For building and repairing churches, &c.," shall not be by the said statute revoked or repealed ; which carries, at least, a legal implication of Legislative approbation ; for it is to be observed, that this Provincial Statute was reserved in the terms of the Canada Act, chap. 31, sec. 22, for His Majesty's approbation ; and the Royal approbation was granted and publicly announced, in the terms of the law, by the Gover- nor, Lord Dorchester's proclamation, and messages to the two branches of the Provincial Parliament. Nor have the arguments for His Majesty's presumed sanction to the above ordinance rested here ; the Governor or Lieut. Governor, delegated His Majesty''s power, vested in the Governor, to commissioners to carry the ordinance into efiect ; and pro- I * 25 and 26 Hen. 8 ; 1 Eliz. ch. 1 ; 7 and 8 Will. 3, ch. 22 ; U Geo. 3 ch, 83, S. 15, 18 ; the Royal Instructions to Gov. Carleton, nrdJanuary, 1775. } ' I I '1 * .(I I \ 'tl I I ':ii .■:i •:| I 1» I 110 coodingslmvoboon h.id tlioroon, and rntifiocl by n coiirso of legal controverRy in His Majesty's Courts, to cfftH^tuato tlio powers granted to tlio " Konian Catliolic IJisliop, or snper- mtondent of the Romish clnirclu's" liy the said ()r(liiiane<\* Whatever may be my opinion n[>on tb«' I»'!^^'lIily or tho nullity of tho ordinaniv^ above; stated, T cannot forbear to represent to Your Excellency tliat many endeavors have been made to draw the question into legal discussion and iudicial determination ; and that on all such occasions, I nave perceived those attempts to have created very consi- derable agitation and reasonings, tending to excite tho public mind in a manner highly prejudicial to the Uoyal prerogative, and the constitutional (Jovernmcnt of this Colony. Nor can I entertain a doubt that any thing less than iris Majesty's direct and express interposition u])on the subject, would prevent tho prejudicial agitation which may, in my mind, bo expected through the medium of various sources, that from the late disturbed slate of tho Colony, Your Excellency must but too clearly comprehend. And I beg leave to add, that Your Excellency must fully perceive the serious import of a h^gal controversy, so r\o\'A m His Majesty's Colonial Courts of Law ; and upon a question that may involve so extensive and so animated an interest, in support of an Act of the Provincial Legis- lature, that by Roman Catholic subjects may be represented as indispensably requisite to the powers of "their Bishop," and the free exercise of their religion, and that has subsisted and been acted upon, under circumstances so peculiar, and for so long a period of time ; and the very great import of a colonial judicial determination — if such should be made — that this Act of the Governor and Legislative Council, so circumstanced, was a nullity in law. Upon the latter part of Your Excellency's second ques- tion, I have to submit to Your Excellency, tliat under tho best consideration I have as yet been able to .bestow on the subject, I am induced to think that His Majesty's supre- macy in all matters ecclesiastical and spiritual — and of which the erecting of parishes I consider to be one — has not been revoked by tho ordinances of the Governor and * Vide Case in Appeal of Lavergno vs. Bertrand, Cure, et aUa, ^ in \' fi courso of 'fTcctuato tlio op, or HU|)C'r- onliiiiinco.* (fility or tho ot forlK'.'ir to loavc)rs liavo isciissioii and ocoasions, I :1 very oonsi- excite tlio to the Royal iicnt of this iiy tliiniif less position upon itation which 3 medium of state of tlio comprehend, cy must fully ersy, so novel and upon a so animated 'incial Lei,ds- represented leir r)ishop," lias subsisted peculiar, and eat import of d he made — Council, so Kecond qucs- at under tho lestow on the lesty's supre- lual — and of |be one — has )vcrnor and ICure, et alia. Lofrishitivo Council abovo stated, or i!i other words that that ordinnnco h^i^ally could not abrorr;i(o. limit or restrain, the hii^hly important rijjjhts of the Crown, on the subject it most evidently was penned to produce ; consccpjently, that tho preronativo of the Crown to create Roman Catholic parishes, remains with His ^^ajesty, to be lej^ally exercised in tho snrao manner as in respect to I'rotestant parishes. Queation 3. — " In the case of a Roman Catholic parish lejjally erected by tho ordinance of 1722, and the desire of inhabitants of contiguous concessions to be annexed, and be(;omo part of such parish, what is tho legal course to bo followed to effect such annexation ?" Answer. — I perceive no suflicient legal distinctions to bo taken between erecting a new parish, or enlarging one at present established under the ordinance of 1722, to vary tho course of proceeding. I am therefore of opinion, that tho same power should be exercised, and the same courso should bo taken to accomplish tho enlargement suggested, as would be exercised in creating a new Roman Catholic parish. All which is most respectfully submitted by Your Excel- lency's Most obedient humble servant, J. MONK. To His Excellency Sir J. 11. Craig, K.B., Governor in Chief, &c., Hit! H,,! ■ 1 I' ' t t ) -u ^^•1 1 :l?- ■r:\ i ■ , ; l 0| 1 '■; vi 1 I 1 f . H if I To remedy the evil it will require mucli wisdom, joined to a preponderating English influence, both in the Legis- lative and Executive Councils. It will equally require intelligence, firmness and capacity on the part of His Majesty's Justices of the Provincial Courts of King's Bench, who may eventup^ly have to decide oft points of the highest importance arising out of the wild, disorganizing preten- sions of the Assembly. It must be evident to every person who is acquainted with the actual state of things here, that neither the Bench nor the Councils, as they are at present composed, would be able to afford an adequate check to a bold systematical attempt on the part of the Assembly to obtain a mischievous preponderance in the Provincial Legislature ; much less could those bodies be expected to co-operate in a general plan for assimilating the Colony in its religion, laws and manners, with the Parent State. It is humbly suggested that, preparatory to measures of a more particular nature, it would be advisable to add eight or ten members to the Legislative Council, three or four of whom might be Canadians of the most respectable character and families, and the remainder Englishmen of the best stamp and abilities, that are to be found in the Province, and whose attendance might at all times be depended on. It may be well deserving the attention of Govprnment to consider whether it would not be advisable to give a seat in the Council to two or more Military OflScers of the higher rjinks, holding staff appointments in the Province, that may be regarded as permanent. It is suggested that the two senior Judges at Quebec,* *Mem. Subsequent experience hath deeply convinced me, that infinite advantage to the King's interests would be obtained by choosing from among the practitioners at the bar at home, (and upon the recommendation of the Lord Chief Justice,) not only the Provin- cial Attorney and Solicitor General, but the two Chief Justices (if two be necessjiry,) and at least one-third of the Provincial Puisn6 Judges, the latter of whom should have seats in the Legislative (but not the Executive) Council. By this means the Crown might secure to itself the support of firm, able, upright and dignified characters, men attached by birth and education to the Parent State and to Monarchical principles, and there is no doubt but it would in the end be found infinitely less expensive to secure the i m no lorn, joined n the Legis- ally require .art of His ing's Bench, ■ tiie highest zing preten- acquainted r the Bench osed, would systematical mischievous ; much less in a general )n, laws and measures of jable to add ovincil, three it respectable iglishmen of jfound in the lU times be attention of be advisable lore Military intraents in ,cnt. ,t Quebec,* liced me, that obtained by 16, (and upon [y the Provin- 3f Justices (if [incial Puisn6 le Legislative jCrown might md dii?nified the Parent doubt but it lo secure the (who are both of them upwards of seventy-three years of age,) should be permitted tc retire on pensions ; that, in appointing their successors, the utmost care should be taken to select men of capacity and firmness ; Englishmen whose natural ties and habits attach them to the laws and religion of the Parent State. By English is here meant persons born and educated in any part of His Majesty's European Dominions. With a view to the furtherance of the objects contem- plated, it would be advisable to establish a corporation for the advancement of learning, agreeably to the Provisions of the Provincial Statute, 41 Geo. HI, cap. 17, and to solicit His Majesty's decision with respect to the Jesuits and the St. Sulpician Estates.* It will be seen on a perusal of the Act above mentioned, that a most powerful means is thereby afforded for encreasing the influence of the Executive Government, and for gradually improving the political and religious senti- ments of the Canadians. Connected with the above objects, the settlement of the waste lands of the Crown becomes a matter of the utmost consequence. The system of associated companies, which was adopted for this purpose in the year 1*793, may now be considered as abandoned ; but the Royal Instructions of August, 1307, to the present Governor in Chief, shew that it is not His Majesty's intention to restrict or regulate the granting of the waste lands in any other way than that which was prescribed by the Instructions of 1791 to Lord Dorchester. This being the case, and the project afterwards brought forward of selling the waste lands for the purpose of raising a revenue, having failed, it is to be presumed that services of such men by competent and liberal salaries than to incur the risk of having the Province revolutionized through the want of them. Above all things, however, care shpuld be taken that these appointments may not degenerate into a Job, and that the places be not chosen for the men, instead of the men being choeea for the places. Such a system of patronage would only render matters worse. — R. Quebec, 1815. * For particulars relative to the Jesuits and St. Sulpician Estategi see subsequent correspondence. fTJ^ I 1 !;■, Ill lii i fill u ■> 120 -> i . ill i 1,^ ilio Governor and Executive Council arc left at liberty to adopt such a system xi they shall think proper, under the present Instructions, for encouraging the settleuient of the country ; and nothing would so etfectually contribute to this end as an Act of the Imperial Parliament, empowering the Governor, with the advice of the JCxecutive Council, in cases where the inhabitants of any township, (or several townships collectively, to bo foniied into counties or dis- tricts,) shall amount to a certain number of freeholders, (say one or two thousand, and upwards,) to issue a writ authorizing the election of a member to represent such township, county or district, in the Assembly. Such an Act would not only encourage the settlement of the waste lands, and attach the inhabitants of the townships to His Majesty's Government, by enabling them to pai.lcipate in the legislation of the Province, but it would provide an effectual check upon the French or Roman Catholic party which has at this time an alarming preponderance. It may here be remarked that the English settlers in the townships are estimated at upwards of fourteen thou- sand, and that the division of the Province, pursuant to Lieutenant Governor Clarke's proclamation, (under the Canada Act of the year 1*791,) for the purpose of reoculating the election of members to serve in the Assembly, was made prior to the erection and settlement of the to „ nships, and secure the election of two English members only throughout the Province, namely, one for the inferior District of Gaspe, and one for the Borough of William Henry, where the English inhabitants happen to have a majority of votes.* It is hardly possible to attach too much importance to this subject, or to place it in too prominent a point of view, as it shews the absolute necessity of an Act of tlie Imperial Parliament, if it is intended that there ever should be any thing like an English influence in the inferior branch of the Provincial Legislature, for it is not to be expected that a House of Assembly, made up as the present, will ever suffer a Bill to pass for the encouragement of * An error, however, as to Gasp^, where the majority of votes have always been, and are, of French origin. — R. C. I' 121 t liberty to under the cnt of the iitribiite to nij^owerinj^ VG Council, (or several ies or dis- freeholders, ;sue n writ esent such . Such an ' the waste hips to His u.lcipate in provide an tholic party nee. settlers in rteeu thou- pursuant to under the reojulating imbly, was townships, nbers only be inferior )f Wihiam to have a )oitanco to a point of A.ct of the ;ver should le inferior not to be [he present, gement of Ity of votes English settlers, and much less one which would aftbrd such settlers the means of representation in that House. H. W. R. f HINTS FOR A TROCLAMATION, BY MR. RYLAND. By His Excellency, &c. — Whereas His Majesty, by His Royal Instructions to the Governor of this Province, hath been pleased to order, " That no Derson whatsoever within the Province of Lower Canada, professing the religion of the Church of Rome, shall have the cure of souls without a licence for that purpose first had and obtained from the Governor, Lieutenant Governor, or person administering the Government of this Province for the time being ; and further, that no person professing the religion of the Church of Rome be allowed to fill any ecclesiastical benefice, or to have or enjoy any of the rights or profits belonging thereto, who is not thereto appointed by His Majesty, or by or under his authority ; and whereas, by a recent Judgment of the Court of King's Bench for the District of , it hath been determined , «fec., &c., &c. Now, therefore, being desirous of securing to His Majesty's subjects in this Province, who profess the religion of the Church of Rome, the full and free exercise of their religion, and of securing to the Clergy all necessary rights and privileges, I do (by and with the advice of His Majesty's Executive Council) issue this proclamation, hereby directing all Ecclesiastics throughout His Majesty's Province of Lower Canada, within the space of months from the date hereof, to deliver in their names at the Office of the Secretary and Register of the Province, specifying at the same time the cure or benefice they are actually in the enjoyment of; in order that they may severally receive an instrument under the great seal of the Province, confirming them in the possession of such cure or benefice, and securing to them the full and legal enjoyment of all the rights, privileges, powers and revenue which justly ought thereunto to belong. Given under my hand and seal at arms, &c., &c., &c. vf ^ ft I 'A ^':'' '- : '{ ] ' f' i-: „i: N* . ti vf 1 i t: .L ! i I" 'i ♦;1it:, 122 PHOJET OF AN INSTITUTION FOR THE ADVANCE- MENT OF LEARNING IN THE PROVINCE OF LOWER CANADA, DRAWN UP ABOUT THE YEAR 1803. BV MR. RYLAND. First. — To create a Corporation by Letters Patent, ca- pable of receiving and holding real property by gift, devise, or otherwise, with perpetual succession, and authority to make by-laws. Second. — The Corporation to consist of : 1 — The Bishop of Quebec, 2— The Chief Justice, 3 — The Justices of the King's Bench, 4 — The Executive Council, 5 — The Attorney and Solicitor General, 6 — The Superintendent of the Roman CatholicChurch, (i. e. the person who is appointed to be such under His Majesty's Commission.) 7 — A certain number (say 12 or 16) of the principal gentlemen, English and Canadia:i. Third. — The Visitation to be vested in the Crown, a^Jd exercised by the Grovernor. Fourth. — The Establishment at first to consist of a Rec- tor, and as many Tutors (not less, however, than two) as may be necessary at first. To be increased as circum- stances may require- Fifth. — ^The students fo be instructed, from the first opening of the College^ in f English, . I French, Latin and 1 Languages and Grammar. ^ Greek 2. Logic, 3. Rhetoric, 4. Mathemat'cs, 6. Natural Philosophy, 6. Metaphysics, 7. Ethics. Sixth. — The study of Christian Theology to be excluded. Seventh. — All appointments to oflSces to be vested in the Governor, with the advice of those persons who, according 123 ADVANCE- 1 OF LOWER [I 1803. 5 Patent, ca- y gift, devise, authority to holicChurch, to be such the principal Crown, ETjd st of a Rec- han two) as as circum- )m the first id te excluded, ested in the ), according to the tenor of the Letters Patent, shall under the Governor (who must of course be the proses of the whole,) be intrusted with the immediate direction of the Institution. Eighth. — The College to be situated either in or near Quebec, the Seat of Government (as at Charlesbourg) under the eye of Government. MR. RYLAND TO THE EARL OF LIVERPOOL. Plymouth Dock, 31st July, 1810. My Lord, — I take the liberty of informing Your Lordship, that I am arrived at this Port from Quebec, being charged with despatches to Your Lordship from Sir James Craig, which I was instructed to deliver in person ; but finding that accidental circumstances will render it impossible for me to proceed on my journey before tomorrow, I shall forward them by this night's mail, as no conveyance can be more speedy or safe, and I shall make it my duty to wait upon Your Lordship the moment I reach town. The despatches are of the numbers specified below.* Your Lordship will permit me to add that at the time of my leaving Quebec the measures pursued by Sir James Craig had placed the Province of Lower Canada in a state of tranquillity, and I do not apprehend any immediate danger of the renewal of attempts to disturb it. I have the honor to be, My Lord, Your Lordship's Most obedient and most humble servant, (Signed,) H. W. RYLAND. MR. RYLAND TO SIR J. H. CRAIG, K. B. London, 4th August, 1810. Dear Sir, — In writing to Your Excellency it is my intention to confine myself almost entirely to matters of public business, and in order to be as regular as possible in my correspondence, I shall observe the formality of * Numbers of the despatches :— 6, 7, 8, 9, 10, 11, 13, 14, 15, i i I 16, 17, 18, 19, 20, 21. an spatcnes d 22.—: H. W. R. 1 • i 1 ?1 1 ' 1 i ■ 1' ( * i 1 4 i ! • '■i:']> «.; •■'fll M 1 ■■ li J ■It '. K ^:iJ:i f « ■': M ■: m ' I.:'! % ! ! ;i''i M- I"! PI •■|1K 1 .luj,' 124 numbering my letters, and of writing- duplicates ; and I Avill reserve for my friend Thornton* subjects of inferior importance or of mere personal interest. I have now to inform you, that I yesterday had my first interview with Mr. Peel, the Under Secretary of State, who received me witli great attention, and who, though a very young man, and but a few day^ in office, appears to be very much cm fait in matters of public business. He had read the principal despatches, but could not have had time to make himself fully master of their contents, we therefore did not enter very particularly into the subject of them. I was anxious to discover what impression they had made on his mind, and how far the measures adopted, and the plans proposed by you, met with the approbation of His ISIajesty's Ministers; but, from all which passed between us, I could only ascertain that you were considered as having had a very arduous task, and as having executed it with great firmness and ability. One particular, however, in the course of our conversation struck me, and I think it deserving of notice : it is, that when I observed to Mr. Peel, that you had with you all the English inhabitants, and consequently all the comraerciul interest of the country, he remarked that the Canadians were much more numerous^ and he repeated the same remark more than once in a way that indicated a fear of doing anything that might clash with the prejudices of the more numerous part of the community, and this, if my apprehensions are well founded, will be the great difficulty in the way of decided and effectual measures. Seeing that Mr. Peel was overwhelmed with business, I thought it advisable, in this interview, to touch only on one or two principal points. I mentioned your anxiety to be instructed as early as possible with respect to the conduct to be pursued towards the next House of Assembly, and the notice Avhich should be taken of the unconstitutional proceedings of the last. I also stated the mode in which you thought it advisable the patronage of the Romish Church livings should be brought forward, and was desired by Mr. Peel to make a commu- nication to him on this subject in writing, which I shall * Sir J. H. Craig's Military Secretary. I 125 ;es ; and I of inferior y had my ry of State, though a appears to iness. He t have had tntents, we 3 subject of 2Ssion they es adopted, ipprobation lich passed 1 considered ur executed ir, however, d I think it to Mr. Peel, )itants, and country, he numerous^ e in a way light clash art of the tU founded, lecided and erwhelmed terview, to mentioned isible with the next be taken ;t. I also visable the I be brought a commu- Mch I shall not fr.-l to do immediately. I ventured to say that a public expression of His Majesty's decided approbation of your con(hu't, could not fail to have a very great and very tlcsirable etfcct on the minds of tne Canadians al large ; and I concluded our conversation by observing that I had been intimately acquainted with the public atlalrs of Lower Canada during the last seventeen years, that I was fully persuaded tlie administration of the Government of that Province might without difficulty bo rendered more easy tlian that of any other British Colony, and I hoped it would bo found that in your present des patches you had clearly pointed out the means for accomplishing this desirable end. I must not omit to add that it appeared, from a few words which escaped Mr. Peel, that a re-union of the two Provinces would be thought a more advisable measure than a suspension of the present constitution. When I first went to the Office, and gave in my name, Lord Liverpool sent mo word he was very busy at the moment, but that he would be glad to see me in the course of next week, and that, in the meanwhile, if it would be agreeable to me, he wished me to see the Under Secretary of State, to whom I was immediately introduced. I had nearly forgot to mention that I gave Mr. Peel your memorandum concerning Mr. De Salaberry's mandamus which he said he would not fail to shew to Lord Liverpool. V^A August. I had a second interview with Mr. Peel this morning, lie thanked me for the letter I had written to him, pointing out the mode recommended in your additional instruction, relative to the assumption, on the part of the Crown, of the patronage of the Romish Church, and he seemed to think it might greatly facilitate the business. I availed myseir of the op]")ortunity to say a few words concerning the character of Mr. Plessis, and what passed when he was before the Council, also the time and mode of his appoint- ment, &c. I afterwards mentioned Mr. Uniacke and Mr. Bowen, the incapacity of the one, and the competency of the other to execute the duties of Attorney General, and the great importance of such an ofllce being duly filled at a moment like the present. From the manner in which my observations were received, I am led to believe that y 1>* ii 1' I i'l "■r 1 1 hdi% ;ir.' ! 1: ,'l I I ' !:'■ J rl". I' i 'V'jl J 126 there will not be the least objection to what you have recommended respecting those gentlemen. As I do not recollect that you sent home the numbers of the " Canadien," which were the ground of the proceedings in Council against the editors of that paper, I left a set with Mr. Peel, accompanied by a memorandum of which I shall enclose a copy. At parting he said that Lord Liverpool would be happy to see me as soon as he had read through the despatches. On my return home I called at Mr. Greenwood's, where I found William's letter (without date) enclosing Bishop Denaud's memorial of the 18th July, 1805, to Sir Robert Milnes, of which I shall take great care, and avail myself when occasion offers. At nio-ht I received a note from Mr. Peel, informing me that he was directed by the Earl of Liverpool to request I would call at the Office on Thursday at 1 2 o'clock. I hope, therefore, I shall soon be enabled to form some more certain judgment of what the determination of His Majesty's Ministers may be with regard to the important objects which Your Excellency has submitted to their consideration. I have the honor to be, Dear Sir, Your Excellency's Most faithful and most humble servant, (Signed,) H. W. RYLAND. MR, RYLAND TO R. PEEL, ESQ., UNDER SECRETARY OF STATE. 32, Great Russell Street, 4th August, 1810. Sir, — I avail myself of the permission you gave me yesterday to state in writing, for the consideration of the Earl of Liverpool, what appears to Sir James Craig to be the most eligible mode of qualifying an order for an assumption on the part of the Crown, of the patronage of the Romish Church in the Province of Lower Canada. Should His Majesty's Ministers be disposed to accede to what he has recommended on that head, the Governorisof opinion that nothing would tend more to render the measure acceptable t you have numbers of proceedings I left a set I of which I d be happy despatches, ood's, where •sing Bishop o Sir Robert avail myself a note from Y the Earl of on Thursday 30 enabled to etermination gard to the submitted to vant, YLAND. iiCRETARY ust, 1810. ►u gave me ition of the aig to be the assumption the Romish Should His (vhat he has opinion that 3 acceptable 127 to the parties concerned than his being instructed to inform Mr. Plessis, the present Roman Catholic Bishop, that the petition of his predecessor, the Rev. Mr. Denaud, of the 18th July, 1805, to the King, has been taken into serious consi- deration ; that His Majesty is graciously disposed to accede to the prayer of the said petition, by granting to the Roman Catholic Bishop the powers and authorities requisite to enable him to be recognized in the King's Courts, and for this purpose to grant to him letters patent, appointing him to be Superintendent of the Romish Church in the Province of Lower Carada ; that a salary suited to the dignity and importance of this office will be granted by His Majesty to the person holding the same; that for the purpose of giving to the Roman Catholic Clergy a legal title to the privileges and emoluments of their respective cures, His Majesty has been pleased to authorize the Governor to issue, in favor of each of them, letters of induction in like manner as is practiced with regard to the Provincial Clergy of the Established Church, which letters of induction or confirmation will, in the first instance, be issued free of expense, on the Governor's receiving from the Roman Catholic Bishop a return of the present incumbence. That, as in many instances since the cession of the Province to the Crown of Great Britain, parishes have, without due authority, been laid out, and curates appointed thereto, who for want of such authority, could not legally exercise their functions, or enforce payment of tithes, His Majesty has been graciously pleased to empower the Governor to issue letters patent under the great seal of the Province, confirming and establishing such parishes. That on a full consideration of the advantages thus proposed to be granted and confirmed to the Clergy of the Romish Church in Lower Canada, His Majesty trusts that his subjects professing the Romish religion in that Province, will be sensible of his paternal regard for their interests ; that the bonds of duty and attachment towards his person and Government will thereby become the stronger, and the general welfare and tranquillity of the Province be essentially promoted. The above suffsfestions are the result of a conversation which I had with Sir James Craig the day previous to my i| >A ■ 9 I \ 128 i ■ '^i 'M' ■ ■■¥ ■I J ,,i .^' % If ' I .1^ i ! V I i '! ;1 11 '1 ;i|y ^ departure, after liis despatches for tlio Earl of Liverpool were closed, and at his desire I then coniniittcd them to paper for tlu; ]»ur|)ose I now have the lioiior of fuHiHiiicf in coniinunicaliiii^ thcin to you, Sir; and I Halter myself you will have the ^(jodness to excuse llio freedom with which 1 have entered into the sul)ject. I have the honor to be, Sir, Your most obedient humble servant, rSigned,) II. W. UYLAND. SIR JAMES CRAIG TO MR. RYLAND. Quebec, Powel Place,* Gth August^ 1810. My dear Ryland, — Long before this, we set you down as safely arrived, for we have had scarce three days of any other than wsterly wind, since the St. Lawrence spoke with you in the gulf. Our last accounts from England are those which you left with us, and which were brought to us by the Owen Glendower, except one single paper, Liver- pool, of the 2nd June, by which wo see that the April packet, which carried home the accounts of \v\\&i had taken place in these parts, arrived only the 2*7th of May. Till I took my pen in my hand, I thought I had a great deal to say to you, and now I am almost at a loss for a subject. I have nothing to add to the volumes you carried homo. We have remained very quiet, whatever is going on is silently. I have no reason to think, however, that any change has taken place in the public mind : that^ I believe, remains in the same state. Plessis, on the return from his tour, acknowledged to me that he had reason to think that some of his cures had not behaved quite as they ounfht to have done ; he is now finisliinc: the remainder of his visitations. Blanchette and Taschereau are both released on account of ill health ; the former is gone to Kamour- aska to bathe, the latter was only let out a few days ago. He sent to the Chief Justice to ask if he would allow him to call on him, who answered, by all means. The Chief Justice is convinced he is perfectly converted. He assured * Now " Spencer Wood," the Governor's residence. liiO f Liverpool :«'d them to fuKilliiiEf in myself you with which ant, l'LAND. D. ts/, 1810. t you down days of any ence spoke Cngland are brought to iper, Liver- tho April had taken I ad a great loss for a 70U carried is going vever, that d : that, I the return reason to ite as they lainder of ;h released ) Kamour- days ago. allow him The Chief le assured =71 him that he felt it to bo his dutv to take any public occa- sion, by any act whatever, that he could point out, to shew his contrition, and the sense Im cntcrtHiiicd of his former conduct. He told the Chief Justice in conversation, that Blanchette came and consulted him on the subject of pub- lisliing the paper, " Trenez vous ])ar Ic bout du ncz," and that having agref.'d that it would be very improper tiiat it shouM appear, tiiey went to Hednrd, between whom aiul lilanchette there were very high words on the occasion. 1 know not what Panet is about, 1 have never heard one word of, from, or about him. In short, I really have no- thing to tell you, nor do I imagine that I shall have till I hear from you. You may suppose how anxious L shall bo till that takes place. We have lixed the time for about the lOtli September ; till then I shall not come to any final resolution with respect to the bringing the three delinquents to trial or not. I am, however, inclined to avoid it, so is the B ; the C. J. is rather,! think, inclined to the other side, though aware of the inconvenience that may arise from it. Blanchettc and Taschereau have both, in the most unequivocal terms, acknowledged the criminality of their conduct, and it will be hinted that, if 13edard will do the same, it may be all that will be required of them ; at present his language is, that he has done nothing wrong, and that he does not care how long he is kept in prison. We have begun upon the road to the townships,* which was become indispensably necessary, for we were almost starved. Indeed, I think it an object of the first importance to the general interests of the Colony in every point of view. At present, all that tract is nearly as little connected with us as if it did not belong to us. A communication was much wanted, not merely for the purpose of procuring us the necessary supplies, but for the purpose also of bring- ing the people to our doors, as may be said, and shewing them they are a part, and, consequently, increasing their interest in the welfare of the country they belong to. There was no hope of accomplishing it but by some extraordinary exertion, and Major Robertson is now upon it with 180 * Known as " the Craig Road," through the Eastern Townships. — R. C. I I';.!' i 11. I li 1^ lkj« r !' flji : I 1/1 » t '^ «i) ^■,?:|i I'i ■■■!ij I 130 men. Kempt,* in wliose department it more particularly rests, and wlio is excoedin^dy zealous in it, though not quito BO muc'li so as tlio C. J., returned from visiting it yesterday : he says they ivre going ou wonderfully wi'U : 1 hope to finisli it in the middle of October. (Jeorgv; Hamilton has advanced £1000, which is to be repaid him in land. Wo shall get money enough, especially as we hope to tinish it at a third of what it would have cost if we had employed the country people. The scoundrels of the Lower Town have begim their clamour already, and I shall scarcely be surprised if the Ilouse should ask, when they meet, by what authority I have cut a road witliout their permission The road begins at St. Giles, ana will end at the Township of Shipton. LeBreton has undertaken to make all the bridges, and I liave commissioned the C. J. to agree with a man to bring in five-and-twenty settlers to occupy lots upon it. By the bye, poor old B'robisher, who is so much interested in the business, is so ill as to be supposed dying. The Bishop is set out on his tour to the Upper Country once more. I say, set out, for I have doubt of his accom- plishing it. He was scarcely got out after six weeks con- finement in a fit of the gout, and, I think, was by no means well when he left this. It is scarcely time to give you commissions yet; however, to make sure of it, remember when you come to bring me half-a-dozen real good razors. Adieu ; my best c '^pliments to Mrs. Ryland, and believe mo ever Yours most faithfully, (Signed,) J. 11. CRAIG. MR RYLAND TO SIR J. H. CRAIG, K. B. London, 10th Attffust, 1810* Dear Sir, — I yesterday had the honor to wait on the Earl of Liverpool according to appointment, and His Lordship's reception of me was in the highest degree flattering and satisfactory. He began the conversation by saying that he had deferred seeing me till then, in order that he might have * The Quarter Master General, the late Sir James Kempt. — R. C. ' 9| 131 irticularly , not quite caterday : I hope to niltoii lins uul. We ) finish it eni}iloyed WL'V Town carccly be meet, by )ermis8ion Township ke all the igree with ^cupy lots s so much sed dying, r Country lis accom- eeks con- uo means however, bring me ad believe RAIG. IB. 1810. lit on the and His t degree he had ight have ipt.— R.C, I I tiTTO to read over your despatches deliberately; that their contents were of groat importance, and that they must be submitted to His Maj'^sty's other servants- before anything decisive could bo determined, respecting the subject of them. His Lordship desired to have my opinion as to the actual state of the country, and whether there was any immediate danger of fresh attenijits to disturb the public tranquillity. I told him 1 had no doubt but the measures adopted by Your Kxcellcncy, and your known firmness ■would keep down the spirit of faction for the present, and that if, at the next opening of the Legislature, you were authorized to express His Majesty's decided disapprobation of the proceedings of the late House of Assembly, it would effectually tend to keep matters quiet during the session. His Lordship discussed the subject of the memorandum I had left with Mr. Peel on Tuesday, expressed a wish that I should see the Attornev and Solicitor General, and added that he thought the Lord^ Chancellor would probably desire to talk ^vithrne on tJiejujQect. nTtTien acrverTcd"to thcr particular character of the persons who edited the " Cana- dien^'' and asked whether they might not be broygjijt oy,ei 3 I observed that, unf6rtunaie!y,"This""sysTeiiniad heretofore been acted upon in Canada, and that I considered the late proceedings of those individuals as the natural consequence of it; men of desperate fortunes, with some talents, but destitute of principle, having thereby been encouraged to oppose Government for the purpose of forcing themselves into place. I said that, with regard to Mr. Bedard in particular, there was no doubt liis first motive was to get into office ; but that he had now so far committed himself as to render it impossible, and feeling this, as he must do, he was prepared for the most desperate measures, and rendered a fit too) for the worst of purposes, in which opinion His Lordship perfectly acquiesced. He afterwards entered on your proposal respecting a temporary suspension of the present constitution, and said he would candidly tell me, that however inclined His Majesty's Ministers might be to support such a measure, he did not think they could venture, under present circum- stances, to bring it before Parliament, where there was no doubt it would meet with strong opposition. The re-union 1 ^ Ml I s^ ; J , i .i J'! .1 ' ; * :;! ^r ".*! W < ' i^i ^i'^ 132 I of tiio two Provinces, or an Act for a new division of Lower \ Canada^ so as to throio into the House of Asscmhhj a I greater j^roportion of English members, seemed, in His j Lordship's opinion, to carry with it mucli less difficulty, and I he spoke of assembling the Legislature at Montreal as a ; desirable measure. His Lordship asked me whether I did not think that the House of Assembly might be alarmed into good conduct by the fear of an essential alteration in the constitution, or the loss of it altogether ; or whether the same effect might not be produced by calling them together year after year^ and proroguing them the moment they manifested a disposition to do mischief? To which I answered that I had no doubt the next Session might be got over with little trouble in this way, especially if the House met and was prorogued previous to the 1st of January, by which means the American Litercourse x\ct, and the Act for the better j)^'^servation of His Majesty''s Government^ might be continued in force (without being renewed) for another twelve-month ; but I was apprehensive that such a system could not be persevered in from year to year without great detriment to the commercial body in particular, and indeed to the Province at large, by preventing the gradual amelioration and improvement of the laws. I then mentioned how anxious you were to receive His Lordship's instructions respecting these objects, before the next meeting of the Provincial Legislature, and that if the despatches were put undercover to Mr. Barclay, the British Consul at New York, they would reach you much more expeditiously than by the ordinary route of the Halifax post. His Lordship desired me to let him or Mr. Peel have a memorandum of this, and repeated what he had said before, that His Majesty's other servants must be consulted upon the subject of the despatches, but that he hoped he should be able to answer the most material points by the beginning of next month. As I am now assured of a free access to the Secretary of State, and have reason to believe that any communications from me will be received with attention, I shall, to the best of my ability, follow up Your Excellency's instructions, and if in so doing I am fortunate enough to obtain your approbation it will afford me inexpressible satisfaction. i i 13a lion of Lower Asscmhbj a ■med, in Ilis liiKcultv, and [ontreal as a t think lliat [1 into good ition in tlic Avlietlier the them together moment they To Avliich I on might be jcially if the ) the 1st of n'course Act, ^.is Majesty's ithout being apprehensive in from year nercial body it large, by rovement of oil were to hese objects, shiture, and Mr. Barclay, 1 reach you route of the him or Mr. ed what he nts must bo but that he ;erial points Secretary of nunications lali, to the nstructions, obtain your ■action. 1 After taking leave of Lord Liverpool I waited on Mr Peel for the purpose of ))uttiiig into his hands Mr. Uniacke's draft of a lease of the Forges of St. Maurice, and the report made on it by the Committee of the whole Council. lie is to give me an introduction to the Attorney and Solicitor General, and I shall not fail to make Your Excellency acquainted with all that passes, though I fear I may already have entered into particulars that will tire your patience. I have the honor to be, ^ Dear Sir, &c., (Sec, . 'K ■ it m ,'f *■' If r a ' m. 4 '! ;! h. ( i f-ii 130 I In conversing on the subject of the arrest of Bcdard, I and the seizure of the press, Sir Vicary observed tliat we liad / proceeded in a manner which he, perliaj>s, should hardly / have ventured to do in this country, but that he could not I form a decided opinion with respect to tlrls matter, till he had seen the Act of 1803. This I have since sent to him, the Act of the last Session, which I had with me, being on'y a renewal of the former. He was impressed with the importance of continuing it in force by the measure sug- gested in the inclosed memorandum to Mr. Peel, as it would atibrd His Majesty's Ministers leisure to determine how far it might be expedient to call for the interference of the Imperial Parliament respecting it, and in the mean- while operate as an effectual check upon the designs of the anti-government party. I mentioned to him the case of Mr. Uniacke, and the erabai-rassing situation in which you were placed by his want of ability, and his entire ignorance of the laws and language of the Province, and he said you did perfectly right in disposing of him as you have done. He had not seen Mr. U.'s draft of the lease, nor the Report of the Council upon it, which I had left with Mr. Peel. We were frequently interrupted by the clerks coming in to say gentlemen were waiting to see him, which induced me to shorten my visit. At parting, he requested I would dine with him to-morrow at Haye's Common, about four- teen miles from town, which I have promised to do. Friday^ l^th August. I am sorry to say that my visit at Sir V.'s yesterday did not prove so satisfactory as I had flattered myself it pro- bably would. He told me that Mr. Ryder, Principal Secre- tary of State for the Home Department, would be there, and I hoped we should have had a small party, merely to talk over the affairs of Canada; but, in addition to that gentleman, there was the Dean of Windsor, Mr. Peel, a Mr. or Captain Fraser and his sisters. Lady Gibbs and daughter, Mrs. Pilkington, a charming young woman whose husband, as Sir V. tells me, is gone out to Canada on a stafi' appointment. As we were Avalking together in the grounds, before dinner, Mr. Peel mentioned that he received ray note yes- 4 -^1 137 t of Bcdard, I that we liad lould hardly he could not atter, till he sent to him, ith me, being ssed with the measure sug- r. Peel, as it to detennine 3 interference in the mean- designs of the 1 the case of in which you ire ignorance (I he said you HI have done, or the Report ^th Mr. Peel. :s coming in lich induced ested I would 1, about four- to do. th August. ^^esterday did nyself it pro- ncipal Secre- Lild be there, y, merely to ition to that Mr. Peel, a Gibbs and ivoman whose 'anada on a )unds, before ny note yea- i. terday, that the Cabinet Ministers had had several meet- ings on the subjoctof your despatclios, and ho believed they ■were all of one sentiment witii regard to the conduct of the House f>f AsscniMy, and that aou would be instructed to express His Majesty's disa]>probation of it. After we came up stairs from dinner, Sir V., Mr. Peel, and myself entered, for a few minutes, into a more general conversa- tion on the affairs of Canada. They were both decidedly of opinion that the division of the Province of Quebec was a most injudicious and impolitic measure ; but when / I uroeu the nece~ssitv of a re-i.nion, the answer was, "what / will Mr. Whitbread, what will Mr. Tierney say on that sub- '. ject ?" and, " shaljjve have no repre^.ontation from Canada, \ on the other suTe of the, question ?" In sbort, Sii', from all ' trtiTcTTlias passecTT^plainly perceive that this Minist)^;^s \yeak, very weak, that they are sensible of rtieTitlTity anS even necessity oTthe measures you liave proposed, and at the same time are afraid to bring them forward lest they should be taken advantan^e of in Parliament by the opposition. A suspension of the Constitution must, I find, be put en- tirely out of the question. Lord Liverpool's observation to me, respecting it, was made in so impressive a manner, that I have not ventured to renew the subject, and I shall be cautious of pressing any legislative measures on their attention till I become better acquainted with the particu- lar sentiments and relative strength of the parties in and out of power. T am much concerned that your brother and Sir H. Dalrymple are out of town at this moment, as they might be able to afford me some light on this subject, whereas now I am left to my own resources, and with a very imperfect knowledge of the carte du pays. I shall not leave town till I am assured that you have, or speedily will have, instructions on the points of most immediate importance. I will i^'.en go for a short time to see my children in the country, and place those I have broufvht with me. At my return I shall hope to find people collected together, and that previous to the meeting of Parliament, some ])ractical system, with regard to Canada, may be determined on. The Attorney General has told mo he shall be happy to see me at any time, either in town or country, and m- ■-1 ■ ; B '^ ! 1m'} r '. I J' ■'i I ■llf .11, 'I f I •I !I 138 I sliall not fail to avail myself of his kindness in this respect, wlieiie-er a fair ocn-asion ofi'ers I have just now sent him the last volume of the journal of the House of Assembly, in which I have marked the passages relating to Mr. DcBonnc; also flie Quebec Gazette, con- taining the Presentment of the "Cauadicn" by the Grand Jury. I.'.o is a quick, intelligent, ])lain man, but so over- whelmed by a mr.ltiplicity of business, that 1 hardly con- ceive it possible lie should give such a degree of attention to the matter contained in your despatches as to make him- self master of the several subjects. When I last saw him he had not read the proceedings of the Executive Council con- cerning the arrest of Bedard, etc., which I had put into his hands the day before. Tuesday, 21st A^igust. I called again on the Attorney General this morning, but tinding several persons were waiting to see him, I told him I was sensible of the infinite value of his time, and would only ask whether ho had received the book and papers I sent to bis chambers on Friday. He said he had, but that he went to Windsor on Saturday, and was induced to remain there till Sunday, for the purpose of paying his respects to flis Majesty, and that he really had not been able to look at them. I observed that 1 was only anxious on one account, which was that you should receive by the next mail an intimation of His Majesty's pleasure on those matters of most immediate importance, which do not re- quire legislative interference. He answered that he had no doubt you would, then shook me heartily by the hand, and said he hoped it would not be long before he had the pleasure of seeing me again. I confess to you. Sir, I feel at times greatly chagrined and mortified at the difficulty I find in obtaining that de- gree of attention to l-he objects of the mission you have honored me with, which is absolutely necessary to its suc- cessful termination ; and the idea that I may be under the necessity of returning again to Canada, without having ac- complished the purpose for which you sent me to this country, is the most painful and depressing that can enter my mind. If His Majesty's Ministers had leisure to in- ?'? fi 139 ndness in this I have just journal of the !(.! tlie passages i Gazette, eon- bv the Orand m, but so over- - I hardly con- je of attention s to make him- astsaw him he VQ Couneil con- had put into l\8i Aug list. this morning, see him, I told his time, and the book and le said he had, d was induced of paying" his ad not been only anxious ecelve by the isure on those ch do not re- that he had by the hand, e he had the tly chagrined ing that de- on you have iry to its suc- be under the ut havinjjac- me to this lat can enter eisure to in- i vesligate thoroughly the several point: Your Excellency has submitted to their consideration, I am confident that the whole might very sjieedily be determined on ; but when I considc-r the vast field that lies before them, and the ma'Tuitudc and variety of obii'cts which continually press ujH)n their attention, I cannot but be sensible that those which are uj)permost in my thoughts, rnc appear to me of the highest importance, must be lost, as it were, in the general mass, and dwindle into insignificance, and lam forced to acknowledge that there is a fair ground of excuse for the delay I meet with ; though I am not without an apprehension that the Ministry arc so uncertain of retain- ing their situations, that they wish to reserve to themselves a power of o])posing, in ca.se of their being out, tlie very measures which their own judgments would lead them to adopt, were they sure of continuing in place. If I remain here during the winter, when all parties will be collected together by the meeting of Parliament, I shall be much better able to ascertain the real state of things, and to avail myself of a variety of resources that are now out of my reach. I will only add that nothing within the compass of my ability and exertion shall be wanting to- wards the accomplishmentof your views, and that it is impos- sible to feel more sensibly than I do how much the interests of the Crown, and the j)eace and happiness of the Province, under Your Excellency's administration, depend on the adoption of the measures you have recommended. I have the honor to be, Dear Sir, Your Excellency's most devoted and most faithful humble servant, H. W. RYLAND. Mr. Ryland flatters himself that Mr. Peel will excuse his taking the liberty to repeat in writing the observation he had the honor of making to him verbally yesterday, which is, that unless the Provincial Legislature of Lower Canada is convened nnd prorogued previous to the 1st day of Jan- uary next, the Act for tlie better preservation of His Ma- jesty's Government will expire at the close of the next ses- i :l M l« ) 1^ I h \ ,1 I '^* i u ■ m I ■\ i V «., J:i 140 sion ; and, considonnly is composed, and the predominant influence of tlie party opposed to Government, there is little reason to expect that this Act will ever be renewed by them. Sir James Craitj is anxions to receive, as early as possible, an intimation of His Majesty's sentiments with respect to the conduct of the last House of Assembly in assuming the po\ver of deprivinij, by a resolve of the House, a par- ticular class of llis Majesty's subjects of their rio-ht to be returned members of the Assemi)ly. It is evident that, were this power once acknowledijcd and established, it might be carric'd to any extent, and converted to any pur- pose which the prevailing party should think favorable to their views. In case the Secretary of State should wish to make an early communication on this or any other subject, to the Governor in Chi'f. if tl>e despatch is forwarded under cover to Mr. Barclay, His Majesty's Consul General at New York, it Avill reach Quebec several weeks sooner than by the com- mon route of the Post from Halifax. 32, Great Russell Street, Wednesday, 15th August, 1810. MR. RYLAND TQ EARL SPENCER, K. G. London, 19tk Aur/ust, 1810. My Lord, — Having already apprized Your Lordship that Sir J. Craig intended sending me liome with his despatches, I presume to hope it will be satisfactory to Your Lord- ship to hear of my safe arrwal. and that I have been re- ceived by the Secretary of State for the Colonial Depart- ment with an attention that is in the highest degree flatter- ing, and which aftbrds me some ground of expectation that the chief object of my mission may eventually be obtained. I landed at Plymouth, and reached London two weeks ago, and as soon as some points of more immediate im- portance shall have been determined on, I purpose going for a short time into the country to see my children, after 1' •4' X.' in ons of which predominant cut, there is r he renewed [y as possible, h respect to in assuming ;ioiise, a par- r ri^ht to be evident tliat, stablislied, it 1 to any pur- favorable to to make an bject, to the I under cover fit New York, n by the com- G. \nst, 1810. iordshipthat despatches, Your Lord- ,ve been re- lial Depart- Igree flatter- [ctation that le obtained. two weeks hediate im- rpose going [Idren, after which I shall return to town, and if in any way my ser- vices can bo useful, as there is a pn/bability they may, I slj.dl devote myself entirely to the public, atVairs of Canada, dui ULj the remainder of my stay in Enn'Iand. It 1 should at any time be witliiu reach of Your Lord- ship, I tlatter myself you will permit me to have the honor of paying my respects to you. for amojigst all the persons who have had favors conferred on them by Your Lon'^hip, there is not one who feels a d(M'per sense of respect, obli- gation and gratitude than myself. I hav(! the honor to be, My Lord, Your Lordshi]>'s most faithful and most devoted humble servant, II. VV. R. MR. RYLAND TO SIR J. H. CRAIG, K. B. London, Tkursdai/, 2Snl Angus.^ 1810. Dear Sir, — T yesterday received a note fro'n Mr. Pee), informing me that Lord Liverj^ool would havo a meeting with the Lord Chancellor and the Master of ;he I^olls to- day at the Foreign OtHce, and that Ilis Lordship would request me tc attend, if it perfectly suited my convenience. I went according to appointment to Downing Street at 2 o'clock, and after remainini;' some time with Mr. Peel, was sent for to the adjoining olHce. On entering the room I found it was a meeting of tlie Cabinet iSIinisters, eight in number; Lord Liverpool desired me to take a seat between him and Mr. Percival. the latter beinij close to me at the bottom of the table, and the former about half Avay up, to my left hand. As none of the Ministers presen*- were personally known to me, except Lord Liverpool, Lord Bathurst and Mr. Percival, (who represents the town where I was born.) and the Master of the Rolls,"* whose person had been described to rhe before I went into the room, 1 cannot say of what other members the Board was com.- posed ; but the next time I see Mr. Peel I will ask him, as I am particularly desirous to know whether Lord Camden and the Marquis of Wellesly were there. 'o2 ^ S» • '■ ' k'^'l I ■■■I I: }^i LttA JX' C I » t ■(* !>! m H ' , K.Ui I 1 ■' ) : -1 < ■■■■ 4 i ^ I 4 i \i2 Lord Livorponl bon^nn the inlorroo^ation by enquiring wliDtlMii- I th(»;iu'Iit, ;i hinfli iiiid dccisivi! tone, at tin' lu'xt mccliiiu," of tiie House of Asseiiildy, or a mild and concil- iatory laiiLCnaLjo would j)roduc(' iIk; hcst cli'cct i I answered that I could liavc no hesitation in i»ivinLi,' it as my opinion, that you could not Ikj instructed to hold too hii(h a h'lUijruau'o on the occasion, and that if the Government a|>i)eared in any dcu^ree to i!,'ive way, I was ap])rehensive the worst of consetpiences niiijjht ensue. His Loidshij» then repeated the same question he had before put to me in private, whether the members opposed to Government might not be brouglit over hy the hope of being employed ^ This question, I must confess, caused me rather a warm sensation ; but J answered with coolness, that this system had already been acted upon in several remarkable instances, and that I could not but attribute to it, in a great measure, the line of conduct -which the leaders of tlio democratic party had .adopted; that their original object certainly was to force themselves into ])lace ; but the patronage of the Governor was very limited, and there were but few places to give away. I then repeated an observation I had made in my lirst interview with Lord Liverpool, concerning IJedard in particular, as the chief leader of tlie anti-government party, wlio has now so committed himself as to render it impossible he should be employed. I dwell tlie more ]>articularly on these first objects of enquiry, because tiiey mark the si/slcm which the Ministry seem inclined to adopt, and which, in iny judgment, would be the most disgraceful to Your Excellency's administration, and the most injurious to the interests of the Crown, that a weak niind could devise. A number of questions were put to me by almost eveiy^ member present. At first they seemed not aware that the Act of Parliament obliged you to call the Legislature together once a year, but in this point I soon put them right. They questioned me concerning the Provincial revenue, ana seemed to think that the supplies depended very much on keeping the House of Assembly in good humour. On this head 1 observed that the casual and territorial revenue, joined to the permanent duties already established by Acts of the Imperial or Provincial Legislature, '■i I Mi) by enquiring nc, at tln' next il(.l iiiid concil- .'t ? 1 answered as iny ojtiiiioii, d too IiIl-Ii a 13 Governn\ent s apprehensive ; Lordsliip then put to me in :) Governinent intj eniitloyc'l ^ rather a warm hat tliis system ■al remarkable to it, in a great leaders of the oriii'inal object ilace ; but tlie tod, and there |n repeated an iew with Lord as tlio chief has now so he should bo cse first objects eh the Ministry • men*, would id ministration, e Crown, that almost every Dt aware that le Leo-ishiture oon put them he Provincial lies depended iibly in good he casual and luties already al Legislature, i r j)roduced, if my reoolh'ction served me right, upward of X;j(),000 a year, and tiiat these revenues might be (!Xpected to increase with th»' increasing population and commerce of the (MMiiifry ; that the u-nal annual expenditure did not exeeed £ U) or .€4o,<>00 a year, and that the diflerence, wliieh vou were autliori/.ed to receive from tiio army extraoniinaries, could not, I concirived, bo considered as u material object to this country : 1 added, that if we wore under a necessity of looking to the House of Assemhiy for suppli«'s, then indeed it nnght bi' found (expedient at all hazards, to secure a majority. I made some further observations which it is not necessary to repeat, and they seemed at last perfectly to understand, and acquiesce in the opinion that, as far as the Provincial revenue and expenditures were concerned, there was no urgent necessity for humouring the House of Assembly. They then went iiito a discussion of the temiH)rary Acts, and I explained to the best of my ability the nature of the Alien Act, the American Intercourse Act, and the Act for the better preservation of His Majesty's Government. I spoke of a renewal of the fust as very desirable, though not absolutely necessary ; that as far as related to alien enemies coming into the Province, I was persuaded Your Excellency would have no hesitation in taking upon yourself to dispose of them as you might think best. But that it was to be wished that you had certain powers given you with respect to persons who had resided in the French Dominions or in countries under the control of France, (kc, &c. The American Intercourse Act they evidently did not understand. I endeavoured to explain how it took its rise under Mr. Jay's Treaty, certain articles of which were considered by the Provincial Government as being still in force ; that if it was not renewed the Prohibitory Acts of the Colonial Legislature, whose operation was suspended by it, must take etfect, iko. I doubt whether the gentlemen present had a clear conception of the subject, for they read a clause in an Act of the Imperial Parliament as applying to tho case, which did not appear to me at all applicable ; but I declined entering further into it, wishing to brii g their attention to a matter of much greater importance, I mean the Act for the better preservation of His Majesty's Government. 1^ It I' r I :(f' ■■ 11 )^ f ! ( n \i- II' •r'i U If .:„ ^.:fi i i .♦ -f ■It I,! fi \4\ I t'ound from what pawed, lliat they liml rond tlio in<'?ii()iaiier of EiiGflisli and Canadian incmlxMs in tlie lorni(>r ,'ind present .lIous(! of AsseniMy ; whetiu'r tiie Ktii^disli were always with the Government ? t said that i.i all eases of parent importanec they were, with one exception, whieh was that of a Mr. Stuart, formerly the Solicitor (reneral,*' who liad joined the democratic party, and whom you lians('f|iU'nco iM;lisli intluenco man ffoni being entered into a 3n of [)eo|)lo of ere composed ; r the liabitants, js wliv men of (•lect(.'d, etc. I ;lio attested the jeedings of the )st n^ischievous y to disqualify, tription of Hift rve in it. bad put to mo II iX the House in the moment f; to which I circumstances a Legislature; kvould be pre- ided interests things. His ix-and-twenty tion ; I said number could ICliief Justice of Province, and possibly bo obtained but by a re-nnion of tho two Province?*. Lord liathurst and Mr. I'erciva! particularly cn(|uired ■wln'fhcr I thought that the Assembly, at the next meeting, mJLrht Ix' alariiK'd niid intimidated into belter bdiavioiir ? I answered that I ceriainly tlioiiglil they might; that the party were sensible of your vigor and lirmness, that they alri'ady eutropriety of their coming forward at this moment to oppose the attempts of the French faction in Lower Canada, to overwhelm the English interests in that Province. The result has been a communication from the Committee of Merchants here to the Earl of Liverpool, of that part of the letter from the Committees of Trade at Quebec and Montreal, which relates to Your Excellency's administration, and I have now the satisfaction of inclosing a copy of their Secretary's letter to His Lordship, on the subject. I was anxious that this should bo sent in before the departure of the September packet, as I am confident it will have a considerable etiect on His Lordship's mind by L only kept , you know, lie appeared 0- advantage iinij; himself, lad acqnired [le Province, est ions I am I of concilia- wliich would jpresentative iptible dema- o overthrow mises, I shall V suggestions d and ant, liYLAND. August. od interviews terned in the gs, to whom I I- ward at this h faction in lerests in that iiieation from of Liverpool, ■s of Trade at Excellency's ,n of inclosing •dship, on the In before tbe li confident it hip's mind by ».■ '.'■'! 147 sliewing liow decidedly the whole of the mercantile interests concerned is with Your Excellency. Other measures (of which I shall have regular information) are contemplated ; and should the Minister be inclined to bring forward anything in L'arliament relative to Canada, I have reason to believe he will be very strongly sup])orted out of doors. At the same time that I mention these circum- stances to Your Excellency, I beg you to be assured that I shall be very careful of comniittino; mvself with these gentlemen, or of going one step beyond what you would fully approve. I have dined twice in company with Mr. Atcheson ; once at his own liouse. He appears to me to be a very active, intelligent man, afiluent in his circumstances and much attached to the men at present in power. The extract sent to Lord Liverpool was from the letter of which I shewed Your Excellency a copy, just belbre I left Quebec. Mr. Henry, I find, is arrived at Liverpool, and expects to be in town early in the next month. I shall be particularly cautious in any communications I may happen to have with him. IL W. R. To the Rlghc Honorable the Earl of Liverpool, one of His Majestifs iwlncipal Secretaries of State, d'C, d'c., d'c. The Memorial of the Committee of Merchants interested in the Trade and Fisheries of His Majesty's North American Colonies, HrMBLY Shew'etii : — That vour Memorialists, from the communications which have been made to them by their correspondents in Lower Canada, are much alarmed at the conduct adopted by the majority of the House of Assembly of that Province. That your Memorialists do not presume to state to Your Lordship the proceedings which have taken place thereon, as they have reason to believe His Excellency the ^rovernor General Sir .Tames Craiix b'ls transmitted to our Lordship official advices on the subject. i: li. '- y ' ii> I 1 ' i, I, '!, the present nd especially of Assembly either in its lence whicli Teat encour- esty's present riahsts regret evinced by ijority of the oppose the the Governor .vious Acts of lote the true he conduct of iws they are )rudence, and ill-calculated )eoplc to His i time their king's Repre- ;iey not only assume the ihiture of the lal importance :ireat Britain, luce to Vour i I 149 Lordship, in the hope that His Majesty's Government will take into their early consideration tlie political state of Lower Canada; that they will support His Excellency the Governor General ii. the measures he has been obliged to adopt, and that they Avill condescend to recommend to the favorable consideration of the Imperial Legislature such alterations in the constitution of Lower Canada as will promote and secure tlie British interests in that Province. And your Memorialists will ever pray, (fee, &c. London, 3rd September, 1810. (Signed,) INGLTS ELLTCT. & Co, THOMAS FORSYTH, JOHN AULDJO, McTAVrSH, FKASER & Co. MACKENZIE, GILLESPIE, PARKER, &c., &c., (fee. The other names of the Committee will be obtained to- morrow. K A. MR. RYLAND TO SIR J. H. CRAIG, K. B. London, Saturday, 1st Sept., 1810. Dear Sir, — I was in Downing Street, on M(mday last, when I saw Mr. Peel, for a moment ; he told me he expect- ed Lord Liverpool in town that morning; that His Lord- ship would bring with him memorandums for a des]iatcli to you on Canada affairs, and that as soon as Ihis was com- pleted, he himself should go for a few weeks into the coun- try. He mentioned that they had received Ji representa- tion from the merchants ; and, from his manner, I could collect that it had not been entirely without eifect ; but he div' not open himself either on tiiis subject or on the in- tended instructions to Your Excellency. Mr. Peel is a very elegant young man, of fine talents, as I nm informed, and very pleasing manners : whenever I have met him, either on business or in private, he has al- ways shewn me the most marked attention. I have, how- ever, been cautious not to liazard any enquiries tluit might be deemed impertinent, and I have made it a rule to urge I ! I •■1- ^1 r •1 \ .i m m ^rJl f ) 'i:j , ii ;/Sa "' i;i 150 those points which you instructed me to press on the at- tention of the Secretary of State, without appearing to be inquisitive as to what would be the result. A further ac- quaintance will, probably, bring with it a greater degree of freedom ; in the meanwhile, I am not without hope that the particulars I am able to communicate may serve, in some deofree, to elucidate the instructions sent out to Your Excellency, and to shew how far the measures you have proposed, with respect to Canada, are likely to be adopted. On my informing Mr. Peel, that I should take the liberty of waiting upon the Earl of Liverpool once more before the September mail w;is closed, he said he was sure His Lord- ship would be glad to see me at any tinie. I did call again yesterday at the office, and saw Mr. Gordon, but Lord Liv- erpool was not in town. Mr. Gordon begged I would let him have a memorandum concerning the mode in which your despatches should be forwarded, so as to reach you with as little delay as possible. From his description of Lord Camden, I conclude that nobleman was at the Cabinet Council when I was before them ; but the Marquis of Wellesly, I think, was not. I have lately had a most friendly letter from Lord Spen- cer, who is now at the Isle of Wight, where he is building a house ; through his connection with Lord Camden, I shall hope, when he comes to town, notwithstanding his being in opposition, to obtain a channel of much freer in- tercourse with the Ministry than I have at present. I shall not fail, however, to bear in mind your injunctions in any communications I may have with Lord Spencer concern- ing Canada atiairs. Monday^ 2nd September. I am just returned from Downing Street, where I saw only Mr. Gordon, the Earl of Liverpool and Mr. Peel being out of town, and so indeed is everybody else ; and as there is now no chance of anything further being done in Canada affairs for the present, I purpose going into the country as soon as the mail is closed, to see my children. I liave left a memorandum with Mr. Gordon, requesting the despatches for Your Excellency may be put under cover to Mr. Barclay, and I shall take the liberty of writing ^ i» 151 19 on the at- jaring to bo furtber ac- :cr degree of It bope tbat lav serve, in out to Your res you bave ) be adopted. m tbe liberty )rc before tbe ive His Lord- did call again 3ut Lord Liv- id I would let ode in wbicb to reacb you conclude tbat 1 I was before L was not. ,m Lord Spen- be is building Camden, 1 bstanding bis nucb freer in- esent. I sball nctions in any cncer concern- Septcmher. |t, wbere I saw ylr. Peel being ; and as tbere lone in Canada itbe country as on, requesting Ibe put under jerty of writing to tbat gentleman to desire be will bo so good as forward them to Qn(4H'c by a special mo^songor. 1 (rust tliey will reach you all in October, and, if so, that T shall receive your final instructions bv the fall fleet. I sliall be verv anxious to know the result of the proceedings against Bedard, etc., and what opinion has been transmitted to you on the sub- iect; also, what directions have been Hven hv the Secre- tary of State, in consequence or the representations con- tained in any of the despatches I brought over. If anything is done in Parliament, or if any strong and decisive measures are adopted by His Majesty's Ministers, with regard to Canada, I shall return with alacrity and sat- isfaction ; but if no eftectual steps are taken for the purpose of accomplishing the great objects to which Your Excel- lency has called their attention, I trust you will approve of my remaining here till the spring, as the coming express, as it were, without some material point being gained, will only render disappointment more conspicuous, and add to the mortification and disgust I shall ever afterwards feel in all that relates to the Province in which I am doomed to pass the remainder of my days. Tuesday Evening, ith September. I have been again to the Secretary of State's oflice, where I saw only Mr. Gordon, the Earl of Liverpool not cominir to town. On enterinjx the room below stairs I was a little surprised to find Uniacko waiting for an audience. We shook hands heartily, and made mutual enquiries about each other's arrival in town, etc. It seems he came but two days ago. He went from Quebec to Ilalif.^x, I suppose to ask advice of his papa, who, I have been tol "1 was in Eng- land some time last year, and a good deal wit a the leading merchants concerned in the North America!' trade. mentioned to me that Governor"'^' , from , had been at Halifax, and came home in thefi<'ct with him, that the Assembly of that Island had been very refractory, and that ho had committed the Speaker to prison. Mi*. seemed inclined to make some comparison, but as I am too well a(;quaint,ed with, what -was at least, the cha- '^' Lumley of Bermuda probably. it m sif, MPK 'h'^ ^^ i ti fi ii! • ' 152 racter of to admit the possibility of compari- son between such a man and Your Excellency, I declined enteriniv into the subject. I am n|)prelu'nsive that what has taken place at may rather retard than accel- erate the adoption of a plan for Canada. I went up to Mr. Gordon as sosm as Mr. Uniackc came down from him. Our interview was short, but I did not neglect to avail myself of it to repeat the observations I had before taken occasion to make concerning him, and, also, the strong reason you had for desiring that Mr. Bowen might be a])pointed Attorney General. He remarked that Mr. U. luid hesitated to accept the situation, from an apprehension that he would not be equal to it. As Mr. Gordon seemed to think that Lord Liverpool would wish to see me if he came to town, I shall call at the office ai^^ain to-morrow, and will endeavor to let you know if anytliing desorvino; of notice occurs. I this morning received from Mr. Atcheson a copy of the memorial intend:rd to be presented b} the merchants con- cei'ned in the tradj to Canada, which I shall inclose to- gether with his letter. The memorial is ill drawn up, but 1 hope it will produce a good effect, especially as srme of the principal subscribers are strongly connected with the opposition. I have the honor to be, Dear Sir, Your Excellency's most devoted and most faithful humble servant, II. W. RYLAND. MR. RYLxiND TO SIR J. H. CRAIG, K. B. London, Satiirdoy, 8th September, 1810. Dear Sir, — I delivered my letters for Y'our Excellency, N'os. 3, 4, and 5, to Mr. Gordon, on Wednesday last, they were under cover to Mr. Barclay, and I trust they will reach you sooner than by the ordinary route from Halifax to Quebec. Mr. Gordon informed me that Lord Liverpool's despatch was sent to the King, and I am led to conclude that no- of compari- y, I (lecVined e that Nvliat [1 tlmu accel- ^iiiackc came .lit I did not bservations I ng him, and, lalMr.Bowon He remarked ition,from an it. As Mr. 01 would wish he oftice a^ain iw if anything n a copy of the nerchants con- lall inclose to- 1 drawn up, but y as si me of ctcd with the devoted and lie servant, RYLAND. i 153 thing further will bo done for the present. If the orders sent to Youi Excellency by this opportunity are of the kind and spirit you wisli to receive, it will atford mo inex- pressible satisfaction ; but from all which lias passed, I can- not help fearing that the Ministry will hesitate to adopt the decisive measures you have recommended. Lord Liverpool was not at the ofhce when T went there on Wednesday, being just gone to Court. Mr. Gordon had informed His Lordshi|) that I should be ready at any time to attend his commands, but that if I was not wanted im- mediately, 1 should go into the country for a short time after this mail was closed, to see my children. He told me he thought the mail would be detained till Monday, and I am now going to him with this letter. Mr. Gordon is vastly civil, but 1 iind an infinite difference between transacting business with him and Mr. Peel. I cannot help feeling for the latter a peculiar esteem, and I flatter myself, that in the course of the winter I may be able to acquire a considera- ble degree of intimacy with him. I have taken up Mr. Duchesnay's mandamus, which I enclose in an open letter, and would beg, if Your Excel- lency sees no ol»jection, that it may be sealed with a com- mon seal, and sent to him. I observe the mandamus ia dated as far back as the month of December, 1808. I have the honor to be, Sir, Your Excellency's &c., &s., &c., H. W. RYLAND. 1* ( K.B. |m&fr, 1810. )ur Excellency, [sday last, they they will reach bm" Halifax to pool's despatch ilude that no- SIR JAMES CRAIG TO MR. RYLAND. Quebec, 10//i JScptcmbcr, 1810. My deau Ryland,^ — We arc now arrived at the period when we expected to have heard of your safe arrival, but we have not yet had that good fortune ; indeed the eternal m westerly winds of this have been most unpropi- summer tious to our«communication. The last accounts we have, that is by regular series, are only to the end of June, though there are tw'O or three straggling papers so low tia f|.: .,» 'HMWllil'iin"'rr--ne a petition ; the tenor of it was, that he had acquiesced in his imprisonment on the suppo- sition that I and the Council had such information before us as induced us to believe that measure to be necessary for the public good ; but as we must now be convinced that such information was without any foundation, he prayed to be released, or otherwise that he might be brought to trial. This petition I happened to receive while I was in Council. I therefore immediately communicated it to that Board, and it was considered as not being such as could be attended to. When B.'s nephew therefore applied to Foy, to know if there was any answer to it, ho was told that the petition had been laid before me, but that I had not given any directions on the subject. In the course of a second application Foy had some conversation with the young man, in consequence of which B. asked to see the petition that had been presented by Bianchette and Taschereau ; Foy replied they were official papers that he did not think himself at liberty to show. On this second application for an answer to his petition, he was told that it was not of a nature to receive any answer. Bedard then wrote to Foy, to request that he would apply to me for permission to communicate the petitions of the others. This I did not choose to do ; but wishing to give him a fair opportunity of extricating himself if he chose, I sent for his brother the priest, who I knew was in town, and in tlie presence of the Chief Justice and Foy I addressed him, as near as I can recollect, as follows : — " I have received application from your brother, by which I am led to suppose he ^vTshes to be directed in the petition that it would be proper for him to present ; and as J intelligence 3 June mail is et has been at matter ingu- ity of talking y the last con- cpect to have Ihon released I liberation of jnor of it was, , on the suppo- )rniation before 3 be necessary ^ be convinced foundation, be t he miglit be to receive while J communicated not be.ng such 3phew therefore answer to it, ho before me, but subject. In the ine conversation lich 13. asked to . Blanchette and I papers that he On this second [he was told that r. Bedard then apply to me for Is of the others, to give him a he chose, I sent |s in town, and in I addressed him, our brother, by ie directed in the present ; and as i55 I am desirous of acting towards him -Nvith the same frank- ness and candour tliat I have always observed on other occasions, 1 liavo therefore sent for you, Sir, as the most proper channel of communication with iiim ; and to prevent the possibility of any mistake in what I have to say, I have requested these gentlemen to be present. " Your brother chose to pursue a line of conduct which threatened to throw the countrv into aflame, and tlierefore obliged me to have recourse to those means for preventing it with which the law has furnished me. I have no enmity to Mr. Bedard. I do not even seek his punishment. All I desire is the preservation of the public tran(|uillity, and the moment 1 have that security that he will not resume his attempts to disturb it, tiiat I can alone look for ' i a confession of the consciousness of his error in what he has done, I shall have great pleasure in consenting to his enlaro-ement." Two days after the I'riest came to me, and asked my permission to read a note which for greater accuracy his brother had written to him, as what he wished to say. It was exceedingly respectful and civil. He desired to express his acknowledgments for the generosity of my sentiments towards him, and to assure me that if ho could be convinc- ed by any man in the world that he had been in fault, it would bo on findino- that I thouo-ht so : but as that convic- tion must arise in his own mind, he must be content to submit to his fate. This passed about a fortnight ago, and since then I have not heard from him. I give you this account lest there should be any desire expressed to know how that affair stands. I have now an intricate at^'iir before me ; A cure of the name of Keller brought me a few days ago a peti- tion from himself and a very large body of his parishion- ers. This unfortunate cure^ par imranlhhc^ is an instance of the power exercised by tlie Catholic Bishop, having been about five years ag" removed by his sole authority from a very good parish to that which he now possesses, which is one of the poorest in the Province. It was in Denaud's time. His present parish is somewhere behind Berthier. The object of his present pretition is that / would erect the district he serves into a legal parish. The ' '11, K( '^; I jjjjljj* JU.2m Pl f , i: .11 i ir, I'll!;;" :^ "■<■'.■ M :>■ 156 case is, that it is not otherwise a parisli than as liaviniif been 80 const itutod by the liishop's sole autliority, and havinrr lately beg-iin to build a church, the autliority for which was conceded under the usual t'ornis by ihe Cinuniissioners at Montreal, when no question arose as to the establish- ment of the parish. Quelf/acn itialuttcntionnes^ a^: he says, have novr insinuated theniHelves among the people, and have persuaded them that the district never havinir been legally erected into a parish, they cannot bo compelled to pay their as^-cssments towards the building the church. This ha?, thrown them all into confusion, the only remedy for which appears to be an application to give them the necessary form. I asked him if the liishop knew of his ap- plication ; he said no, though he had some time ago in con- versation told him that he should apply to me. This would bring the point to issue at once, and there never could be a fairer opportunity for exerting the King's right, when it could be done on the cxj)ress application of those whom it particularly regaided. Yet am 1 extremely un- willing to begin anything on that subject, before I know the intention of llis Majesty's Ministers. I have Chief Justice Monk's opinion, which is decidedly, that it is His Majesty's sole prerogative to erect parishes ; and that the ordinance of the 30th April, 1791, is null and void, as militating against the king's supremacy, and as touching religion, and never having received llis Majesty's assent, and for other reasons, as pointed out in the Chief Justice's report when Attorney General, which was sent home by Sir Robi. Milnes, and must be in the Secretary of State's office. 1 wish indeed you could prevail on them, if they will do nothing else, to submit that report to the opinion of the law officers at home. I am almost afraid to bring the question forward here ; at any rate I shall en- deavour to stave it oft' till I see the complexion of your first communications. I have had another petition upon pretty near the same subject, from the inhabitants of the conces- sions at the back of St. AuQ-ustin. In this instance the cure has gone to very unjustifiable lengths of abuse, and I believe even of refusing: the sacraments to those who made the application to His Majesty's Government in matters regarding religion. The petitioners rather shrink from •I I mv\n.i»; been tor which ic cstablish- (, M^', ho says, people, and liaviuLT been L'unipeUecl to t\\o church, only remedy ,vc theiu the icw of his ap- ,e ago in con- e. This would ; never could King's right, ation of those extremely un- 3efore I know^ I have Chief that it is His and that the and void, as ,d as touching iijesty's assent, Chief Justice's sent home by Aary of State's jl on them, if report to the [1 almost afraid irate I shall en- |on of your first ion upon pretty of the conces- [s instance the ,f abuse, and I hose who made [ent in matters ;r slnink from ^r 167 sustaining this latter complaint, and I fear I should not be able to prove it, otherwise T should certainly move an information against him for so daring an act of contumacy. This was likewise about erecting a parish, or rather the joitiing them to a parish already erected. De Plossis is still out on his tour, so that I have not seen him since these transactions. Our road is going on, though it proves rather a more difficult business than we expected ; that the soil is less favourable, and the weather has been unusually adverse ; however, such has been the eflfect that beef is fallen in the market from T.^d. per lb., to, as I am told. 4^d., though the last time I enquired of Wilkio it was Cd., but that was some days ago, and I have not the opportunity of asking now as he is in town. This, however, is certain, that Ander- son has sent me an ofter to contract to furnish the troops for six months at S\(\. The meat too, both beef and mut- ton, is incomparably better than we had before. From some circumstances that have been noticed lately, there is great reason to suspect that from the insufferable indo- lence and want of knowledge of the Canadians, the agri- culture of the Province, instead of being with that of all the world, in a progress of improvement, is, on the con- trary, going backwards, and yearly becoming less and less productive. The produce of an acre is believed to be now, in many instances, scarcely above a third of what it was five and twenty or thirty years ago. That I think must be an exaggeration ; however, it is a subject worth enquir}% and if the suggestion appears to be well grounded, it will be a subject worthy the deliberative wisdom of Par- liament. The enterprising Jolliffe has begun a new speculation, which I am assured bids fair to outdo all the others that are now going on in this wonderful beehive of business. It is ship building at William Henry, where I have leased him a lot of ground for the purpose. He has already four vessels on the stocks, one of four or five hundred tons. He has set them all alive. Houses that were empty before now let for £40 and £50. I am still out here at Powel Place, but shall go into town in a few days, an the weather begins to be more pre- H f^ 168 if\ ctl carious. I find my being hero interferes with my busi- ness. My IGth* wentolf as usua^, — a wonderful fine day ! although it rained, I believe, for a week before, and ha» scarcely done anything but rain ever since. After being 80 doubtful about our harvest as to occasion an en(juiry by a Committee of the Council, we now find that it will, at least there is every appearance that it will, be better than that of last year, altliough from Three liivers to Berthier it has failed almost entirely. Yours most faithfully, (Signed,) J. H. CKAIG. Remember me kindly to Mrs. Ryland. MR. KYLAND TO SIR J. H. CRAIG, K. B. London, Tuesday, 11th September, 1810. Dear Sir, — Just as I was about to set o^ for the country yesterday, I received a note from Mr. Gordon infoiTningme that if I was still in town. Lord Liverpool would be glad to see me this morning at the office, so I let Mrs. Kyland and George proceed by themselves, as she had made her ar- rangements to be with the other children at a certain time, and I am now returned from waiting on His Lordship. He rtas had the goodness to read to me his public despatch to Your Excellency, the purport of which is nearly such as I expected. His Lordship candidly stated the reasons why His Majesty's Ministers could not, without stronger grounds, venture on bringing the affairs of Canada before Parliament. He particularly remarked that Lord Grenville, as father of the Canada Act of 1791, would rally his whole strength in support of his own child ; that an outcry would be raised concerning the oppressed Canadians, etc., etc. Li short. Sir, I felt persuaded that, as matters stood, you would not think it decorous or expedient for me to offer any observa- I tions in opposition to what His Lordship has stated in his I despatch as the reasons for not adopting, at this time, the L^ more decisive measures which you have proposed. His Lordship had the goodness to observe, that there were sev- ^ Alluding to hfite champetrt he had given on the 16th August, J : i ,iiiii 159 h my t)U9i-' ul tine day t ,re, an Province of ^edings wliicli t to transmit r so referred, the Attorney- servant, YERPOOL. [.31st, intituled, fvision for the orth America," ;vould be war- ititiition of that Led by the said the Parliament Provinces of lent, with one case such fur- 1 said Provinces sequence of the [sued a procla- Vr Canada into Ixppointing the ig the number such District, County, Township, &c., it would be lawful for the said or any future Governor, with or Avithout the authority of His Majesty, to make any nov/ division of the Districts, Coun- ties, Townsliijts, itc, and appoint new limits thereof, and declare and appoint the miiiihor of Representatives other- wise than first pToclaimod, without an Act of the Legis- lature of the Province and Assembly for that purpose 3 1. I think that the Parliament of the United Kir.i^dom would be warranted in making such alterations in the constitution of the two Provinces of Upper and Lower Canada, established under the 31st George III, cap. 31, as the necessity of the case, evidenced by the experience which we have had of that constitution, may require ; but it is to be expected that the ground of this necessity will be scrupulously enquired into and discussed by the Parliament liere, and that any change which is effected, however necessary it may be, will create great dissatisfaction in the Provinces among those whose power and influence is con- trolled by it. 2. I think that it would bo competent to the Parliament of the United Kingdom to unite the two Provinces of Upper and Lower Canada into one Government, with one Council and Assembly, and to make in that case such further regulations for the Government of the said Pro- vinces as may appear to be expedient. 3. I conceive that neither the present nor any future Governor can make any new division of the districts, &c., nor appoint new limits thereof, nor alter the number of Repre- sentatives which was originally fixed by the Proclamation issued under the 14t^ .section of the 31st George III, cap. 31. It seems to me that the power given by that section can be exercised but once, and that when His Majesty has once authorised the Governor to exercise it, and he has exercised it accordingly, no alteration can be effected in the division and declaration which he has made, except by an Act of the Legislative Council and Assembly of the Province, with the assent of His Majesty, or by an Act of the Parliament of the U^nited Kingdom. With regard to the two questions proposed by Mr, Kyland, in his memorandum which I have marked A, I U'J |T3 "ITMlTil ■MMMMii 4 t ( *! N 1 . ^1 ^.: 162 cannot say that the paper published in "Le Canadien," and upon which the proceedings of the Council were founded, are such as fix upon the publishers the charge of treasonable practices, and therefore it may be difficult strictly to justify the steps which have been taken against them ; but the passages which are adverted to were certainly calculated to do much mischief in the Province; they might, I think, be prosecuted as seditious libels, and with the apprehensions which were entertained of the effect of this paper, it may have been excuseable to resort to means not strictly justifiable in law for suppressing it. (Signed,) V. GIBBS. 22nd August, 1810. MR.RYLAND TO SIR J. H. CRAIG, KB. Cockglade, Tuesday, 2nd October, 1810. Dear Sir, — Since I last had the honor of writing tc your Excellency nothing has occurred deserving of parti- cular notice. I remained at Hinckley with my children till Saturday last, when I left it with Mrs. Ryland for this place. Whilst I was there I was honored with several visits by the Rev. Mr. Nicholls, Dean of Middleham, who I find is your old acquaintance. He has requested me to forward the enclosed letter concerning a young man of the name of Green, in whom he takes some interest, and who is gone out to Canada in the expectation of being employ- ed in the Commissary General's Department. His father is a wealthy manufacturer at Hinckley, and I have endea- voured to convince him that he might have done much better for his son by keeping him at home, and that there is but little prospect indeed that he can be employed to advantage in Canada. I am informed that Mr. Peel is not yet returned to town, nor will he, T expect, while this fine sporting season continues. I shall return, myself, the moment I find that the men in office are beixinnino: to collect, and that there is a chance of engaging their attention ; though I shall be at a loss how to proceed till I am honored with Your Ex- cellency's answer to my first letters, which were forwarded by H. M. S. Argo. I received one from Mr. Richardson ^ f 163 Canadien," mncil were le charge of be difficult iken against ere certainly ;tlieymigH id with the effect of this to means not J. GIBBS. , K.B. tober, 1810. of writing tc ^ng of parti- h niy children yland for this with several Idleham, who uested me to LTig man of the jrest, and who being employ- t. His father I have endea- re done much and that there employed to re k returned to Inorting season lent I find that Ind that there ^ugh I shall be Jvvith Your Ex- Ivere forwarded [r. Richardson the other day, with your name on the corner, but have had nothing direct from you, except \Yilliam's letter en- closing Bishop Denaud's memorial to Sir Robert Milnes. I cannot deny myself the satisfaction of adding, that Lady Milnes is in perfect health, and more beautiful if possible than ever. I have the honor to bo, Dear Sir, Your Excellency's Most faithful and most humble servant, H. W. RYLAND. P. S. — We are in momentary expectation of hearing of a decisive battle in Portugal, which I pray God may be in our favor. SIR J. H. CRAIG, K. B., TO H. W. RYLAND. Quebec, li^th October^ 1810. My dear Ryland, — I have been very ill since the middle of last month, and though I believe recovering, it is but slowly, and it is by means of a discipline little less severe than the malady itself, which after all, I fear it will only palliate, not cure. I write only to say that I am still with- out a word from you, though the August letters are arrived. The only letter from you is one to Thornton, written from Plymouth, and before you were landed. I need not repeat my anxiety to hear from you. I have been too ill to look to any business where my interposition was not indis- pensable. Of course I can have little to say to you. My road is finished ; I expect the parties in to-morrow. The Yankees are loud in the commendation of the execution. They say it is a better road than is ever made through a new country in the States. Beef by the quarter sold in the market this morning for 3^ ; but my friends of the Lower Town have found out that this is not the object, which, they say, is to prepare the way for bringing in a number of members to the House from that part. I hope by the next convoy, which will sail the 15th, to have to write to you more fully. I hope you will have seen my l^rother before this reaches you. Sir Hew Palrymplo writes me that he was sorry he was out of town when you called. :l i i^ t !l ■ ! ' ' (! ■( h V 'I 1 hi ■A -il •■ prevaricated in giving his reasons two or three times, and never mentioned the ^abject to Bowen till his going appeared completely settled. He now makes an appearance for which he certainly has not the means, and seems to be at no loss for his subsistence while at home. He is very intimate with Plessis, and we strongly suspect is going home as an agent of his, for some purpose or other, probably to communicate more intimatch^ than they choose to do by letter with Milner or the Irish Bishops.f The Priests certainly do their endeavours to estrange the people more and more from us. A young man who lived with a Mr. Mitch el as a clerk, mentioned to his Confessor the difficulty he found himself under, on account of the family not keeping maigre ; when, after giving him direc- tions on the subject, the latter added, with great warmth, * To wit : the publisher of this volume, who, on the expiration of hia clerkship, visited England, wholly for his own amusement, and at his own expense, little dreaming his movements could be of interest to any living soul but himself, much less give rise to the absurd c<,njectures here expressed by the worthy and sagacious old Governor in Chief, and the solicitude of his Attorney General, or other equally shrewd but impertinent catechisers, who, it seems, sus- pected the " young man " of a mission to " communicate with Mil- ner or the Irish Bishops/' and were rather unnecessarily alarmed on the occasion ! f Bishop Plessis was a benevolent and kind-hearted man, remem- bered by the publisher with feelings of high respect ; but he never, it is almost needless to say, entrusted the "young man" in question with any such mission, or commission of any kind. I ^ W:r I- mmmm 4* -m., Ut7 -;r?-»Rn 166 H ^ ' i i;. J; ' .1 ' 'f I and not at all as applying to that difficulty : Maispourquoi demeiirer dans une laniille anglaise, je ne veux pas que vous y restiez, il faut la quitter. '^I'he young- man said he thought it so aboniiuablc, and so little connected -svith con- fession, that he told the story, which has been brought to me. There have been one or two other instances with re- gard to servants. These little occurrences show the dis- position, at least. I suppose some of your other friends will give you the chit chat of the place, to which I ain little equal, for I am still far from well, so 1 will take my leave. Your's ever, J. 11. CRAIG. The Bishop's Mandement is no otherwise exceptionable ; on the contrary, it seems guardedly drawn up. 1 only send it to show the independence he assumes. Quebec, 9th JVovemhcr, 1810. My dear Ryland, — I wrote to you on the 6th, but a vile easterly wind having come on just as the Clifford was going to sail, I have the means of sending you another letter, which I am inclined to do, upon a subject which was communicated to me yesterday. I. have seen the Me- morial of the merchants trading to this country, which Mr. Atcheson was to present to Lord Liverpool in Septem- ber. It is strong, though I am not at all disposed to say that it is more so than is required by the occasion. One copy only has been received here yet; Mr. McGillivray got it from his brother. It has been handed about among the English, but is not yet public. Among them it is highly approved ; but what will be the sensation when it comes to the knowledge of the opposite party, it is not difficult to foresee. It has been comnmnicated to me, that it is in contein- plation, w'ith the Committee of Merchants at this place and at Montreal, to present a petition to suspend the pre- sent constitution of this country, during the ])resent war, and for five years after, during which period it should re- vert to its former Government by a Governor and Legis- lative Council. This exactly meets my idea ; but in the f 167 sketch tluit has been as yet formed, they reconiinend ail increase in the number of wliieii tlio Leo-islative Council should be composed, and this increase, if carried to any extent, is ivhat. I thhik should be avoided. In tlie former case, the Council was to consist of not more than 23, or less than lY. I would not now have them more than 31, or at most 35. Several reasons weiu'h with me to be of this opinion ; but the principal is, the extreme ditficulty of filling it with proper people, beyond that extent, at least, without g'iWnsjf a prej)onderan('e to some particular inter- est, whicli ouo-lit certainly to be avoided. A reasonable proportion of, Canadians must also be of it, perhaps a Jjurd. at \ea§t. Now, where shall "we. find niore than a d ozen ( jf. tlintf <'lntt>;^ -who will ^lot. exert their utmost en- deavours to clog the proceedings with (lifRculties. They may, indeed, bo over-ruled ; but they will then clamour, and have recourse again to their parish orators to keep up the ferment. I do not find that in the last Legislative Council there was any President. Surely there should be one at the nomination of the Governor, either each Ses- sion, or during pleasure. The latter would give more dignity. I think of callino: Parliament toijether in December, letting them choose their Speaker, and then [)roroguing them immediately. However, I have not yet iihally set- tled it. It will ensure, beyond any controversy, the con- tinuance of two temporary acts in existence, which expire on the tirst of January, or at the termination of the next Session, and I think it mav be advisable to have it over before I receive any instructions, or before we get infor- mation of any measures which may be likely to be adopt- ed at home, the consequences of which I can then consider at leisure, without being hampered by the necessity of calling them perhaps immediately, for you know they must at any rate be assembled before the 2ord February. I have not yet made up my mind as to the question of simply proroguing them without saying anything, or telling them that having reported the extraordinary events that liave taken place, 1 wait Her Majesty's instructions. The former will be more expressive of alienati-'n from them, the latter will be a little more conciliatory. Neither will prevent violent clamour and determined abuse, ii :f* } )• ' -VapW . t 168 Still without a line from you, although Kempt received a present from you yesterday, Avhich came by tlie Cumber- land. Some accident has certainly happened to the Argo. Adieu. Yours, J. H. CRAIG. P.S. The original of this goes by the Clifford, this by the Wilmot under the charge of Major Heathcote. I have finally determined upon the measure of calling Parliament in December, the Proclamation will be out on Thursday. ■;• ■ i ,ti " w I I ■'''' i i II ra Hi 13 MR. RYLAND TO SIR J. H. CRAIG, K. B. London, Saturday^ 9th November, 1810. Dear Sir, — Since I last wrote to your Excellency I have been honored with two letters from you, one dated 6th August, which reached me the 4 th October, and an- other without date, but evidently subsequent, which I re- ceived on the 28th of that month. The extraordinary state of suspense and anxiety in which the administration, (and indeed the whole nation,) has been placed for a length of time past, has precluded all idea of renewing my attendance at the Secretary of State's Office, with a viev/ to the transaction of public business. I have, however, prepared memorandums to be submitted to Lord Liverpool, relative to those subjects mentioned in your despatches, which do not require legis- lative interference, particularly the proposed assumption of the patronage of the Romish Church, the erection of pa- rishes, and the final disposal of the Jesuits' and Montreal Seminary Estates, as matters of the highest importance towards Q-ivincr to the Crown its due vreiffht and influence in the Province, lint it would be perfectly useless, and might even do more harm tirvn good, were I to attempt bringing anything forward at the present momentous crisis. AVhenever it becomes advisable to renew these subjects, I shall not fiiil to avail myself of the particulars mentioned in Your Excellency's last letter. "■m 169 Kempt received e by tlie Cumber- eiied to the Argo. J. II. CRAIG. ifford, this by the otc. I have finally ng Parlicament in on Thursday. JG, K.B. 'ovembcr, 1810. Hir Excellency I n you, one dated October, and an- ient, which I re- and anxiety in le whole nation,) has precluded the Secretary Lction of public Lorandums to be those subjects \ot require legis- assumption of irection of pa- and Montreal lest importance ^t and influence :ly useless, and re I to attempt Imentous crisis. |ese subjects, I irs mentioned . ^. I cannot add any- thing to what you will find in he public papers. I have ever been confident of success . £ pain and Portugal, and especially since the meeting of the Cortes, which body, I am persuaded, is competent to the utter overthrow of Buonaparte's power. We have a set of desperate revolu- tionary rascals in this country, who fird fault with every- thing, and would, if possible, destroy every thing ; but I trust in God they will be kept under. I should hope the fate of Cobbett will have some effect in Canada. I must now hasten to the ofiice with my letter, as the mail is to be closed this afternoon. It rains, and has done so for these ten days past, as if heaven and earth would come together. I will call at General Craig's to-morrow or next day, and hope I shall at length be so fortunate as to get access to him. Mrs. Ryland desires to present het best respects to Your Excellency. I have the honor to be, &c., (fee, H. W. RYLAND. P. S. — In my first letter I acquainted Your Excellency that I should send duplicates, but the particulars I have entered into are of such a nature that on reflection I have determined not to risk doing so, unless there should be an I < I - ir u*v. ' , ' i' M i ! F, '.!l i i I * I: '1 ^;ii: P^ t'.p! ; t H lit:! ■i'lt'ii 'I!''! no absolute necessity for it. I will not forget the ' nor any other commission you may honor me with. H. W. R. MR. RYLAND TO SIR J. H. CRAIG, K. B. London, Thursday^ I5th Nov., 1810. Dear Sir, — I had the honor of an interview with your brother on Tuesday, and I am truly concerned to inform you, that I found him in a very weak state of health. He was in the room below stairs, and Sir T. Trigg sitting with him. After the latter was gone he told me that Lady Dalrymple was going to Avrite to you concerning Miss C, who it seems has had a disagreement with the lady who had the care of her, and in consequence of it has left her house. At the same time he begged me to mention to you, that she is now eligibly placed, and that he has sent her whatever she was in want of. I took the liberty of offering Mrs. Rylund's services, in case she could in any way be useful to her. I was yesterday with Sir H. Dalrymple, who aid me the honor to call on me the day before ; but Her Ladyship I had not the good fortune to see. He agrees in opinion with me, that the ministry are too weak to enter on any decisive measures with respect to the Government of Lower Canada ; that the main object of all theix endeavours is to retain their places, and to avoid as much as possible every subject that may call for pablic discussion. From him I went to St. James' Place, where I found Lord S. just arrived from the country, and passed some time with him. In the course of conversation he expressed himself much obliged to you for your kindness to Ilawdon, whom he continues to take an interest in. I touched but slightly on the politics of Canada ; but from what I know of His Lordship's sentiments, I feel confident that, in case of his coming into power. Your Excellency will have in him a firm supporter of your administration. Tuesday, 2^th November. I called this morning on Mr. Peel; he admitted me the moment I sent up my name, but appeared very dif- 171 the me with. H. W. R. 5, K. B. \h Nov., 1810. view with your rnetl to inform of health. He igg sitting with me that Lady erning Miss C, 1 the lady who it has left her to mention to lat he has sent i: the liberty of 3 could in any le, who aid me t Her Ladyship rees in opinion o enter on any ment of Lower endeavours is ich as possible ussion. From )und Lord S. me time with Iressed himself awdon, whom gd but slightly know of His in case of his ave in him a I November. I admitted ma ired very dif- S'/l forent from what I have been accustomed to see him, owing, I imagine, to the peculiar situation in whicli Min- istry find th«'niselves just at this moniont. I told him I camp merely to pay my rospcM'ts to him ; that I did not suppose any further discussion of Caniula affairs »ould take place at presetit, but that I should be ready to attend at any time when he or Lord Liverpool thought I could bo of service. He seemed quite distrait, and 1 did not stay witli him above two minutes. Thursday Night, l^th November. I had a letter from Lord S. yesterday, enclosing one which he had written to me by Captain Warren of the Argo, who it seems has made an unsuccessful attempt to get to Quebec, and is now returned to Portsmouth. My letters to Your Excellency, Nos. 1 and 2, were put on board his ship, and it is un infinite mortification to me that they should not have reached you. I feel it the more from having this moment received yours of the 26th October, in which you express so much disappointment at not having heard from me. I flatter my myself that my Nos. 3, 4, 5, 6 and 7, which went by the September packet, and contained every particular that I thought could be interest- ing to Your Excellency, have been more fortunate. I un- derstood that the August mail was closed before I saw Lord Liverpool, and finding that the Argo was to sail for Quebec about the middle of that month, I trusted to it as being much the safest and speediest conveyance. If my subsequent letters have reached you, the two first will not be of much consequence ; however, I shall send duplicates of them by this opportunity. My letters by the packet, as well as Lord Liverpool's, were put under cover to Mr. Barclay, to whom I wrote, requesting he would forward them by express. It gives me inexpressible concern to hear that you have been so unwell, and I fervently pray God to restore you to health. Before I close my letter Your Excellency will pro- bably expect one word from me concerning the sta+3 of political parties at this moment. With rerpect to the Ministry, although they are evidently very wGak, it appears to me that they have a certain majority in their favor, and should His Majesty recover, and more especially should I i Ill f.i; i.fi. .1 ■ I I f k^ r'.i 71 i'':t ^ 'f 1*^ ■ 1 'i 1 'i 173 Lord Wellington be successful in Portugal, (of which for some time past I have not entertained a doubt,) it is most probable that they may b(; able to retain their places for some time longer. Tlio opposition, if it may be so called, seems to be broken into fractions (or factions) that cannot easily be united. The thr«'o most prominent characters are Lord Spencer, Lord Moira, and Loivl Grenvillo. These are considered as devoted to the Prince^ and under them, I have reason to think, the new administration will bo formed, were any event to throw into His Royal Highness' hands the reins of Government. It is probable Mr. Canning's abilities would also be placed in tne same scale. Sheridan would come in of course ; but of other inferior personages I am unable to speak. Lord (Jrey is said to have had a serious misunderstanding with His Royal Highness, but for the truth of this report I cannot vouch. In short. Sir, the situation of things in this country just now is altogether the most extraordinary that has occurred since the com- mencement of the present reign ; and it is scarcely possi- ble to form any well-grounded conjectures as to what may be the state of the administration two months hence. I shall not fail by every opportunity to transmit Your Excel- lency the most correct information that I am able to ob- tain with regard to all those public objects in which I think you will take an interest ; and you may be assured that I will omit no occasion of soliciting a final determina- tion on those matters in particular which you have autho- rised me to press upon the attention of His Majesty's Ministers. I have the honor to be, Dear Sir, Your Excellency's Most faithful humble servant, H. W. RYLAND. P. S. — I transmitted Your Excellency Mr. Duchesnay'a mandamus to the Legislative Council by the September mail, and if by chance it should not arrive, there are pre- cedents sufficient to justify your issuing a summons in his favor, should you think proper. Vide the case of J. Younff, &c., who was sworn of the Executive Council, though the mandamus miscarried^ 7'!! . ■'* '"-N iiill 1 \ '^^, i \y 173 1, (of which for oubt,) it is most their places for lay be so called, ons) that cannot re Loivl Spencer, iro considered as [ have reason to rmed, were any hands the reins inning's abilities Sheridan would personages I am ive had a serious less, but for the ^n short, Sir, the low is altogether since the com- is scarcely possi- i as to what may onths hence. I mit Your Excel- am able to ob- cts in which I nay be assured inal determina- yoii have autho- • His Majesty's lumble servant, RYLAND. r. Duchesnay'a the September there are pre- mmons in his case of J. utive Council, MR, RYLAND TO SIR J. 11. CRAIG, K. K Thundai/ Night, 11 tk December, 1810. Dear Sir, — Siiice I last wrote to your Excollency (29th Nov.,) I iiave had the, honor to rcct-ivo yours of the 9th Nov., (origliuiland (liiplicaU',) with a IM^. of the 12th, also one from Col. Tliornton of tliu r)tii,and two other letters from Quebec by Mr. Stewart,(late(l as late jus the 2Uth November. A goiitlciiiaii from the (Jeiieral Tost Ollice called on me a few days anfo, to inform me that the September packet readied Halifax the 3rd, and New York the I7tli of No- vember, by which conveyj.'ice you will receive Lord Liver- pool's i^^eiieral answer to the despatches which I brought over, together with my letters, numbered 3, 4, 5, and 7, all under cover to Mr. IJarday ; and as I wrote to request ho would forward them by ixpress, and Mr. Stewart tells mo the St. Lawrence was quite free from ice when he sail- ed, I flatter myself I may yet receive an acknowledgment of them by way of the river, as I calculate they would reach Quebec about the 27th. It is impossible to express how anxiously I look for your answer to these letters, but you may form some idea of my impatience in this respect from the anxiety you yourself have felt to liear from me. There is little doubt now but that we are on the eve of very important changes in the administration, and as no- thing essential has hitherto been done by the present Min- istry in furtherance of Your Plxcellency's views, it is possi- ble you may wish me to remain some time longer, for the purpose of trying what can be obtained from their succes- sors : who they will be it is impossible at this moment to say, and I will not take up your time with idle conjectures. From the very decided part Lord S. has taken in support of the Prince's cause, every body is led to conclude that he will certainly be one of them, and I rely with confidence on obtaining a much greater degree of attention through him than I have hitherto met with ; but I refrfiin, through motives of delicacy, from going near him just ai present. As this letter will be forwarded by a pri\;ite conveyaiK ?, I shall not write so fully as I otherwise would do. J. u:')'3t, however, observe that, in what I say concerning my furt .:er stay in England, I am influenced solely bv a desire to assist i2 1% ■^li If #1 till 174 w: rS !.:,! if h- in the accomplishment of Your Excellency's views for the benefit of the Province over which you preside, as four months experience has already proved to me, in the most convincing manner, that my own circumstances must suffer very considerably by a longer stay here, unless I can ob- tain an indemnification from Government for the extraor- dinary expenses that have unavoidably attended ray mission. It is a great satisfaction to me to find that my ideas with respect to calling the Provincial Legislature together in time to prevent losing the Act for the better presei'vation of His Majesty's Government, perfectly accord with Your Excellency's. I only lament that the letters by the Sep- tember mail will not reach you, (as I had flattered myself they would,) in all October, as I think it probable that a laiowledge of what has passed here might have induced you to convene the two Houses, in November, by which means your intention with regard to that particular object would have been the better concealed. I dined the other day at Mr. Atcheson's, in company with Messrs. Todd, McLeod, McGillivray, Henry and Uniacke. The latter evidently avoided speaking to me, and his whole conduct convinces me that communications have been made to him from the Secretary of State's office of all that has been said concerning him. Your health was drank after dinner, but I avoided as much as possible entering into Canadian politics, and came away early, Friday^ 29th December. I shall write again by the mail. I am now going into the city with this, and will write to Thornton when I re- turn, if the vessel is detained. I have the honor to be, Dear Sir, Your Excellency's most faithful humble servant, H. W. RYLAND. % MR. RYLAND TO SIR J. H. CRAIG, K. B. London, Sunday, 1 3th January, ISIL Dear Sir, — -A few days after I last had the honor of writing to Your Excelleicy I called at the Secretary of State's Office, and saw for a moment both Lord Liverpool ■^ i 'I ■ teml»er, lie told me he would take the Ecclesiastical affairs of Canida into consideration in the course of the winter, and I have been prepared according- ly ; but for these three months past it has been impossible to enter on any business with His Majesty's ministers ; and now we stand all ebahi, as the French would say, wonder- ing who are to step into the shoes of the men at present in power ! I must not omit to inform Your Lordship, that shortly after my arrival I wrote to Mr. Peel, pointing out the mode in which the Governor thinks it mo.>i advisable the resump- tion of the patronage of the Romish Church should be carried into effect, and to this Lord Liverpool referred in part, when he told me he would take the Ecclesiastical aflfairs of Canada into consideratioii. I shall not fail to place in its true light the insolent ;iiid presumptuous docu- ment Your Lordship has sent me, and to obtain, if possi- ble, the opinion of the L•a^/ oflicers of the Crown on the subject. I have now only time to add my best wishes and regards to Your Lordship, and all your family. I have the honor to be, My dear Lord, Your Lordship's Most faithful humble servant, H. W. RYLAND. MR. RYLAND TO THE RIGHT HONORABLE GEORGE CANNING. Hinckley, Friday/ Evening^ 2Sth September , 1810. Sir, — I think I owe it to myself, before I leave this place, to make some apology for having, rather in an unu- sual way, intruded on your retirement. The fact is, that having been honored by Sir James Craig with a confiden- tial mission to His Majesty's Ministers, relative to the political state of Lower Canada, I was requested by the n It 179 rif^ ter you had •pool before I )iild take the ation in the 3d according- m impossible dnisters ; and say, wonder- in at present that shortly out the mode e the resump- cli should be )l referred in Ecclesiastical ill not fail to iiptuous docu- tain, if possi- )rown on the ;s and regards Imble servant, XAND. IlE GEORGE \iber, 1810. II leave this sr in an unu- [fact is, that h a confiden- lative to the ^sted bv the Lord Bishop of Quebec to take charge, not only of the private letter which I sent to you inmiediately on my ar- rival in London, but also of one of a more public nature, which His Lordship begged me to return to him in case of your not being, as he hoped, in office when I reached this country. Being uncertain whether the Bishop in his pri- vate letter adverted or not to the matters wliich I knew were the subject of liis public dcs])atch, and finding myself accidentally thrown in your way, I was desirous, in paying my respects to you personally, to afford an opportunity for any enquiries wliich you might think proper to make re- specting the Ecclesiastical atiairs of Lower Canada. One other motive for my intrusion I will frankly avow. Although a long absence from my native cou^itry, (to say nothing of the smallness of my pretensions,) has allowed me to have access to very few only of tlie public men of the day, I have not been unobservant of those who have stood most prominent in those eventful times ; and I Hatter myself you will not deem it impertinent if I have been impelled to solicit a momentarv interview with one whose talents and character have, above all others, excited my admiration and respect. Sincerely wishing that your country may not long be deprived of the great advantages to be derived from j our abilities as one of His Majesty's Ministers, I have the honor to be, Sir, Your most humble servant, H. ^V. RYLAND. 111 COPY OF MR. CANNING'S LETTER TO MR. NOT SENT TO THE BISHOP. RYLAND, Hinckley, 29th September^ 1810. Sir, — I have this instant received the letter which you did me the honour to address to me last night. So far from deeming any apology necessary or your part, for the civility which you were so good as to show me by calling upon me here, I feel that I should owe many apologies to you for not having availed myself of the op- portunity to cultivate your acquaintanc , if I did not hope ' 1' W if " ■I;.,'! i ; $ h h : i «i !l I! I. r U ipl ■II ..'. 'li':;ii I i 180 that you are sufficiently aware of the nature of those diflll- culties which the accommodations of a lodging house in this place impose upon any social intercourse. I hope, if you should not have left England, (as I col- lected you were not likely to do,) before the meeting of Parliament brings me up to town, that I shall have an op- portunity of seeing you there before your departure. Situated as I am, I should rather decline than solicit any communication on tlie subject of the commission with which you are charged to the King's Ministers. The Bishop of Quebec will not think that I do so from any want of interest in what may concern him. Both he and you must know the political world well enough to know that objects of that sort are not best promoted by the inteference of persons out of office. That consideration will not prevent me from deriving great pleasure from your success in anything in which you may be employed on behalf either of the Bishop or of the Colony. With best wishes for that success, and with very sincere personal esteem, I beg you to believe me, Sir, Your obliged and obedient servant, (Signed,) H. W. Ryland, Esq. P. S. — If anything should bring you back to Hinckley in the course of a month or six weeks, I hope to have the pleasure of seeing you, as I shall be still here at that timet HON, ANSWER FROM H. W. RYLAND TO THE RIGHT GEORGE CANNING. CoCKGLADE, 2nd October^ 1810. Sir, — I had the honor to receive on my way here your letter of the 29 th SepLember, for which I beg leave to return you my sincere thanks. I will at this time only take the liberty to say, that I intend going to town about the beginning of next month, where it is probable 1 shall be detained by public business during the remainder of my stay in England ; and if any fair occasion should oifer of profiting by the permission i I '..I of those dim- ring house in e. md, (as I col- ic meeting of ill have an op- ipartm-e. han solicit any mmission with iters. at I do so from him. Both he veil enough to it promoted by ! from deriving ng in which you 3ishop or of the vith very sincere )bedient servant, ok to Hinckley lope to have the [ere at that time* RIGHT HON. )ctob€r, 1810. way here your 1 1 beg leave to , to say, that 1 of next month, public business |nd; and if any the perrniBsion 181 Vou liHve so kindly given me, I sluvU avail myself of it with greater satisfaction than I can I'Xpross. [ have the honor to be, witii the highest respect, Sir, Your most iuunble ?.ervant, 11. W. RYLAND. SIR JAMES H. CRAIG, K. B., TO H. W. RYLAND. QuEHEc, loth January, 1811. My dear Rvland, — About a month ago 1 received from Mr. Barclay, at New York, tlie two packets addressed to him, from the Secretary of State's Office, so that I have your letters Xos. H, 4, 5 and 6. Nos. 1 and 2, you will re- collect, were on board the Argo, which has never made her appearance here. We understand that she bore up for Newfoundland, from whence your letters will probably have been forwarded by the way of Halifax, and I shall receive them by the post from that place, which we expect in a few days. Nothing, I assure you, can be more satis- factory than your letters have been to me. I wish I could say as much of the matter of them ; but I will confess to you, that it is exactly such as, after giving the subject a more mature reflection, I expected. You may rest satisfied that your letters have not been seen by any person what- ever. I wrote to you by the ship in which the Jollifies went home, with a duplicate which went by another vessel, the Wilmot. You Avill, therefore, know that I intended to call Parliament on the 12th December. I had taken this resolution in the expectation that I should have been able to prorogue them immediately, upon the grounds of not having received any instructions on the various points which I had thought it necessary to report to His Majesty. Unfortunately, as I then thought, though I am now well pleased at it, I received Lord Liverpool's despatches about a week before their meeting. I was therefore deprived of that pretence, and determined to adopt another plan. My determination was to coinpt^l them to pass the Bill for the better preservation of His Majesty's Government, previous to the let of Januar , or to prorogue them before (!■ 1 l!i:T I liitl i ■MMtniM I .j- kn r ■ I ( L ( 'f f'i' i ' 1 i If ■ , *1 1 82 that day. Never having had in conteinphition that they would be called together before that month, they had limited the duration of the Act to the 1st January, or to the end of the tlien next ensuing Session, so that it was evident that by proroguing them, if they neglected to pass the Bill, I complied with the Constitutional Act, which provides for their being called together once in every twelve months, at the same time that I insured the con- tinuing the Act in force until I thought proper to call them together. I inclose you my speech, by which you will see that I gave them pretty clearly to understand my expectations. They had met full charged with hostility, and among other resolutions were determined not to pass the Bill but under such modifications as would have rendered it completely useless. By their Address to me you will see that they told me as much. I, however, appointed them a pretty distant day for receiving their Address, which, \ipon the first reading, had appeared to me, as well as to others, to contain a disrespectful allusion which required some con- sideration. In the meantime, having become sensible of ray firm determination to prorogue them, from which I was not to be diverted by any blustering or threatening on their part, and aware of the outcry that would be against them if the public business was any longer delayed, they felt the necessity of giving way, and the very day after they presented to me that Address in which they expressed their intentions of not doing it, they unanimously passed the Bill, without amendments, as it had been sent to them from the Legislative Council. They afi:ected to take ray answer in good part, but I know that the leaders of the party felt extremely sore on the occasion. The part of their Address, which I have observed to have contained a disrespectful allusion, is that in which they say : " they " reflect Avith pain on the ettbrts which are made to repre- " sent in false colours, and in a manner wide of the truth, " the opinions and sentiments of the different classes of " His Majesty's subjects in this Province." This was view- ed as an intended reflection upon those whose opinions I am supposed to take, as representing them in a false light, and by consequence an equal reflection upon me for acting I ;1 -f: I ■^4 [on that they ith, they had lanuaiy, oi" to i) that it was rlec'ted to p;iss :il Act, whieli )iu'e in every ured the con- er to call them vill see that I ' expectations. [I among otlier Bill but under it completely 1 see that they them a pretty liich, upon the s to others, to red some con- me sensible of rom which I ireatening on •uld be against delayed, they cry day after hey expressed mously passed been sent to fleeted to take the leaders of )ii. The part ave contained y say: "they lade'to repre- of the truth, ent classes of This was vievv- ise opinions I a false light, me for acting 183 upon those false suggestions. This was certaiidy their original meaning, and the (;lauso was warmly contested by the Knglisli party on those grounds. It was the cunning of the elder Papineau, who worded it in the manner in which it was presented, which is certainly ambiguous. As, however, I soon discovered that it might be taken in another light, I tlioiight it better to do so, and thereby avoid the asperity with which it would perha))s have been necessary otherwise to have replied to it. Debartzch acted well in this business. He told them plainly that he and several other members were determined not to concur in any measure which -ould bring on a pi'orogation, and leave the business of ili«i Province at a further stand. The u-ianimity with which (lie Bill passed was merely a trick to prevent the names being entered on the minutes. The Alien J-Jill, and that for the regulation of the American Trade, passed, likewise, without any difKculty. If there could be any credit in a triumph over these people, the present one has been most complete. They seem broken to pieces, and certainly act without system. There is the appearance of three parties among them. The one^ of the most violent of the whole clique, of which Bourda(jes is the head ; another, with the same views, but with much more art, and a cunning that will frequently deceive themselves, is led by Papineau. The third party atiect a sort of nationality ; this is Debartzch's party, and is not numerous. You may well suppose that the atfair of Bedard's con- finement has not remained so long unattended to. The obtaining his release was one of the points in which they were the most strongly bent, and it is understood that the whole Province, that is, such as thought upon the subject at all, considered that their interference was to procure his release, as a matter of course. They had themselves unanimously given it to be so understood, in so much that :hey felt themselves not a little lumipered by the sort of eno-aoenient into which thev had entered, when thev found that they would meet with greater ditliculties than they had been aware of. Their proceedings and their lan- guage minate pr( grew gradually more moder d in a set of Kesolution 1 P IJ :'li ,. If ste, and at length ter- hich I enclose you ; but - if ' k M\ I .J 1 m \i i l\ Mi t J -t! \ -11 184 even these, inoor ; indeed he jiad always said that the fakiiiL'' up of Hcdard was p(Mtcctly right. J rather thiidv 1 sliall iiear no more on this suhject. The House now is going on with the necessary l)usiness of tiie Province. 'Jhey liave, indeed, most unaccouiitaMy, and witiiout the possibility of assigning a reason, rejected a l»ill that had pas.sed the Council, for the more easy dis- covery and punisliment of persons buying stolen goods, in cases of petty larceny, where the thing stolen is under the value of 20s. This Act was extremclv necessarv, for at the last Criminal Term a man was ti-ied, wlio, it was proved, hail bought eleven bolts of canvass, stolen by sailors from their ships, at different times; but as the can- vass was damaged, the Jury would not take upon them to value any one separate pi<'ce at 20s. Tlie consequence was, that he walked out of the Court laughing at the Judges, the Jury, and all of them ]>ut together. This business of their rejecting the Bill is a subject of much (^om|>laint ; and a wag has proposed to open a shop to deal in stolen goods, according to law. The House is now em])loyed in the consideration of the expediency of contimiing the Act of the 45 Geo. HI., for j levying duties to raise a fund for building the Gaols of j Quebec and Montreal. The further continuance of this Act seems to be universally wished for ; and, although opposition is to be expected on the part of the merchants, yet 1 am given to understand that it will not be strenuously resisted in ; on the contrary, I am taught to expect that they are disposed to behave handsomely on the occasion, although they must preserve the appearance of consistency. Admitting that they suffered on the first laying on of these duties, wiiich, however, I do not think was the case, yet it is impossible they can suffer any inconvenience what- ever from the continuance of them, as all their arrange- ments are made to meet the circumstance. The fact is, that they are felt by nobody, and there are a number of i works and buildings of public utility, of the want of whiob j every one is sensible. Houses of correction, in each dis- trict, are indispensablv necessary ; and a principal object k2 > k i 'i. IMAGE EVALUATION TEST TARGET (MT-3) 5< // 1.0 If "** I I.I 1.25 2.5 Eug ■ Ki 12.2 ni 1.8 tt IM V] ^ /a % > ^^^.x^' ^J" J> ^>. '^:> /A Photographic Sciences Corporation \ <> "^ v ^ 23 WEST MAIN STRfET WEBSTER, N.Y. 14580 (716) 872-4503 <\ 1-^ a ! 186 fil h Iv!, I ; i M'1 U ' 4''i Mi 'n: i] I f S'! is a building to contain proper conveniences for the sittings of the Parliament, and a complete set of public offices. You know how much this is wnnted. I was obliged this time to secure the Council room by props under the floor, before the Chief Justice would consent to go into it. The truth is, the walls have given way a good deal. They have talked of appropriathig £30,000 for this building ; 1 have advised them to put it down at £50,000, at the least. After what I wrote to Lord Liverpool by you, I felt my- self a little embarrassed on this subject ; I, however, found it a measure so generally wished for, and likely to pass without that opposition which I expected from a certain quarter, that I have given ray concurrence to the introduc- tion of the business, and if there is no objectionable clause in the Bill I shall consent to it. There is no possibility of my referring it to the King's pleasure, because the act must take place before the signification of that pleasure could possibly be obtained, and there would be no means of accommodation either to the merchants or to the pub- lic, by which the duties could be conditionally collected in the interior, if it should be finally disapproved at home, the orders for that purpose will put every body upon an equal footing. I have thrown out a liint that if they would make a liberal provision for the permanent payment of the expenses of the administration of justice, and support of His Majesty's Government, I thought it not im])robable that His Majesty would consent to these duties being made permanent also, the surplus remaining at their dis- posal for works of public utility. This is a delicate sub- ject, and I was. obliged to touch it tenderly ; however, I have thrown it out, and we shall see if it produces any eflfect. They have passed a Bill for rendering the Judges in- eligible. This, I shall probably take care to tell them that I assent to with particular pleasure, as it implies a complete renunciation of the erroneous principle wliich obliged me to dissolve the last Parliament. I think I have put you pretty much an fait of our pro- ceedings in Parliament, and I have done so in order that you may be able to inform Mr. Peel how we are going on. Perhaps Lord Liverpool, himself, will not be disinclined to ^MUh, 187

■' ",■' j ^1 ' 4 '■«?' ■■'Si 'l«l. It 1/ I ' ■J I 'I * Tt I :!'?^ !88 writing hurts me so miicli that 1 liave been obliged to have recourse to dictating, wliicli 1 never have been accustomed to, and find very ditlieult. It is AVilliam who is writing to you, as you will see by the hand. I had almost foro-ot to tell vou that Grev, the Sheriff of Montreal, is dead. It was impossible to keep it vacant. You will know to what this observation alludes. The universal voice and application is so much in favor of Er- matinger. Grey's nephew, who has conducted the business these twenty-five years, that I shall give it to him. Young Ogden was a candidate. Your friends here are all well. Yours ever, J. H. CRAIG. P. S. — You observe that I have studiously avoided any observations on Lord Liverpool's answers. This goes b}' a private hand to New York. I shall not write till the river is open again, when I shall send a regular report of our proceedings. 11 th. — We yesterday received a report of the melan- choly event of the King's death. It is but a report, and that through an American channel. It is, however, so given that we are forced to attach some credit to it. If it should be so, Mr. Peel may, and j)robably will, be out of office. I, therefore, continue to direct this to Green- wood, notwithstanding your desire to the contrary, in your letter to Thornton. Bourdages Jlies the pit ; he says there is nothing to be done in the House, and has asked six weeks leave of absence. House of Assembly. Monday, 2Uh December, 1810. Resolved, — That Pierre Bedard, Esquire, was one of the Repre- sentatives for the Lower Town of Quebec, in the last Provincial Parliament, at the time of its Prorogation, on the 26th of February last. Resolved, — Tliat the same Pierre Bedard, Esquire, was one of the Members of the last Parliament, as Representative of the Lower Town of Quebec, at the time of its Dissolution, on the Ist of March last. w,Xi-*\ "'.pfs.vi-.^oMm 189 Resolved, — Thnt by a Warrant, issued from the Executive Coun- cil of this Province, the 19th clay of Marcli last, by virtue of the temporary Act, intituled, 'An Act for tlie better preservation of His Majesty's Government, as by Law happily established in this Province," the said Pierre Bcdard, Esquire, was, on the said 19th day of March, apprehended and conuuitted for treasonable practices, and has always been, and still CDutinuos* to be, detained in the Com- mon Gaol, of the District of Quebec, by virtue of the said Warrant. Resolved, — That the same Pierre Bedard, Esquire, was elected on the 27th of March last, and returned as one of the Knights Repre- sentatives for the County of Surrey, to serve in the present Provin- cial Parliament. Resolved-, — That the same Pierre Bedard, Esquire, is now one o f the Members of this House for the present Parliament. Resolved, — That the simple arrest and detention of any one of His Majesty's subjects, under and by virtue of the authority of the temporary Act ot the Provincial Parliament, intituled, "An Act for the better preservation of His Majesty's Government," does not bring him under the description of those who are declared incap- able of being elected to serve in tlie House of Assembly, by the 23rd clause of the Act of the Parliament of Great Britain, of the 81st year of His present Majesty, cap. 31. Resolved, — That the provisions of the 6th clause, of the tempor- ary Act intituled, " An Act for the better preservation of His Ma- jesty's Government as by Law happily established in this Pro- vince" guarantees to the said Pierre Bedard, Esq., the right of sitting in this House. Resolved, — That an humble address be presented to His Excel- lency the Governor in Chief to acquaint His Excellency that this House have taken into serious consideration His Excellency's mes- sage of the 18th instant and have accordingly passed several Reso- lutions which they conceive to be their duty to submit to His Ex- cellency, and that it is the wish of this House, should His Excel- lency not deem it proper to lay before them any further communi- cation on this subject, that Pierre Bedard, Esquire, Knight Repre- sentative for the County of Surry may take his seat in this House. Ordered, — That Mr. Bourdages, Mr. Papineau, sen., Mr. Bellet, Mr. Papineau. jun., Mr. Depjartzch, Mr. Viger, Mr. Lee and Mr. Bruneau do present the said address to His Excellency the Gov- ernor in Chief. MR. RYLAND TO SIR J. H. CRAIG, K. B. London, ^th February, 1811. Dear Sir, — We are still in the most eruel state of sus- pense as to the public arrangements that are to take place. It is now, however, almost certain that the great seal will I M 1i {i ■;a i ! 'f k r 4 -'"'"LJI 190 M.f nn A. , 1 : ^^i 1$ ^1 ii ■' 1 1 : 1 '1 , ■ i m,: 1 Ii be affixed to the llesjfency Bill to-morrow, and I have been employed this morning iji drawing up a brief statement of the circumstances which induc(M] Vour Excellency to send me to England, with a view of submitting them to the con- sideration of whoever may be appointed to succeed Lord Liverpool as Secretary of Stat(! for th(^ Colonial Depart- ment. Mr. King told me, two days ago, that it was thought the Marquis of Lansdown would succeed to that office ; and I am infc>rmed that Lord S. will have his choice either of the Admiralty or of the place of Lord President of the Council. His health having been considerably injured by excessive application to business when he was in the Ad- miralty before, 1 am inclined to think he will give the preference to the office last mentioned. However this may be, I shall hope to derive essential advantage from his coming again into power, and I shall earnestly request him to recommend me to the ftivorable attention of Lord Liv^erpool's successor. But I much fear that for the first five or six weeks there will be such an accumulation of business as to render it impossible for me to accomplish anything of consequence. 1 lament exceed- ingly that my letters by tlie September mail did not reach Your Excellency in time for me to be honored with your advice and directions in consequence of them, before these changes took place. 5 th Fehruary. Colonel Vesey has this moment called upon me, and informs me the King is so evidently approaching to a state of convalescence, that the Prince has come to a determina- tion of not making any changes, and that he intends going on with the present Ministers till His Majesty shall be able to assume the reins of Government. Li this case I shall hope immediately to renew an intercourse with Lord Liver- pool, concerning those points in your despatches, which do not require Legislative interference. I shall enclose a rough draft of the statement I had it in contemplation to lay before the ne.v Secretary of Stata. You will observe that in it I have confined myself to three principal objects, thinking it best to be as concise as possi- ble, and to reserve for verbal communications all matters of inferior importance. A more painful idea cannot enter • .\^y 191 my minil than that of returniiif^ to Canada without having elieetc'd any one ohjoct of my mission ; but I tlattor myself Your ExceUency will allow that this failure lias not arisen from any want of zi^al or attontiou on my ))art. [ can truly say that my whole heart and soul have been in the business ; but the ciniumstances of the Government during the last four months are not to bo paralleled in the his- tory of this nation. I shall now conclude my letter abruptly, and take it to Downing Street, and will begin another to-morrow or next day, if I find the mail is detained. 1 have the honor to be, Dear Sir, &c., &c., H. W. KYLAND. Mem. — Inclosure not entered, the main points being the same us those contained in the inclosure to the subsequent letter. R. m MR. RYLAND TO SIR J. H. CRAIG, K. B. London, 11 th February, 1811. Deak Sir, — Since 1 closed my last letter to Your Ex- cellency, on the 5th instant, the Executive Government of this country has settled down, I liope, on a firm basis. The Kinjr's Ministers remain in, and the Regent's conduct is the theme of universal praise ! I have, therefore, regu- lated my plan according to actual circumstances, as you will see by the enclosed copy of a statement which I am about to deliver to Mr. Peel, for the purpose of its being submitted to the Earl of Liverpool. You will observe a very considerable difference between this paper and that transmitted in my letter No. 13. If I find it impossible to gain attention, I shall immediately endeavour to secure a passage in the Ewerretta, or one of the spring convoy, unless, in the meanwhile, I should receive any instructions from Your Excellency, which may require me to pursue another course. I hope my state- ment will meet your approbation. I have made it as con- cise as I could, and confined myself to the principal objects ■ri' llfv J \Q2 h \i ' '.:'i \. :;<•• '«' m \ Hi W ,,; ;< II: ■ |)ointed out in your (les}»atchcs, wliicli do not require the sanction of Parlianifnt. I have tho lionor to be, *fcc., It. AV. R. P. S. to the dujtlicato of the above — I4fh Febnicut/, I was so ])ressed for time ^vhen [ hast wrote, that 1 could not wait awiiile to transcribe tlie hotter to Mr. J*eel, which ac- companied my statement. I now, therefore, enclose a copy. [Bnchsnre.) MR. RYLAND TO MR. SECRETARY PEEL. London, February 11 /A, 1811. Sir, — When tht; Earl of l^iverpool, in the month of September hist, honored me with the communication of a despatch to Sir James Crait,^, informing liim that His Ma- jesty's Ministers did not judge it expedient to bring tho affairs of Lower Canada before Parliament, as the Governor had ''ecommended, llis Lordsliip (condescended to express HI "tion of taking into consideration, in the com'se of thv • • ter, those matters submitted in the letters 1 brought over with me, and particularly the ecclesiastical att'airs of the Province, which did not require Legislative interference At the same time llis Lordship graciously permitted me to call either his or your attention to them on any suitable occasion. I need not state why I have hitherto delayed availing myself of this permission ; but now that the Exe- cutive Government of this country is once more placed on a firm basis, I trust I may, with propriety, call to your re- collection some points relative to the Colonial politics of Lower Canada, upon which a final decision would be of the highest importance to the interests of the Crown in that Province. As it may perhaps be of use to introduce these particu- lar points by recapitulating the Governor's motives for sending me home with his despatches, I have, in as con- cise a manner as I was able, stated them in the enclosed paper which I now respectfully beg leave through you to submit to llis Lordship's consideration. I have the honor to be, Sir, your most obedient faithful humble servant, H. W. RYLAND: ^.iiita \9^ Statkment. The Assembly of Lower Canada, over since the estab* lishment of the present constitution, lias been constantly endeavouring to acquire privileges beyond what was evi- dently intended by the Act of Parliament of the 31st of His Majesty, to be given to that body. But the disorgan- izing tendency of these attempts did not become apparent till towards the beginning of the year 1807, when a party was formed under the auspices of a few individuals of des- perate fortunes, which soon obtained a preponderating in- fluence in the House. Funds of a very suspicions origin were provided for the establishment of a press, and a paper mtituled " Le Canadien" was published weekly in French, at a very low price, and circulated with uncommon indus- try throughout the Province. The chief object of this f)aper, though concealed under frequent professions o^ oyalty and devotion to His Majesty's person and Govern- ment, was to vilify and bring into contempt the King's Representative, to persuade the mass of the people that the House of Assembly was superior to, and independent of the other branches of the Legislature, and to excite in the breasts of the French Canadians^ the bitterest enmity against the English part of the community. With a view of trying how far the House would be permitted to go, motions were frequently made implying a right in the Assembly to supermtend and control the Executive power, and more particularly to decide by their own resolves on the privileges to which that body might lay claimi, The right of prohibiting, not only individuals, but cer- tain cUsses of His Majesty's subjects, from being elected Members of the Assembly, was attempted in the Session of 1809 to be carried by a simple resolve of the House,* and such was the nature of the proceedings on the occa- sion, that the Governor, with the unanimous a^^vice of the Executive Council, judged it expedient suddenly to pro- rogue the Provincial Legislature, and soon afterwards to dissolve the House of Assembly. By the time of the general election, however, the in- fluence obtained by the French party through the means f>i the paper above mentioned, became so powerful as to I ; I' it V '?'''. . » ii < 194 (^ecuro oven a iiioro decided majority in the House than it had before, and in the subsequent Session of 1810, after two Bills only had been passed, the (iovernor found it expedient again to liave recourse to a ilissolution. It is to be remarked that, in tiio same Session of 1810, a resolve was proposed and carried by the leading demo- cratic members, "That the House of Assembly ouirht to " vote, during tiuit Session, the necessary sums for defray- " ing the Civil expense of the Government of the Pro- vince." This was followed uj) by seperate addresses to the King, to the Lord's spiritual and temporal, and to the Commons of Great Britain, in Parliament assembled, declaring the intention of the House of Assembly to take upon itself " to pay the Civil expenditure of the Provin- cial Government." The real motive for this measure was too obvious to escape the attention of the most superficial observer ; indeed the party did not hesitate to boast to tlieir adher- ents out of doors, that after having once obtained the riffht of managing the (^ivil expenditure, their intention was, to reduce the salaries of the public officers to such a standard as the House should judge proper, and finally to exercise an unlimited control over the Executive power. These extraordinary circumstances induced the Gover- nor in Chief to make a special representation to the Earl of Liverpool of the state of the Province, and to send home his Secretaay (Mr. Ryland) with his despatches, " in *' order that he might be at hand to afford every explana- " tion and every information in his power, and that His " Majesty's Ministers might require concerning the several *' objects on which he had written." * Mr. Ryland reached London the first week in August, between which time and the closing of the September mail he had the honor of repeated interviews with the Earl of Liverpool, who entered very minutely into the several matters submitted to him by Sir James Craig the Governor in Chief. The Governor having recommended an interference on the part of the Imperial Parliament for the purpose of checking the efforts of a party whose proceedings bad all 195 the rippcaraiK^e of l)ein was pleased to intimate, that there wool. The Bishop in a private letter mentions that he has no douht the jtaper will he suhmitttd to His Majesty's Ministers l»y the (Governor in (/hief, but that he is appre- hensiv<» the ill state of Sir James C'raii^'s health may in- duce him to delay writinij upon the subject. It is so immediately eoimoeted with the measure pro- posed by tho (iovernor, relative to the assumption of the patronai^e of the Komish Church, that I have ventured, in a separate ])aper, to sujnrn;<'st the advantaij^o wiiicli mij^ht arise from the (Governor's beiuij^ furnished with the Oj)inion of the Law Officers of the Crown on tho case. Not that I entertain tlie most distant id<\a of matters beinijf carried to such leno'ths as to render it advisable that a suit should be instituted in the Kiii<;''s Courts in I^ower Canada against Mr. I'lessis for the illegal assumption of powers as Titular Bishop of Quebec, but \ think it might be of tho utmost consetpience to be able, at any time, to prove to him the illegality of his conduct, and the power -wliich the Crown has over him, if driven to the necessity of exercising it ; and I am fully persuaded that an intimation of the kind would be the strongest possible motive with a man of his stamp and charactx^r to submit himself to His Majesty's pleasure. I have the honor to be, &(\, &c. H. W. RYLAND. Statement. By the Act of Parliament of the 14 Geo. IIL cap. 83, commonly called the Quebec Act, is enacted (Sec. 5,) " That " His Majesty's subjects professing the religion if the Church " of Rome in the Province of Quebec, may have, hold and " enjoy the free exercise of the religion of the Church of " Rome, subject to the King's supremaci/j declared and " established by an Act made in the first year of the reign " of Queen Elizabeth." -^ fi,''.! 11 1'>I .1,1 t U '4 198 f;' M.fi: ■ III ^.'i' V r. i r^i, 1 5 ■J By the Royal Instructions of the 16th September, 1791, to Lord Dorchester, and by the subsequent instructions to the several Governors in Chief of the Province of Lower Canada, His Majesty's pleasure respecting the Roman Catholic Clergy is expressed as follows, viz : To the end that our just supremacy in all matters ecclesiastical as well as civil may have its due scope and influence, it is our will and pleasure. First. — That all appeals to or correspondence with any foreign ecclesiastical jurisdiction of what nature or kind soever be absolutely forbidden under very severe penalties. Secondly. — That no Episcopal or Vicarial powers be exercised within our said Province, by any person profes- sing the religion of the Church of Rome, but such only as are essentially and indispensably necessary to the free exer- cise of the Romish religion, and in those cases not vnthout a license and permission from you, under the seal of our said Province, for and during our will and pleasure, and such other limitations and restrictions as may cor- respond with the spirit and provisions of the Act of Par- liament of the 14tli year of our i-eign, for making more effoctual provision for the Government of the l^rovince of Quebec, &c., &c., &c. On the 28th day of June, 1793, His Majesty was pleased, by letters patent under the great seal of Great Britain, to erect the Provinces of Lower and Upper Canada into a Bishop's See, " to be called from thp'iceforth the Bishopric of Quebec," and by the same letters patent " to name and appoint the Reverend Jacob Mountain, Doctor in Divinity, to be Bishop of the said See ; and shortly afterwards His Majesty was pleased, by a mandamus under the Royal sign manual, to direct that the said Bishop should be summoned to the Legislative and Executive Councils of Lower and Upper Canada, by the style and title of Lord Bishop of Quebec, and the said Bishop was so summoned, and hath ever since taken upon him and exercised his several functions accoi'dingly. CASE. In the month of October, 1810, a mandament, (opy of which is hereunto annexed,) was printed, published and '*l'*«W'!i '>-.7^' r ::ll ■ I. principal, if not the sole, motive for putting forth the present paper. I much question if reliciion alone would induce him to give a shilling to prevent the Pope from being hanged ! I shall bear in mind what you mention respecting the connection between the Canadian and Irish Catholics, though I shall hardly venture to repeat it here, lest it should alarm our timid Ministry, and make them think it necessary to give way in everything. I am going imme- diately to Mr. Peel, and if tlie mail is detained I will write again. I have the honor to be, (fee, (fee, &c. H. W. RYLAND. MR. RYLAND TO THE LORD BISHOP OF QUEBEC. London, Qth March, 1811. My dear Lord, — I had the honor, on the 1 4th January, to acknowledge the receipt of Your Lordship's letter of the 13th November last, enclosing to me a copy of Mr. Plessis' Mandement. As soon as I found that the present Ministry were to remain in office, I submitted this extraor- dinary paper to the Secretar ,^ of State, and I have just now closed a letter to Sir James Craig, acquainting him with what has passed on the subject, the particulars of which I have no doubt he will communicate to Your Lordship. i am immediately going to Mr. Peel, and hope I shall succeed in getting this matter, as well as some others of great importance, referred to the Attorney General, who is an exceedingly intelligent man, and has shewn me par- ticular attention. I had a letter yesterday, of the 6th November, from Sir James, enclosing the Mandement, but I have not had a line from him since he heard from me, though I know that hv received the greater part of my letters in the beginning of December. I received the enclosed, with a few lines from your son George, this morning. He tells me he is going out in the first iieet, and I intend giving him a small parcel ^or Your Lordship, which Mr. J. Mountain sent here some time ago, 203 as the time of my own departure must depend on Sir James' commands, vrhich I have not yet received. Mrs. Ryhmd joins me in sincerest regard, to Your Lord- ship, Mrs. Mountain, and all your family. I have the honor to be, My dear Lord, &c., (fee. IL W. RYLAND. i: MR. RYLAND TO THE EARL OF LIVERPOOL. London, l^ith March, 1811. My Loud, — As the time approaches when Sir James Craig will expect me to return to Canada, unless Your Lordship should be of opinion that my further stay in England can any way l)e rendered subservient to the pub- lic interest of that Province, I flatter mvself I shall meet with Your Lordship's indulgence if I now lay before you a statement of the extraordinary expenses attending my mission to this country. In addition to what I have stated in the accompanying memorial, I will only say, that I have charged considerably less than what I have actually and unavoidably exper.ied in consequence of my being ordered to England ; but I look only for an indemnification, without which my family must suffer serious injury ; and provided my claim is ad- mitted, it will be equally the same to me whether I receive an order to be re-imbursed here or in Canada. Being very unwilling, (without sufficient reason,) to multiply opportunities of addressing Your Lordship, I shall avail myself of the present for the purpose of calling to your recollection the subjects concerning which I took the liberty of writing to Mr. Peel on the 11th and 19th of February, oeing deeply impressed with the idea that if the points brought forward in my letters of those dates were finally decided upon, the Colonial Department would in future be relieved fr<^ra an infinite deal of trouble, and the administration of the Government of Lower Canada be rendered more easy than thfit of any other of His Majes- ty's foreign possessions. Whereas, if means be not speed- ily taken for strengthening the Executive power, and for I i-s i .Ml Jf , ) ' I: >.• ^', pit 1 . j ji- \;'ii ^. ,r m iM I I i I ^ ] rliii'; ■Ij I M! 204 giving to the Crown its due influence over the llomai\ Catholic Clergy in that Province, I greatly apprehend that the tranquillity which the vigor of the present Gov- ernor in Chief has secured for the moment Will soon b6 disturbed, and that the diflRculty of combining the English and what may justly be denominated the French inhabit- ants of the Colony, against a common enemy, will continue to increase. I make no doubt that Sir James Craig has written to me since Your Lordship's despatches, which went by the September mail, reached his hands ; but I have not had the good fortune to receive any letter from him of a sub- sequent date. 1 am, of course, ignorant of the effect pro- duced on his sentiments by those despatches. In taking upon myself to call Your Lordship's attention to any par- ticular objects, I have only complied with the Governor in Chief's instructions to me previous to my leaving Ca- nada ; and in all I have ventured to do in this respect I can truly say that I have been influenced by no other motive than an earnest desire to promote the essential in- terests of the Crown, and the welfare of the Province, and this, I am persuaded, will be a sufficient apology tC' Vour Lordship for my presumption. I have the honor to be, My Lord, Your Lordship's most humble and Most obedient servant, H. W. RtLAND. To the Harl of Liverpool, one of Her Majesty^ 8 Ptintipal Secretaries of State, <£'c., d:c., d'c. The Memorial of Herman W. Ryland, Most respectfully shewetii : That Your Lordship's Memorialist vvas, in the summer of last year, ordered from Quebec to England with des- patches from Sir James Craig, the Governor in Chief of the Province of Lower Canada, for particular purposes arising out of the f>c>litical state of that Province, witn the the tlomai\ apprehend resent Gov- ill soon b6 the English ttch inhabit- vill continue i written to vent by the ave not had lim of a sub- ae effect pro- j. lu taking 1 to any par- he Governor leaving Ca- :his respect I hy no other ,e essential in- the Province, apology tc and servant, rYLAND. ty's PHntipal J |n the summer ^nd with des- kr in Chief of lular purposes Vince, with the 205 nature of whicli Your Ijordship has been made acquainted. That in the execution of th(} duty thus enjoined upon him he will, (with what he has already disbursed,) unavoidably be put to an extraonlinary ex])ense of upwards of live hundred pounds before he can return again to Quebec, as will appear from the statement hereunto annexed ; and tlio salary which he receives as Governor's Secretary being only two hundred pounds per annum, with an allowance of thirty-two pounds per annum in lieu of fuel and can- dles for the Government House, in which lie resides, (without any fees, perquisites or emoluments of office whatever,) your Memorialist is persuaded that Your Lord- ship will consider him as justly entitled to be re-imbursed the actual expenses which he has incurred in executing the orders he received from the Governor in Chief, and whicli he now submits, without soliciting any remuneration for what he has considered as a duty incidental to his official situation in the present exigency of the aftairs of Lower Canada. And \''our Lordship's Memorialist, as in duty bound, &c., 'tc. HERMAN W. RYLAND. London, 13th March, 1811. Account of extraordinary Expenses incurred by Mr. Ryland, in consequence of his being ordered from Quebec to England on the public service : Sterli?i(j/. Paid for the Cabin of the armed ship Little Sally, as per receipt, £90 Sundry expenses which would not have been incurred but for the voyage, 10 TraveUing and other extaordinary expenses, transport of baggage, &c., from Plymouth Dock to London, 50 Furnished Lodgings in London, from 1st Au- gust, 1810, to 30th April, 1811, nine months, at fourteen guineas per month, 132 6 Passage from England to Quebec, including travelling expenses to the port of embarka- tion, estimated at 130 M M •+S'i-i- J 206 .; I I 'Jt '■ W •^ll i f * '^ J! i :i 'i '• Paid extra allowance for the execution of the duties of Clerk of the Executive Council, and Clerk of the Crown in Chancery, during twelve months' absence, 90 £502 6 HERMAN W. RYLAND, Secretary to Sir J. II. Crai^, K. B., Governor in Chief of the Province of Lower Canada, :i ■■^i 'W tf- \ \i f: 208 i ; •:• 1 nothinpf of consociuonoe will bo acoompHfiliod, greatly do- presscs my Hpirits. Add to this tlu; rircunistanoe of my not havini;^ had iino from Vour I'Acelh'iu'y siiK'o you hoard from n. ,id you will allow that I am in a most impleasant, situation, Thnrsdaij, 5th April. I passed some time with Mr. Pool this mornin of my BiiK'o you in a most 7i April. n^, and he reference to jints,wliicli nsmittod m ily, 1805, to has a legal [lary Estates f the first of Ist Geo. Ill, has a legal [ the Roman anner pre- ■nor in Chief the Roman kVs letter to Irsation, I am Int of all that le adverse to itly has not I shall make a point of seeing the Attorney General wlieii the papers are jmt into liis Jiands, anut I feel )H>rsuaded that it is an ohject with Lord L. to avoid, as much asj)Ossible, hriuging tho affairs of Canada Itctore the Trinco Regent, and to this r am inclined principally to attribute tiie delays that have taken place. I shall notice in a separate letter such particulars as relate more immediately ' > myself. I have the honor to be, Dear Sir, Your Excellency's most faithful and Most humble servant, U. W. RYLAND. MR. RYLAND TO SIR J. H. CRAIG, K. B. London, SundciT/, 1th April, 1811. Dear Sir, — When I saw Mr. Peel a day or two after delivering in the memorial concerning my expenses, he informed me Lord Liverpool was in eveiy respect favorably disposed with regard to the object of it, but tliat he thought it regular to refer the matter to you, with which determi- nation I told him I should be perfectly satisfied. I believe there is but one item in my account that requires particu- lar observation, which is, the charge of ninety pounds as an extraordinary allowance for the execution of tho duties of Clerk of the Council, &c., during my absence. The fact is, that I cannot exactly say what sum I do allow on this account ; but I agreed to give up to Montizambert, for this service, all tho fees, (except those on patents,) that should become due to the Clerk of the Council between the time of my departure and my return ; and I thought it best to make a specific charge, not considering it a ma- terial object, either to Government or myself, whether the actual amount be a little more or less. It may be said that my expenses have been increased by bringing my family with me, and in one respect they certainly have ; but I am inclined to think that by keeping up two establishments, one at Quebec for them, and one m2 ^ 1 .''.! ■1! in fill 210 m IrHi 'I hero for myftolf, the ftj?/?rcgate would have heen ronsidora- bly more. In short, Sir, I li.'iv*^ had too many |)root'H of your tVi<'nll (r,4.;i| |)root's ot on. 1 >vin drawn up Hoino timo , and wlio l»ow deeply Vour KacoI- oacliod your lid and I ve- > as tho 31st 1 ran imme- ry of State's -ithcr ]>laco ; ter again, I ur new road, 3d than any ymple, (who lixious to hear Tot the bettor ', yon may he :)vin('e where intago to th«>. applause and ; power, who iced by your [lave occasion can truly say he public, as d happen for Lpies of your 1(1 imagine by ml whence he ing of the an- fMcKenzie and glorious news >okin2 for fur^ W i thor and still hotter accounts every hour. [ trust it will not he long hofoid JoiiatliMii is cnllen which they observation. Government 111 as possible, Ls of Law. It ir J. H. Craigs U 153, 215 must, however, be expected that cases of this nature will frequently occur ; and it is to l)e apprehended tliat veiT serious difficulties, with respect to suits both civil and criminal,, may arise from the illegal subdivision and erection of parishes, which has l)een suffered to take place in Lower Canada, at the discretion of an unauthorised individual. I have the honor to be, tfcc, H. W. RYLAND. « P. S. — Should the Attorney General wish to refer to any of the Provincial Statutes or Ordinances, or to the Edicts and Ordinances of the French Government, now in force in Lower Canada, I have a collection of the whole, as well as printed copies of the Capitulations of Quebec and Mon- treal, the Treaty of Peace of 1703, &c., &c. I may also mention one document of great importance and authority, which I have seen in print, but of which I have never been so fortunate as to procure a copy, — I mean Sir James Harriot's Report to the King, concerning the Province of Quebec, made, if I recollect right, prc\'ious to the passing of the Quebec Act in 1774, and printed (I believe) by order of the House of Commons. n m MR. RYLAND TO SIR JAMES II. CRAIO K. B. London, ^th May^ 1811, L>EAR Sir, — Two or three days after I had closed and despatched my last letter to Your Excellency I had the honor to receive yours of the 15tli and I7tli of January. Since then I have had several interviews both with Mr. Peel and with the Attorney General, and am, I hope, advanced a little nearer to the close of my mission, for as such I shall consider the final settlement or abandonment of the points submitted with respect to the assumption of the patronage of the Romish Church, and the taking possession of the St. Sulpician Estates, there boing nothing else of sufficient importance to detain me longer in this country. I now transmit Your Excellency a copy of a letter which I wrote on the 22nd April to Mr. Peel, together with a copy of a paper marked C, enclosed therein. The other inclosures it is not necessary to send vou. The whole have %m ii 216 r 1 r»' 1 1 . > t '■' fif '■: u Hi It. ! B\ been put by him into the hands of the Attorney Oenerul, and you will probably think it advisable to shew this cor- respondence to Mr. Cliief Justice Sewell, whose opinions I have availed myself of, as far as possible, in pressing the subject on the attention of Uis Majesty's Ministers. After the Law officers of the Crown shall have made their Re- port, it will remain to be determined whether the matter shall be brought before a Cabinet Council. I have not of late had any immediate intercourse with Lord Liverpool, and therefore cannot say how far he is disposed to go, but I fear there is not much energy in him, and Mr. P. really does not seem to comprehend the business. I passed some time with Lord S.* yesterday, and he promissed to mention me to Lord Camden, whom I will call upon in the course of a day or two, and endeavour to put him on Canada affairs. I have repeatedly mentioned to Mr. Peel your wish to receive instructions with respect to the monies arising from the Jesuits' Estates, lie expressed a wish one day that they could be appropriated to the building of the proposed Barracks at Quebec, and it is possible they may determine to dispose of them in this way, for he acknowledged they dare not venture on applying to Parliament for the monies. I will talk to him again to-day about the Church at Montreal. 1 do not think application to Parliament will be necessai'v in this case, as none was made, if 1 recollect right, with resv'oct to the Metropolitarx Church at Quebec, but simply an authority from the Secretary of State to complete the building. Foy will turn to the correspondence. I expect orders will be transmitted to Your PJxcellency by this opportunity, respecting the payment of the expenses attending my mission, and if you should issue a warrant in consequence of them, I beg it may be on account, as the prolongation of my stny here must unavoidably increase the expense ; and they give me to understand that there will be no hesitation in allowing it. 1 shall be under the necessity of taking up more monies from Munro's corres- pondent than he gave me credit for, and when I know to what amount, 1 will infoi-m you, and the warrant may be issued for so much on account of my expenses. * Speuser, I believe. — R. C. .ii ii'iiey General, shew this cor- osc o])iinons I .1 pressuig the inisters. After nade their Re- ler the matter I have not of Lord Liverpool, •osed to go, but 1 Mr. P. really I passed some issed to mention n in the course [lim on Canada el your wish to nies arising from sh one day that ■ of the proposed ' may determine ;nowledged they it for the monies, the Church at Parliament will lie, if I recollect urcli at Quebec, itary of State to correspondence. L^our Excellency of the expenses isue a warrant in account, as the loidably increase Istand that there ill be under the yiunro's corres- llien I know 1o |-arrant may be bcs. Vi 217 1 will now only add my fervent wishes for the rc-estab- lishment of your health and strength, vvhich, God knows, I daily pray for as earnestly as I would for my own. I have the honor to be, &c., &c., H. W. RYLAND. P. S — I saw Mrs. Harris a few days ago, who told mo Miss C. was doing very well, and read me part of an ex- ceedingly well written letter from her. MR. RYLAND TO MR. PEEL. London, 9th May. 1811. Sir, — I avail myself of the p*^rmission you gave me yesterday to state to you some particulars concerning the Jesuits' Estates in the Province of Lower '' nada, which call for the attention of His Majesty's Government. This property consists chiefly of Seigniories situated in tho several Districts of Quebec, Montreal and Three Rivers, estimated, in the whole, to comprise upwards of eight hundred and ninety thousand acres of land. They were taken possession of, on the part of the Crown, in the year 1800, and vested in Commissioners who are appoint- ed by letters patent under the great seal of the Province, to superintend and manage them for His Majesty's use. The present Commissioners are Mr. Dunn, Mr. Baby and Mr. Williams, who are also Members of the Executive and Legislative Councils, Mr. Berthelot, a Canadian Ad- vocate, and myself. Under these Commissioners thei-e arc Agents for each district, a Clerk and a Treasurer. The aggregate amount of the revenues arising from the estates, which had been collected and paid into the Treasurer's hands at the time I left Quebec, was upwards of nine thousand pounds, after deducting the expenses of repairing mills, paying agents, &c., &c. ; and there is no doubt that by the completion of a papier terrier, and the granting of further concessions, the value of these estates may be aug- mented to a very gre*\t amount. As they were originally appropriated, under the French Government, to the advancement of learning and education in the Province, an idea 1 i 1 'f M w generally pn (especially N M 218 I , ) i' ' < ^-11? '»*^ If ^ *:; .tt!!i.;!! f : 1 1, ;.i . 1 . '-i * '. . ■if 1 ii I' since an allowance was granted by Act of Parliament to Lord Amherst, in lieu of them,) that His Majesty would ho pleased to allow a part, at K;ast, of the revenues arising from these estates to be applied to the same use ; and before I left Quebec 1 was instructed by the Governor in Chief to press this matter upon the attention of Ilis Ma- jesty's Ministers, in coiinection with what I have already had the honor to state respecting the St. Sulpician Estates at Montreal. The idea of the Governor was, " that the nine or ten thousand pounds already collected should bo placed in the stocks at home, so as to make a productive fund as an establishment for the education of the Enylish part of the Colony," there being at present no public ap- propriation whatever for that purpose in the Province. Whereas the Corporation of the Seminary at Quebec, which is a legally acknowledged body, is in possession of estates comprising upwards of six hundred and ninety- three thousand acres of land, and the revenues arising therefrom are entirely under the direction of the Roman Ccvtholic Clergy, and appropriated to the education of the youth of that persuasion. With respect to the St. Sulpician Estates, I may hero observe, that although their superficial contents are esti- mated at only tv/o hundred and fifty thousand acres,* their value is considerably greater than either the Jesuits' or the Quebec Seminary Estates, owing to the populous Town and Island of Montreal being comprehended in one of their Sei^iiories ; and although the persons now in possession of those estates state their revenue at less than four thousand pounds per annum, the best informed people are of opinion that in the hands of the Crown they might, soon be made to produce from ten to fifteen or twenty thousand pounds a year, and if so, the aggregate revenues of these and the Jesuits' Estates, after allowing to the self-established Seminary at Montreal, if His Majesty should think proper, a net sum equal to what that body acknowledges to be now in the annual receipt of would be * On re-consideriug this subject I must conclude, that the memo- randum from which this estimate was taken did not include the Seigniory of St. Sulpice, (in the District of Montreal,) which is of great extent and value. — H. W. R. ,>j!i- 219 more than sufliciont to make good tlie ordinary deficien- cies of the l*r<)vincial revenues of the Crown, and miglit be applied either to tliis or to any other special purpose which Ilis Majesty in his wisdom should see fit to direct. I would enter more into detail, but I think it best in all representations to offices so overwhelmed with business as that of the Secretary of State for the Colonial Depart- ment is, to be as concise as the nature of the '-asp v ill admit, and I flatter myself the little I have here said -vill tend to show tlie great magnitude and importance of the subject which I have the hcmor to submit to your conside- ration. I have the honor to be. Sir. Your most obedient humble servant, H. W. UYLANl). 1^ 1 I'-'TiJ \n ! ri MR. RYLAND TO MR. PEEL. London, 10/^ Mai/, 1811. Sir, — In a letter which I lately received from Sir James Craig, he desired me to take an opportunity of reminding Lord Liverpool that Mr. Percival had given him reason to hope that he would move Parliament for a sufficiency to complete th^ Church at Montreal, as, for want of finish- ing, what is done of it is now going to ruin. Upon this subject I may observe, that I should not suppose an application to Parliament is absolutely neces- sary, for if I recollect right the Metropolitan Church at Quebec w^as wholly built without any legislative inteife- rence, and merely upon a letter from the S<3cretary of State for the time being, authorizing the completion of the building. The wliole expense amounted to about £18,000, and was paid by the Governor's warrants on the Receiver General, but of course this expenditure was not laid be- fore the House of Assembly, though included in the pub- lic accounts that are yearly transmitted to the Lords of His Majesty's Treasury. The Church at Montreal has been carried to its present lieight by voluntary contribu- ii't r. I 'f: n , ! ■ V ■ III :ii m il!! -ill 220 tions. What remains to be done will, I understand, re- quire £4000 or £oOOO more. I have the lionor to be, ility to ])erform the voyage, tor fear lost a r<'1apso should render mo incapable of it, I cannot go in any of the little sloops or brigs of war that somotimos com>., for convoy, and if none other appear soon I must hire the best part of a merdiant vessel, and run my chance. T thiak it probable that a frigate will be sent out with whoever is to succeed me, with orders to carry mo homt> ; but I dare not wait for that chance, for mv successor will be in no hurry to leave England, and my convoniency will be little thought of. I should probably not get away bo- fore November, and a passage at that season of the year would do my business. By the tenor of your last, I think it not unlikely that I may bo in time to see you in England. It will bo very unfortunate if we should cross each other at sea. I regret that I shall not reap the benefit of your labours, or myself profit by the truly able and diligent manner in which you have executed your mission. I hope my successor will see matters in the same light that I have done, and if so he cannot but be as much obliged to you as I should have felt myself, had I remained here. Nothing has occurred worthy of particular notice. Wo have released Bedard, who has been very quiet as yet. He was enlarged without condition, and the recognizances entered into by the others done away. B., with Borgia, and Lee as his Notary, went to Roid, and demanded a copy of his commitment, and I believe of the w^arrant for his release ; but Reid refused to give them, upon which they delivered a regular protest ; but they have not since taken any steps. They did the same to Allison, and demanded a copy of the warrant by which he seized the press, which he also refused, and they protested against him ; but, though the Superior Court is now sitting, they have not taken any step to prosecute the business. No appli- cation has ever been made to me on the subject of the press. n2 ifH •I ''1 1 5 rj ill r . I rm \ m^'\ I ''^l k ir' ( 'iif It; 222 I have lately liad some conversation with Plessis, rela tivo to his situation and t.luit of his Clcrfjfy. I hud onco or twico loosely talked with him on tlie subject, hut with- out enteririjr v(;ry particularly into it, as I wished first to bo nioro master of <)j>ini<)ns at home ujtou it. I was, tluM'efore, a little sur[)i'ised when about a mouth a^'O ho came to m«;, and renewing the subject, he exjtrcssed a wish that it was finished, and certainly at the moment implying upon the footing upon which it had stood with his })rede- cessor, Denaud. I assured liim that I thought, there would be no dilliculty. He then told mo that he was to go to Three Uivers a day or two after, and requested to defer entering more ])articularly into it till his return. Whether he consulted Noiseux or Calonne, or both, I know not ; l)ut when lie returned 1 found him entirely changed, for his conscience would by no means permit him oven to con- sent to the Grown nominating to the livings. I imme- diately told him that it was unnecessary to continue any further conversation, as that v/as a matter which did not rest upon his assent or denial. The rif/ht actually existed in the Croion^ and would, most assuredly, sooner or later he resumed. Our conversation did, however, continue two hours and a-half, but we parted without either inducing the other to change. I cannot write or indeed command my attention long enough to give you particulars. I was very open, and did not hesitate to tell him that I should recommend the measure as indispensably necessary. One advantage he unguardedly gave me, which I took immediate hold of. By Avay of proving the reluctance that Denaud had to it, notwithstanding his having been at last induced to con- sent, he showed me a long letter from him to himself on the subject, in which he enters at large into that part of it which relates to the nomination to the livings. Every objection which he makes to the losing that power ap- plies to the loss of influence and consequence, but there is not one word which carries with it the idea that he con- siders it as an essential requisite of their religious estab- lishment, which he could not in conscience abandon. We hav^ parted very good friends, though I told liim that I regretted much that he would not authorise me to tell His fr'rt A- ^mmtemt mA * — • 223 Majesty'^ Ministors, tii.at tlu^ inoasnro would bo siipportod by his infbionco, as I could not bo miswcrablo for tlio liijht in which tlioy inii^iit x'ww a contrary conduct on his |»art. I lia\c probably st^cn tliart with him till ho lod^ci's mo in the. hands of my oKl friend, Sir Walter Fanjuhar. Adieu. I iiopo wo shall somehow or other moot. Yours over, J. n. CitAKI. Mv letter of Cth November went witli that of tlie 0th by the Clitford. MR. RYLAND TO MR. PEEL. London, IthJ/nie, 1811. Sir, — Since I last saw you I have looked over my papers in the hope of finding amonj^st them some documents that would enal)le mo to state to you the annual expense of tlie Indian Department in Lower and Upper (Janada, but I have only a copy of the proposed establishment in the Lower Province, for the year 18U9, which was trans- mitted by the Governor in Chief, in his despatch No. 38, to Lord (^astlerean;h, and in No. 8 to Mr. Sarg*ent of the Treasury, in the month of October, 1808, tofrether with a requisition of Indian presents for the year 1810. I under- stand Lieutenant Governor Gore transmits the proposed establishment and requisition of presents for Upper Cana- da, in like manner, every year, both to your office and to that of the Secretary of the Treasury. If it should be thought advisable, a correct account may easily be obtained of the whole annual expense of the Indian Department in both Provinces, for any number of years past ; and I am humbly of opinion it would answer every purpose, if the Governor were directed to transmit a return for the last five years of the several oflicers in botli Provinces, specifying the salary and aimual value of the allowances of every kind to each ; also the contingent expense of each Branch of the Indian Department, includ- )\ 1 1 I' fl k M'f' Mh • i tj m .> '**' tr, ' I, 1 i 1 1 ' ^ ^1 ■■ l-\ ki) - tr' 1 j i i ll: i1 ; |t' 'i .1 ■ ' 'I, ''I ■II;: 1»i 22 i in/3f what in paid tor storo houses and tninspoit of stori>A por aiiiiuni, Irom oiio I'roviiico t<» th«^ otlicr ; also, tlio total amount of oacli year's hills tor Indian goods shippud for Canada. 1'ho charijfos for frciijflit, Sn' , T iniajj^ino, can only ho oh- tainod from tho nuirchanls who supply the j^oods, or from the Secretary of the Tn-asury. 1 venture to enclose a r(HJi;;li calculation of the savinjj^ whleh 1 think miu:ht he made to (foverntnent (amountini^ to upwards of £;{500 \}0V annum,) hy suhstitutinjj^ an al- lowance in cask to the Indians, instead of ))resents of goods, tkc. It is to 1)0 ohserved that 1 tako it for nfranted tlu^ ex- cliantifo would bo perfectly aceeptahle to the Indians, otherwise the ivhnle sijsteni falls to the ffround, and before even the j^roposal were made to them I think it would be expedient to ascertain precisely what the present expense of the whole is, as upon this tlie annual allowan(;e in specie to h<- offere(l to them must depend. It may also bo necessary to Inno an account from the Storekeeper General to the Indian Department, of the an- nual value of the presents tjfiven to each nation or tribe in the two I'rovinces, which, to my knowledge, that ofKtior can furnish at any time with the greatest facility, as it is tho established rule, when a requisition for presents is sub- mitted for the (governor's approbation, to specify tlio value of each rticle, as well as the total amount on the paper itself; mid this document is afterwards lodged with the Storekee})er General as his authority for the issue. I am inclined to think that the two-thirds of the actual value of the presents in cash would more than satisfy the Indians, and as they would then have to purchase the goods they were in want of from the traders settled in the two Provinces, (instead of bartering the goods that are given to them, as they now frequently do, for mm,) a general benefit, in a commercial point of view, would arise out of the new system. I submit these ideas with great diffidence, not having the documents necessary to enable me to make correct es- timates, but I think the advantage in one point of view will clearly appear, and it will afford me much satisfaction 225 should my sucrcf^stions he (Iccnmd worthy of considoration. Tm all ♦fVuh- lic scrvico, I tlattcr uiystdt' that the liberty i liavu takon in so doin/j; will \h'. excused. I hav(i tlio lioiior to l>o, Sir, Vour most obedient lnnn])le servant, HKKMAX W. KYLANl). 1*, S. — fjord Castlereai,di's despatcli to Sir .1. (^raiir, No. 21, of the 10th June, 18()!>, will show the i^'reat difliculty of ohtainintr a settlement of the Indian Storekeeper's ac- counts in Upper Canada. KOUGII CALCULATION OF THE SUMS THAT MIGHT ANNUALLY UK, SAVED TO GOVEUNMKNT UV SUBSTITUTING AN ALLOW- ANCE IN CASH TO THE SRVEUAL TRIBES OF INDIANS IN LOWER AND UIM'?:r CANADA, IN LIEU OF THE YEARLY PRESENTS OF GOODS '. Storekeeper General's salary per annum, . . £300 Allowances to do., (say) 40 Clerk to do., salary, 85 3 4 Allowances, (say) 20 Conductor ot Stores, 85 3 4 Allowances, (say) 20 Storekeeper at Quebec, salary, 45 12 (J N. B. — The present Storekeeper leceives allowances in anotlier capacity. Rent of Storehouse at Lachine, (say) GO Transport of Stores from Lower to Upper Canada, (say) 300 Three Storekeepers in Upper Canada at (I believe) 10s. per diem each, 547 10 Allowances, (say) at £20 each, CO Freight of goods from England per annum, (say) " 300 Profit on do. to the merchant, (say) TOO it '1 ■'I 43 :l\-t t". IT F^ 226 I , 'I III I. •■ f.f ; . ' ti ^^>* J 'if* is' <\\ y.i II. \ H ' I .J. ? da il'r 11 !':.■ I '1 . -I' li'/'i Loss by damaged goods, «fec., (say) 300 Spoliation8,&c.,4kc., — more probably £1000, — (say) ' 300 Total saving per annum, £3,527 4 N. B. — The allowances consist of lodging money, fuel, candles and rations of provisions, including, in some in- stances, rum. MR. RYLAND TO MR. PEEL. London, 21 th June, 1811. Dear Sir, — I have at length had the good fortune to procure a copy "of Sir James Harriot's Report " of a Code of Laws for the Province of Quebec," which I send you herewith, in the hope that you may find leisure to give it a serious perusal. It is now upwards of seventeen years since my mind has had for its constant and principal object the politics of that Colony, and though my sentiments and opinions, dur- ing the first two or three years of my holding the situa- tion of Governor's Secretary, dift'ered essentially from those expressed in the above mentioned Report, yet, as I became more intimately acquainted with the people, and more capable of appreciating the true interests of the Crown in that part of His Majesty's dominions, my ideas gradually changed, and I cannot now sufficiently admire the great capacity, wisdom and penetration displayed by Sir James Marriot in all that he has said concerning the Province of Quebec. The importance of the Canadas, in a political and com- mercial point of view, is every day increasing, and I feel persuaded that this will continue to be the use, in propor- tion as the British interests (opposed, in a certain deforce, to Canadian or French prejudices,) shall be attended to in those Provinces, This sentiment must, I think, in a forcible manner, strike every one who has had an opportunity of observing the vast difference between the progress of agri culture and population in Upper and Lower Canada, <«MtMH|lfl|ll 227 300 300 3,527 4 g money, fuel, Of, in some in- June^ 1811. Dod fortune to rt " of a Code ich I send you isuve to give it 3e my mind has the politics of opinions, dur- iding the situa- ially from those [et, as I became ►pie, and more the Crown in |deas gradually [mire the great by Sir James the Province litical and com- ling, and I feel I use, in propor- \rtain der/ree, to attended to in [k, in a forcible )pportunity of [•ogress of agri- Canada, I I I am happy to find that the Advocate and Attorney General are already provided with a copy of Sir James Harriot's Report. You will observe in the book I send you, pages 210-11, that the St. Sulpician Estates at Mont- real, so far back as the year 17 73, were estimated to pro- duce £8000 sterling a-year, whereas Mr. Roux, in a i)aper transmitted in Sir Robert Milnes' despatch to Lord Cam- den, of the 4th July, 1805, states the produce to be, "annee commune," on an average of live years, only 90,000 livi-es, or £3750. If this be really the case, it shows that the revenues of those estates have diminished in proportion as the public have become informed of the absolute want of title in the persons who are in the actual possession of them ; and under these circumstances, should His Majesty be graciously pleased to continue the allowance of that sum for the purposes to which it has hitherto been applied, there can, in my humble opinion, be no pretence for complaint at the Crown's exercising its just rights by taking upon itself the management of the property in question. I have the honor to be. Dear Sir, (fee, &c., H. W. RYLAND. MR. PEEL TO MR. RYLAND. Downing Street, ^th Jiily^ 1811. My dear Sir, — I enclose to you the copy of tlie Report of the Law ofiicers of the Crown, on the questions put to them relative to the Romish Church in Canada, and the St. Sulpician Estates. Yours faithfully, R. PEEL. (Inclosure.) May it please Your Lordship, We are honored with Your Lordship's commands of the 16th May, 1811, transmitting the despatches received from Sir Robert Milnes, Lieutenant Governor, and Sir James Craig, Governor, of the Province of Lower Conada, If. 'i 3,r ',i II .frm i'i I ^ tr.' - I. ■>.L! 1. ."^(^ ; r^M"5' If': ^■, 'i 1 i >i<: ■I 'I, 'I; ■!;' II 1 ; 'I. 228 with their respective inclosures, together with several other documents in reference to the subjects of those despatches. And Your Lordship is pleased to request that we would take the same into our immediate consideration, and report to your Lordship our opinion upon the points arising out of them. First. — "Whether the right of presentation to vacant Roman Catholic livings in the Province of Lower Canada be in the Crown ?" And secondly. — " Whether the Crown has not the right of property in the estates of the St. Sulpicians, commonly called the Seminary Estates of Montreal ?" In obedience to Your Lordship's directions we have considered the several papers submitted to us, and cannot but observe with regret that questions of so much import- ance should have been left so long in a state of doubt and uncertainty, and that for so many years a sort of posses- sory title should seem to have been tolerated, which, if not consistant with the legal right, it may now be difficult, from long continuance, to disturb. Confining ourselves, however, to the mere question of right, we are of opinion, on the first point, that so much of the patronage of Roman Catholic benefices as was exercised by the Bishop of Quebec, under the French Government, has of right devolved to His Majesty. In forming this opinion we have endeavoured to trace the nature of that patronage, and its dependance on the Sovereign power, to which His Majesty has succeeded by right of conquest and by treaty. It appears from the Acts and Edicts of the French Government, relative to Canada, that the patronage of cures in general was left to the Bishop. But out of this general condition was excepted, by Royal Edict, the patronage of founders of Churches^* and the right of nominating to particular benefices, which were vested in certain communities. Such patronage may still belong to individuals who retain a capacity to exercise it under the capitulation and treaty. ♦Edict of 1667 recited in the Edict of 1069. I several othei* se despatches. :liat we would ion, and report ts arising out ion to vacant Lower Canada IS not the right ins, commonly tions we have us, and cannot > much import^ e of doubt and sort of posses- id, which, if not )W be difficult, pre question of , that so much nefices as was er the French Majesty. lured to trace dance on the succeeded by lof the French patronage of jpted, by Royal zhes* and the which were hividuals who Litulation and 229 We notice tlie condition of sueli benefices as a distinc- tion Mri^!illg' out of the general question, and also as show- ing that the right of pjitronage, under the French Govern- ment, was dependent, in some measure, on the Sovereign, and cannot be considered to have been vested in the l^ishop by virtue of rights or ])()wcrs derived solely from the Pope. If, however, the right be supposed to have originated from the Pope, we think the same consequence would result from the extinction of the Papal authority in a British Province. For we are of opinion, that rights of this nature, from whichever source derived, must in law and of necessity be held to devolve on His Britannic Majesty as the legal successor to all rights of supremucy as well as of Sovereignty, when the Papal authority,together with the Episcopal office, become extinct at the conquest by the capitulation* and treaty,! and the statute, 1 Eliz. cap. 1, sec. 10, as specially recognized in the Act J; for the Govern- )nent of Canada. We tliink, therefore, that so much of the patronage of Roman Catholic benefices as was exercised by the Bishop, under the French Government, is now vested in His Majesty. On the second question proposed, relative to the lands held by the community of the St. Sulpicians, we have considered the reports commimicated to us, together with the papers, and concur in the conclusion expressed in those re|>orts, that the St. Sulpicians in Canada had not a valid title to the lands transferred to them by the community at Paris. If tlio question depended only on the power of the So- ciety at Paris to convey, as not being resident in Canada at the time of the conquest, and on that account not with- in the capitulation and treaty, Ave should \\R\e doubted whether the power reserved by the 48th article of the capitulation, " to all 2i€rsons though absent to sell by their Agents and Attornies their moveables and immoveables, if Canada should not return under the dominion of France," * Art. 7. t Art. 4. i 14 Geo. III., cnp. 8y. ¥■ ■ k\'- i^i if fesS ilSO f* > M^'i! I'l 3i Js would not have coiiipreliendod commuiiities as well as in- dividuals, provided the laws applicable to su'h conveyauces were duly observed. But the party taking under such conveyance must have a legal capacity to hold lands, and we find no grounds for saying that the Members of the Society of the St. Sulpi- cians, remaining in Canada, had such a capacity, separate and detatched from the general body at Paris (which has "been since dissolved,) or that the necessary license from the Crown, which would liave been required under the French law, and was after the conquest equally necessary from His Britannic Majesty, was granted to them. This IS not a defect of form merely, but of substance, since it could not but be an object of material importance to the new Sovereign to regulate in what manner and to ■what description of persons lands should be transferred in mortmain. It does not appear that the necessary license was ob- tained, and an that account we are of opinion that the title was originally defective, and cannot now be consider- ed in law to be valid. In submitting to Your Lordship the result of our opinion on questions much embarrassed by their dependance on foreign law, and by a forbearance to assert rights belong- ing in strictness to Ilis Majesty, we trust we shall not ap- pear to exceed the limits of the reference made to us in numbly suggesting that, under Mis all the circumstances connected with these questions, it would be very desirable if, by any compromise or amicable arrangement, His Majesty could be restored to his rights, without the neces- sity of having recourse to the pkocess of law, which, after such forbearance, may caiTy with it some appearance of hardship to the persons against whom it is so enforced. "We have the honor to be, My Lord, Your Lordship's most obedient humble servants, (Signed,) CHARLES ROBINSON. V. GIBBS. THOMAS PLUMER, Doctors Commons, 3rd July, 1811* The Earl of Liverpool, 4&;c., &c., &cy I 231 ■MM vs well ns iti- 1 conveyances ice must luvvc o grounds for the St. Sulpi- acitv, separate a-U (wliich has ly license froni red nnder the ually necessary 3 fhcm. Lit of substance^ rial importance niiinner and to )e transferred in license was oh- pinion that the LOW be consider- It of our opinion dependance on f riirhts belong- ,ve shall not ap- made to us in e circumstances le very desirable rangcment^ His Ithout the neces- |o¥ LAW, which, iome appearance ■.t is so entbrced. Iiumble servant>*, Irobinson, >LUMEFv. 'S ATTOPN'Ey GENERAL (SEWELL'S) REPORT, RELATIVE TO THE ESTATES COMMONLY CALLED THE SEMI- NARY ESTATES AT MONTREAL, AND THE CLAIMS OF THE PERSONS CALLING THEMSELVES ST. SUL^ riCIANS. Province of Lower Canada. To His Excellencij Sir Robert Shore Milncs, Baronet, Lieutenant Governor of the Province of Lower Canada^ cC'c, <£'c., tC'c. I have been honored with Your Excellency's commands directing me to lake into my consideration a paper which was prepared in the year 1789, intituled, " Observations and licraarks of the Attorney and Solicitor General, respecting the St. Sulpicians at Montreal," with another paper contain- ing answers returned by the lie v. Mr. Koux, to some questions which Your Excellency was pleased to have put to him in the year 1800, relative to the Estates commonly called the Seminary Estates at Montreal, and to report any particulars concerning those Estates, which may have come to my knowledge accompanied by such observations and remarks upon the subject matter of the above mentioned papers, as I may think advisable for His Majesty's interest, la obedience to Your Excellency's commands, I have the lionortoreport,tliat I have perused and considered attentive- ly the papers referred, upon which I now respectfully ofter my sentiments to Your Excellency's consideration. The Estates of the St. Sulpicians iu this Province consist of four Fiefs or Seigniories, viz : The Island of Montreal, containing acres, Saint Sulpice, containing ^ ^ acres, The Lake of the Two Mountains, containing acres, and Bourchemin, containing acres, amounting in the whole to acres. These Estates are of the yearly value of 90,000 livres, or £3750, and hiiThly improvable, are now in the possession of twenty-two Ecclesiastics of the Church of Home, who call themselves Saint Sulpicians, and claim to be in law a body politic and corporate, of which number fifteen are emigrant priests, ill iM A ii 11 w t 2'32 'i i Pj '^l :^i . . 1 1 ? • 1" ■ ■ 'i » ■ ! ( ' ; ;■ > I'; 5 : , ! ■ j „ 1 ■''ill 4^i pi's natives of Franco, ^v]lo liave como to this Province since the year 1793, and the remaining seven natives of Canada. These facts appear to me, in the scope of Yonr Excel- lency's reference, to call more particularly for the following enquiries: Isi. What is the situation of thb persons claiming title to the Estates in question, and are their pretensions founded in law? 2nd. If not, is the title to the Estates vested in the Crown ; and if it is, then what are the means by which Ilis Majesty, if he should sec lit, can enter into possession of them ? Upon these several points I propose to lay before Your Excellency, as concisely as I can, all that I conceive to bo essentially necessary for Your Excellency's information, and the support of my own opinion upon those heads of enquiry. The first enquiry is, what is the situation of the persons clai;ning title to the Estates in question ? and are their pretensions founded in law ? It was stated in the Report of Sir James Harriot, Advocate General to His Majesty, respecting a Code of Laws for the Province of Quebec, in the year 1773, and cannot, I think, be doubted, that religious communities, who being principals at the time of the conquest were not inhabitants resident in person in Canada, do not fall under the privilege of the capitulation, nor come within what is termed by the civilians the casus fa^deris ; because they were not then tlie local objects to whom, as a personal consideration for ceasing their resistance, and on account of their particular courage or distresses, the conquerors granted terms of especial fiivor. That communities so situated could not retire according to treaty ; and if they could not retire they could not take away their persons and Estates. If therefore it be true in fact that the Estates in question were, at the conquest, held by the individuals by whom they were then occupied, in right of the foreign Community of the Ecclesiastics of the Church of Saint Sulpico of Paris, either in the under tenancy or in trust for them, or by deputation, they then necessarily fell to His Majesty, of whom the present possessors must in law be "'Wsmi^ «i i7'!:i! 233 intended to liold them as trustees for sucli uses as Ilia Majesty may bo j)k'ased to declare. Communities (or conjjroa'ations as tliev are called in tlio Canon Law) were in Franco composed of dillVrent Houses of secular or regular I'riests, each of which liad their pariicular Superior, but Avere all u.ider the government of one head. P>ery Congregation or Community of secular Ecclesiastics in particular (of which desciiption was the Congregation or Community of the St. Sulpicians) had their Superior General. I beg leave also to premise that, by the Law of France, no congregation could, without the authority of the Crown, alienate or transfer their estates or effects, nor could such societies, from the nature of them, be devisable, and therefore one part of the same congregation could not transfer to another part. These principles, which are stated as well in the Ileport of Sir James Harriot as in the Observations and Remarks of Ilis Majesty's Attorney and Solicitor General of this Province, referred to me by Your Excellency's order, I conceive to be unquestionable. The Society or Community of " the Ecclesiastics of the Church of Saint Sulpice of Paris," usually called the Seminary of St. Sulpice, was established at Paris about the middle of the seventeenth century. There existed also at that time in France another society of Priests and Laymen associated for the purpose of converting the natives of New France, or Canada, to the Christian faith, to whom the company of New France, who then held the whole of Canada of the Crown, had, in the year 1640, made a grant of the Island of Montreal to be held of them en Fief. This society for the conversion of the Indians had made some improvements upon the Island of Montreal, but in the year 1663, conceiv- ing that the great object of their association would be better etioctcd by the Ecclesiastics of the Community or Seminary of Saint Sulpice, who had before sent zealous missionaries to the Colony, they executed to them, that is to the Seminary of Saint Sulpice of Paris, a donation or deed of gift of the whole Island of Montreal, subject to one condition, among others, which is expressed in these remark- able words, "que le domaine et proprioto de la dite islo ■:^ll' m M.. W' 234 I" m J ^' II?'' 1^- ry 7t'- ,'• : I ii ,;":.| '^^:Ji " sera insoparabloment uni an dit Seminaire sans on pouvoir " c'tre separo pour quclque cause et occasion que co. soit." It must bo noticed that at this time there was not any section or division of Saint Sulplcians established in Canada, those wl»o were in the Colony being missionaries only from the Society at I'aris, who upon acquiring the Island of Montreal, and not before, formed the resolution of establishing a branch of their house or community at Montreal, under the title of the Seminary of Montreal, and for this purpose in the year IGCT, by memorial to His most Christian Majesty, they stated the abovementioned donation, the success which had hitherto attended the priests who had been sent to Canada by them as missionaries, and their further intention of encreasing the number of priests in the Colony to fourteen, praying that His Majesty would be pleased to grant to them letters patent to enable them to hold the Island of Montreal in mortmain, and give them an authority to create a seminary at Montreal, and to constitute the priests whom they should send over, and their successors, a community, which His Majesty was pleased to do by letters patent of the month of May, 1C6Y, in the following words: "LesEcclesiastiquesdu Seminaire " de St. Sulpice des Fauxbourgs St. Germain de Paris " nous ont remontre que, etc., nous leurs avons permis, " et parmettons par ces presentes, signees de notre main, " d'origer une Communauto et Seminaire d'Ecclosiastiques " dans la dite isle de Montreal, etc. Et pour d'autant *' plus faciliter la dite etablissement, nous avons loue, " agree et approuve, louons, agreons et approuvons la dite " donation portce par le contrat du dit jour neuvieme " mars, mil sept cent soixante-trois ci-attacho sous le " contre seel de notre Chancellerie, et de notre plus ample " grace nous avons amorti, amortissons a perpetuite, la " dite terre et Seigneurie de Montreal comme a Dieu " dedieo et consacree, voulons qu'elle soit unie a perpetuite " d, leur societe ; sans pouvoir etre obligee, ni hypo- " thequee, ni alienee par aucun d'entr'eux en particulier " pour quelque cause et raison que ce soit, pour en jouir *^ par cux et leurs succcsseurs au dit Seminaire et Com- " munaute." I cannot say whether the Seminary of St. Sulpice, under the authority given bv these Letters Patent did bv anv ^-^C^ 235 Act erect the Seminary of Montreal, and declare its mem- bers a community or not. If they did not, there is no s.uch Seminaiy, for the power to erect is given to {h\^ Society at Paris, and if never exercised was in abeyance at tlic conquest ; and if they did they wouIreamb]e to the Act of En registration is in these words : " Vu que la *' requote presentee par Messire Francois Lefevre, I'un des " Pretrcs tlu Semim'irc dc St. Su'plcede Parh, Seu/mnr " de Vhh de Montreal^ et Suporieur du Seniinrire du dit " Montreal, tendantes a ce qu'il plaise au eonscil enteriner " les lettres d'etablissementd'un Seminaire d'Ecclosiastiquas " dans risle de Montreal, dependmite de celnl de St. " Sulpirc, ctcy From what has been cited it appears certain that the Seminary of Montreal was no more than a subordinate branch, a dependent section of the Society of St. Sulpiee of Paris, and that the priests of the Seminary of Montreal being in fact members of the Society of Paris, as such, and as such only, possessed the EsUies in question, not in their own right as distinct from that of the Seminary of St. Sulpico of Paris, but in right of the entire Society, as dep:.ted agents for the whole, which is confirmed by the deeds of concession, leases, &:c., m.ade by the Seminary of Montreal prior to the conquest, in which the authority under which they convey is generally set forth, and thej'' are stated to be. " fondcs dc la procuration et procureurs " de Messieurs les Ecdesiastiques du Seminaire de St. *' Sulpiee a Paris." Very many instances of this might be eiteel, but I shall produce but two. The first is of the 3rd of November, 169-^, in these words : " Nous, Francois *' Dollier de Capon, un des Pretres du Seminaire de St. " Sulpiee de Paris, Superieur de Messieurs les Ecdesiastiques *' du Seminaire de cette ville de Ville Marie en ITsle de " Montreal, et Procureur de Messire Louis Trongon^ *' PrStre et Superieur de Messieurs les Eccleaiastiques du " dit Seminaire de St. Sulpiee de Pari.s, Seirjncurs et it proprietaires de la dite Isle de Montreal, et lieux en " dependants, assisto de Messire Maurice Querc, aussi un 236 ' .;-. if. * V ■ •^ I , TV" ^k4 i ■> iM^ '■'''! ** des Prc'trf'S du dit Reminfiire do St. Sulpicc, Eoonr me ct " Sccivtuire do mosdits Sioiirs los Seigneurs, etc., etc." The second is of tlio intli of Octolor, 1740, as follows: "Par devant Ics Notaircs Rojaux do l.i Jurisdiclion " Koyale de Montreal, y ivsidants, sonssifrnes, fnt present. *' Mcsfiire Louis Noimand, I'un des rit'tres du Seininaire " do Saint Sulpice do Paris, Superieur des M<'?siours Ics " Ecclesiastiqucs du dit Seminairo etabli en cette villo, " Procurcnr de Mcssirc Jean Bapthte le Couturier^ J^rtJ/re " Dockw de Sorhonne^ Superieur de Messieurs les EccU- " siasfifjiies du dit Seminaire de St. Sulpice de Pcii <'.v, " Seigneurs de Vide de Montreal^ etc, ctc.''^ li' there can be any ambiguity in any of tho above extracts, it is elucidated by the general principles before laid down and put beyond dispute by the expressions used in many lioyal Acts of Legislation, concerning the Seminary of Montreal, in which that Seminary is in no instance named as a distinct establishment, on tlio contrary the Edict of March, 1G63, for erecting a Court of Royal Jurisdiction at Montreal, considers the members of the Seminary of St. Sul[)ice at Paris and those of Montreal as forming one society, and speaks of the latter in clear terms as a dependent creation belonging to the former. " Les dits JiJcclesiastiqiies du " Seminaire de St. Sulpice de notre bonne ville de Paris^"* says His Majesty, " s^etant reunis entierement a nous, et " nous ayant fait supplier de vouloir Its indemniser des " emoluments qiCils retirent de i'exercise de la justice qui " font une partie considerable de leur Seminaire en la dite " Isle de Montreal, etc;" and afterwards in the same Edict: " Et afin que les Ecclesiastiqucs du Seminaire de Saint " Sulpice etablis dans la dite isle ne re^oivent aucun " prejudice, etc." So (also) in the Edict of July, 1714, respecting the right of holding certain Courts of Justice in the Island of Montreal, &c., which the Crown Lad resumed, no mention whatever is made of the Seminary of Montreal, and the Ecclesiastics of the Society of St. Sulpice are considered as solely interested as appears from the following expressions : " Les Ecclesiastiqucs du Seminaire de Saint " Sulpice nous ont rt^)resente quo, etc., et pour indemniser " les dits Ecclesiastiqucs, et leur procurer des avantagcs *' qui puissent coutribuer a kur etablissement, etc., a c^3 ^ill_ 237 c, Econc me ct irs, etc., etc." 40, ns follows : .1 JiiristVu'lion es, fnt prePOTit 3 (ill Seiniiuiire s M<'Psicura U-s en cette villo, uturicr, Priirc imrs Ics J'Jccle- fjpice de Pcriis^ ' ir there can extracts, it is laid clown and I in many Hoyal firy of Montreal, ice named ns a Edict of Mavcli, jtion at Montreal, of St. Suli)ico at ine society, and cndent creation •cUsiastiqucs du ville de Paris,'' .ent a nons, et indemniser des lie la justice qui inaire en la dite the same Edict: [naire de Saint re^oivent aucun t of July, 1714, lirts of Justice in wn liad resumed, ary of Montreal, St. Sulpice are ,m the following linaire de Saiut pour indemnisor r des avantagcs ent, etc., a <^*^5 " causes ct autres {\ co nous mouvant nous avons par cos " prescntos signi'S, do notrc main, dit «'t drclnri.'', disons et " dOclarons n'uvoir entendu coinprcndre tlaiis notro Kdit du " mois do Mars, 100:3, la basso justice de I'lslo do Monlroal, '* (jue nous voidons doineuror, rosorvor, dans touto Totonduo " do la difo islo aitx dif.^ A\r/esi(isfl(j/irs dit dit Seiniimiro " dc St. Sf(/plrf\ qui pourront la fairo oxorcor jiar tels " olUcicrs quo bon lour somblora, etc. Nous avoiis aiissi " accordu et accordons (ikx dits h'rclesio.stii/iics dn Senii- " nnirc de St. Snlpice les Droits Soig'nouriaux dfis par " tons los habitans pour los ochauLiesdos torros ct lioiitap's, " ([(iUnr dito Sei<^nourio do la dito /.s/f (/r Motitrcal, rt Colo " de St. Sulj>icc„ etc."" And in the last Act of the French Government, extant upon this subject, boiiiu;; an Arr"toi"tuO Consoil d'Etat du Uoi, of the 5tli May, iVlfi, the property of the Island of Montreal is still more explicitly declared to be vested in the Seminary of Saint Sulpice of l*aris. " Vu par lo Uoi" (says this Arret,) " otant en son conscil " la requete presentee par les Ecclesiastiques dtuScininaire " de St. Sulpice dr Paris, Scif/ucurs de tlsledc Montreal, " tcrre oit Cdte St. Sulpice en Canada, leur appartenances " et dcpendances, etc., Sa Majesto a ordonno et or'neurie, etc." To the extracts from the public Legislative Acts of the Crown of France, two of which, viz: the Letters I'atent of July, 1714, and the Arret du Conseil d'Etat of March, 1093, constitute the only existing title for the Cote de St. Sulpice, as appears from the fealty and homage rendered by the Seminary of Montreal to His Excellency Sir Frederick llaldimand, in the year 1781, which I shall have occasion to notice more particularly, and to what I have cited from the deed of q-ift of the 9th of March, 1063, by which tho Seminary ot St. Sulpice acquired the Island of Montreal, I will add in further proof of the fact which I am now endeavoring to establish (namely, — That the Seminary of Montreal was no more than an integral part of the House of St. Sulpice of Paris,) some extracts from the deeds and conveyances under which the remaining Estates of tho Lake of tho Two Mountains and Bourchemin are now claimed. ''.'» < a!:' «l o2 mummBm' l! 238 1 \\ ' i V. m Tho oii<;inal f^raiit of iho Sfi^j^nioiy of llie Lake of tli(3 Two Mountains by (ho Manjiiis dc. VanMicuil, CJovrrnor, and tlic ClKivalier do l^-^^^on, IntcMilant of Now France, of tlio 17th <)(;(olt<'r, 1717, <^n-ants tin' I'ief, "anx Kc(,'K''siasti(|UOS " t'tal)li.s a Montreal," and hy tlic lioyal ratifu^ation of tliis grant, by Lottors I'atent of tho '27th Ai>ril, 1718, tliis J3 dcchired to he. a grant to tlie House or Seminary of Saint Sulpico at Paris. Tlic wor.'s of tlieso Letters Tatent are as follows: " Le lloi etant a Paris, et desirant traitor " favorableniont /cs Ecclea'iaatiqucs (hi Seminn'ire dc St, " Sidpice ctab/i.i d Parls^ Uc.sf/ufls dejiendcut ccvx du " Seminairc de St. Sulpicc etahlh d Montreal^ a qui les " Sieurs de Vaudreuil et Jiegon, Gouverneur et Lieutenant " General, et Intendanten la Nouvelle Franco, ontaccordo '• par concession du 17 Octobre, 1717, un terrain de trois " lieues et demi, etc., a donne et concede par le ])resent " bievet aux Ecdesiustiqms du Seminaire de St. Sulpicc " etahlis d J^aris, le dit tirmin^ etc.^'' In September, 1733, a second grant of a tract of land adjoining to tlie Fief of tho Lake of tlie Two Mountains ■was made by the Marquis de Beauharnois, Governor, and Ilocquart, Intendant of Canada, aux Eccleniastiques du Seminaire de St. Suljncede Paris, as an augmentation to that Fief, and in the Royal letters of ratitication of March, 1735, Ills Most Christian Majesty, after confirming this grant, generally takes occasion again to declare that the first grant of the Seigniory of the Lake of the Two Mountain.-*, as well as tho last augmentation, belonged to the Seminary of St. Sul})ice of Paris, to whom he thereby grants a further augmentation of three leagues in depth, and confirms and limits the whole to them by these words : " Sa Maieste ajoute trois lieues d'etendue sur la profondeur, " si la dite etendue so trouve libre, doniW hut 2iarei II e?n en t " don et concession aux dits JUcclesiasfiques de St. Sulpice ^^ de Paris, qui les possedcront en toute jyropi'iete et Sei- " (/neurie, ainsi que Vancien terrain., et la dite prejni^re *' concession.''^ As to the Seigniory of Bourchemin it was expressly given and conveyed by Pierre Normand Dosquet, Bishop of Samos, and Coadjutor to the Bishop of Quebec, " d " Messieurs les Ecclesiastiques aggrigh au corps du Semi- 239 Lake of th« ovcrnor, and anco, of th« ;cK''«iasti(iiiC'S •ation of tliis 1718, this 13 ary of Saint a Tak'nt are sirant trailer II ft ire dr St. U'lit ccvx du •eal, a qui l«-^9 et LieutonanL 3, ont accord e sirain do trois par lo i)resent c St. Sulpkc tract of land wo Mountains [}cvernor, and fsianfifjtics du ^nien* ation to ion of March, |nfiiminj]f this •hire that the of the Two , belonged to Ini he thereby lues in depth, these words : a profondeur, jmreilUmcnt \e St. Sulpice rtefe ct Sei- itc pnmUre [as expressly |quet, Bishop Quebec, " a \ps du Semi- *■• miiiriirc de St. Sulpice d Pari.% co acceptant t^om;* r?ir ♦' Mr. Louis Normand, Super ienr du SemiNuire en laViUe " de Montreal.'''' This «'xtra(;t is made from the Act of donation passed before llarbej, Notary, at (Quebec, the lOth of October, IT.Ta, hy which it was conveyed to them. The next extract which I shall offer is from a deed of cession executed by antl between the Seminarv of Saint Sulpice of Paris, and the Seminary of Montreal, on the 20th of April, 1704, Jolin Consturicr, with others, bein^ parties for the former, and Ste[)hen Mont£(olHer alone for the latter. This deed recites the several titles of the Ecclesiastiques of St. Sulpice of ]*aris to the several estates in (,'anada, now in question, of whicii it states that they were the undoubted pro|)rietors. It then proceeds to declare tlie embarrassment which the conquest of Canada had occasioned, that it was impossible for them to keep the property, because Ilia Britannic Majesty had been pleased to declare that all foreigners and colonists, proprietors of estates lying in CaiKida, who would not remain in the Colony as his subjects, should alienate what they possessed under the pain of confiscation ; that to sell them to individuals was to defeat the purposes of their institution, and if sold they would fetch but a very small price; that, therefore, in this dilemma the best course was to relinquish to the Seminary of Montreal all the right, title and interest which they held in the property, and accordingly they did then-by cede and abandon and transfer to the Seminary of Montreal the Seigniories of the Island of Montreal and Cote St. Sulpice, the Lake of the Two Mountains, and one moiety of the Seigniory of Bourchemin, to be held by the Seminary of Montreal as their property, in the same manner as the Seminary of St. Sulpice had until the conquest held or of right ought to have held them, the whole being transferred in the state in which they then were, without any guarantee on the part of the former proprietors, the Seminary of Saint Sulpice at Paris. This deed, of which I annex to this Report an entire copy, appears upon the point now under consideration to be so conclusive that I shall not trouble Your Excellency with any further extracts. It is an admission by the parties themselves of all that I assert. And it is remarkable \\ m 4 240 ;« K^ '■ a . 'li f: that SO late as the year 1781, in the Act of fealty ami homnge tendered to IHs Excellency Sir Frederick Ilaldimand by the Seminary of Montreal, they do not pretend to have any right or title to the Estates in question, except what they derive from this conveyance from the Seminary of Paris. This Act of fealty and homnge first enumerates the several titles by which the Seminary of St. Sulpice acquired and held the Estates in question, the cession of the 29th April, 1764, from them to the Seminary of Montreal, and then concludes in these words: "Les dits " Fiefs et Seigneuries etant la propriete immutable do " Messieurs les Ecclesiastiques du Seminaire de Montreal, " d cause de la cession qui leur a ete faite par Messieurs " les Ecclesiastiques du Seminaire de St. Sulpice de Paris, " vingt-neuf Avril, mil sept cent soixante-quatre, rapporto " ci-dessus." From the evidence whic"' I have had the honor to lay before Your Excellency it seems certain that the Seminary of Montreal was not at the conquest a body or community distinct from that of the Society or Seminary of St. Sulpice of Paris, and that the priests which composed it did not constitute in themselves a boly corporate capable to take and hold estates in mortmam ; that the priests of St. Sulpice, who were resident at Montreal, were merely deputed agents for the Seminary of St. Sulpice at Paris, (to whom all the property in question was granted, and in whom all title thereto was vested,) and as such administered the Estates in Canada : and this being the fact I fully concur in the sentiments of Sir James Marriot, contained in his Key^ort of the year 1773, above referred to, and the opinion of His Majesty's Attorney and Solicitor General of this Province expressed in the observations and remarks referred to me, and am clearly of opinion that the whole of the Estates lying in this Province claimed by the Seminary of Montreal are lapsed to Ills Majesty by right of conquest and acquired sovereignty, as the property of a foreign society domiciled at Paris and not in Canada at the time of the conquest. I am further cleaily of opinion that the deed of cession of the 29th of April, 1764, from the Semin- ary of St. Sulpice of Paris to the Seminary of Montreal is ipso facto null and void, for the Estates had, in fact. ki A> ^ of fealty and ckllaldimfnul retend to liiive Q, except what J Seminary of •St enumerates of St. Sulpice the cession of 3 Seminary of 3s : " Les dits immutable do e de Montreal, par Messieurs ulpice de Paris, iuatre, rapporte be bonot to lay it tbe Seminary Y or community ry of St. Sulpico posed it did not capable to take priests of St. merely deputed 'aris, (to wbom nd in wbom all .d ministered tbe ;t I fully concur ontained in bis and tbe opinion General of tbis emarks referred 3 ^vbole of tbe ;be Seminary of ;bt of conquest '^ of a foreign ila at tbe time Lpinion tbat tlic torn tbe Semin- [ry of Montreal es bad, in fact, 241 long before vested in Ilia Majesty, tLe conveyance being subsequent not only to tlie cni)itulations of (Quebec and Montreal, but to tbe treaty of peace of 1703, by \vbicb Canada was ceded in full sovereignty to tbe Crown of Great Britain, and it is tborefore perbaps unnecessary to add tbat tbe Seminary of Paris at tbe time bad not only no property in tbe Estates ■wliicb tbey undertook to convey, but bad not in law any rigbt or autbority wbatever to transfer tbcm, especially to the Seminary of Montreal, who not being a distinct community, but a section only of tbe Seminary or Community of the Ecclesiastics of tbe Cburcb of St. Sulpice of Paris, bud not, therefore, in themselves alone any legal capacity whatever to take or bold estates in mortmain. But even supposing tbat tbe priests of St. Sulpice, com- posing tbe Seminary of Montreal, at tbe conquest really were entitled at tluit time to bold and enjoy in their own right tbe Estates belonging to the Seminary of St. Sulpice, •in Canada, I cannot conceive that this right could j^o^sihhj he extended beyond the term of their natural lives, and as all tvho were living at the conquest are now dead, the Order of St. Suljjice, quoad Canada, must^ I think, have expired with them, for the Seminary of Montreal possessed no power to create priests of St. Sulpice, and those therefore who are now in possession, luhether subjects or aliens by birth, if they be JiJcclesiastics of the Church of St. Sulpice at all {of ivhich ive can have no proof) must have become such under some foreign authority, and the right of any foreign authority to qualify members to hold real property ■in any British dotninion cannot in my opi)iion be admitted or recognized for a moment ^ esjiccially in Ecclesiastical matters. I am therefore further of opinion tbat if tbe priests, of St. Sulpice, resident at tbe conquest in Canada, were in fact at that time under tbe name of tbe Seminary of Montreal a body corporate, capable of holding real estate in morimain, that such body corporate has been long since dissolved by the natural deaths of its members, and conse- quently tbat the Estates in question have thereby reverted to His Majesty, their rigbt and lawful heir. I cannot leave tbis part of tbe subject without recalling to tbe recollection of Your Excellency, tbat Mr. Roux and iu 'i m V 18 :'Xi- w. ■ ' fhl lU f' . 1 1i if It; ^ It ^;l II ki '< i'i i, if . » I 242 1 = if';. •f r. 1 %: " \ I %■ I? ■..(.■ II the other French emigrant priests of St. Sulpice, now in possession of the Estates in Montreal, obtained from His Majesty, in the year 1798, a mandanms directing Letters Patent to issue under the great seal of Lower Canada, declaring them denizens within the limits of the Province. It may become a question whether they have any legal rights whatever under this partial and local denization, hut certain 1 am that it does not enable them cither as individuals or as members of a corporation^ to hold real estate in this Colony. By our law, aliens have communio- nem jurisgentium but not juris civiiis., and therefore nothing short of complete Qiaturalization can enable them to hold immoveable or real property. As to the means by which His Majesty, if he shall see fit, can enter into the possession of the Estates which are the subject of this Report, there is on this point very little difficulty. If the Seminary of Montreal can be supposed to have been a distinct body corporate, it may perhaps be best to proceed in the first instance by an information in the nature of a quo warranto against the persons who now claim to be considered as that body corporate, and upon obtaining a judgment against them declaring the corpo- ration to be dissolved, to enable the Sheriff in the District of Montreal, in which all the Estates are situate, to enter upon them for and on the behalf of His Majesty, by commission under the great seal of the Province, a measure which was lately adopted upon the dissolution of the order of Jesuits by the natural death of the last surviving member of that community. A second means is to institute in the name of His Majesty a civil action against the several priests who now hold the Estates by name as individuals, to try their title, and recover from them the possession of the whole. This is called in the Law of Canada a petitory action, and is equivalent to the English action of ejectment. A third means is for His Majesty to prohibit the admission of any new members into the Seminary of Montreal, from whence suppression and dissolution will follow of course, and of His Majesty s riyht so to do, if he he should see jit, there can be no doubt, for the same Law of i243 )ice, now in ed from His iting Letters •er Canada, ke Province. ve any legal [ denization, m cither as to hold real 3 comrannio- id therefore %ahle them to he shall see Lcs which are int very httle posed to have ps be best to lation in the ons who now ite, and upon \g the corpo- n the District uate, to enter Majesty, by ce, a measure of the order st surviving lame of His ?sts who now ry their title, ^vhole. This iction, and is [prohibit the jeminary of solution will \o to do^ if he 1 same Law of France which acknowledges in the sovereir/n a power to prohibit the estuhlishment of any community or other reliyiovs house without his permission^ by consequence acknowledges his power to forbid any other members being admitted into t' e communities or religious houses already established^ and which were originally founded under the Royal authority. A fourth means is an amicable arrangement with the priests of the Seminary of Montreal, inducing them to withdraw (especially the aliens, natives of France,) upon assurances of a proper provision for life from the revenues of the Estates. A fifth means is an Act of the Imperial Parliament, declaring that the Estates were vested in His Majesty by the conquest, and are now his property, securing to the several priests now in possession such pensions as may be thought proper for them respectively for life, and appro- priating the Estates to the encouragement of learning, the support of an University, or such other public purpose as the wisdom of Parliament shall find expedient. And I am of opinion that either of the means will be effectual. All which nevertheless is most respectfully submitted to Your Excellency's great wisdom, by. Sir, Your Excellency's most obedient And most humble servant, (Signed,) J. SEWELL, Attorney General, Lower Canada. Quebec, Cnd July, 1804. Copy of the conveyance from the Seminary of St. Sulpice of Paris to the Seminary of Montreal, of the 29th of April, ilC'*, referred to in the Report of the Attorney General, of the 2nd July, 1804, respecting the Estates in Canada, formerly belonging to the first mentioned com- munity. Par devant les Conseillers du Roi, Notaires, ii Paris, soussignes, furent presents Mtre. Jean Consturier, Docteur M -I 'II hi I' ■ ■■i . 1} M ¥ !!.. ■ >! £k' -' 'i I ' i '■I i J! 1 'iff 15 n *f":' 'U: -^t ft i 244 do Sorbonne, Superieur du Scminairo de St. Sulpice, etabli a Paris, ruo de Vieulx Colombier, P. ]>c. Saint Sulpice, Messire Ivicix de Beaupoil, Docteur do Sorbonne, Messiro Claude Bouracliot, Docteur de Sorbonne, Messire Louis Legraiid, Docteur de Sorbonne, et Messire Jean Moiraud, Bachelier de Sorbonne, tons pretres du dit Scniinaire do St. Sulpice, y demeurants, et reprosentaiits la communauto du dit Sominaire, d'une part, et Messire Etienne de Mont- golfier, Pretre, Superieur du Seminaire de Montreal, en Canada, y deineurant ordinaircment, otant tie present a Paris, logo au dit Seminaire de St. Sulpice, stipulant pour lui et pour hu communauto du dit Seminaire de Montreal, d'autre part. Lesqucls ont dit que le dit Seminaire de St. Sulpice de Paris est proprietaire de la terrc et Seigneurie de I'Isle do Montreal, de celle do la Cote de St. Sulpice, de celle du Lac des Deux-Montagnes, de la moitic do celle de 13our- chemin, de la moitio do celle do St. Herman : cos deux derniores terres sent situees sur la Kivicro de Yamaska, les dites moities t\ prendre au nord-est et du cote do Saint Francois, ensemble des annexes, appartenances et depen- dances des dites terres, droits de justice, de chasse, do peclie, de Fiefs et censivcs, de cens, d'eclianges, rentes et redevances Seigneuriales sur les terrains concedes aux vassaux, et tous autres droits, et du Greffe de la Justice Rovale de Montreal. Que les dites terres et depcndances^ et le dit Greffe appar- iiennent cm dit Seminaire^ au moycn de la donation qui lui en a ote faite dovant Levasseur et son confrere, Notaircs, a Paris, le neuf Mars, mil soixante-et-trois, insinuee le cinq Juin do la memo anneo, suivant d'autres Actes v annonces suivant des Lettres Patentes aceordees par feu Sa Majesto Louis Quatorzo, en Mai, mil six cent soixante dix-sept, enregistrees au Conseil Souverain de Quebec, le vingt Septeuibre do la memo annce, suivant les brevets de Sa Majeste, du vingt-sept Avril, mil sept cent trente-cinq, aussi enregistres au Conseil Souverain do Quebec, les deux Octobre mil sept cent dix-neuf et douze Octobro mil sept cent trente-cinq, suivant un Edit du mois de Mars, mil six cent quatre vingt-treize, enregistro au dit Conseil le cinq d'Octobre de la memo annee, suivant les Lettres Patentes Ipice, etabli int Sulpicc, me, Mt'ssivo cssire Louis au Moiraucl, >ciinnaire cle :ommunaut6 lie de Mont- dontreal, en le present a tipulaiit pour cle Montreal, '^ Sulpice de ie (le risle (le e, de celle du jclle de Bour- lan : ces deux de Yamaska, cote de Saint lUces et dcpen- de cliassc, do nges, rentes ct concedes aux :e de la Justice [t Grcfe ojypor- lonation qui lui ^re, Notairos, a iisinuee le cinq (tes V annonco!^ in Sa Majesto umte dix-sept, [ebec, le vi"gt 1 brevets de Sa lente-cinq, aussi ^bcc, les deux •tobre mil sept [e Mars, mil six jConseil le cinq ittres Patentea 245 en interpretation, du luois de Juillet, mil sept cent dix-sept, ct suivant une donation faite devant Barbel, Notaire Royale, a Quebec, le dix-neuf Octobro, mil sept cent trente-cinq, inf'inuee le neuf Janvier suivant, acceptee par le dit Semi- naii". de Saint Sulpice par Acte passe devant Mtre. Bois, Notaire, a Paris, et son confrere, le onze Avril, mil sept cent trcnte-scpt, do tons lesquels titres il n'a etc fait plus ample enoncc, la pi 'is jjiando partie etant en Canada, et le dit Sieur de Montgollicr declarant les bien connaitre. Aux termcs et aux conditions deces donations, et suivant les Lettros Patentcs du mois de Mai, mil six cent soixante et dix-sept, et autres titres ci-dessus enonccs, les terrcs, bicns, grcffes ct droits y dependants^ devraicnt e-re insepa- rableinent un'is au Semiimire de Saint Stdjnce de Paris^ sans en pouvoir Stre separes ^jour quelque cause que ce fut; mais le Canada est actuellement sous la domination du Roi de la Grande Bretagne, qui veut que les etrangers et colons proprietaires de biens situes au Canada, qui ne voudront pas rester ses sujets, alienent ce qu'ils possedent en Canada, sous peine de confiscation. Ce prince interdit aux Ecclesiastiques du Serainaire de Montreal, et a ceux qui sont repandus dans les cures et dans les missions qui en dependent, I'union et la correspondance qu'ils avaient avec le Seminair J de St. Sulpice d'oii ils ont ete tires. Des ordres aussi precis et aussi absolus d'une autorito ' souveraine qui veut etre obcie, mettent le Seminaire de St„ Sulpice de Paris dans la position la plus embarassante ; s'il ne vend pas les terres, biens et droits qui lui appartiennent en Canada, ils seront constamment confisques, s'il les vend, il ne remplit point le vceu des donateurs de ces terres, biens et droits, n'y les conditions sous lesquelles ils ont eto concedes, puisque la religion n'y troiiverait plus lessecours, les ressources que procurent les revenus de ces terres et biens ; il faudrait donner ces biens a beaucoup au-dessoua de leur valeur, accepter les premiers acquereurs qui se presenteraient, qui ne porteraient pas ces biens a leur valeur, (pii seraient ou deviendraient peut-otre insolvables, ou nepourraient passe dispenser de distraire de ces biens les batimens qui sont essentielloment necessaires aux Eccle- siastiques qui composent le Seminaire de Montreal, et ceux des dits biens dont les revouus les font subsistcr, et les Ecclo I'l mmmmSBi 246 ^rl -I: 1 ■ i If/ II 1: siastiques qui sont repandus dans les cures et dan.s les mis- sions pour Ic bi<3n, pour le souticn do la rclij^ion, et pour y continuer Icurs bonnes ts of tlie Istates^ and to the Itlie Province ot ^^vitll a-reat defev- 219 enco, to submit to you a few reflections on the subject, ])r"vi<»us to the liiiul determination of Ills Majesty's Minis- ters concerning it. Jt is very satisfactory to ohscrvo that tlie opinions ex- pressed in the ])resent Report perfectly accord with tlioso given by tlie former Advro^ perty that might soon be made to })roduce five times the amount annually of what it now yields. Allow me here to observe, that the lands and buildings oelonging to the Recollets in Lower Canada were taken possession of by Government only twelve years ago, and the estates possessed by the late Order of Jesuits, in the year 1800, without exciting any sensation in the Province.* With regard to that part of the Report of the Law officers of the Crown, wdiich relates to Ilis Majesty's right of presentation to vacant Church livings in Lower Cana* da, I shall not at this time take the liberty of entering into the subject, having already had the honor, in a letter dated the 4th of August last, of stating to you the opinion of Sir James Craig with respect to the most eligible mode of assuming the patronage of the Romish Church ; and j * See Journal of the Assembly for the year 1800, pages 42-6. T" \ t iiuvilc 111 t of the yeai' 4ate of cif/ht Mens, lloux, r £3750 per ai'H from the it there irs no I not readily than doubled rs which took le year 1788, e persons who ho were His 3 present pos- m this c'ircum- iiiuution in the :hcre ^vould be ill possession leave at their id of Montreal, emselves have of five years, Crown a pro- five times the and buildings la were taken lears ago, and 1 Jesuits, in the Ithe Province * T-t of the Law Majesty's right 1 Lower Cana- If entering into ., a letter dated , opinion of Sir rible mode of ''church; and |o, pages 42-6. 2o{ liaving', in a subsequent letter, dated the 'J'Jiid April, pointed out sonic of the serious evds which tho Clergy themselves, and tlio Province at large, sutler from tlu? want of a lejial induction to cures, and a leirallv establish- cd authority for tlie erection ot ])arishes, and the building of churches in the Province of i^owcr Canada. (.)ne goneial observation only I will pn'sume to make, with respect to the po/ict/ of the measures that have been recommended by the Governor in Chief, wliicli is, that it aj'pears evidently for the advantage of the Im|»erial Gov- ernment that ev«'ry prudent step should be taken for as- similating the inhabitants of Lower Canada in language and laws with those of the parent State ; and that the Constitution of 1791, by giving to the Colony a House of Assembly, four-fifths of wdiose members difi'er in language and religion from those of their fellow subjects, who are chiefly interested in the commerce of the Province, and whose principal connexions are in the mother country, has afibrded the strongest possible means of })reventing such an assimilation, juid rendered it indispensably necessary to secure to the Crown that degree of influence which now, 1 fear, can only be obtained by the adoption of the mea- sures the Governor in Chief has proposed. I have the honor to be, &c., tfec, n. W. RYLAND, ■M \ J MR. PEEL TO Mil. RYLAND. VlthJidy, 1811. Mv DEAii Siu, — Lord Livei'pool has written the enclosed copy of a letter to Sir George Prevost, and desires me to communicate it to you. I am yours very faithfully, R, PEEL. [Ificlosure.) London, I2th Jult/, 1811. Sir, — Mr. Ryland, who has for many years held the situation of Secretary to the Governor of Lower Canada, arrived in this country in the month of July last, charged by Sir James Craig with despatched of considerable im- portance. 1^ (I ?i ^ I 'f»? ft ?! m ]! / ¥ ■ Ill' 'i\ ^ i VI* 1 1 i^ f ;J !* hiiriiiif his rosidenoo in KiictIhikI I Ji;ivt3 hivi tVoiiioiiL oociisioii to avail mysolf of his intonn.'vtioii iiixm lufiny jK)ints ill wliicii tlio iiil»!rosts of C'ln.iihi aro (leo}>ly involv- ed, an^»ly invt)lv- oj)|K)rtuiiity )ility wliicli y-our I'.ot'u'O, 11, slioiilil bo Canada on ,^ill give 1110 t ni.itcrially U you may you ill tho I^IPOOL. SIR JAMES fuhj, 1811. 29tli instant, iubraltting it |o assure you, justified, in mg advantago returning to I in tlie whole Isuranco that lign a cliargo and justest Inded mo to iioral conduct ff the North American Provinces, and bis particular regret at the causa which has compelled you to soUcit tlio appointment of a successor. I have tho honor to bo, Sir, Your most obcdicHt humble servant, LIVERPOOL. LANDS HELD IN MORTMAIN BY THE ROMISH CLEROY. MEMORANDUM OF ESTATES HELD BY OR GIVEN TO RELIGIOUS DOUIKS IN LOWER CANADA, TAKEN FROM THH EXTRAIT DES TZTRE8 DE CONCESSIONS DE TERRES OCTROYBES EN FIEFS, ETC. 1st. A concession made, in tho year 16V4, to Fran^oift Laval, first Bishop of Quebec, of five leagues in front by five in depth, on the River St. Lawrence, about forty-two leagues above Montreal. N. B. — This concession was not acknowledged by tho British Government to be valid, till tho year when tho Seminary of Quebec, to whom half of the concession Iiad been made over, disposed of the same to Mr. Papinoau, Sen., of Montreal, who was admitted to perform tealty and homage as purchaser thereof. 2nd. Certain French emigrant priests who came into the Province during the worst poricKls of the French Revo* lution have been allowed to possess themselves, under tho title of the " Seminary of Montreal," of the estates that were originally granted under the French Governniont to tho Society of St. Sulpicians at Paris. These estates consist of: 1st. The Seigniory of the Lake of the Two Mountains, comprehending a tract of country three leagues and a half in front, on the River St. Lawrence, by eight in depth. 2nd. The Seigniory of the Island of Montreal, of inestim- able value. 3rd. The Seigniory of St. Sulpice, comprehending two leagues in front, on the River St. Lawrence, by six in depth,. :!! i I 4' ¥ -y* .4nimmMii»i^*^-.^^.^. ' •(* 264 M m ■«•■;,■■ ,M* i 3K 1 ■ '?' '*n i 5 f ' •,.1* . ■ ( V n ^k ^. B. — A part of the above property only was estimated by Sir James Marriot, in his luminous report to the King, da^ed 17*73, to be worth six thousand pounds, sterling, a year. It has since Been stated by Mr. Roux, a French emigrant priest, who has the chief management of the property, to produce only three thousand seven hundred potinds a year, on an average of five years. It is, however, an undoubted fact, that the value of property of this nature, at the present moment, in Canada, is at least six times greater than it was at the period above mentioned. But it is to be observed, that the known want of title in the persons styhng themselves the Corporation of " the Semi- nary of Montreal," precludes them from supporting their claims in the King's Courts, and hence it may happen that these estates are infinitely less productive than they would be under the management of persons appointed by the Crown, ta which, by the right of conquest and the cessiofi of Canada, they actually beJong. (Vide Sir James Mar- riot's Report above cited, also the Report of the Attorney and Solicitor Genera;! of the Province of Quebec, dated .) The Report of Mr. Attorney General Sewell, dated , and the joint Report of the Advocate, Attorney and Solicitor General, addressed to the Earl of Liverpool, dated 3rd July, 1811. LANDS H^Liy BY THE ST. StlLFICIANS OF IRAKIS. Island of Montreal, 1 25,706 acre.:, St. Sulpice and Lake of the Two MountaiBS, 104,755 " 230,461 " SEMINARY OF QUEBKC. Cote de Beaupr6, 603,824 acrea. Isle Jesas, near Moc?treal, Isle au Coudres, 14 !l 4 J I ml \%4 4 1 VI ■f J . I ) V I: 266 feel very little regret in relinquishing the situation. 1 cannot, however, but bo anxious to return to Canada with. some public mark of approbation, and I hope, dear Sir, you will not think me i: iportunatc if I solicit your inter- ference for this purpose, previous to your final relinquish- ment of the Government. I have the honor to be, Dear Sir, Your most faithful humble servant, HERMAN W. liYLAND* \t:K MR. RYLAND TO MR. PEEL. 1, Poet's Corner, Westminster, Sunday Evening^ 24 th Nov.^ 1811. BiR, — From your having sent to me a few days since for a copy of my letter to you of the 4th August, 1810, I conclude the rights of the Crown, with respect to the Romish Church in Lower Canada, are about to bo taken into consideration ; and I beg leave, on this occasion, to remind you of my letter of the 22nd April last, which was accompanied by documents that I think will be found de- serving of the most serious attention, previous to the final determination of His Majesty's Government on this very important subject. The Roman Catholic Clergy in Lower Canada arc. by the Quebec Act of the year 1774, placed on a very different footing from the Romish Clergy in any other part of His Majesty's dominions, as uiider authority of the above Act they are empowered to receive and enjoy the accustomed dues and rights of Parochial Clergy ; but, to enable them to do this, I humbly conceive they must be legally appointed to their respective parishes, aiid those j parishes also be formed and created according to lav, j His Majesty's Law servants, both here and in Canada, have unanimously given it as their opinion, that the ricrht of presentation to Church livings, (as well as the right of [ erecting parishes,) belongs to the Crown. It appears, therefore, that, till this right shall be exercised on the pan! of Hi.-) Majesty, no curate, within the Province of Lower j Canada, can have legal possession of his cure, for it is tol m. ; !M situation. 1 , Canada with lope, dear Sir, dt your iuter-^ iial relinquisli- e servant, :minsteu, h Nov., 1811. ew days since for August, 1810, 1 L respect to the ►out to bo taVen this occasion, to il last, which was will he found de- vious to the final ent on this very Lver Canada are. placed on a very [gy in any other Ider authority of eceive and enjoy Ihial Clergy ; hut, eive they must be krishes, and those recording to la^v, |d in Canada, have that the ri^ht ot 11 as the right ot >wn. It appears, frcised on the pan •rovince of Lower s cure, for it is t1 257 bo observed that no private patronage exists in that Pro- vince, or if there bo an instauce of the kind, as suggested in the Report of the Law officers of the 3rd July last, it has never come to my knowledge. These circumstances surely prove the urgent necessity for the interference of the Crown, to secure to the Clergy themselves their just privileges, and to prevent their parishioners from avoiding payment of tythes, whenever they come to have sufficient courage and information to avail themselves, in His Majesty's Courts, of a want of legal induction on the part of their curates. With regard to the Romish Bishop and his Coadjutor, I may observe, that all the authority which they derive from the Crown arises from their being chosen, or nomi- nated, in the first instance, by the Governor or i:)erson ad- ministering the Government of the Pi'ovince for the time being,* and afterwards admitted to take the oath of alle- giance before him in Council ; or, as was practised in the year 1784 under the administration of Lieutenant Gover- nor Hamilton, before certain Members of the Council, appointed for the purpose. * On the decease of the Bishop, his Coadjutor succeeded him, and it consequently became necessary to appoint his successor. The individual to replace him, it is said, was usually agreed upon in a private and confidential conference between the Governor and Bishop, who, therefore, it is most likely, suggested, in the first in- stance, the individual of his Clergy whom he deemed the fittest for the post, and whose appointment being acceptable was accordingly confirmed by a Papal Bull at the instance of the Bishop, and sim- ply on this verbal and friendly understanding with the Governor. This usage is, however, now abandoned, and one of total indepen- dence of the Government adopted in its stead. At the period alluded to there was but one Roman Catholic Bishop, aided by his Coadjutor, for all Canada, including also the neighbouring Provinces. He had indeed, strictly speaking, if the opinions of the Law officers of the Crown in England are to be the test, no legal authority, his office, even as they alleged, being, by the laws of England, extin- guished with the conquest and cession of Canada by the Crown of France ; but in spirituals liis mandates were, nevertheless, scrupu- lously observed by his Clergy. The capitulations of Quebec and Montreal were, however, drawn up and agreed to in a spirit favor- able to existing rights, including those of the Clergy, as fur as the laws of England permitted ; and in justice, as well as in good poliejr, those rights have been respected, even in disregard to a certain ■ } ,'■;!- Ifii .it^'^ 258 m :t, I h' i. w'S. . i •in Thus, if the present Bishop were to die, his Coadjutor, Monsieur Panet (Avho, after liis nomination as such by Mr. President Dunn, was created, by the Pope, titular ]^ishop of some place, I believe, in Africa,) would be aUowed to take the above oath before the Governor and Council, as successor to Monsieur Plessis, and thereupon proceed, without any other authority Trom the Crown, to appoint, and remove at pleasure, the Parochial Clergy throughout the Province, to create new, or subdivide old parishes, as he thought fit, and in other respects to exercise powers and prerogatives far surpassing, in general influence, any that are exercised by the King's Representative ! To show you, however, that the Romish Bishop con- siders his appointment as dependant entirely on the nomi- nation of the Governor, in the first instance, I take the liberty of enclosing for your perusal a letter which was written to me in the year 1*798 by the })resent Bishop, Monsieur Plessis, who had, in the preceding year, been made choice of as Coadjutor by General Prescott, and thought himself imder some obligation to me for that nomination. Subsequent experience has convinced me, that great detriment has arisen to the interests of the degree of those laws. Bishop Plessis was created, in 1819, Arch- bishop, (the first in Canada of that title,) by Bull of Pope Pius the Seventh, which reached Quebec in July of that year, on the day of his sailing for England, but a few hours after his departure. He, however, did not on his return deem it advisable to assume the title, as his successors have done, and seemingly without objection on the part of the Government. Canada has since that period been divided into several Roman Catholic Dioceses, and which, to a certain extent, are recognised by Acts of the Provincial Parliament. The manner in which tac Bishops of these Dioceses, on the occur- rence of a vacancy, are noAv, in the first instance, nominated, differs very essentially from the former mode, neither Governor nor Gov- ernment being at all consulted on the subject. They are named by the " Concile " of Roman Catholic Bishops of the Arehi episcopal Province, meeting triennially at Quebec, or by the Chapter of the Cathedral, to whom the right, it is said, of electing the Bishop belongs, if the vacancy occurs during the recess of the " Concile" of Bishops. The nomination of the Bishop elect being confirmed by a Papal Bull, his appointment is then formally announced to the Governor of the Province for the time being, not for his approval, but that he may be apprised oificially of the fact that such an ap- pointment has taken place. On the decease of the Archbishop, ho also is replaced in like manner, unless, as is at present the case m^i rrv Coadjutor, uicli by Mr. liar Bishop allowed to Council, as on proceed, to appoint, ■ougliout the ishes, as he powers and ce, any that Bishop con- on the nomi- 3, 1 take the iv which was jsent Bishop, ig year, been Prescott, and me for that lonvinced me, crests of the in 1819, Arch- f Pope Pi"s the \r, on the day of leparture. He, to assume the Lthout objection that period been [nd which, to a ;ial PavUament. s, on the occur- ^minated, differs ernor nor C.ov- ley are named I Archiepiscopal Chapter of the ing the Bishop }^e'' Concile" of confirmed by a iounced to the jrhis approval, lat such an ap- 1 Archbishop, ho •esent the case I 259 Crown from this easy and iiaformal mode of Investing am individual with tlie most important and influential powers that can bo exercised under the Colonial Government ; and I hope I. shall not be thought to assume too much, if I avail myself of this opportunity to suggest of how great advantage it might be if the Governors of Lower Canada were instructed in future not to nominate any person to be Bishop or Coadjutor, or to be Superintendent or Assistant Supermteudent of the Romish Church in that Province, till lie has received His Majesty's approbation of the individual proposed to fill that office. This recfulation alone would be a decisive exercise of the King'L :.upremacy, and operate as a powerful check to the inordinate pretensions of the persons aspiring to hold either of tlie above situations. I think, also, that every Governor would be happy to avail himself of it for so useful a purpose. I have the hoaor to be, ho suoceeds of rigJit to the Archbishopric. It is not my purpose to make any comments on the above, further tlian to I'emark that the new system seemingly is approved of by the Government, and indeed that so far it practically works well, and apparently to the general satisfaction. But it laay, en passoDit, also very freely be averred, that it would be but little to the taste of the fervent old English spirit that endited some of the letters we are perusing, who certainly, if, like Lazarus, it were possible ta recall him from the grave, would see with great astonishment the changes that have taken place since his day. Nevertheless, they are all, it is to be hoped, ibr the best. Time will tell. — R. C, Quebec, 11th April, 1855. M in .#11 • I' . i i'i: !' iU'l !l'f 'i r f lii'''- ■I 4 1« ,4 ii - i 1 1" ■■ :^^ i i, , ij t 1 ■ • b 1 '.1 i ■'■ ■ ■V- 260 prends la liberie de vous adresser une lettre pour nn de mes amis a Loiidres. Permettez que je profile de cette occasion pour vous exprimer de nouveau les regrets qu'excite en moi votro depart de cette province. Ces regrets me sont communs avec tous les hannetes gens qui ont I'avantage de vous con- naitre, et qui savent apprecier le merite. Mais aucun d'eux n'a de motifs aussi particuliers que moi de se souvenir du temps que vous avez passe a Quebec. Je me rappelle avec une nouvelle gratitude la protection que vous m'avez accordo I'annee derniere et depuis. C'est k vos soins quo je suis redevable de la place que j'occupe, et les autres bontes qu'a eu pour moi le General Prescott. Le motif qui vous a port6 a. me proteger augmente le merite do cette ceuvre, puisque vous avez cru que le bien de la pro- vince devait resulter de ma promotion. Je m'eflforcerai de remplir vos esperances, et de meriter la continuation de I'estime que vous avez bien voulu me temoigner. Reciproquement comme je ne doute pas que votre retour en Angleterre ne vous procure bientot quelque poste avan- tageux, et que personne ne s'interesse plus vivement que moi a ce qui vous concerne, je vous demande comme une favour de me faire connaitre votre adresse, lorsque vous serez a Londres, afin que j'aie la satisfaction de pouvcir de temps en temps me rappeller a votre souvenir. J'espere que vos protecteurs seront les miens, et que si quelques uns de vos amis sont appointes pour quelque place importante dans le gouvernement civil ou militaire de ce pays, vous voudrez bien me recommander a eux, et me procurer leur connaissance. Vous savez combien je suis devoue au gou- vernement de Sa Majeste. Monseignenr de Quebec, dont je connais les sentiments pour vous, ne sera pas moins sensible que moi a votro retraite. Je ne crois pas m'avancer trop en vous exprimant ici ses regrets et son estime toute particuliere. J'ai I'honneur d'etre bien parfaitement. Monsieur, Votre Ires liumble et Tres ob^issant serviteur, (Signe.) J. 0. PLESSIS. P. S. — Permettez que Madame Ryland trouve ici mes assurances de respects. H. W. Ryland, Ecuier, Quebec. "n*^! ►our nn de pour V0U8 moi votro t communs ^e vous con- aucun d'eux souvenir du appelle aveo rous m'avez OS soius quo jt les autres t. Le motif e merite do bh delapro- ) m'efforcerai ntinuation de [ler. ,e votre retour ne poste avan- vivenient que le commeune |lorsque vous de pouvcir de kir. J'espere , quelques uns fee importante ce pays, vous I procurer leur evoue au gou- lee sentiments moi a votro lous exprimant |e. >nsieur, kiteur, PLESSIS. fouvo ici mes 261 MR. RYLAND TO MR. PEEL. 1, Pokt's Corner, "Westminster, 2Srd Dcccmhcr^ 1811. Dear Sir, — After I left you on Saturday, I called on Lieutenant Governor Gore, and liad some conversation with liini concerning Indian affairs ; but we were interrupted by company, and I was under the necessity of leaving him, without entering so fully into the subject as I wished. lie is going out of town for the holidays, and promises I shall see him at his return. If you can allow me to liave, for a few hours, the pro- posed establishment for the Indian Department in Upper and Lower Canada, and the requisitions for presents to the Indians in both Provinces, for the ensuing year, it will enable me to make a much more correct estimate than that which I gave you before of the advantages that might arise from granting to the Indians certain sums of money yearly, in lieu of making them annual presents of goods, &c. I could wish, also, to have a copy of the proposed establishment and general requisitions that were sent homo by Lord Dorchester, in the fall of the year 1795, which I will return without delay. I think they will be found bound up with His Lordship's despatches for that period. Ili^ letters contain a vast deal respecting he abuses in va- rious public departments under his Government, and par- ticularly that connected with the Indians, which he was incessantly endeavouring to correct and prevent. I hope you Avill pardon this liberty, and permit me to subscribe myself, witl Dear Sir, respect, Your most faithful humble servant, H. W. KYLAND. MR. RYLAND TO MR. PEEL. Oxford, \st February, 1812. Dear Sir, — On my way to this place I received a letter informing me that you sent a few days since to desire to speak Avitli me, concerning the surplus monies arising from the duties collected under the Gaol Acts of Lower Canada, p2 \ II r ■ i^nt •ij- -.i \* u : f f ! { '4 ■■■M \ l:i 'II m % If'!; n V-M I '1 f h, N > ' 262 and tlifit when my son callod in Downing' Street, to acquaint you that I was at Jiatli, you were so good as to say it would 1)0 time enough at my returu. I shall leave Oxford on Monday uoxt, and purpose wait- ing upon you at the oftiee on Tuesday morning. In the meainvhile you will permit me to call to your recollection, that, by a ])articular clause in the original Act of 1805, the duties collected under it, over and above the specific sums appropriated to the erection of gaols at Quebec and Mon- treal, are reserveproba- tion through the office of the Secretary of State. With respect to the practice in this respect in Upper Canada, I am entirely ignorant. I have the honor to be, &c., &c., 11. W. RYLAND. P. S. — On reflection it strikes me that the rum and provisions required for the use of the Indians may hereto- fore have been included in the estimates of the Provincial Commissary General, and that the present requisition may have been sent home separately through mistake. MR. RYLAND TO MR. PEEL. Poet's Corner, 2nd March, 1812. Sir, — I called at the office last week in the hope of hav- ing a few minutes conversation with you, in consequence of Mr. Caldwell's liavinn: communicated to me an order from the Lords of the Treasury, directing him to pay into the mil- itary chest at Quebec the monies arising from the Jesuits' Estates, which wore lodged with him as representative of his late father who held the office of Treasurer. T iro (Uroot- X'. instiiK'- on of tlio spoc'tively. . l)S»M'vetl ill le[>!irtinont chest, ninl r the Civil )f the pve- heretotbro, a matter of lcv than as CCS of sala- lers belong- ida without or approba- e. :t in Upper YLAND. e rum and nay hereto- 5 Provincial lisition may :e. ch, 1812. lope of hav- lonsequenco order from lito the mil- Ithe Jesuits'^ tentative of 267 Had an ord«^r to tliis olV«»ct prorooded from tliri oflico of the Se< rotary of State only, it Nsould nut hav(^ struck mo ns a suhject for ol>servation, hut jtroceediiin; imiiu'diat<'ly from the Treasury, I am led to suppose that His Majesty's Ministers liave come to a liual determination respecting the estates fornu'riy possessed I>y the .h.'suits, which, ever since the concjuest of C'anaih'i, have heen an ol»ject of jea- lousy on the part of tiu; public, in that Province; anriated entirely to military purposes, I f(iar a d'^i^ree of dissatisfaction nuiy be occa- sioned by tliis arran^'ement, which is liardly to b«( con- ceived hy any ]>ers(>ii not intimately acquainted with the state of public opinion in Lower Canada, relative to this subject. Jn all the communications which tlie Earl of Liverpool and you have allowed \no, to make concerniuji,' tlie atf'airs of that Province, 1 have liad one i)rincipal oliject in view, that of pointing out by what means the power, influence and revenues of the Crown may most etlectually be in- creased, without exciting discontent in the Colony, or iu- friiiging, in any degree, on the rights of the subject ; and this, indeed, was the chief puri)Ose for which the late Governor, Sir James Craig, sent me to England. Tlie Jesuits' Estates, having been taken possession of on the part of the Crown, in the year 1800, were long since represented to Ilis Majesty's Government as a means by which great political influence might be acquired ; and the gentlemen who have hitherto, as Commissioners, gratuit- ously undertaken the management of them, were encour- aged to exert themselves for the improvement of those estates, by a hope tliat tlie revenues would eventually bo appropriated to civil purposes, and thus be rendered con- ducive to the general benefit of the Province. My object in calling at the office last week was to make this observation to you, in case I liad ^bund that my conjecture relative to this subject was correct. I now write under an uncertainty, and should '.ave de- clined troubling you in this way, had not the ui ssenger intimated to me, on Saturday, tliat it was your wish I \l ■\} m,m I 'I I im V I; f, W i :r, 'HI li > 1(1 (, i; (^' .« ■^^a 268 should put anything on paper, which I had to communi- cate, as your occupations did not give you leisure to see me. I was in hopes that before this time I should have been put in possession of Sir (>. Prevost's sentiments with res- pect to the several points which formed the subject of my correspondence with the Colonial Department, prior to the month of August last, all of whicli I had fully acquainted liim with in two letters, one dated the 4th June and the other the'24th July ; but in a letter to me, d^ted Vth Novem- ber, Sir George merely says, " I am informed you have al- " tered your intention of returning to Quebec this year, " in conse(|uence of Sir James Craig's arrival in England, " from an expectation that, with his support, you will ob- *' tain a decision on some of the important subjects referred "to Government through you, touching objects of serious " consideration in the administration of the Government of " Lower Canada. I entirely approve the motive which influ- "enced that determination, and sincerely hope its result "will be favorable to the prosperity of this Province." From the above letter you will judge in how painful and embarrassing a situation I am placed. I fear that a suggestion of mine may have given rise to an arrangement which may eventually prove of detriment to the general interests of the Crown in Lower Canada. I am left with- out any directions from the present Governor of the Pro- vince to guide .'J. me, yet measures of serious importance seem to be expected, in consequence of the representations I had been instructed by his predecessor to make on par- ticular subjects relating to the Government of Lower Canada. Thus circumstanced, I trust I may rely on meet- ing with peculiar indulgence from you, that I may not be considered as committing myself, if I have offered an opinion without being correctly informed of the intentions of Government, and that all the observations which I have presumed to submit, relative to the public affairs of Lower Canada, will be attributed to their true motive, a sincere and earnest desire to promote His Majesty's inter- ests, and tin general welfare of the Province. I have the honor to be, IL W. RYLAND. I commnni- e to see me. I have been its with res-^ ; suhject of ent, prior to y acquainted me and tlio . 7thNovem- you have al- ec this year, in England, you will ob- jects referred ;ts of serious^ overnment of e which influ- ope its result Province." I how painful I fear that a arrangement the general am left with- r of the Pro- importancG ^presentations make on par- mt of Lower rely on meet- [ may not be e ottered an the intentions .ions which I blic aftairs of rue motive, a ajesty's intev- le. RYLAND. 269 COPY OF A LETTER TO MR. CALDWELL. Treasury Chambers, Idth February^ 1812. Sir, — The Lords Commissioners of ITis Majesty's Trea- sury, understanding tliat there is a sum of money in your hands, arising froni the Jesuits' Estates in Lower Canada, which has been lodged with you as the representative of the late Mr. Caldwell, who held the office of Treasurer of that Colony, I have received Their Lordships' commands to cause the amount to be paid in to the military chest in Canada, with as little delay as possible ; and, in the mean- time, I am to desire you will state to My Lords all the particulars with regard to the amount of the said sum, and the period at which it was received. I am, &c., (Signed,) GEORGE UARRISON. MR. RYLAND TO MR. PEEL. 1, Poet's Corner, Tuesday, 24:th March, 1812. Dear Sir, — I fear you will not find the enclosed so cor- rect as you could wish, but I have not documents by me to enable me to be more particular, or to give you a state- ment for a later period. If you have received the printed Journal of the House of Assembly for the last year, pro- vided it includes the usual accounts, a similiar statement for 1810 may easily be prepared from them. I had a note last night to inform me that my baggage ir.ust be put on board by Saturday next, and I expect to leave town for Portsmouth in the course of the ensuing week. I flatter myself I shall have the honor of taking a line from Lord Liverpool to Sir George Prevost, more particu- larly as I have not heard that His Lordship's letter to him respecting me was ever recei^•ed. This is the only favor I have now to ask. I have the honor to be, &c., (fee, H. W. RYLAND, III If I IS 11 I I a m ' i ii-^ 1 ■ ! iif 1) ; '1 270 Inclosure. COPT OF QUERIES BY MR. PEEL, AND OF MR. RYLAXD's ANST^ERS. What is tlie amount of the revenue of Lower Can- nda, (listinijuisliinn: that raised bv the Local Government from that which is at the disposal of the Crown ? Total amount at this time upwards of £45,000 per annum At the disposal of the Crown, towards defraying the gener- al expenses of the Civil Government, upwards of £20,000 per annum. What is the source, from whence derived, and the appli- cation of the funds ? 1st. Casual and territorial revenue prior to the conquest, viz : Mutation fines (called Droit de Quint and Lots «t Ventes) on the sale of real property. 2nd. Rent paid for the King's posts on the Labrador coast, for the Forges of St. Maurice, &c. 3rd. Duties imposed by the Act of the 14 Geo. IIL, cap. 88, and by subsequent Acts of the Provincial Legislature, which are applicable to the general expenses of the Civil Government, the administration of justice, salaries, jDcn- sions, &c., as the King may direct. The remaining £20,000 and upwards arises from duties imposed by the Provincial Legislature, part of them per- manent and part temporary, applied to specific purposes. The civil establishment is of course paid out of it, and it is presumed out of that part which belongs to the Crown ; what is the surplus after it is provided for? Certainly ; but hitherto it has fallen short of the general expenditure, and the deficiency is ordered to be made good from the military chest. Do the Assembly provide any salary for the civil ser- vants of the Government? Yes, but not specifically, except for those belonging to the Legislativ^e Council and the House of Assembly, to pay whom particular duties have been imposed. IIow is the amount of salary to each servant regulated ? The salary of the oflicers for whom the Legislature makes special provision, by the Governor. Those of the other ser- vt,nts of the Crown, by orders received through the Colo- nial Department, with the exception only of some few small salaries or allowances, concerninjv which it has been cus- tomary for the Governors to exercise their own discretion. "A.^., _^j 271 il ii.> |i il'ti h! 1 1 rjDB 4 -■1 Ml QO < w W EH O < P o »-) O w O H P O O ruiji« :t is with my baggage, or I would send it to you. I have the honor to be, u Satur- day last ; but, tlH'V have not vet c-oine to a d'»cision. I inn led to expect ^tiuit al't^M* tlw^ir ojuuions shall U* delivered iin, t\\^ whole will be broui^ht before a Cabinet C'ouncil. Tills state of thinu's ]>reveiits nw from takiiiij immediate steps lor rutiu'JiiiiiLr to Cainida, as it is wished that I should ^tav here till a Hual deterjjiiiiation cAm be had on the several poii:<>i. W the business w ^'ot throiipfh in ti;ne I shall enu-a^e a i»assa_u;e in the July convoy, but 1 am not witlnjut ajipreln-i.^loii tlmt I may be detained coiusiiler- Tvblv beyond that it»riod, aud in this wise ] shall make it mv duty to inform Your Kxcellency, from time to time, of the progress made in the busin^'ss ; and should you be dis- posed tc» honor nte with any commands, they may be ad- flresscd to me <,'ither und(?r cover to Lord Liverpool or Mr. IVel. I will only add that Lam really anxious, on every ac- count, to I'cturu as soon as jxjssible to njy ollhdal duties ;.Il Quebec, and that no considerations of a ^>nw(/f? nature will induc<3 me to prolonij: my stay in this country. I have the honor to be, Halifax, Nova Scotia, SOth July, 1811. Sir, — I am honored with vour letter of the 4th June, together with the ])articulai'S of a corj'esj)onuence which has taken ])lace between the Secretary of State and your- self, respecting the atlairs of Lower Canada, entrusted to your management by Sir James Craig. In reply, I have to inform you that the situation of Civil Secretary to the (rovernor ('Cneral will underijo no altera- tion until you return to Quebec to resunu^ the duties thei eof, except that Mr. Brenton, the Deputy Judge x\dvocate of British America, will execute them dui-ing your absence. I have the honor to bo. Sir, Y'our most obedient humble servant, GEORGE rREVOST, I! '1 ;i: 'I: I \ sm \% :m % f: 1 1. ' i % it i i 275 MB. KYLANu TO sih oeorok rui:vosT, 13AI;0:y Mr. Peel, I now take the liberty of enclosinrr a fO]»y for Your Excellency's information, toijcther >vith a copy of some observations •which 1 submitted to tlie Ljider Secretary of 8tate, in consequence < f' his comnmnication. To these I Bhall add tlie extract of a letter dated 4th .June, \vlii(di 1 have since received from Sir .l/imcs Craijx, and a cojiy of the late Bishop L)('naud's )»etition to the Kint;, which wa.'-: tr-msmitted to Lonl Camden, by Sir Kobcit Milnos, in the month of July, 1805, and is referred to in my letter to Mr. Secretary Peel, of the 4th Au^ist, 1810, as X\\e,fouri- (iatioH of the measures recommeuded by tlie Governor in Chief, with respect to the .';^•sumption of the patronage of the Jiomish Church. It is much to b,e lamented that, on the death f>f the Bev. Monsieur lA-naut, Mr. J)i;nn, wlio was then in the administration of the (lOVfrnment of Lower Canada, di.l Bot avLiil himself of the opportunity to decline nominat- ing^ a successor to tliat iJishop, until Ilis Majesty's plea- sure, respecting- the appointment, shoidd . be declared. Had this line of conduct b-een adtopted, I feel coidldviit that >b)nsieur llessis woidil readily have accepied tho fiituatiun under anj' restrictions and rewulations tliat His Majesty might have thought lit to ]>rescribe ; for, although there are few men more ambitious of power, or more eli'ectually zealous in the exercise of their religious func- tions than this ecclesiastic, I have no idea that either his zeal or his umbitioii ^^•ould induce liim to make a resis- tance to the firm exercise of the Ltoval I'rerotr'ilive, under the conviction, which he must have, that he is totally des titute of all legal authority as Bishop of Quebec. I trust Your Excellencv will excuse the freedom of mv present comiiUinieatiQn, and parmit m« to assure you. " ''^^M I 1'. I.. -. I ... - X LJAJ. TtTL ■ Ml If 279 II, Ih.'il f liavo 110 otlior motivo tor iMviiiu' lot'oio vou tlie?Q j);ii't iiiiliirs. tliaii a (k-sirc to ctiiiMi* ^ oiir lOxccllcii.'V t<> loriii a jllll^■lll♦'llt ot' tlio cliaract*'!' ot* \\\r |)('i>ou who i> at till! IhnkI ot" the IJoinisli Cliiircli in Lower Canada, and of \\n>. iiH'asnn'H \\liich it is in tlit* (•ont«'ni|tlalion of Hi;* i\Iajesty's GovernnuMit to at for ilu- tiituru rt';;ulation of ecclesiaKtiial atl'airs in iJiat J'roviiice. 1 liavc tlh.! lionor to bo, Jl. W. KVLAND. Inrlo.siin' D. A la tr^ii excidlente M((jfNte (hi Jinl, L'liunible re(|Uute de Ticrro Denaut, Evc'(|Uo do TEgliso Oatlioli([ue Uoniaine, Le<|Uol prond laliberte de s'approclier dii trone de Votro i^lajestu ]tour lui reniontrer trc's re'^pectueusenient : <.^ue ba veii;j!;ion Catboli((i;o lioniaine ayaiit oto intrf>- duito oil Canada avec sos ])reniic'rs coionjl^s sous I'ancii'U gouvornenK'nt (K^ France, rivecdie de (^Miebfc t'ut orige on mil six cent soixante-ijuatre, et a etc siiccessivi'inont roiiijili par des evcMjiies dont le sixieme est niort en mil se])t cent Koixante, epocpio de bi com^uete le ce l>ays par b.'s armea de \'otre i^Iajeslo. Quo depuis ('(.'tte date, les ('ntboli(|nos, (jui fornioMl plus des dix-neuf-vinn-tieuK's do la p()]>ulation de voire Province du l^jis-Canada out continue par la bonte de Votre Majeste d'avoir dea eve<{ues, lcs(juels a[>res sermeiit d'alle<;'eance, prete entre les mains du vq)rt'scntant de Votre Majeste en cette ]>rovince, en conscil, ont toujours exiM'ce lours fonc- tions avec la })ei'niission do Votro Majoste, et sous la ju'otoc- tion des ditiorens gouvorneurs (ju'il a plu a Votro Majeste d'etablir pour radministration de cette province, et <|ue votre sup])liant est le quatriome evcque qui conduit cette 6glise depuis que le Canada est lieureusement passe a la courotine do la (Jrande l>reta 280 et contcnir le clergo et le pcuplo, et pour imprinier j)liifi foilenient dans les esprits ces priiK-i]>es d'attachement et dc loyauto cnveis ieur s<.)uvoraiii, et d'obeissain-e aux lois dont les evcMjues dc ce pays out coiistaminent et liautenient fait profession. Que cependant, ni votre sup])liant, qui conduit depuis huit ans cette e^dise, ni ses predecesseurs, depuis la con- quete, ni les clk6s uk i'auoisses n'ont eu de la part do Votre Majeste cette outorisation npeciale dont ils ont souvent senti le beaoin, pour prcvenir les doutes qui pourraient s'elever dans les cours de justice, touchant I'exercice de leurs fonctions civiles. Ce considere, qu'il ])laise a Voti'e Majeste de permettre que votre sup|)liaiit approclie de Votre Majeste, et la prie tres hunriblement de donner tels ordres et instructions quo dans sa sagesse royaie elle estiniera necessaires pour que votre suppliant et ses successeurs soient civilement reconnus conuue evequesde I'Eglise Catholi(]iie liomaine prov(i tluj motive? wliicii inrlucnccd that deter- mination, and sincerely lio]>e its result will be favorable to tile prosperity of this I*i'ovinee. By my desire, Mr, l>rentou M'ill communicate to you, by this opportunity, the names of the persons I have deemed it ex|>edient to lay at the foot of the Throne, to be raised to the Leij^islative Council of this I'rovince, to enable me to form in that branch of the Lei^islaturo a counterpoise to the House of Assend>ly, there- by transferriuLj to tiie Leo-islative Council the political altercations which have hitherto been carried on by the (Governor, in person, an;ht have been sj>ai'ed him by a well composed Upper Ifouse^ possessed of the consideration of tlie country, from a ma- jority of its members being independent of the Govern- ment. As I am very desirous tlic services of the ^•"ntlemen recommended for the Legislative Council should be in operation as soon as possible, you will have tlie goodness to do whatever is necessary towards obtaining their res- pective mandamuses, and afterwards forward them to Que- bec by that conveyance which shall be considered by you the most expeditious. The Executive Council also requires revision. The descriptive state of its composition, transmitted by this opportunity to tlie Earl of Liverpool, will show the neces- sity of strengthening it to the extent [ ha\e proposed, Mr. Percival's name is on the list of persons recommended for Executive Councillors ; but as he is a Government Of- ficer, witiiout weight in the community, I only placed it there from an intimation to that effect having been ex- pressed by the First Lord of the Treasury. In the .short time I have been in this Province, I have visited it in a v/ay to enable me to form a correct judr/ me nt of the genius and disposition of the (Canadians. Travel- ling without pomp, I had frequent opportunities of seeing the inhabitant in his true character. I found the country in the hands of the priests, and at Quebec that jjrelatical pride was not confined to the Catholic liishop. o li If » Kl ii !i 282 'ji.\ ■ t I am in daily expectation of the arrival of tlio ITalifax Courier, with the Aui;'ust letters, containinii' the Law otll- cers' opinion on the assunipfiou of the patronai!;e of the Hoinish Church in this Trovince, and ! make no douht tliat opinion will be both guarded and moderate, and that an a))iic nrrani/emoif will be ]>r(!ferred 1o an enforce- ment of ri^-ht. Such is the i)-oneral tcm|>er of our country, therefore I feel most anxious to avoid all ckocess of law. It havinfl^ been represented to me that Sir James Craig* had taken with him a letter from the Secretary of State, containino'an authority to com})lete and enclose the (Cathe- dral of the Establisheil Church at Quebec, I have to re- quest you will obtain and transmit to m.e a certiiied copy thei'eof, to enal)le me to direct that essential service to he performed as soon as the season will all^'v, oi ii. in conformity Avith the earnest solicitation on the subject, made by the Lord Hishop. I have the honor to be, Dear Sir, Your most ol)edient humble servant, GEORGE PREVOST. 'ill 4: MR. RYLAND TO SIR GEORGE PREVOST, BARONET. London, 24th August, 1811. Sir, — I was yesterday honored with Your Excellency's letter of the 30th July, for which I beg leave to return vou mv best thanks, and at the same time to assure you that I feel, in the most sensible manner, the kindness and liberality of your determination with regard to the ap- pointment of Governor's Secretary. I must confess that I was much embarrassed by the pe- culiar circumstances in Avhich I found mvself when I first took the liberty of writinc: to vou. I considered it as incum- bent on me to a])])rize you of the purposes for whicl Sir James Craig had sent me to England, and of the progress made in the object of my mission. At the same time I was aware of the slight pretensions which, as a perfect stranger, I could have to a situation under you of such peculiar confidence as that of your Civil Secretary, and on -^ -**-illll TW II II M » »i ! ! ;l tlio ITalifax \ui Law otli- uivj;i- of tlio ko no (loul)t ito, and that an enforce- 0111* (H)untrv, i:ss OF LAW. James Traip: rv of State, >e tlie C^atlie- liavo to re- I a ('(M'tilied ntial service I! •■••,>. ot ii. in the snl'ject, nljle servant, REVOST. 3AR0NET. ust, 1811. Exeelleney'fl VG to return 3 assure vou vindness and i to the ap- d by the pe- Avhen I first 1 it as incTim- )r "Nvhich Sir tlie progi'css same time I as a perfect you of sucli jtary, and on 283 this account I thunufht it a matter of deh'cncy not to fiolicit tlie ap])ointment (though I am ju^itly sensible of the h.ouor confcrree that before thi>i time you will have arrived at the Seat of the (Jt-neral Government, and have been enjibled to form on the spot your own judi^ment of the several ])oints which form thf< eubjeet of the correspondence I have had tho honor of siib- niittiiifj to you. I cannot but think that Your Excellency will be struck with the im])ortant advantaires, in respect of patronajre and influence, *\vhich would arise to the Crown were tho Kinj^'s Representative to exercise the rijjht of presentation to vacant Koman (Jatliolic living's in l^ower (Canada, and were Government to take into its own hands the manacfe- nient and revenues of the St. Sulpician Estates in like manner as already lias been done with resj)ect to tho estates formerly possessed by the Jesuits in that Province. A clear and decisive opinion having at leno;th been ob- tained from the Law servants of the Crown here, (joincid- ing in every particular with those previcnisly transmitted from Lower Canada by Lieutenant Gossible su)>port. Those of the King's Ministers with whom I have had opportunity of conversing on the measures proposer!, seem fully sensible of their importance, and do not hesitate to express an earnest wish that they were carried into exe- cution, yet still I observe a backwardness in coming to a conclusion, wdiich I cannot satisfactorily account for. Your Excellency will now be enabled to inform your- self whether any opposition is to be .ap))rehended on tho part either of the Rev. Mr. Plessis or of the French priests at Montreal to the orders of Government, qualified as n^ i; w ■m I f) :> i *. ; i 266 tvropoAe;] in my letters to I\rr, TVol, of (lio 4th AuLjiif^t, 1810, mil nth July, 1811; aii-l should you ovcutualiy S(!o roa.-^ou to iTcon)iii<'iien had r'-s{ie/tiiiL( tli(> liionies arisiui; from the Jesuits' Iv.tate^, tliouijfh tins certainly is a matter tlia.t car- ries with it no dilHculty, the (,'rown' havino- been upv.ards ot eleven years in undisturhed jiossession of {he ])roperty ; and it only remains for < Government to sav to wliat pur- poses the revenues of those e" .^ « shall hi? ap})lied. Having been sent home foi ' special j.urpose of so- lieitiuiJf a final detenninatiou on these matters, and havini^ been ]u)]U)red by th(A Secretary of State with an attention I had hardly ])rcsumed to expect, 1 cannot but feel i^^'^^at anxiety to see the business broutjlit to a eh^se before I re- turn, and 1 beo' leave once more to assm-e Your Exr-elleney, that J have n( other motive for prolono'incr niv .-lav in thip country than a hope tliat 1 may yet be able to foi v,;tr.i, in some de^rree, an object of so much imnortanee. L think it proper to mention that, owing to Lord Liver- pool and Mr. Peel being out of town, I have not had an opportunity of seeing either of them for some time past ; but I Iiave taken occasion to inform ITis Lordship, that 1 shall hold myself in readincsss to return to Canada by the "Way of th.e United States, in case you desire me to / the latter, which have for the present put a stop to the business. I am not without hope, however, that the next despatches from you may put the Secretary of State in possession of your sentiments with regard to the points under discussion, provided you have had time to give your attention to the pjipers which accompanied my letter to Your Excellency, of the 24ih July ; and if so, the consideration of them may be resumed before the meeting of Parliament; at least, I am unwilHng, very unwilling, to believe that a patronage of so important and influential a nature as that of the appointmejit to Catholic Church livings iu Lower Canada, and a property of such f r r llr fi I *.: >f I ' I2SS f(rc'&t Cfm^i'qrtCX)c:o arid value a.i t})at of lire Sfirrinary Estates, will bo roliiKjiiishoil by the (Jiown witliout imiclt more soljd rciisons tliaii any tlrat hav<> yet U'en advlii«'h made Lord Liverpool hesitate to put hissinnatnre to the d(spat(di y and tlioujjfh the n>atter still remains in susjxinse, I think it may be satisfaetory to Voiir Excellency to have this account of its present state. I yesterday received Mr. Krenton's dnpllcafe letter of ther 22nd 0('to^H'r, and I shau not fail to attend toyour wishes^ res]K'ctinf( the mandMn>ns. Mr. iV**! snid Lord Liverpool would liave no objectiou to the s^'entleHicn whom you have recommended, but I fear it is n-ot possible that the man- damus should be for(varded iiv time to reach yon by the openirii^ of the Provincial Leip^hitnro, even if you were to postpone it till towards the end of Fel)niary. I sliall most cheerfully advjince the fees as Your Excellency desires. I am just this moment informed that the mail at tha Secretary of State's ofHce is aboiit to be made up, which obliges mo to conclude very abruptly, and will pnivent me from writing by this op])ortunity either to Col. Baynes or Mr. Brenton, as I intended. T have received the ColonelV very kind letter of the 10th October, and shall take th*? liberty of enclosing for hiiTi tlie two or three last papers. I Lave the honor to be, &e., &c., &c.) H. W. RYLAXD. I*. S. — I have written to Your Excellency by every packet »ince June, and slu\II continue to do so till I embark. MR. RYLAND TO SIR GEORGE PREVOST, FARONET. 1, Pokt'b Corner, WESTxvrrssTEii, 2nd January^ 1812. Sir, — I have the honor to acknowledge the receipt of Your Excellency's letter of the 7th November, and agi-ee- abiy to your directions I have used my best endeavours to 28d forwHi'fl the nianiii.'iu, tlic Hca*! ('I»'rk, t(» whom \\uA branch particularly hcloiiLCs, iiiloriiis inc that lli;< Royal Ili^rhiicss ha> not yet \)i'i'n aide to siijii thcin. f mulerstanil, t'r(»in Hiudhcr (juartcr, that this iiiahilitv ha:-i been occasioned by a nervous afl'cction of the; hand and arm, broui>-ht on by constan-tly icaninn' on his elbow, dur- ini: the rrincu's loi/o; coiitinement in bed, after tho spraif'i in his ankle. The other mandnniUscs havo vet to be laid befl»re the l*rivy t^ouncil, previous to their beiuL' ;^ot a sight of Mr, Arltutliudt on tlio siiKjcct. 1 havo tlio lionur t<» ])<\ etc., ir. W. KVLAXIX T\ S. — T liavo one('t to the matttM's [ have alrcjady had the honor of writin!jf to you about, 1 sliall eonlino my pre- sent conirnunication to the siibj. — 'y\\(* M-Mh\;\u\\iml(•il; oven tliosci f(»r tho Lo'^is- lativi* Cotiiicil, althoiii^li t!n'y woro si-^riKvl somr ilavssiin-o, have not yet ln'cM stain|M>il, so tliat tlirv c-aimot Itc for- Wanlcd lu'fore tin* Kolnuary mail, ati'l I apprt'lu-ml tlu'V will not reach ('anada Ix-foro tlio session of tlu' I'rovin.'ial Lci'-islalun' is closed. I am to linve attested eo|ii(!s of tlio whole, which 1 shall l>riii'.( with me. II. \y. 11. MR. RVLAXD TO SIR HKORC^K rUHVOST, BARONET. I'okt'h Counku, (\th FiJinianj^ I Si 2. SfR, — T yestoi'day had an iiitei'view with Mr. I'cel, l>y his desire, on tin; snhjivt of the surplns monies arisinsr from the Lower Canada (xaol \r\ of the year 180,>, and uIho eoncerninc; the rev«'nnes whieli have heen |taid into tiie hands of the TreaHnrer for the Jesnits' Kstntes, sinco Ihey wcn^ taken possession of on the ])art of the ('rowii. With reujard to the tirst mentioned snhjei't, I was rather surprised to iliil tliat an ( )rder in Council had recently been made by lhro])riate the surplus monies abovv; mentioned ; and that Ilis Majesty's Ministers entertained an idea that they niiLjht i>e applied to defray the expense of erectin<^ bar- racks in Lower Canada. 1 took occasion, therefore, to I'emind Mr. Peel, tliat, by a particular clause in the original Act of 1805, the duties collected under it, over and above t!ie specific sums appropriated to the erei^tion of gaols at Quebec and Montreal, arc re.-erved for the future dispos.al of the Provincial Legislature ; and that this clause, althougii not strictly conformable to the directions contained in the Royal Instructions, had reiieived the sanction of Uis Ma- jesty's assent, and conse([uently must stand good. That the amount of the duties collected having greatly exceeded the sums originally voted for defraying the ex- pense of erecting gaols at Quebec and Montreal, an Act was afterwards passed for granting out of the same fund li i i I II: ^ .#■ r ■ i-i i I :^i' "■i S, 293 ftdditionai sums for the above purj^ose, and also for biiial- ing two prisons and two Court rooms in the District of Gaspe. I further mentioned my liaving been informed by Sir James Craig, that in the last session of the Legislature aJi Act was passed for continuing, during a limited time, the duties ijnposcd by the Gaol Act, and for appropriating out of them fifty or sixty thousand ])Ounds towards de- fraying the ex])ense of erecting appropriate buildings for the meeting cf what is tlierein termed "the Provincial Parliantent." I fuithor o1)Scrved it was within my Icnowledge that the Legislature had it in contemplation, out of the samo lund, to provide for the erection of houses of correctioUj and other ])Ubl!;; buildings of a civil nature, and that, under such circumstances, I apprehended there was not a chance (whatever might be the dis])osition of the Legis- lative Council) that the Assembly could be brought to concur in appropriating any part of those monies to the erection of barracks, as had been suggested, and conse^ quently that the proposing such a matter to the Legisla- tive body might tend to compromise the dignity of Gov- ernment. On looking over the documents in his office, Mr. Peel found the copy of an Act, passed in the last session, em- powering the Governor to appropriate the vsum of ten thousand pounds towards defraying the expense of erect- ing a common gaol at Three Rivers ; but Mr. Peel told me that n<^ither the exemplifications under the great seal, nor the printed copies of the Acts passed last year, had yet come to his hands. I felt more embarrassment in oft'ermg an opinion with respect to the disposal of the monies ariising from the Jesuits' Estates, owing to my not being in possession of Your Excellencj^'s sentiments on the subject, and T should be sorry indeed to suggest anything which might not per- fectly a(5cord with your wishes ; ol)serving, however, how solicitous the vSecretary of State is to avoid an application to Parliament for the funds requisite to defray the expense of erecting the intended barracks in Lower Canada, I in- formed Mr. Peel, that soon after the Jesuits' Estates had. been taken possession of on the pfirt of the Crown, an 293 I 50 for bill Id- J District of informed by LcgisLaturo iinited time, ppropriating towards de- mildings for e Provincial wledge tbat of the sanifl t correction, B, and that, lere was not of the Legis- brouifht to lonies to the , and conse- the Lea'isla- nitv of Gov- ice, Mr. reel session, em- sum of ten ij;e of erect- r. Peel told le great seal, ^'ear, liad yet opinion with ng from the possession of and T sliould ight not per- owevcr, how a application ^ the expense Canada, I in- Estates had e Crown, an address was presented to the Lieut. Governor by the As- sembly, praying to have conumuiicatiou of all the doni- nieuts and papers relating to tlicin, that W(;io in the hands of Government ; to which address a very lirm and decisive answer was returned bv the Lieut. Governor, o-iviuf the House clearly to understand that the pi'opcrty belonged solelv to His Maiestv, and that the Lomslative bodv had no pretensions whatsoever to interfere respecting it, and that since the above period the Assend)ly had been j)er- fcn^tly silent on the subject. At the same time, 1 remarked that a very sanguine liope was still entertained throughout tlte Province, and more particularly by the Knglish part of the community, that a portion, at least, of the revenues arising from those estates will eventually be ap])ro))riated to the advancement of learning, and to the establishment of public schools in Lower Canada, and that nothing would cause so general and so deep a sensation among all classes of people as the entire alienation of those funds from tho above purposes ; I ventured, nevertheless, to give it as my own individual opinion, that no dissatisfaction of the nature here alluded to would be to be apprehended in appropriating the monies already collected to the object mentioned by Mr. Peel, provided Government thought lit at the same time to assure to the public a participation in the future reveuiics of the Jesuits' Estates for the promo- tion of learning, and the establishment of })ublic schools, so essential to the general interests and welfare of tho Province. I added, also, that I felt confident tho revenues of tho Jesuits' Estates might be sj^eedily and very considerably auo^mented, and that I thoui>"ht it evident Government might derive great advantage, in point of })Ower and in- fluence, from keeping this as a separate and distinct fund, to be appropriated to such purposes, whether civil or mili- tary, as His Majesty might from time to time see tit to direct ; and that, should the Crown hereafter take into its own management the St. .Sul})ician Estates, to which it has a title equally clear and decided, the facilities that would thereby be given to the administration of the Civil (Jovern- ment of Lower Canada would, in my humble ojiinion, be ;i'eat an extent as His Majesty's lOfUKV Li ma- ters could desire. mi li:i m 'x< i '■ II 294 ? ? • ! m ' II ' .Mm I have tlioiii^'lit it proper to nfive Your Excellonov these particulars, that you may be fully informed of all that has passed on the subject, and I flatter myself you will do me the justice to believe th.it if I were acquainted v ith Your Excellency's sentiments and views respecting these or any other matters relatina; to the Government of Lower Can- ada, I should consider it my paramount duty, on all occa- sions, to support them to the utmost of my power. I liave the honor to be, &c., II. AV. RYLAXD. MR. RYLAND TO SIR GEORGE PREVOST, BARONET. London, 4th March, 1812. Sir, — I think it proper to enclose to Your Exceliency a letter wliich I lately received from Mr. Peel, tog-ether with a co])y of my answer, relative to the annual requisition of rum and provisions, and to the proposed establishment for the Indian Department in Upper and Lower Canada. From the many opportunities Mr. Peel has taken of con- versing with me concerning Indian affairs, it a]>pears to me that Government is disposed to revise the whole sys- tem established for the management of them, and that the present inquiries are merely a prelude to a future investi- gation of the subject. If nothing further was in view than to obtain correct information with regard to the particulars mentioned in the letter from the Secretary to the Treasury, I should suppose that, by referring to the official records of former y^ars, every point therein mentioned might b^ correctly ascerlaino'l. I availed myself of this occasion just U> hint at the inconveniences that have arisen from breaking up the system established during the command of Lord Dorches- ter, when the whole Indian Department was considered as purely military, and subject to the immediate control and direction of the Ollicer conniiandinjx the Forces in the two Provmces. In continuation of ih(i subject mentioned in my last letter to Your Excellency, I now do myself the honor to enclose the co'>y of one which I hiivo lately taken 295 IK'iU'V these all that has will do me \ V ith Your Lhesfi or any Lower Can- on all occu- )wer. TLAND. BARONET. rf/i, 1812. Excellency a Dgether with 'eqiiisition of )lishnient for Janada. ;aken of con- t a])pears to e whole sys- and thai the iture investi- btain correct mentioned in uy, I should ^h; of former h^ correctly hint at the dng up the 3rd Dorches- onsidercd as control and 3s in the two in my last If the honor lately taken occasion to write to T\[r. Peel, concerninor the monies aris- ino' from tlie Jesuits' Estates. In the ('orresj)on'lence alrea'ly transmitted to Your Excellency, I have ontci'e 1 ^<) fully into this and other matters which I had been instructed to press upon the attention of His M:iiestv''s ^finisters, that it would be trouhlin'jf vou unne^'essarilv were I to renew them on the present oc(;asion. I t:'ust the motives for ail which 1 have taken upon myself in this correspondence will appear to Your Excellency such as I liave st;ited them to be, and such as I can truly say they are ; and, in this case, thoufjli my judo'ment should appear to you to be ei'roneous, I am persua led my intentions will meet your approbation. 1 shall reserve many tliincrs for personal communication, of which I flatter myself \ shall have an opportunity al- most as soon as this letter can reach your hands. It would have afforded me infinite satisfaction to have been put in possession, before I left En<2fland, of Your Excellen- cy's sentiments upon the several subjects ' have written to you about, as I mio-lit thereby have been enabled to pro- mote your views, and to have corrected my own o])inions, wdiicli I should never for a moment think of offerino- to His Majesty's Ministers in opposition to any measures which Your Excellency might judge it proper to propose. I have tjie honor to be, etc., II. W. RYLAND. MR. RYLAXD TO SIR GEORGE PRE YOST, BAROXET. London, Gth March, 1812. Sir, — Since I closed my last letter to Your Excellency, Mr. Peel has communicated to me one which he has wn'itten to Mr. Harrison of the Treasury, informing him that as Lord Liverpool finds a very sanguine hope has been entertained in Lower Canada, that the revenues arisinix from the -{esuits' Estates woul I eventually l>e ap- propriated to the general benefit of the J'rovince, it is not intended to make any a]»propriation of them till oj)por- tunity has been ailbrded to consult Your P]xcellency on the subject ; that His Lordship, nev<*rtheless, thinks it pro- per that Mr. Caldwell should be called upon for an account J h\ H;^: '? \' i:.^-..zr: <. ' ( 1 ['• Ih^ ( 296 of the smi'is received Lv Lis fatlier, aiul that lie should be directed to ]»ay them into the miliiary chest. This arraii<;:einent has relieved me tVoin i^reat uneasi- ness, and as it will attord Your Excellen<;y leisure for maturely consiJerinu^ the subject before your opinion uj)on it is given, 1 trust it will meet with your entire approba- tion. I was apj)rehensive till lately of a change in the Colonial I>ej)artment. but 1 now look forward with confidence to the Earl of Liverpool's remainino^ at the head of it, and I should hope that a final settlement of those points relative to Lower Canada, which have latlerly been under discus- sion, will thereby be greatly facilitated. 1 have the honor to be, &c., IL W. RYLAND. EXTRACT OF A LETTER FROM MR. RYLAND TO THE EARL SP EN 3 Ell, K. G. Beaui'Ort, xe vu Quebec, l-ith August., 1812. Poor Sir James did not then know who his successor "would be. He little imagined it would be an officer who had a partic!ular resentment against ////n, and that, before his arrival in the Province, it would be openly mentioned that he intended to remove from ofiice ,hoso who had been in the confidence of his predecessor ! Before I lay down my pen, I must beg leave to say a few words to Your Lordshii), concerning a nic'itter which made some noise in f^ngland soon after I left it, — 1 mean the correspondence, in which I was imj)!icated, that was laid by Mr. Madison before the Congress of the United States. I lament that I had not the 0})])ortunity which Mr. AVhitbread seems to have been disposed to atibrd me of declaring before Parliament the limited intentions of Sir James Craig in the mission given to Henry, which amounted to no more than to ascertain tthe real bias of the public mind in the neighboring States — an object which, I nmst think, was in itself wise and justifiable, although the agent employed eventually proved to be undeserving of confidence. The present Sir George Beckwith, when Aid-de-Camj) to Lord Dorchester, in the year 1786 or V, was sent by His 297 Lordship on a similar mission to that noimtrv, as may bo seen on referrinnr to the records in the ollice of tiie Secre- tary of State for this department. I will only add that Henry's j)apers have been cfiven to the public in a very garbled and incorrect state ; that several letters from himself and from me have been sup- pressed, which would have shewn the extent of the reward held out to him, and of the value ))laced on his services by Sir James Craii>", wdio never for a mouient ijave him reason to expect more than that he would avail himself of any fair occasion to })lace him in some public em})loy- ment under this Government. 1 am quite ashamed of having continued my letter to such a lenii'th, and therefore shall abruptly conclude. Mv mind has been much relieved in writing it, and I will indulge the hope that Your Lordsliip will continue to honor me with your countenance and good opinion so long as I feel conscious of having merited them by a faithful and upright discharge of the duties imposed on me by my station in life. I have the honor to be, with the utmost respect, 11. W. KYLAND. P. S. — As it may not be uninteresting to Your Lordship to know something of the nature and management of the Jesuits' Estates in this country, I shall take the liberty of enclosing two memorandums res|)ecting them, which will convey a very correct idea of the subject. The Estates are estimated to comprise up\vards of eight hundred and ninety thousand acres of land, the greater part of which is still unconceded. H. W. R. MR. RYLAXD TO THE EARL OF LIVERPOOL. Beaut'ORt, near Quebec, 19th August^ 1812. My Lord, — Il/iving been honored by Yaw Lordship with so flattering a recommendation to the Governor of this Province as that contaim d in your letter of the r2th July, 1811, to Sir George Prevost, who previous to his I I 15 "J ( \ a li '"r -ft If. '1 3 &^ 298 reception of that letter had written to acquiiiiit me " thafc " lie should make no change in the aj'pointment of Civil " Secretary to the Governor Ceneral till I returned to " Quebec to take upon me the duties thereof," I thiiik it but justice to myself to inform Your Lordship, that, irom the moment of my airival here, that department was put on a totally different footing from what it .had ever been since. I -was put at the head of it by Lord Dorchester in the year 1793. I must further add, that the change hfis been such as to take from my situation the respectability hitherto attached to it, diminishing at the same time, very essentially my advantages in a pecuniary point of view, and tending to impress the public with a belief, either that Sir George Prevost considers me as undeserving his confi- dence, or that my services have been obtruded upuu him contrary to his inclination. L'nder such circumstances I feel that I cannot long contintie to hold the appointment. Deference to the honor done me by Your Lordship's recommendation renders it necessaiy that whenever 1 do resign the situation of Secretaiy to the Governor of this Province, I should be able to prove that 1 was willing to serve in that capacity as long as I could do so, without being degraded in my own as well as in the public estimation. In saying thus much to Y'our Lordship I do not mean to offer any complaint against Sir George Prevost, who cer- tainly is at liberty to give his confidence to whomsoever he pleases, but merely to justify myself to Your Lordship, whose good opinion I cannot but be anxious to preserve, as well as that fair character which 1 flatter myself I have established by nineteen years service in the most confi- dential and laborious employment under this Government. I trust Your Lordship will pardon me if I avail myself of this opportunity to say a few words on a subject which, it seems, attracted much public attention soon after I left England. I refer to the correspondence in which I was implicated that was laid by Mr. Madison before the Con- gress of the United Slates. I lament that I had not the opportunity which Mr. Whitbread seems to have been disposed to allbrd me, of declaiing before Parliament the limited intentions of Sir James Craig in the mission given 299 lie " tlifit ,t of Civil tuiiietl to [ tiiink it tliat, iroiii L was put ever been cliester in liange luis peclability time, very it of view, L'itlier that J his conti- upuu liira ni>laiices I puintinent. Lordship's never 1 do lor of this wilHng to >o, without he pubhc )t mean to , who cer- lornsoever Lordship, preserve, self I have nost confi- overnment. ail myself ■ct which, after I left Inch I was the Con- lad not the have been lament the ssion given to Henry, which amounted to no more than to nf;ceriain the real bias of the public mind in the neighbouring States. I have letters from Henry, and co]ii(s of some from mo to him, which it would not have answered his purpose to publish, because they shew the extent of the reward held out to him, and of the value [tlaccd on his services by Sir James Craig, who never fur a nn^ment gave him reason to expect more than that he would avail him- self of any fair occasion to place him in some pid;lic employment under this Government. Your Lordship will allow me here to mention one circumstance relative to Sir James Craig, very well known to every gentleman who has served immediately under him, which is, that he never put his name to any letter or pa}>er of importance which was not drawn up entirely by himself. Of this description were the instiuclions given to Henry, of which J have not a copy, and therefore cannot say whether that given to the public i.^ correct or not, but 1 can take upon me coniidenlly to assert what 1 have above mentioned, with regard to the nature and extent of them. 1 exceedingly lament that the f gent made choice of by Sir James proved so utterly undeserving '>f confidence, and that so much tivU^lehas been occasioned to Your Lordship by a measure which originated in the purest desiic to pro- mote the national interests. I was very sorry on Diy arrival here to find that Mr. Burke was about to return immediately to Kngland, and that a young man,* a native of Halifax in Nova Scotia, had been biought here to sup)>ly his place. Mr. LJurke has abilities that might render him useful in any othce, and had he remained in Carada, I should have had great pleasure in shewing hi)'i every attention in my power, whether T continued in the situation of Governor's Secre- tary or not. I hope Y^our Lordship will have the goodness to remember me most kindly to him. I have the honor to be, ^]y Lord, Y'^our Lordship's most obliged and Most humble servant, H. W. KYLAND. - r- — - ■ T-|-T-r II I 1 ■III! ■ II ^ I -r * Mr. A. W. Cochrau. m/^U ■ 1 »'. I 300 MR. RYLAND TO THE EARL OF LIVERPOOL. QuKUKc, lOth May, 1813. My Lord, — In a loiter wliiih I tliJ mvself the honor of writing to Your Lordship, in the mouth of Auijust hist, I took tlie liberty of statiufj tiie very un))leasfint circum- stances under which I held the situation of Governor's Secretary in this Province, which Your Lordship had so kindly interested yourself to secure to me ; and shortly afterwards, throue Prevost, lie of con- > agreeable )wn honor, retary, but so without equivalent, hat time at Qswer of a reated with iiewhat less e General's edly with a e duties of pecuniary equivalent rder to p re- answer in pointment, !« had my with atten- h-enton, the om Halifax ima(;y with entire con- could not er to him ; could be le time ho •cxprosRcd a wish that a moans could be devised for my retiring from that office without injury to my private cir(!um stances. I answered that I liad now Iiokl tlie situation of Gover- nor's Secretary for the extraordinary period of twenty years, that I felt conscious of liaving uniformly served with zeal and fidelity, and that in my official capacity I had never had any other object in view but to promote to the utmost of my ability the interests of the Crown and those of the public, and that I tho rlit I had a fair claim to be enabled to retire on terms which would not materially lessen my annual income, or lower me in the public esti- mation, to which the Governor readily assented. I men- tioned the establishment of the Executive Council office as absoiiitely requiring to be put on a better footing, and as affording tho most eligible means of my being compensated for the loss of the Secretariship, and two days afterwards I sent to the Governor a memorial on the subject of which, as well as of his answer, I now take the liberty to enclose copies, in the hope that the arrangement which the Gover- nor has made with regard to the Council office, and which he will of coui-se submit to the Secretary of State for this department, may, if necessary, obtain Your Lordship's countenance and support. I have the honor to be, with the utmost respect, My Lord, Your Lordship's most obliged and Most humble servant, n. W. HYLAND. MR. RYLAND TO SIR GEORGE PREVOST, BARONET. Quebec, bth April, 1813. Sir, — Captain Milnes having this morning called upon me with a proposal from Your Excellency, of a very deli- cate nature, I flatter myself you will not deem it imper- tinent if I take the liberty to state in writing what I understand to ha\'e been the purport of it, which is, " that I should retire from the duties of Civil Secretary, " but continue to enjoy the pecuniary advantages attached " to that office, till you are enabled to give me an equi- " valent." e I? f 1 1-' K ti f 'I, I' ' )v 802 i, ( mi ',■ 1 n Had Vour Excellency, on the receipt of my letter of the 4th June, 1811, been pleased to inlorni me that, from the time of your entering upon tlie administration of this Govorumeut, my appointment as So^•re^• lO the Gover- nor General would cease, or that it ^ . i undergo any material alteration, I should inimediaicly have availed myself of tlie opportunity I then had to sulmiit to the Secretary of State my ju'etensions on rcliriug from a •ituation of so conJidentiul a nature, after having held it for a periotl of nearly nineteen years. I should, however, have limited my expectations to what, in my humble opinion, could not but have been considered as reasonable and just. I should have informed the Secretarv of State that T had been more employed in the l»usiness of the Executive Government of this Province than any other individual whatsoever; that in the course of mv services under five ditferent administrations of the Provincial Government, I had obtained (without solicitation on my part) three patent appointments to which salaries are annexed, viz. : the appointment of Clerk of the Execntive Council of Lower Canada, with a salary of four hundred pounds a year; that of Clerk of the Crown in Chancery, with a salary of one hundred; and that of Treasurer for the Jesuits' E3tates, with a salary of one hundred and thiriy- five pounds sterling per annum, making in the whole £635 a year, out of which I had to pay the contingent expenses of each of the above offices, including salaries to copying clerks, &c And at the same time I should not have con- cealed that, in addition to those appointments, I had a pen- sion of XuOO per annum granted to me in reward of my public services prior to the year 1804. U})on these grounds, as well as upon the very important and confidential nature of the business which at that time had occasioned my being sent to England, I sliould have founded my claim to be enabled to retire from the Secre- tariship upon such terms as would not Imvo caused a diminution of the income which I was then in the receipt of from Government, and I trust Your Excellency will not think me presumj^tuous when I say, that I feel persuaded pretensions so well founded would, without difficulty, have b«en acceded lo by the Secretary of State. 303 In all events, I should have known the actual prospect before me, anrl have mnde my arrani^fments acconlintjiy. The cliaracter which in the courHc of twenty years' ser- vice under this Goveinment I tlattor myself I have acted for the lionor of a recommendation to Your Excellency from the Earl of Liverpool, as well as for that suhse(juently conferred upon me by llis Royal Highness, the Prince liegent, in appoint- ing me to seat in the Leyisiative Council. Beino; conscious of tlie disinterestedness and integrity of my intentions in entering as I did intr a correspondenco with Your Excellen(ty on your being appointed to relieve the late Governor in Chief, and nothing having been fur- ther from my intention than to obti'ude my services upon you, I can have no hesitation in acceding to your j)roposal, provided I have correctly understood it, and I shall now only beg Your Excellency will have the goodness to inform me in what manner it is your intention to carry it into execution. . I have the honor to be, Sir, Your Excellency's most obedient and Most humble servant, H. W. RYLAND. EXTRACT OF A LETTER FROM MR. RYLAND TO THE EARL SPENSER, K. G. Quebec, 10//t May, 1813. Thus, My Lord, have terminated what may be called my dii)lomatic functions under this Government. I have not, either directly or indirectly, heard a single reason assigned for Sir George Prevost's conduct towards me, beyond those which I have mentioned. I am ready, how- ever, to allow that from the whole tenor of my corres- pondence with him whilst I was in England, he must see that my sentiments with regard to the system of policy most advisable to be adopted in the administration of this Government are in direct opposition to his own, but I have never for a moment oti'ered to obtrude them upon \ ' .. .' ■•■i ! Ill i: L — R 304 m I' I « ti; !') , ■■' I' ■i I : .^! liim slii.'o my rotiirn. T ("iiinot. Jiowovor, iivoid ilocply larnirnlitiij: tli:it those iniMstirt-s which, thtriiii; ihc liist t<-a or twelve yt'.irs, hnvo boal oltjccts of tliiri luaiK'li of tlu! (Joloiiiiil c'()rros])on(lL'ii('c hIiouM l»e lost sijLjIit of, ])('!l)!ij)s for over. Jly tlui piesont (iovcrnor of this I'rovinco 1 know they are held in coTiteinitt, but hv his immediate jtredeccssors, (I^iout. (iovenior .Millies and Sir James Craii^,) tlu-y wtTo considered jis of the utmost im- j)orlance to tlm interests of the Crown, and to tho genorul welfare of this ('olony. It was not i>ossil»le to feel a lii<^d»er deo-ne of ^Tatifica- tion than that whi( h I expericMieeil when the t(r«!at man who hitely administered this (Jovernment determiiie(] on Bendiniv me to lOnirland for the jinrjtose of jtressiuLj tiieso matters more earnestly on tlie attention of His Majesty's Ministers. 1 llattored myself that 1 should be able to (con- vince them of the important advantajj^es to be deriveermanent basis iha Protes- tant Church Establishment in Lower Canada ; from tho erection and endowment of public schools, and laying a foundation for the advancement of learninijthrouixhout tho Province under the auspi(!esof the Executive Government; and, iinally, from providing elHcient checks to counteract a faction in the House of Af-sembly which has already made a rapid progress towards the destruction of tho constitution so liberally given to the Colony by the parent State. I flattered myself, My Lord, that I mijxlit have materi- ally assisted in bringing these important measures into execution. After much exertion, success at one moment seemed abont to crown my efforts. A despatch compre- hending the several objects was drafted (and shewn to mo) in the very terms that I myself had suggested ; but tho Secretary of State thought it necessary to submit this des- patch to the Lord Chancellor, and " the Lord Chancellor had doubts ;" and tliere the whole business has ever since re- mained, to the infinite detriment of His Majesty's interests 305 Triistiiicf tli;it tlie('r(»>vn may ."'j;;!!!! hji\o !li(.' ;i(i\,iiil.'iL''n of Your r.<>r(!8iii|>V Council?*, ;iii(l that an (ijkportiinity may vot occur tjf your iK-imj ( al!"ti u|»()n tor an opinion losjx'cl- inij \]\e system of )»olicy iijost |>r«)}>('r to lie adoptcl with n';X'H'«l to this ('(►h)ni;il (;ovt'rnmoiit, I Ivwv vcntiiicd to C^ivt' you these )>articu!ars ; at tlM^ sajue time, I he^,' h-nvo to ohservo liiat I iiave no intention ot' recomtMOii.lini; th(< •present as a favorahli! moment lor carryini; the measures 1 ftlhido to into execution, (,'ircumstanees are tioi oniv es- sontially ehantre.! hv the war, i)Ut the (Jover»imenl <>I' t'lis I'rovince is no lonn* t ailministered hy t!i.".t linn aiitj com- ))rolionsive min.l whidi wy His Majesty's iej)i('S( iii;iti\« liere, and that no tair occasion should he n<";!ecte I (»f takiii!^ advantai^e »)f circumstances whirjj may gradually jtrepare the way for their Una! ac-omiilislmient. I have the honor to he, k'., II. W. RYLAM). Correspondence re/'ifive to Mr. RijhtnVs (fiipointinf'iit lo the Leyialdth'e Conne'tl. SIR J. II. CRAIG TO THE EARL OF LIVERPOOL, etc., etc., «tc. Uri'ER Charlotte Stheet, lOth Decemher, 1811. Mv Lord, — Thoucjh perfectly aware tluit I liave no lonj/er any oflicial claim on Your Loi'dship's attention, yet am I not without some confidence that Y'our Lordship Avill, with your accustomed goodness, listen to and excuse the liherty I take of re(;ommending* that Mr. llyland may he advanced to a seat in the Legislative Council, in the Pro- vince of Lower Canada. It is scarcely necessary tliat I should ohserve to your Lordsliip, that there are very few indeed, who from their knowledge of the interior state of the Colony, its interests, 1^5 306 "ff, e m •>jii. .' ;-r^ and the peculiar circumstances attending^ its political situa- tion, are better calculated to fill tlie station with beneficial eft'ect to His Majesty's service. But I request that Your Lordship will allow me to add, that while such a mark of the approbation of His Royal Highness the Prince Regent to Mr. Ryland's long and raeritorious services could not be otherwise than highly gratifying to that gentleman, t should myself experience a share of personal interest on the occasion, as feeling that such a distinction conferred on one who was so confiden- tially employed by me, could iu)t fail in the tendency to impress the public mind in that country, with the idea that my own servi* es v/hile in the administration of the Government had not been received unfavopbly by His Royal Highness. I have the honor to be, Mv Lord, Your Lordship's most obedient humble servant, J. H. CRAIG. MR. PEEL TO SIR JAMES H. CRAIG, Ac, Ac, , &c., ti;c., &c* To all to whom these Presents shall comCy Grektino r Wlicreas by an Act of I*.'irHaniont inaJo and passed in the tbiirteftnth year of our reic^n, intilulcd, " An Act for raaking more ertectual provision for the (lovornment of the Province of Quebec, in North America," it is, anion^jrst ©ther things, dechired, "That onr siibj^'cts professing the " religion of the Churcli of Rome, of and in tlie said " Province of Quebec, may have, liold^ and enjoy the free " exercise of the religion of the Church of Rome, subject " to our supremacy, declared and established by an Act ■ " made in the tirst year of the reign of (^ueen Elizabeth " over all the dominions and countries which then did, " or thereafter should, belong to the Imperial C'ro-«Ti of " our realm." And wiiere.'ts, also, in and by the same Act it was fur- ther enacted, " That nothing therein contained should " extend or be construed to extend to prevent or hinder us, " our heirs auti successors, by our or their Letters Patent, *' under the great &<.»al of Great Bpitain, from creating, con- " stituting, and a)>pointing such Courts of criminal, civil; " and ecclesiastical jurisdiction within and for the said "Province ©i" Quebec, and a})po-inting, from time to time,, " the judges and ofiicers thereof, as we, our lieirs and suc- " cessors, shall thirds necessary and proper for the circum- " stances of the said Province." And whereas the doctrine ami discipline of the Church of Rome are professed and observeil by a very considera- ble part of our loving subjects in that part of our late Province o^' Quebec which now forms and constitutes our Province of Lower Canada, and the Clergy of the said Church havinof cure of souls in our stiid Province are numerous, so that it is necessary we should provide forth- with for the better government of the said Ckui'chj. and the Clergy thereof i*^,. \ CHURCH J Attorney {EjrriNO r ;>asBO(l in ri Act for imont of amoiiffst isino: tlie tlie said ' the free !, subject / an A(;t i'lizabeth hen did, Drown of Avas fiir- l should inder us, ! Patent^ mg, eon- lal, civil; the said to tiiue^ antl siic- I circum- 1 Church ^nsidera- our kite utes our the said iuce are deforth- j. and the m I'b.ereforc, (o this eiul »o, haviiijj; cfreat confidiMice irt the U'aniiiitj;, niorals, prolnty, arid ])riiil(!ncc of onr beloved A. 13., of , tfec, have coiir.titutcd, named and aj;j)ointed, and by these presents do constituto, nauic and .'q.jxjinj, him, the p;nd A. 13., to ha our Superintendent Ecelc.'eri'Rt'end«nt Ecclesiastical of th^e affaii-s of the Church of Rome in our «&id Province of Lower Canada, and his s'jccessors, full power and authority, fro-m tinre to tiin« duritij^ o-ar plea- iBure, to name alid substitute under his and tli^eir hands and se>als, by and with the consent and approbation oi the Governor, Lieutenant Governor, or j^rson administering the Government of the saiu Province for the tinie being, oae or more vicar or vicars fi^neral for the exercise a,nd performance of ^11 and singular the dnti^BS which by law may in that office be exercised in the said Province, and by and with the like consoJit and approbation aforesaid, to remove and change the said vicars general, or either •of tliem from time to time as shall be necessar/, but not otherwise. Moreover, we command, and by these presents for us, ■our heirs and successors, strictly enjoin aH and singular cures, vicaires, incumbents and others, our subjects in our said Province of Lower Canada, that they and every ef them be aiding and assisting to our Superintendent Eccle- sl'^^tical for the affaii's of the Church of iRonre in our said Province, and his successors, in the execution of the pre- mises in all things as becomes them ; and further, to the efid that the several matters aforesaid may be firmly holden and done, v,^e will and gi*ant to the aforesaid A. B., that he shall have our Letters Patent tinder our great seal 'of the United Kingdom of 'Greait Britain and Ireland duly toiade and sealed. In witness whereof vre have caused thesfe our Letters to toie made Patent. Witness ourself at — ■• I I I ! "ill ^i I 3\2 It 3 ^iH EXTBACT OF A LTTTTER FRO^.t MR. RVLAM'f), DATiW QUEBEC, 2Sth OCTOFiKHs tSl.'i, TO Mft. BRKNTON, SEC- RETARY TO SIR GEOROE FREVOBT, BARONET. " Since writing the above, Mr. Dmiinrjass has falle MONTREAL, 2nd NOVEMBER, 1813, IN ANS-WER TO THE FOREGOING. "As by thf s letter' respecting the aYho put it \ u i^ '/:if ; ■*' an i ' ■: J ! -• li irtio the hands o^ several pei-sons, hut without ttieVitioi'iirtg from whom he r<;ceived it, and it is very certain that the Memoire it&elf was communicated only to a very few select persons, the people at large knowing no more of it than they did of what was then passing in the moon. H. W. R. NoUs reijArdotts notre constitution actitell"e (iomme ceilo qui est la plus capable de faire notre bonheur, et notre plus grand desir serait d'en pouvoir jouir suivant Tintention d6 iSa MajeaU el de son Parlemeni ; mais, raalheureusement^ la maiiicre dont elle a 6t6 adroinistree, jusqu^ici, lui donne Un cfFet bien oppose a celte intention. Ce mauvais etiet est Une siiite de la maniere doht se soni formes les partis dans Cette province. Lorsque notre constitution iaous a ete donnee, lesanciens Bujets (denommes Anglais dans le pays, de quelques nations qu'ils soieni) etaient en possession des places du ffouverne- ftient. Si quelques Cianadiens y 6taient admis, cvetait sur le'ur recommandation, et ils etaient choisis dU uombre de ceux qui leur etaient devouesi Depuis la constitution, les choses oht continue sur le iii^me pied, les anciens sujets ont continue d'etre en pos>- session dea places, et sont devenus le parti du gouvernement^ le canal des recommahdutions est continu6 le merae, et il n*a ete admis dux places, comnle auparavant, que quelques Canadiens dont le devouement etait connu. Comme les Canadiens composent la masse du peuple, la taajorite de la Chambre d'A^emblee g'est trouv6e com- J)osee de Canadiens, et les Anglais, avec quelques Canadiens devoues, ont forme la minorite ; et comme les Canadiens de la majovite, librement elus par le peuple, ne s^ trouvaient pas avoir le devouement n6cessaire, ils n'ont pu avoir patt ttux places. Les membres qui ont ^t6 faits Conseillers Executifs ont 6te pris dans la minorite ; le parti du gou* verhement s'est trouve lie avec la minorite de la Chambre d'Assemblee, et la majorite, c'est-a-dire la Chambre d'Assemblee elle-meme, k laquelle est attach ee la masse du peuple, regardee comme un corps Stranger, a peine reconnu du gouvernero.ent et des autres branches de la legislature, a 6t6 laissee dans I'opposition comme destinee 4 6tre men6e par la fotce ; et effectivehlent les gens dil m 1 that the few select if it than W. R. nnie ce?lo notre plus entioii d6 eusementv lui donne )ht se soni es anciens les nations ffouverne- cvetait sur Lombre de u6 stir Id re en pos>" ernement^^ erae, et il e quelques peuple, la uv^e com- Canadiens Canadiens ttouvaient avoir paH ^"•onseillers i du gou* , Ghambre Chambre e la masse , a peine hes de la e destinee s gens dii )lArti Anglais, qui avalent manqUu de sucxJos dans les etlfdrU qu'ils avaient faits pour que la constitution lour fut donned a eux seuis, et (jUo les Canadiens n'y eussent auiniue part» se trouVerent, etant devenus le parti du g^ouvernument^ ftvec un nioyen d'eirtpecher les Canadiens d'en jouir autre* iiient qu'ils ne le voulaient eux-memes. A cliaque fcis que les Canadiens out voulu proposef quelque chose qui n'otait pas conforme aux idees de ce parti, ils se sont trduvc^i en opposition avcc le gouverne- ment, Gt ont 6te traites de iHauvaiN sujets et do gens opposes all gouverneinent. Le gouvernenicnt n^l aucune communication avoc la majorito de I'Assemblee que par Id nioyen des conseillers et gens en place de la minorite, qui, 6tant rivaux de la iilajorite, sont peii propres k la bieil represented. II est en leur pouvoir de faite telles ri3pr6sentations que bon leur senlble de ses tnesures, de ses sentimens et de ses intentions, et n'etant point de la majority, ils sont plutot comme des esi-IOns ertiploy6s par le gouverncraent pou!' epier cette niajorite, que coinme les meinbre« pat* Icsquels tin corps communique regulierement avecson gouverneinenti Les plans et projets du gouvernehient sont prepares par les conseillers de la minoi ite, avec les autres conseillers, sans la participation des raertlbres de la majoHte, et sont enauite apportes k ia Charabre pour otre passes par la majorito, et la majority n'a alors d'autre alternative que de les passer ou de se trouver en opposition avec la minorite, c'est-a-dire avec le gouverneraent, et d'etre traitee comme on tfaiterait des rebeiles au gouvernement. Le style des gens du gou* vernement, avec des talens le plus souvent assez m^diocres^ et n'ayant qu'un lustj-e et un miBrite qUi lelir est etrangerj peut facilement ^tre imagine. Les divisions de la Charabre d'Asserablee deviennent nationales ; les Anglais d'un c6t6 formant la minorite, a laquelle est lie le gouvernement, et les Canadiens de I'autre formant la ttlajorite, h laquelle est attachee la masse du peuple ; la chaleur de ces divisiotis nationales passe de la Chambre d'Assembloe dans le peuple^ tout le pays se trouve divise en doux partis ; le parti arlglais du gouvertienient d'un cote, et la masse du peuple do I'autre. Cette apparence des Canadiens Catholiques Frani^ais en opposition avec leur gouvernement, augments :* k •il \v. • i y'a f in ' , ' t ■ ; 1 1 • > ti ' . It V il :; h ' 1 N ■..' ■. ^ ■''* M J ' \ *! ^4 '-i 1 ! • ' r:'< 1 ^ Ij .: ■ '■> mi Conimiit'ii'.'inont conlre enx los pirjucjos do ],a prirtie Vul- g.'iirc dii i»arti an^l.-iis, qi:i li;s traiti! lio bonini foi du la iiianiiTu la plu« it-voltaiito pour un peuple qui se sent loyal; et aiiiai plus lea Catiadiijiia \{i\\\{i\\i jouir de lent' Coiislitviion, plus its (loniKiiit iilaliore au prc'tcxte sur IcMpiol le parti aiiLdais foiidi' son intc'rut comme parti, savoir, celui du piju do conliaiico qu'on doit, avoir dans los (Janadiens. Les gouverncurrt (jui no connaisscnt les Canaflien.s que par les guns du parti anglais qui soni dans les ernplois dit gouvernoinont, aont fra})i'6s de les voir corttinuellenicnt opposes au gouvernenient et aux Anglais, et ne peuvent s'ompucher do contra-.ler l^ientot les memos prejngef! qu'eux, qu'ils font sans do'ite tmsaor au gouvernement do la mere-patrie ; do ^^or(c que IVtiet naturel de I'exereice de la constitution par les Canadiens, est d'enflammer la division entre les Anglais ct eux, do les fairo regardor ici comirfo do mauvais sujets toujours o[>posc8 a leilr g(»uvernement ct aitx Anglais, et do donner line mtauvaise idco d'eux au gouvornement de Sa Majesto, en Angleterre. A chaque fois quo les Canadiens, cncouracjh par Vidie dii Icur cousiltution, ont essaye d'en joilii', lis ont 6te terrasses, conime opposscs au gouverneraent ; ils ont encore lo coeur brise des traitemens qu'ils ont eprouves sous Tad- ministration du gouvernour precedent. II lour semble6tr0 les joucts d'une coiitradictioii etrange, comme si d'un cote tine constitution lerr eut ete donnee, sans doute pour en jouir, et que de TaUtre il eut ete place un gouvernement expres pour les en empecher, ou au moins pour empechcr qu'ils ne puissent le faire, sans paraitre mauvais sujets. lis sont plus mal que s'ils eussent etc prives d'avoir part k la constitution, et qu'oUe eut ete donnee aux anciena sujets souls ; car ils ne seraient pas plus priVes d'en jouir^ et elle ne serait pas un moyen do les rondre odleux a la mere-pattie. II lour parait impossible que ^administration soit placce dans les mains d'un parti qui les regardo comme leurs rivaux, sans que reffet direct soit de les tenir continuel- lement, et comme expres, en opposition avec leur gouter- tiement. Go parti a interut deles fairo passer pour deloyaux; il a intoret de les gouverner de maniore a les faire paraitre tels ; de maniore meme a les rendry tels pour qu'ils Is paraissent. 317 rtie Viil- oi do Ifi 80 sent de leuf III' loqiiel »ir, celui (lien><. iena qlie plois (Jit I'llcnicnt pell vent pr(''JMge;i eiit de la ice do la division i coitiirfe ?ment ct I'eux au ar Vidk ont 6te it encore 3US Tad" nble 6tre 'un cote pour en irnement mpecher is sujets. ir part h anciens en joiiir, leux a la X placcei ine leurs ontinuel- gouter- eloyaux ; paraitre qu'ils le LV'fTet d'line tcllo administration qni ticnt continiicl.e- moiit 1(3 [xHiple en op|>()sition avcu sun gt;uvcint'nu'nL no pout (''tie (pio bifti inauvais. L'administration cilo iiitino no pent ilro propic a atl.v cher lo ]»ouplo au ^jfouvcnu'ineiit ; elio parait au C(Milrairo celle qui serait la plus pr(jprc si taire dii j)('U|»l{j V\ pins loyal un peujilo do inauvais snjots. Lcs niaxitncs sur losquok CO parti soutiont son intc'rC't corionqtcnt lcs idoos avantagouses (pio les (.anadions ont do lour constitution, et tendont a la lour fairo paraitre sous un jour sonihro et odioux. l)'apri''S COS maxinics, les intc'M'ots du Gouvornomont fifiraiont re2^ard(!s a (mmix du pays; los Canadions conuno nioins atlaclios aux intorots de la iiid-ro patrie, parce (pi'ils sunt plus attaclios a lour pays, et los ojens du parti auLflais connne los souls a (pii los intort'tH du Gouvorncniont do Sa Mjijcste ])uissont otre oonlios, parce ([u'ils ont nioins d'aliO.'tion pour le pays. (\'tto colonio s(;rait roujardce plutt')t conuju^ une proie qn'on a bosoin do tonir par force, (pie coniuio une dt^'pondance de I'enipire (pii lui est attaclioe par son propre bonheur, comnie les autres partis. Ce n'est pas I'intontion de la mere patrie que tout soit sacrifie dans lo pays, pour quo lcs jduccs soient donncos a un parti plutot ([ii'a un autre; ot ccpendant il so trouvo que tout a etc sacrili(j pour ((ue les places fussont donneos a ce parti. (Tost pour quo toutos ks 'places de conseillors fussent donneos a ce parti, (pi'aucun dos mombrcs de la niajorito de rassouiblco, ])as mfnne Torateur, n'a pu etre conseiller, ce qui est la cause de tout le dd'sordre <[ui parait dans I'exercice de notre constitution. iXos lois do proprieto sont toinbeos dans I'oubli, pour (|ue nous eussions sur le banc des juges de ce parti (jui les ignoraiont. II y a un juge en chef et deux juges puisnes pcnir juger les actions ^''for goods sold and dellvcrcd,^^ ot quelquos [lutres actions mercantiles, et il n'y a (ju'un jugo canadion pour toutes les lois qui assurent les proprietes dos sujots canadions do Sa Majeste. Nos ix^gles et nos formes do procoder sont tomboes dans I'oubli pour avoir sur lo banc des juges de ce parti (pii les ignoraient ; le defaut d' experience qui ne se doute iamais i: m f ^4ti j: I ' t m iitii ' f. ( -^ 1;*! !■ if In ^! { 318 dcs diflifultes, n. su^ere hux j»i,(?ph (jiii se trouvaiont Jans la Lt'jnrislature, (I'ancieii Coiif.eil Logi^^latif ) d'en croor do nouvt'llcjs pour n'uvoir pas la poiuo d'apprendre lea 'in- ciomios. Les nouvollos so sont trouv6oH imparfaitos, il a fallu en fairo do noiivollcH (micoio, qui se sont encore trouvces imj>aH'aites ; il a t';dlu cnfin ahandonner aiix cours de jus- tice lo pouvoir eu de con- 319 Les Canadiellos pres du (iouverneur, 6tant de ce parti, le (iouvcrneur n'a aucuii , inoyen do connaitre les ('anadiens (pie par eux. Si un (fouvernour a voulu etre juste el entendre les deux partis, il a ete oblii^o de le t'aire conimo a la derob^e par des nioyens irrejLjuliers, et n'a pu le f'aire sans avoir Pair do nef^'lijj^er les (^onseils qui lui otaient donnos par lea consoillers et offtciers du Oouvernenient, pour se conduire par des conseils obtenus ^-a et la des particuliers, et sana exciter par la, avoc quelque apparence de })lausibilit6, la jalousie et la haine des ])re!nier8 et de tout le parti. S'il est juste que les Oouverneurs connaissent les deux partis, et (ju'ils ne re(;oivent point les accusations contre les liabitans du pays, sans les entendre, il est juste que ces derniers aiont aussi un nioyen reffulier d'etre entendus par des consoillers et gens en place, pris d'eiitreux, et que eos conseillers ne soient pas nommes iPaprh lis recomiaanda- tions qui passcnt par le Canal ordinaire. La Chanibre d'Assemblee ott're un moyen d'en obtenir d'une maniere reguliere, sans que ce soit sur les recom- mendations de ceux du parti anglais. Si le Gouverneur avait le jiouvoir d'appeller au conseil les pi'incipaux mem- i bres de la majorite de la Chambre d'Assemblee, il aurait 1 par la un moyen d'entendro les deux partis, et de n'otre I point oblige de ne connaitre I'un que par les informations I regues de I'autre, il ne serait plus prive des connaissances / et des Conseils qu'il pourrait tiier des anciens habitans du pays, et necessito de n'ecouter que ceux qui viennent du parti oppose, qui n'est pas celui ou il y a le plus de con- naissances du pays, ni le plus d'interets confonnes a ceux du pays. Apres avoir entendu les deux partis, il serait en etat de decider sur les mesures qu'il a a pren(lre, et de transmettre des informations justes en Angleterre. ^-« I hi vi \m ^: sm i\.m m ^' I i' ;t ^Ikl ( ii i1 m ' ' ' \m I ,1 ^fi, i I i 320 11 ne serait pas oblige cle suivre les conseils donnas quand il ne los trouverait pas justes, il aiirait seulement I'avuiitage d'en protiter lorsiju ils le seraient. II ne serait pas expose a se trouver si souvent en oppo- sition avoc la Chanibre d'Asseniblee. II y aurait un lieu ou les deux partis pourraient s'enten- dre et se concilier sur leiirs plans et leur projets, et bien des oppositions inutiles qui ne viennent que de ce que les projets ont ete concertes separement, et de ce que I'amour propre de ceux qui les ont faits se trouve engage a les sou- tenir, seraient otces ; il n'y aurait plus de nioyen d'indis- poser le Gouvernenient, taut ici qu'en Angleterre, contre la masse du peuple du pays. Le peuple se lierait plus avec le Gouvernement. Le Gouvernenient qu'il ne regartlerait plus comme compose de gens qui sont reniplis de prejuges contre lui, et qui lui sont toujours opposes, lui inspirerait plus de confiance et do respect. II n'arriverait plus que des plans seraient appuyes par le Gouverneur ai)res que les debats en auraient fait appercevoir les erreurs d'uno maniere palpable, a la face de tout le public ; il n'arri- verait plus qu'on verrait les Gouverneurs s'appuyer de bonne foi sur des raisons donnees par la minorite dans I'assemblce, et dont tout le faible aurait ete montre dans les debats. L'amour propre blesse d'un conseilier de la minorite n'aurait plus d'interet de faire reparaitre appuye du Gouverneur, un principe ou une mesure dont Tabsurdi- te aurait ete publiquemcnt decouverte. La partialite des communi(;ations entre I'Assemblee et le Gouvernement par le moyen d'un conseilier attache a la minorite, dont I'amour propre est interesse a faire valoir le parti qu'il a pris, souvent au hazard, ou par esprit de rivalite sur une question imprevue, et a attenuer et doguiser la force des raisons employees contre lui, cesserait d'etre une source de mesintellio'ences entre le Gouvernement et la Chambro d'Asseniblee. La sensibilite des membres de I'Assemblee ne serait pas si souvent blessee par I'apparence de partia- lite du Gouvernement, pour un membre de la minorite contre toute I'Assemblee, et cette branche de la Legisla- ture ne serait pas rainenee si souvent au sentiment de sa propre degradation, en se voyant jugee et souvent injuriee ils donnas seulement t en oppo- iit s'enten- ts, et bien ce que les lie I'amour ! a les sou- Bn d'indis- •re, contre meiit. Le e compose re lui, et t plus de 5 que des apres que ears d'une ; il ii'arri- ppuyer de orite dans )ntre dans iller de la re appuyo , Tabsurdi- rtialite des vernement )rite, dont parti qu'il valite sur 3r la force une source I Chambro Vsseniblee de partia- i mi n orite a Legisla- lent de sa lit injuriee 321 sur le rapport intorespe d'un des raembres de la minority, et exposee a Tinsolence irritee d'un de ces membres soute- nu, par le Gouvernemeut dans les vains etibrts qu il t'aits contre elle. Et entin le moyen d'influence du Gouvcrnement sur la Chambre d'Assemblee, ne serait plus par des insinuations malignes, des injures et des menaces qui rebutent et qui jettent le feu de la discorde entre les deux partis dans I'Assemblee d'oii il passe au dehors. S'il etait possible qu'un nombre de places de consc'iUers ou d''autres places d horineur et de 2^foJit,fut occorde d cenx qui ont le j^l^fs dHnfluence sur la majorite de la Cha7nbre d^ Asse/nblee, quellcs depcndissent e'ntiercment de leur succes d *■'// maintenir^ et qii'ilfut certain et bien connu qu'il 7i^y aurait aucun autre moyen de les obtenir, il y a lieu de presumer que les deux partis se reuniraient bien vite dans la Chambre d'Assemblee, que cette division nati- onale si contraire au but du Gouvernemeut disparaitrait tant dans TAssemblee qu'au dehors, et que cette ap])arenGe honteuse d'opposition entre les Canadiens et lour Gouver- nemeut, qui fletrit le peuple du pays et le fait paraitre sous les couleurs odi* s si pen meritees, d'un pouple de Rebelles, cesserait de gutor une des plus belles dependances de I'Empire dans I'Amorique. Les idees que ceux du ])arti anglais s'efforcent d'entre- tenir, que les Canadiens sont moins propres a remplir des offices de confiance parcequ'ils sont troj) interesses pour leur Pa3^s, et qu'ils ont moins d'intoret et d'atfection pour la mere patrie, sont peu justes. Un Canadien est plus attache a son pays qu'a toute autre partie de I'Empire, comme un Ecossais est plus attache a I'Ecosse, comme un Anglais est plus attache a I'Angleterro, il n'en est pas pour cela moins caj)able d'occuper des offices de confiance dans son pays. L'honneur ou menie le ris(|ue de perdre sa place n'influera pas moins sur lui que sur un autre, en supposant le faux principe de la dilFerence entre les inte- rets de la mere patrie et ceux du pays. Un ancien sujet doit etre, il est vrai, plus attache k I'Empire ; mais aussi il a moins d'aversion pour le peuple et le Gouvernemeut des Etats-Unis, et si tout est mis en calcul, il en rosultcra qu'un Canadien est bcaucoup plus u h ■ Vi lU ^1 u. },.,■ ■■ ) IK t i a J ■ -11 1^1 1 1 t 322 fortement attache aux int^rfets de la mere-patrie, relative- mont a la conservation de ce pays. Les Canadieu8 incapables de se proteger eux-memes, n'ont point d'autres ressources que dans la protection de la mere patrie. Ce pays une fois perdu, ils n'ont plus de patrie oii ils puisseut tourner les yeux; un Anglais a encore sa patrie. Si les Canadas passent sous la domination des Etats- Unis, leur population sera submergee par celle des Etats- Unls, et ils doviendront nuls, sans aucune influence dans leur Gouvernement ; incapables de proteger leur religion, qui ne fera que les rendre odieux a toutes les autres scctea qui abondent dans les Etats-Unis, et qui, quoique tolerantes entr'elles, s'accordent toutes a detester la leur. Tous les peres de families attaches a leur religion ne peuvent penser qu'avec horreur a laisser en mourant leurs eufans sous une pareille domination. Tant que le pays demeurera sous I'enipire Britannique, ils n'ont pas les m6mes dangers a craindre, ils n'ont pas a apprehender qu'une population ennemie de leur religion, emigre des doraaines de la mere patrie; ils ont esperance que leur population sera toujours la plus considerable du pays, et qu'avec une constitution telle que leur a accordee la mere- patrie, ils auront le moyen de conserver leur religion, et tout ce qui leur est cher, pourvu que la mere-patrie veuille bien les laisser jouir de cette constitution sans qu'elle serve a les rendre odieux, et pourvii que I'encouragement donn6 a la population americaine dans ce pays par I'adminis- tration du parti anglais, cesse d'amener le mal qu'ils ont k craindre. Ceux du parti anglais sont opposes a leurs interfets, en ce qu'ayant beaucoup plus d'affinite avec les Am^ricains par leurs raoeurs, leur religion, leur langage, ils encouragent la population americaine, comrae un moyen de se debarrasser des Canadiens qu'ils regardent toujours comme une population 6trangere, comme une population fran^aise Catliolique, avec les m^raes prejuges que la classe du peuple, dans la mere-patrie, a contre les FranQais et les Catholiques, ils ne peuvent s'enipecher de se regarder comme dans un pays Stranger, dans une province ou la 323 m population canadienne (fraii^aise) domine; une colonie peuplee d'Americains leur parait plus une colonie anglaise, et ils ue s'y regarderaient pas autant comme dans un pays etranger. Ces etfets sont encore augmentcs par la circons- tance, que la plus grande partie, peuL-etre, des offieiers du Gouvernement est devenue personnellement intcressce k I'introduction de la population arn^ricaine dans ce pays, par les concessions des terres de la Couronne, qui leur ont ete accord^es, dans le voisinage des Etats-Unis; ainsi le parti anglais est oppose au parti canadien, justement sur le point qui touche a sa vie et a son existence conime peuple. La seule chose qui reste aux Canadiens dans lour situa- tion actuelle, est I'espoir qu'ils ont que la mere-patrie trouvera enfin que leurs interets concourent avec les siens pour la conservation du pays, que I'engloutissement de la population canadienne par la population americaine, sera Tengloutissement de la domination de la mere-patrie sur le pays, et que la perte de la vie politique des Canadiens, comme peuple naissant, sera aussi la perte de la vie poli- tique de tout le pays, comme colonie britannique. lis esperent que ces clioses seront apper^ues de la mere patrie, et qu'on y concevra une assez bonne opinion de leur interet, sinon de leur fidelite, pour les juger dignes de jouir de leur constitution, en commun avec les autres sujets de Sa Majeste sans aucune distinction, et s'ils n'ont pas ce bonheui ils se voyent par leur situation actuelle destines a devenir, aux yeux de la mere patrie, un peuple odieux et continuellement soupconn6s, en attendant qu'ils soient engloutis dans le gouffre qui les attend. Nous sup;;lions Votre Seigneurie d'etre persuadce que les sujets canadiens de Sa Majeste sont de vrais et fideles sujets : ils ont deja, sous les armes de Sa Majeste, conserve leur pays dans un temps oii les autres sujels de Sa MajevSte leur cederent en fidelite, ils sont encore actuellement sous les armes de Sa Majeste pour le defendre, si leur faihles efforts peuvent 6tre un temoignagesuflisantde leur fidelity, ils esperent que Son Altesse Royale voudra bien prendre leur situation en consideration, et leur accorder tel remed« qu'elle jugera convenable. m T«(; 'M 324 < I t REMARKS (BY C. J. M.*) ON" A PUBLIC DOCUMENT TiJAT ACCOMPANIED AN ADDRESS TO HIS ROYAL HIGHNESS THB PRINCE REGENT FROM THE ROMAN CATHOLIC INHABITANTS OF LOWER CANADA, FOR- WARDED IN NOVEMBER, 1814, Entitled, " Memoire an soiitien de la Requele des habitans du Bas-Oanada, a Son Altosse Royal le Prince Hegent."' " Hiimblement soumis a la consideration de Milord Batliurst, Ministre d'Etat pour les Colonies." It is thought that this interesting document was pro- duced by the combined eiforts of the leading Roman Catholic characters in the several Provincial Parliaments held from 1809 to 1814 inclusive. The sentiments expressed have been principally avowed by those leaders, and uniformly pursued in the House of Assembly. The document, though accompanying the address, was not, however, to the subscribers generally, nor can be considered as being correctly a substantial part of it. It would seem intended by this memoir to represent to His Majesty's Ministers the conflicts of parties in the colony, their rise, and the occasions that produced them, with their attendant pernicious consequences, and to point out the means of avoiding existing and growing evils. The document, when analysed, will present, under dif- ferent heads, features of no small interest, when it is con- sidered in respect to the sources from which they have proceeded, and the ends to which they are directed. 1st. The Roman Catholic Canadians are rightly said to constitute the great mass of the people of Lower Canada. It is asserted that their delegates to tlie House of Assem- bly represent the whole people. And it is argued that all the representations of their interests by those delegates — it would seem, by referring to passed proceedings in the Legislature — bee me the rights of the people. 2nd. To resist those riglits so represeyitcd, is " to do in- "justice to the Canadian people. It not only excites con- * Chief Justice Monk, it is presumed, the judges of that day taking au active interest in politics. I >OCUMENT :IS ROYAL IE ROMAN ADA, rOR- labitans du |ent.'' de Milord it was pro- ng Roman ^Parliaments illy avowed G House of .ddress, was lor can be , of it. epresent to ties in the need them, nd to point rr evils. under dif- 3n it is con- L thev have icted. itlv said to vev Canada, e of Assein- 3ns of their by referring )ec< me the " to do in- excitcs con- es of that day 325 *'flicts between the legislating powers of Government, but "manifests an injustice tliat will justify the discontent of "the people, declared and enforced by their ropresenta- *'tives." 3rd. Throughout this whole document there pervades a continued libel upon, and an accusation of injustice, in the exercise of the prerogative in this Colonial (Joverninent. The officers, the servants of the Crown, are held up as a. combined faction "of spies," struggling to support a Government adverse to the interest and rights of the peo- ple. And this is a: 'ued to be manifested by the Govern- ment not having appointed into the councils and offices of Government those leaders of the people intluencing the majority of the Canadians, and from v;hom intelligence and support can alone be attained to Ilis Majesty's Gov- ernment. 4th. Bv this memoire everv Roman Catholic Canadian character that has been promoted to the King's Council, or offices of liis Government, are held up as persons de- voted to support the adverse interests pursued by the Government minority against that of the Canadian peo- ple; and this minority is represented as English subjects, or rather Protestants, who are using constant devices to represent the Canadians as a disloyal people, — " a people and country rather considered as a prey, useful to be re- tained by force, than as a dependance of the Empire." 5th. The appointment of His Majesty's old subjects as judges is held up as an injustice to the new subjects, the Canadians. Tiiese judges are indirectly vilified as being persons unqualified ; and the proceedings of the Courts of Justice are represented as the result of ignorance, and un- certainty, and injustice. The errors of lay characters placed in those Courts some twenty to thirty years passed, are by allusions applied to the judges of the present day; and the Courts are falsely and grossly vilified. The pur- pose is plain : to degrade and weaken the main support of His Majesty's Government. 6th. It is stated that every Governor is shackled by those unfaithful servants, who are represented as a fi^c- tious minority, that ensnare or impel the Governor to fol- low their counsel, or to be by them unfavorably repre- w U i i'' .1 w 'y^t I rrl : ill St:! 326 sented in England as joining witli disiloyal Koman Catho- lics, the leaders of the Canadian people. 7th. Tiiat the only means of knowing tlie two parties, and to prevent the (rovenior's being ensna^'ed by the minority above stated, ^»ould be that of a power lodged with the Crovernor to select from the majority of tiie House of Assembly (the leaders,) and place in the P^xecutivo Coun(;il such characters of those who might convey a true knowledge of the interests of the country, in place of being restrained to the minority, "Anglais," who neither possess the knowledge, the contidence, nor the interest of the peo- ple and country. The piece concludes with calling to remembrance the loyalty of the Canadians in 1775, at a time that the king- lost his o'Jier colonies. That at ]>rosent they were under arms to defend the country, and their etlbrts would shew at least their zeal and lidelity, and a hope that His Royal Highness would take their situation into consideration, and grant them a suitable remedy. The main substance of this public document, proceeding from the mass of the Roman Catholic Canadian people. His Majesty's subjects, or by those entrusted to convey to His Majesty's Government the sentiments and feelings of thoso suojects, in respect to the Government of Lower Canada, may be reduced to a few prominent features that claim a serious consideration, and such order as may correct the errors and confusion (to say the least) that the opinions contained in that memoire, when fostered and pursued, cannot fail to produce. The whole scope of this memoire appears, and repeated exertions in the Assembly show that the leaders in that body consider the administration of His Majesty's Govern- ment, and the policy of its measures, to pertain to them of right. That the exercise of any powers by ITie prerOga- five that is repugnant to their sense of those rights, must insure oi:>position and discontent ; and that these will be generated by the Canadian people even into hatred ; ex- tended from the king's servants to the source of the power xercisinj2: such measures. V)7 1 Catho- pavties, by the r lodji^ed lie House Executive cy a true I of beiui^ er possess f the peo- rance tlie L the king ,ere luidev oiild shew His lioyal ration, and proceeding )eople, His vey to His jrs of those cr Canada, 1 1 at claim a covvect the le opinions d pursued, id repeated lers in that ly's Govern- to them of Ihe prerOga- '•ights, must lese will be hatred; ex- \i the power It betrays tlie uuist consummate imiorniice of the rio-hts of the Crown in the (iovornnicut of a Bi'itish colony. It assumes rights in the Legislative? power tlic most dai'.ger- ous to tnuiquil, constitutional, and good governmer.t. It exhibits libels the most dotractinn; to the Kino'''s admini«»- tration tluough all its various power;^, aud it avers false- hoods the most seditious that can promote tlie various ends contemplated, — that of transferring the Executive pt)wor and prerogative er to see and consider in tlie Legislative proceedings Avhat have been their opposition to the vai'ious measures pursued in the iVssembly by the leaders of that House, for enlarging the rights of the Canadian people. The foul aspersions against the King's servants for their supposed constant representations against the Canadian, or new subjects, as a disloyal people, must be referred to the jealousies o^ suspecting minds. It will be seen, only in the evidence of facts, how far such representations, if nuide, could have alTorded grounds of suspicion, that such representations had at any time been made against the zeal, fidelity and loyally of the Canadian subjects, and the Records of His Majesty's Courts of Justice will prove .\o inconsiderable source of evidence, as well as to form a just opinion in respect to the charac- ter of the neio as well as of the old subjects. f ::!! N if )l I f'- 1 . i' 1 ..>( ' w-^ 1 1 f.J w i 328 A BRIEF REVIEW OF THE POLITICAL STATE OF THE TROVINCE OF LOWER CAXADA DURING THE LAST SEVEN YEARS, JJY MR. RYLAND. MAY, 1814. The Assembly of Lower Canada, ever since the establish- ment of the i)resent constitution, has been endeavouring to acquire privileges beyond what was evidently intended by the Act of Parliament of the 31st of His Majesty to bo given to that body ; but the disorganizing tendency of these attempts did not excite the particular attention of the Provincial Government till towards the beginning of the year 1807, when a party was formed under the auspices of a few individuals of desperate fortunes, which soon obtained a preponderating intiuencc in the Assembly. Subscriptions were entered into for the establishment of a press, and a paper intituled " Le Canadien " was published weekly, in French, at a very lov/ pricO; and circulated (in many instances gratuitously) throughout the I'rovince. The chief object of this paper, though concealed under frequent professions of loyalty and devotion to His Majesty's person and Government, was to vilify and biing into contempt the King's Kepresentative ; to pursuade the mass of the people, that the Assembly was superior to, and independent of, the other branches of the Legislature, and to excite in the minds of the French Canadians the bitterest enmity against the Euylish part of the com- munity. With a view to try how iav they would be permitted to go, motions were frequently made, implying a right in the Assembly to superintend and control the Executive power, and more particularly to decide by their own resolves on the privileges to which the House might lay claim. The right of prohibiting, not only individuals, but certain classes of His Majesty's subjects from being elected Members of the Assembly, was attempted in the session of 1809, to be carried by a simple resolve of the House, and such was tlie nature Oi' the pioceedings on the occasion, that the Governor, with the unanimous advice of the Executive Council, dissolved the Provincial Parliament, and issued writs for a new Assembly. By the time of the general election, however, the influ- ence obtained by the democratic party, through the means !*->! OF THK E LAST (stablish- [ivouiing inteiKled sty to bo deiicy of cntion of lining- of i ausjnces licli soon ibly. >hniont of pnblisbed ulated (in l*rovince. led under i Majesty's jiing into 3 the mass »r to, and ature, and idians the the com- iimitted to gilt in the ive [>o\ver, resolves on aim. The tain classes embers of 809, to be ich was the that the Executive and issued ■, the influ- tbe means ' 329 of tiie p;:per above mentioned, became so powerful as to procure evci a more decided majoriiy in the House than it had beforo, and tlie unconstitutional proceedings of the Assembly being renewed with encreased violence, in the ensuing session, the Governor found it exjudient, after two Bills only had been passed, again to have recourse to a dissolution, in the spring of the year 1810. It is to be remarked that, in the same session of 1810, a resolve was pioposed and carried by the leading demo- cratic member, " That the House of Asscml)ly ougiit to vote, during that session, the necessary sums for delVaying the civil expenses of the Government of the Province." This was followetl up by separate addresses " to the King, to the Lords spiritual and temporal, and to iha commons of Great Britain ' in Parliament assembled,' declaring the intention of the Assembly to take vpon itself to pay the civil expenditure of the Provincial Government." The real motive for this measure was too obvious ^o escape the attention of the most superficial observer. Indeed the party did not hesitate to boast to their adherjits out of doors, that after having once obtained the rigiit of managing the civil expenditure, their intention was to reduce the salaries of the public officers to such a standard as they should think proper, by which means they evidently hoped to obtain an unlimited control over the Executive power. This situation of thitigs induced Sir James Craig to make a special representation to the Earl of Liverpool of the State of the Province, and to send home his Secretary (Mr. Ryland) with his despatches, "in order that he might be at hand to afford every explanation, and every infor- mation in his power, that His Majesty's Ministers might require concerning the several objects on which the Governor had written." Several important measures were at the same time suggested to the Secretary of State as being cal(;ulated to strengthen the Executive Government in the Province of Lower Canada, to aur/ment comiderahly the territorial revenue of the Crown, and to put an clfeetual check upon the disorganizing projects of the Assembly. Some of these would have required the interference of the Imperial If 1.^ \m m i?i M 330 /i p P^^:^ r'fe- wim '':m Farlinmont ; others, wliich wore also of groat moment, needed only tlie spiiction of His Majesty to bo carried into immediate etfect; l)Ut tiie distressinix event of His Maji'sty's indisposition, which occurred within a short time after Mr. Ryhmd's arrival in Kni;'land, was an insunnountahlo obstacle to the accomplishment of the measures projiosed. Under these discouraginc; circumstances. Sir James Crainr met the newly elected Assembly at the close of the year 1810. In the precedin2^ montli of ^larch, four persons, three of wliom were then Members of the Assembly, had been committed to prison in Quebec by virtue of an Executive Council warrant (under authority of the Act for the better preservation of His ISIajesty's (jfovernment,) they being changed on oath with having been guilty of treason- able practices. Two of those persons were again elected ; one of them, Mr. Bedard, was still under confinement, and it was not supposed that the Governor could obtain a renewal of the Act above mentioned. He liesitated not, however, to recommend its renewal in his speech at the opening of the session. The Assembly in their address manifested a reluctance to the measure ; but the Bill, being first passed in the Legislative Council, obtained the \mani- mous concurrence of the Assembly on the twelfth day of the session. An attempt was afterwards made to obtain the release of Mr. Bedard, and an address to the Governor on the subject was proposed and voted, and immediately passed over, the House proceeding to the orders of the day. From this period the most perfect unanimity prevailed between the several branches of the Provincial Legislature, and all attempts on the part of the Assembly to violate the privileges of the subject, or entrench on the prerogatives of the Crown, ceased. Such was the efl'ect produced by the firmness and capacity of the person who at that time administered the Government of Lower Canada! The demagogues who, during the space of three years, had convulsed the Province by their incendiary speeches and publications were heard of no more. Those persons whose attachment to the Government and the (constitution had been shaken by the false reasonings of the " Canadien" became sensible of their error ; and it may truly be said, 331 nomcnt, led into I;ij<'sty'a li'tor Mr. obstacle • James K! of tllO ell, four assembly, 110 of an a Act for Bnt,) tliey f treason- i elected ; nent, and obtain a tated not, ich at the lir addresH Bill, being lie nnfini- fth day of le release )r on the }ly passed day. r prevailed iGGjislature, violate the rcvoQ-atives oduced by that time ada! The yeavfi, hud leeches and sons whose itution had Canadien" ly be said, " 1 that at the moment when the ill-lioath of S^ir Jamps Craig conipi'llcd iiiin to rcliinjiii^Ii the (M)V<'nim(.'nt, and return to KiiL!;laiiil, th(! political Ntate and (lis|»(tsiii<)n of the Colony \\(\V} such as every loyal subject couM desire; ;ind in this state and <]i;>posItion was the Province fomul by his suc- cessor, Sir (jioorfjc^ rrcvost. Previous to his arrival in Canada Ihisofiu'cr h;i'd received the fuMest infonnation of all l!i<; steps that had been taken bv hi- pveilecessor, JMvl (»f rdl the measures that h;; procee(liiti:js of the Assembly, and for socnriii!;:^ to the Crown a e;reater degree of inlhicnco in the Province. P»ut, unhappily, there existed in the mind of Sir George, Provost a rooted prejudice aect. Within a few weeks after his arrival in Canada, Sir George Pnsvost took upon himself to recommend to Ilia Majesty''s Ministers the new modelling of the Executive Council. 15y the lloyal Instructions of 1791, the number of members (exclusive of the Lord Bishop of Quebec, who receives no salary,) is limited to nine, to whom three honorary membei's were added in the year 1794, on the recommendation of Lord Dorchester, to supply the places of those who reside in the District of Montreal. By the sam(^ Instructions it is oidered, that, in case of a vacancy, the Governor shall transmit, through the medium of the Secretary of State, "the n imcs and characters of such three ])ersons as he may esteem the best qualilied for ful- filling the trust of such Executive Councillor," — a proof that great ])recaution and deliberation are judged necessary in the choice of jiersor.s who are tlius called upon to advise the Crov/n \ On the present occasion, however, nc less than seven additionrd [Ksrsons were recommended for seats in the Executive Council, before the Governor had been long enough in the Province to acquire an accurate knowledge of tlic t^ilentsand cliaracterof any one of them ! i ,\i m Pv It "K ti:i2 f T. S5P — a measuro which naturally impressed the puMic with m belief that ho was (lotorrniacd to jmt down tho Coniicil which, niidcr the most trying circunh^tanccs, had supported his predecessor, and that lie hoped, l>y new Tnodollliiff the Board, to n-nder it snhservicnt to that line rf polities which ho hitnseJf had resolved to jtiirsne; and there is no doi !)t but this measure greatly eueotiniifcd tha party in tho Assomhly, which, under the prcccdin*^ administration, had disturbed the tranqudfity of the Province ; a more direct encouragement, however, was held out by the Governor's seizing with avidity the first occasion to prefer to places of trust and emolument those individuals who had been at the head of the party above mentioned. In the month of February, 1812, Sir George Prevost first met the Provincial Parliament. lie so f^r followed the footsteps of Sir James Craig on this occision as to recommend a renewal of the temporary Act for the better preservation of Ilis Majesty's Government ; but though the maligners of the latter were the avowed admirers of the new Governor, they manifested no disposition to acquiesce in the measure he had recommended, and the Bill, after being first passed in the Legislative Council, was finally lost in the Assembly by the introduction of amendments tending essentially to alter its nature and effect. In consequence of the declaration of war on the part of the American Government, an extraordinary session of the Provincial Legislature was held in the month of July, 1812, and a law was then passed, on grounds suggested by the Executive Council, authorising the issue of a certain quantity of Army Bills as a circulating medium to supply the want of specie, and making the same a legal tender. It will not appear surprising that the Assembly readily gave in to a measure which, by jiIacTng the public purse in a certain degree under their control, greatly facilitated the accomplishment of the projects so long contemplated by certain leaders in that House. In this session the Governor sent to both Houses a message declaring the authority vested in him by the King's Commission, under certain circumstances, to pro- claim Martial Law, and proposing to them to pass an Act to modify that power. Of this extraordinary message the n ic with M Council n|tporletl lllnrj the icswliich no tloi !)t V in tTio lion, liad )re projiosed. As soon as the Act to authorise the ciicuiation of Army Bills was passed, the Trovineial i'arliauieiit was prorogued; and a short time previous to the n<'xl meeting, at the dose of the year 1812, Mr. Bedanl, the gentleman befi)ro mentioned, whose publications under the preceding admin- istration had been jnesenled by the (irand Juries of Quebec and Montreal as seditious libels, was promoted by Sir George Prevost to a seat on the Hench, being appointed Provincial Judge lor the District of Three Kivers, and thus associated with the Chief Justice of the I'rovince, who, in his capacity of an Executive Councillor, had, in the year 1810, concurred in his commitment to the gaol of Quebec, on a charge of treasonable practices ! V more plain and palpable indication of the system upon which Sir George Prevost intended to conduct the Government could not be given, and it soon became evident that it was perl'ecily well understood by all those restless spirits who aimed at place and preferment through faction, turbulence and disorder. The Governor having, in his speech at the opening of this session, merely expressed his satisfaction at not having been under the necessity of having recourse to Martial Law, his message relative to that subject, in the preceding session, was now taken into consideration by the Assembly, and a string of violent and insulting resolutions, contu- meliously declaring that he possessed no authority to pro- claim Martial Law, was passed upon it. Every project for encreasing the privileges of the Assembly, at the expense of the other branches of the Legislature, was renewed. Occasion was taken to command the attendance of the officersof the Legislative Council at the bar of the Assembly, without leave being previously asked for the ]»urpose; and though this order was, in the firstinstance resisted, it was, upon a repetition, acquiesced in (and as was believed) through the private interference of the Governor himself, live mem- bers only (the Lord Bishop of Quebec being absent through indisposition) adhered to the preceding unanimous resolve 62 di :^M "4 ly )3 /.I m U IV 'M m ifc M i ' V I Oil tills subject, anil protested against this gross violation of the privileges of the House. Another measure of great importance, as connected with the s}.-.Lem of colonial politics, deserves to be particularly noticed. Prevu,.!8 to his arrival in Canada, Sir George Prevost had been fully informed of all that had taken place under the administration of the two preceding Governors^ relative to the assumption, on the part of the Crown, of the patronage of the Komisli Church. He knew that the late Komish Bishop, Monsieur Denaut, had, through Lieutenant Governor Milnes, transmitted a petition to the King, submiti'ig himself and his Clergy to His Mjijesty'fj pleasure; he Hiew that Sir James Crai.yf, ■vvhen' he sent home his Secr;3tary, particularly instructed him to presa this important matter upon the attention of His Majesty's Ministers, and that the Law officers of the Crown, to whom the question was referred, had unanimously reported their opinion that the right of presentation to Roman Catholic Church livings in Lower Canada is legally vested in Hif? Majesty. Sir George Prevost was moreover fully apprized of the character of Bishop ])enaut's successor ; and it was I Very certain that, by adding to the power which thiai I prelate already assumed, an income which might have I been made the price of his rejihquishing that power, a ' greater degree of influence in the Province woukT'Besecirred to him than His Majesty's Representaiive could ever hope to possess. There seems, howevei', to hav<^ jeen in the mind of the Governor one predominant desire, that of acquiring, by every species of concession, a certain share of personal popularity, without a prospect of any determinate or solid adv-antage arising therefrom, to His Majesty's interestss He recommended, therefore, that the allowance granted to Mr. Plessis, as Su]>erintendent of the liomish Church in the Canadas, should be raised from two liundred to one thou*^ sand pounds sterling a year, but it does not appear that he stipulated for the relinquishment of any one of that prelate's illegally assumed powers, in return for so liberal a boon ! On receiving from the Governor a communication of the Secretaiy of State'.s lettei-, authorising the above allowance^ itioti ot ed with icularly George d taken eceding ) of tho le knew through n to the ilajesty'fi he to press Vlajesty'f. to whom ted their Catholic :l in His apprized nd it was liich this rht have )ower, a Tsecui'ed ver hope d of the diiug, by personal e or solid intcrestsi rranted to reh in the one thou'- pear that of that so hberal tion of the illowance, ,. 355 Mr. l^lcssis availed himself of this opportunity lo cl&ini that, in tho warrant to be issue<:l lor the payment of it, the appellation of Superintendent of the Komisli Church " should be exchanged for tliat of Roman Catholic Bishop of Quebec" a title which the Provincial Government had hitherto steadily refused such a recognition of, but which the present Governor hesitated not to give^ in violation of the King's Instructions, and in direct opposition to His Majesty's Letters Patent establishing the See of Quebec. From, this period the machinery by which Sir George Prevost flattered himself he should be enabled to guide the helm of the Provincial Government mav be considered as complete. In compliance with his recommendation, aa '.mprecedented addition had been made both to the Legis- lative and Executive Councils, so tbat those bodies could no longer be said to be tho same that supported the measures of his predecessor. The persons whom the latter had removed from office, or punished as being promoters of sedition, were, with only one exception (Mr. Stuart,) 5'e-estaLlished or selected for places of trust and emolument, and to these chiefly did the Governor look for advice^ treating with marked neglect those servants of the Crown, who had Intherto been regarded as the principal support of the Provincial Government. In return for the solid favors conferred upon kim, the Romish Bishop bestirred hims«lf to procure a public address to be presented to the Governor, in the month of December, LS13, on his arrival at Quebec from Montreah The Provincial Parliament meeting soon afterwards, an- other address v/as obtained from the Assembly, in which they grossly censured the late, and applauded the present Oovernor of the Province, concluding, as the speech from •fh'i Throns led them to de^ by expressing an earnest wish that the period for His Excellency's return to Europe might be very remote. It will be proper now to review the proceedings of an Assembly, meeting, as tho majority conceived, under the most auspicious circumstances, and conducted by a party to which the Governor of the Province had ojxsnly attach- ed himself. Assured of such powerful support, this factioa proceeded, without los3 of time, to execute the long con* ' :M i j! 536 K '^ u if t>~ 1 u R a f^ ' ■ :■ i it 1 ".; m^ iw,. m t femplated sclieme of subverting the constitutio?i, nui^ tuingin^ into contempt all (he established authoriiies of the Colonial Government. It is known that, about this time, Mr. Hedard, tlie Judge, came to Quebec for the purpose of advising the measures to be pursued, but, not having a seal in the Assembly, the principal management was left to an Anglo American bar- lister named Smart, who had been a pupil of ihe present Chief Justice when he held the situation of Attorney Gene- ral. This gentleman obtained from Lieut. Governor Milnes the appointment of Solicitor General, from which he was dismissed by Sir James Craig, in consequence of his pursu-" ing a line of coinluct -which the Jaiter considered utterly inconsistent ^vii:h his duty as a servant of the Crown. The first measure of importance brought forward by the party \Vas "A Bill for disqualifying the Chief Justices^ and Justices of the Court of King's Bench, from btirig summoned to the Legislative Council, or sitting or voting therein." This Bill, as must have been foieseen, was thrown out by the Legislative Council without obtaining a second reading ; but it served a purpose the party liad ia Tiew, which was, to impress the mass of the people with a disiespectful idea of the Judges, preparatory to a grand attack upon the whole jidicature of ihe Province, which immediately followed. This paper would be extended to too great a length by entering^ minutely into the proceedings of the Assembly during tliis session. The Journals both of the Legit-lativo Council and of the Assembly are in the press, and, when published, they ^vill hardly fail to open the eyes of all men to ihe alarming situation in which the civil administration of Lower Canada is how placed. ^U On the 2nd February, a Bill of a most insidi'ous nature ■%as sent up to the Legislative Council, intituled, "An Act for the more effectual establishment of Schools for teaching of the first rudiments of education in the country parts of this Province." This Bill, had it passed into a law, would have completely set aside the very inipoitant Act of tho 41st of His Majesty, intituled, "An Act for the establish- ment of Free Schools, and the advancement of learning, &c." It would have transferred to elective corporate bodies, to >^. m flRcl was r Bdl he established in every parish throughout the Province, the . powers that are granted by the last mentioned Act to the Crown ; it would have enabled those corporations to hold property in mortmain to the value (collectively) of upwards of nine hundred thousand pounds, and have proved the most eft'ectual means for insurrection and revo-i lution, that the minds of its authors could have devised;! yet was the Governor hoard to express a desire that this] Bill might j)ass the Legislative Council ! On the lOtli of February, a Bill was sent up to the Legisla- tive Council, intituled, "An Act for appointing an Agent in the United Kingdom of Great Britain and Leland," and Mr. Bedard (the person before noticed as having been un- der confinement on a charge of treasonable practices,) was named in the Bill as such Agent, and a salary assigned to him of £2000 per annum. Early in the session a Committee had been appointed, " to consider if it were not fit and expedient humbly to \ddress His Royal Highness the Prince Regent on the state of the Province," and the liill for th-^ appointment of an Agent having been rejected by the Legislative Council, this address (in which were introduced expressions of great personal regard for the Governor) was now voted, together with one to His Excellency, praying that he would be pleased to transmit the Address to His Royal Highness by such messenger as he should see fit to appoint for the pur- pose, and to advance a sum not exce* ding one thousand pounds to defray the expense, &c., which the Assembly pledged itself to make good. To this Address the Gover- nor replied verbally " that he would accede to the request of the House by appointing a proper person or persons to present the said Address to His Royal Highness the Prince Regent." Thus encouraged the Asscrr.bly Voted a second Address to the Governor, praying that he " would order an advance not exceeding one thousand pounds, in addition to the sum already voted, provided he should appoint two persons to present the Address. To which ihe Governor replied, that he would accede to the request as soon as there was an appropriation for the service mentioned in the Address,'* and a message was afterwards sent by His Excellency to the Assembly to the same purport. i&^ i*'l I M m ■ f f^ i u'*. :i'':! • ! » • ? ;l " \m li- These proceedings having iu the meanwhile becil takeil into consideration by the Logishitive Council as encourag- ing an attempt on tlie part ot the Assembly to appoint an Agent for the Province, without the concurrence of the Council, several resolves were passed thereon concluding with the following viz : " Resolved, that this House views with equal astonish- ment and concern the acquiescence of His Excellency the Governor in Chief in the vote of the Assembly, which requests Jiim to ap))oint a messenger for the purpose above mentioned ; an acquiescence Avhich they cannot but consid- er to be an unequivocal abandonment of the Rights of this House, and a fatal dereliction of the first principles of the constitution." The appropviatiou of two thousand pounds was after-^ wards introduced into a Bill intituled " An Act further to continue for a limited time the levying the duties imposed by the Act of the 5 1st of His Majesty, and for other pur- poses," which Bill was amended in the Council by striking "out that appropriation, and so returned to the Assembly, TyVich refused to pass it as amended. L'j had long been a favorite project with the Assembly to interfere with the salaries, and to lower the consequence of ,h persons holding civil appointments under the Crown, and V~^,5^ a Bill was now, for the second time, brought forward for \ this purpose, by which Bill the salaries and allowances from Government were to be diminished in the following proportions, viz: £15 per cent, on £1500 and upwards, £>\.2 per cent, on £10U0 and upwards, £lO per cent an £500 and upwrirds, and £o per cent on £250 and up-* wards, per annum. To give this measure an air of plausibility the Bill was intituled " An Act to grant to His Majesty a duty on the income arising from civil ofiices, and on pensions to be applied to the defence of the Province in the present war with the United States of America." It is to be observed, that the permanent revenues of the Province are not adequate to the payment of the civil list, 'My ill' and that the deficiency is made good from the military chest> it may therefore be hciid, that by lowering the salaries of the oiiicers of Government so much less money would be \>.i been takeh s encourag- appoint ail !iice of the concluding il astonish" ollency the bly, Avliich •pose above but consid- Rights of rinciples of was after-^ , further to es imposed other pur- by striking Assembly-, issembly to lequence of ^h'own, and orward for allowances e following I upwards, er cent an and up- e Bill was Lity on the ons to be resent war lues of the 3 civil list, itary chest> salaries of would be 350 j'Cqiiil'ed ^rdm the exchequer of Great Britain ; but thin could not fairly be calle or . statf appointinents in the Militin, (as the major })art of the i framers of the Bill did,) and yet the pay and allowances of the field and stair otiicers of the Militia are even on a more advarttageous footing than those of the regular forces, and greatly exceed in value the generality of the appointments under the Civil Government. This Bill w-as of course rejected by the Legislative Council as it had been in the preceding session. Tlius frnstrated in various particulars the Assembly pro- ceeded with vigor to the accomplishment of their principal design, the crying down the several Courts of Jusiiee, and, finally, voting articles of impeachment against the Chief Justice of the Province and the Chief Justice of the Court of King's Bench for the District of Montreal. A violent and most libelous Address was voted to His lioyal Highness the Prince Piegent, accusing those Judges by name, of treason, perjury and o[tpre.ssion, and praying that they might be dismissed from their oflicos. Thia Address together with one to the Governor in Cliief, pray- ing that His Excellency would be pleased Immediately to suspend the said Chief Justices; also the resolves of the Assembly, in which the whulo of the Judges of the Court of Appeals, and Courts of King's Bench, eoUcctively (with the exception of Mr. Bedard) were criminated and charged with having exercised unconstitutional and illegal powers, were ordered to be published in a separate pamphlet, and copies vvere furnished for the Provincial newspapers, by which means a strong impression was made u})on all classes of people throughout the Province to the unspeak- able detriment of the Judges in the public opinion, and of the administration of Justice in the King's Court — yet had there not been any evidence before the Assembly, beyond il * « r :1m t';;ii» ■id* .' » 1 '1 r r^'-r J^ ♦ ■ If : ^ Ik a; •iii 340 wlmt was contained in the establiRhed rules of practice, nor had any complaint whatsoever been preferred by tho public against those rules or ugainst the Judges indivi- dually or collectively 1 It is deserving of notice, that, durinir the -whole of the session, seldom more than half the number of members of which the House is composed attended ; and amongst these, the most respectable, including the English mem- bers, finding themselves outnumbered, gave way to the torrent, and seldom spoke or voted. All men were aston- ished that no steps were taken by the King's Repre&enta-' live to check these revolutionary proceedings, more espe- cially as the principal movers of them were persons whom he himself had recently appointed to offices under ihe Crown. But it is noio suggested tliat it was necessary to give way to the Assembly, lest the Act to authorise the further issue of Army Bills should be lost ; an Act con- taining clauses unconstitutional and unprecedented, but in the formation of which it appears that (after all his sacri- fices) the Governor had not sutficient influence to guide and direct the House 1 These events may possibly lead His Majesty's Ministers to consider whether it would not be advisable to set aside the Provincial Statute by an Act of the Imperial Parliament, pledging the faith of Govern- ment as a security for the redemj)tion of such Army Bills as the Commander of the Forces may find it necessary to issue for the public service ; and there can be no doubt but such an Act would be far more satisfactory to the inhabi- tants of these Provinces, and far more advantageous to the interests of the Crown than that which has now been obtained at the risk of so much future mischief. It will be seen by the Governor's speech at the close of the session into how much difficulty and discredit he had brought himself. In the course of their proceed ngs both Houses had passed resolves severely animadverting on his conduct ; and he now availed himself of the opportunity publicly to reprimand both the Houses in his turn ! A few days after the prorogation, the Provincial Parlia- ment (having completed the term of four years) was dis- solved, and Writs were immediately issued for a general election. I 1 341 f practice, red by ibo ges iudivi- lole of the n embers of [1 amongst ;Iish mem- 'ay to the vera aston- lepresfenta" more espe- 5ons whom under the ;cessary to Lborise the 1 Act con- ited, but in 1 his sacri- B to guide ssibly load would not by an Act )t' Govern- Lrmy Bills cessary to doubt but he inhabi- ;ous to the now been le close of :lit he had :l ngs both ing on his pportuiiity •n! ial Pallia- ) was dis- a general I Thus has ended an Ass' mbly which was called together for the first time by Sir J. Craig, which in its first session, and under what were then represented as very irritating circumstances, was (after manifesting some syni])toms of dissatisfaction) induced to receive from the L<'gislative Council, and unanimously pass a Bill for the suspension of the Habeas Corpus Act, and which from that period to tlie end of their Session cordiallv concurred in every measure that could tend to ])romote the peace, happiness and pros- perity of the Province ! A few words will suflSce with respect to the future pros- pects of this Colony. Immediately after the prorogation the most respectable English members publicly declared their determination not to offer themselves as candidates at the ensuing general election. That election is now over, and the returns are precisely such as were expected under tho impression produced throughout the Province by the pro- ceedings of ihe late Assembly. From the time that the Assembly began its attacks on the Courts of Justice, the licentiousness of a press recently established at Montreal (from whence papers in the French and English languages are published weekly) has appeared to have no bounds ; every odium that can be imagined is attempted in these publications to be thrown on the memory of the late Governor in Chief, on the principal officers of Government, and on the Legislative Council ; and the poison thus dis tril/Uted is left to work its effect on the mass of the people without any check or interference on the part of the Crown : thus is the disorganizing party encouraged to proceed ; thus is it led to hope, that any future Governor may be deterred from exercising that vigor which the preservation of His Majesty's Government may require. The new Assembly will have in it all that was lad in the last, together with a great accession of the most violent, unprincipled and worthless characters in the Colony, scarcely a man of respectability would stand forward as a candidate at the late general election, and the British and commercial interests may now be considered as excluded from tho Assembly. Still however tliO country is not lost. It is not yet in a state of insurrection against His MajcstyVj Government, it may still bo preserved to the 1^^ ' IV;. r — n 343 Crown wi'.liout having ivcourso to the bayonet. But the remedy mnst be immediate. Should His lloyal Ilii^hnoss the Prince Uoi]jent bo pleased to entrust the-administration of lliis Government to u man of liigli rank, of known and established eharaeler for prudence, firmness, dignity and ability ; a man accus- tomed to Parliamentary business, not to be terriflt'd by the clamours of tlie ignorant, nor ap])alKHl by the projects of tlic vicious : such a man would readily lind means to con- vince the Assembly of its insignitieanco when disposed to do mischief; and, bv making; it manifest that all his mea- sures had for their object the public good, he could not fail of restoring to the Province a state of tranquillity and happiness. Quebec, 12th May, 1814. n. w. R. L! 'iiii 1 MR. RYLAND TO MR. AMIOT.* Beaufort, 10th Sept., 1817. My dear Sir, — ^Yoiir letters of the 5th and 7th July reached me yesterday, and -elieved my minrl from a consid- erable degree of anxiety, for I will acknowledge to you that I generally write in such haste, and give my opinions on political characters and events so freely and (yon will say) so decidedli/, that, unless 1 had reason to ])lace the most implicit confidence in your discretion, my corres- pondence might be turned infinitely to my disadvantage, particularly were the remarks it contains to find their way back to this country. There ?re, however, in this Province, many persons of the first 1 spectability, whose opinions relative to the sub- jects of which ray letters sometimes treat, perfectly accord with mine ; and in offering you my sentiments as 1 do from time to time, I can truly say that I am influenced by a * This geutlcman was sui official in the Colonial Office, and for many years lield as a sinecure the office of Provincial Secretary for Lower Canacia, w^hich he never ouee visitinl, the duties being performed by a locum tevena. He was finally pensioned off at x40C' a year, Avith the payment of which the Proviuce was saddled to the time of his decease. R. 0. 343 .IS . But th<3 Ic'irent bo LMnmeiit to character ii.'iii accns- fie'd bv tbo •J |)n^jects of ;ins to con- lisposed to ,11 liis iiiuii- could not uillity and :. w. K. tt, 181 '7. d 'Zth July n a consid- Ige to you ly opinions 1 (you will ))lace the my corres- sad vantage, d their way persons of to the sub- ctly accord IS I do from icnced by a ffice, and for ial Secretary duties being sioned off at ! was saddled R. C. sincere and iiprio-jit wish to see su(di mr-nsures adopted as would best ])romote the ]nd)!ic good. Thus nnndi respect- ing this sul>ject shall suflice for the ]irescnt. Sir John* is certainly about to make a grea^ and hazar- dous political spccuhition. ^Ty exp<'rienc<', and my kiiow- ledge of characters, in liiis colony, would never liave led mo to advise the measures lie is pursuing, and above all things I would have avoided augmenting the Executive Council beyond the number at whi(diit is establish.cd by the Royal instructi(Mis. Five really intelligent and U])right men there, with four of more moderate talents but well born and well disposed, are as many as can possibly be wanted ; but, from the choice which of late years has been made, every man in the colony be his birth, habits and connexions, (and I may add jmnciplea,) what they may, seems to have an equal chance of obtaining a situation which, in sound policy, ought to be reserved for the most intelligent and most respectable members of the community. With respect to the Legislative Council, it may bo argued, that as you have a mob in the Lower Ilouse you ought also to have one in the Upper to contend with them. Well, be it so. It is a trial, and amongst the new mem- bers there are several of respectable character and talents, who, it is to be hoped, will serve as a counterpoise to thoso of a difllerent description, though I fear the latter will be tlio most numerous. J. T.f siill avoids giving me a proposition in writing as he intimated he would, and I know not how to bring him into action. When one speaks to him of business he seems to be taken all aback, and does not appear to understand one, yet I think he is as well in health as he has been for some years past. He had your wan-ant, and of course must have remitted your salary some time since, and, I should hope, a good proportion of fees with it. I am sadly worried in my de|)ai''..iient as Clerk of the Executive Council, by the excessive and continued increase of public business, especially in that branch which relates to the audit of the public accounts. I could find constant * Sir John C. Slierbroeke, the Governor in Chief. f Taylor, who was Mr. Amiot's locum tcnens for several years. I WM 1./ 344 emploympnt for at loast three copyin|]f clerks, and I am allowed but one^ and for this only a salary of one Imndred pounds a year, so lliat I am oMigod to make a saciifice of my o^vn son to tliis cursed ()fliee, and to fag myself till I have no spirits left. Yet is there such an outcry about public expense that I scarcely see a chance of obtaining relief, though I ask for no additional allowance cither for my son or myself, but only that degree of assistance with regard to copying clerks, wiuch a due execution of the duties of my otiice renders indispensably necessary. You certaiidy acted wisely in not committing yourself so far as to ask for an augmentation of salary, but it is a very different thing to solicit additional assistance in an office where the public business is continually increasing. n. AY. RYLAND. DESPATCH FROM LORD BATHURST TO SIR JOHN C. SHERBROOKE, G. C. B., GOVERNOR IN CHIEF, RELA- TIVE TO THE IMPEACHMENT OF MR. JUSTICE FOU- CHER. Downing Street, bth July^ 181*7. SiK, — I have not failed to bring under consideration of the Prince Regent your despatches of the dates and num- bers specified in the margin, in which you communicate the proceedings of the House of Assembly against Louis C. Fouchcr, Esq., one of t'le Justices of the Court of King's Bench, the address -whic the Legislative Council had in consequence of his impeachment thought it necessary to submit to His Royal Highness, and the anxiety of Mr. Toucher, that the charges against him should be brought to an early decision. Li considering those communications His Royal High- ness has been most anxious to devise some mode of inves- tigating the conduct of Mr. Fouchcr. which, while it shall insure a correct adjudication of the charges brought against him, shall be as little burthensome as [iossible either to the party accused or to those by whom tlie accusation is pre- ferred. His Royal Highness acquiesces entirely in the sentiments expressed by the Legislative Council as to the inconvenience ( ;U6 ind I nm e liinidrctl aciifice of •solf till I U-ry alxnit ()\)tniiiiiig oitlicr for tauce \vith ion of lliG yourself so it is a very I an office ng. LAND. I JOHN C. EF, RELA- nCE FOU- y, 1817. deration of and num- mmunicate ainst Louis •t of King's ncil liad in lecessary to iety of Mr. be brought ^oyal Higli- le of iiives- liile it shall gilt against either to the ,tion is pre- e sentiments convenience of conducting such an investigation in this ^ nuilry, si ico such a nieasuie would in any case entail a heavy expeuso most unjust to the parties if it be to be defrayed l)y them, and most burthensi,me to the public if ultimately charged to the Colony. I am therefore to signify to you the pleasure of Ilis Royal Highness that in this, and in all similar cases of impoaclimont by the Legislative Assembly, the adjudica- tion of the charges preferred against the party accused shall bu left to the Leuislative Council. Under such an arran;itliurst, of tlio otli July, respectiiijj; the iiuiKiaclimciit of Mr. .lusiico Fouclior. First. — "Cjin or cannot, tl-c." Upon the first point \vc aro of opinion tliat, as the gene- ral (jucstion coi.tiinotl in this point mlinitsut least of con- 8id('ral)le donht, the safest course to be ])ursucil will be to authorise thu Leu'islative Council bv eoniniission to tako coi^nii/ance of the articles of charn'e ainl ini|)«'aclnneut pre[)itreil by the Assembly aicainst Mr. Justice Voucher. Second. — " If a c()niniission be necessary, edient to issue a sepa- rate commission for this particular case. Third. — " Must the commission, etc." U[)on the third point, having taken into consideration the clause contaiuv-d in Your Excel Icncv's connnission, to * which we have already alluded, we have the honor to give it as our opinion, that a comniission may legally issue under the great seal of the Province, for the i)ur[)Ose under consideration, and that such commission will be a due execution of the power vested in Y'our Excellency. We iiave the lionor to be, cl'C, &c. ANSWERS OF THE ATTORNEY AND SOLICITOR GEN- ERAL TO THE FOLLOWING QUERIES FROM THE EX- ECUTIVE COUNCIL. • First. — Has the Legislative Council the native and in- herent jurisdiction of the House of Lords, for the trial of impeachments by the Commons of Lower Canada? . 347 ,f tho otU ! Fouclier. i the ^ono- iist of con- will be to ()!i to take Ix'acliiiR'ut 'ouclier. ) submit to mtaiiH'tl in ear that a '' with the »co, to erect VL\liSlIALL, Solicitor (Jeneral. Quebec, 1st December, 1817. ANSWERS OF THE ADVOCATE GEXERAL TO THE QUESTIONS PROPOSED TO IILM BY A COMMITTEE OF THE HONORABLE THE EXECUTIVE COUNCIL. Question : Has the Legislative Council the native and inherent jurisdiction of the House of Lords, for the trial of impeachments by the Commons of Lowei' Canada? Answer : The right in the Legislative Council to try must be coeval with that of the llouse of Assembly to ini- peach : tiie one, it Avould aj>])ear to me, is a necessary consequence, and cannot exist without the other ; but, by the Constitutional Act (31 Geo. IIL, c. 31,) neither the one riii'ht nor the other is vested in those two branches. The right of impeachment, in the true and legal sense of the word, only exists in the Commons of the United King- dom, and not in the Colonial Assembly. Any complaint, therefore, on the part of the Assembly, of improper con- duct in any public officer, can only be by petition to the Throne, and the right to direct an investigation of the f » , 348 subject matters of the complaint will be in the Crown ; but no Court can be createu for the trial thereof, as such comnhiint cannot be deemed a letiblc, pourrait etre une cause suifisanto pour I'aneantir ? I*eut- on, dis-je, supposer que I'ignorance des mandatairos publics k I'egard des priN-ileges dont ils sont revetus pour proinou- voir le bonheur de Tctat, pourrait les aneantir? Non, ; f m m 352 sans (loiite, de semblables raisonnements r^pugnent trop k la raison et aux principes de notre constitution pour etre admis par quic;onque n'est pas sous I'influence funeste d'anciens prcjuges fortifies par Teinpire de I'habitude. Car aux yeux de quiconque qui a Tavantage de ne sentir d'autre inHuence que celle que I'amour de son payr lui inspire, la, reponse de Son Altesse Koyale le Prince Regent n'est qu'explication de I'acte constitutionnel, qui avait ete mal entendu jusqu'a ce moment la en cette province ; et de laquelle reponse^ selon mon humble opinion on ne pent tirer des consequences qui lui seraient diametralement opposes, sans justement cncourir le deplaisir de Son Altesse Roy ale le Prince Regent, pour avoir ose donner a sa re- ponse une interpretation forcee et dangereuse dans ses suites. P. D. DEBARTZCH. LETTERS AND DOCUMENTS RELATIVE TO THE IMPEA.CHMENT OF MR. JUSTICE FOUCHER. Quebec, I'dth November^ 1817. Sir, — ^The conversation wliicli Your Excellency allowed me the honor to have with you yesterday, respecting the mode in which it may be ^nost advisable to carry into execution, the instructions contained in Lord Bathurst's despatch of the 5th July last, strongly impels me, «■? a Member of the Legislative Council^ to submit to Your Excellency in writing the grounds on which the opinion I then took the liberty to offer on this subject are founded. An additional motive with me for so doing is, the opportunity which afterwards occurred of hearing the matter debated, and of reading with attention the despatch to which I refer. Previously to this opportunity I confess I had only a very imperfect recollection of the substance of that letter, having read it but once, and then very hastily, and I trust Your Excellency will not accuse me of presumption if I add, that, from the debate of yesterday and from a mature consideration of the despatch, I am more than ever confirmed in my opinion, that the advice given to you to convey a Judicial Power to the Legislative Council bv commission is founded in error. ignent trop a on pour etre ence funeste e 1' habitude. ! (le ne sentir son payr lui *rince Regent qui avait ete province; et 3n on ne peut imetralement e Son Altesse )nner a sa re- use dans ses ;artzch. : TO THE JCHER. ?r, 18 IT. ency allowed especting the :o carry into rd Bathurst's )els me, as a mit to Your h the opinion t are founded, doing is, the jearing the 1 the despatch nity I confess the substance id then very accuse me of s of yesterday jspatch, I am at the advice le Legislative I \ 353 The case appears to me to be simply this : the House of Assembly by dint of perseverance, and a gradual exercise of privilege during a period of six and twenty years, hath at length ac([uired for itself some of the most importar.t rights and privileges that attach to the House of Commons of the Imperial Parliament. At the head of these is the very important one of preferring articles of impeachment against such public officers of the Crown in this Colony as they may deem to be deserving of punishment or removal from office. To counterbalance this iiiHuential privilege, to preserve the Upper House of the I'rovincial Legislature from falling a p--^y to the Lower, and to secure to the servants of the Crown every constitutional protection, the Prince Regent, upon an address from the Legislative Council, has been pleased to dispense with the Royal prerogative in favor of that body, and to instruct Your Excellency through the Secretary of State, to inform both Houses of the Provincial Parliament, that in the case of Mr. Justice Foucher, " and i)i all similar cases of " impeachment by the Assembly the adjudication of the " charges j^referred against the party accused shall be left " to the Legislative Council ;" adding as a reason for this concession that " the party accused can sustain but little " injury from a temporary suspension, and if ultimately " pronounced guilty the advantage of an immediate suspen- " sion is unquestionable." The despatch of the Earl Bathurst on this subject con- cludes as follows : " you will therefore communicate to " the House of Assembly and to the Legislative Council " the decision of His Royal Highness, and his confident " expectation that they will each so discharge the import- " ant duties which will under this arrangement respectively " devolve upon them as to give complete satisfaction to all " classes of His Majesty's subjects in the Province." By this well considered and judicious despatch, as it now appears to me, I humbly conceive that no other power or privilege was intended to be conveyed to the Legislative Council than that of sittinof as the Grand Jurors of the Province, upon accusations brought by the Assembly against the public servants of the Crown, and that if the charges brought by the Lower House were considered by k i ¥M i m If " 354 I : I the Council as valid, His j\[ajesty would then exercise the Royal prerogative, either by suspending from office or dismissing from his servdce the party accused. This, Sir, appears to me the utmost that is contemplated in the despatch to Your Excellency, and I am firmly of opinion that a communication of the substance of that despatch by a solemn messarje to both Houses of the Pro- vincial Parliament would be the utmost that either House could reasonably require to enable them to proceed to a final adjudication, (or, at least, as far as the Crown intends they should proceed,) upon accusations preferred against individuals by the Assembly. I confess I was utterly astonished at the line of argu- ment adopted before Your Excellency yesterday for the purpose of forcing an anology between the Court of the Lord High Steward of England and that which, under authority of the above despatch, it is proposed to establish here. If I mistake not, the High Court of Parliament above mentioned takes cognizance only of crimes committed by Peers of the realm, upon indictments previously found in the inferior Courts. But whether this be so or not, I respectfully contend that Your Excellency is not empow- ered, either by your commission or instructions, or by the statutes of the 14th or 31st of the King, to constitute and establish any tribunal but for the trial of offences recognized as such by Statute or Common Law. If those of which Mr. Justice Foucher stands accused are of this description, the ordinary tribunals of the country are competent to take cognizance of, and to inflict punishment for them. I confess I cannot see the force of one particular argu- ment which has been used on this occasion, viz: "that, as the Legi-ilative Council cannot pretend to a prescriptive right, or to a right founded on inheritance, to sit as a High Court of Parliament, therefore the authority to sit as a Court of Inquiry (which in my humble opinion is the utmost that the despatch contemplates) must be conveyed by an instrument under the great seal." The King has reserved to himself the power of dismissing at his pleasure any provincial servant of the Crown, and 355 i; exercise the •in ofiice or ontemplated [im firmly of ince of that of the Pro- either House proceed to a rown intends jrred against line of argu- 'day for the IJourt of the diich, under i to establish ament above )mmitted by isly found in io or not, I not empow- tions, or by to constitute i of offences ,w. If those id are of this country are ^punishment icular argu- , viz: "that, I prescriptive to sit as a thority to sit pinion is the be conveyed of dismissing Crown, and the Prince Regent has now thought iit to declare that in certain cases where such servants are accused or impeached by the Assembly of this Province, he will not inriict punishment unless the Legislative Council are made parties to the accusation, and concur in adjudging the accused to l)e deserving of it. I could say much more on this subject, but I fear I have already trespassed too far on your patience, and a pressure of ofiicial business obliges me to write in the utmost haste. After what passed yesterday I should liave felt uneasy had I not thus candidly declared my sentiments, and especially after seeing the draft of the commission prepared by the Law Officers, which I have perused with much attention and with feelings which I dare not describe to Your Excellency. Sincerely respecting Your Excellency as I do, wishing all possible succes.s may attend your administration of this Government, and that you may stand equally high in the opinion of your Sovereign and of the public. I have the honor to be, Sir, Your Excectfully beg leave to offer them to your consideration. It is possible, if Your Excellency thought it so far deserving of attention, that a paper of the nature of the enclosed, might serve as a means to ascertain the sentimc: its of tho leading Members of both Houses, previous to the m :> k SB6 I ■ ( #' i > lu,.,. [; i. If \ (t: meeting" of the Legislature, and could a plan of proceeding be mutually agreed upon before hand, all serious difficulty would probably be obviated. I am deeply impressed with an idea that the next opening of the Provincial Parliament will be the com- mencement of a new era with respect to the system of this Colonial Governmejit, and that the longer or shorter contin' Jince ^ ' this Province as an appendage to the British in, (3 will, in a great degree, be determined by the eve., l > i;( ti •- ensuing session. Being .ioru'n-tely doomed to follow its destiny I confess I feel a moixi 'han ordinary interest in the measures that may be adopted, and I trust this will serve as an apology for the liberty I have repeatedly taken in troubling Your Excellency with my sentiments respecting our Colonial Politics. I have the honor to be, Sir, Your Excellency's most humble and Most obedient servant, HERMAN W. RYLAND. To Hia Excellency Sir J. C. Sherbrooke, G. C. B. Reasons why a commission under the great seal of the Province should not be issued for the purpose of era- powering the Legislative Council to take cognizance of the charges preferred by the Assembly against Mr. Justice Foucher, and to offer to His Majesty their opinion and advice thereon. 1st. Because at the time when the subject of impeach- ments was first agitated in the Provincial Parliament, and charges were preferred by the Assembly against the two Chief Justices, which induced the Legislati'.e Council to vote an address to His Royal Highness the Prince Regent respecting the same, no mention was made in the said address of a commission, and it does not appear that that such an instrument was then contemplated by the Council as necessary in order to its being invested by the Crown with the constitutional privilege of examining into and passing a judgment upon the charges so preferred by the Assembly. 357 ' proceeding us difficulty it the next le the com- 3 system of T or shorter lage to the :ermined by s destiny I he measures serve as an in troubling pecting our J and YLAND. seal of the :)ose of em- cognizance against Mr. ajesty their of impeach- Parliamenl, asfainst the tire Council the Prince made in the appear that ated by the invested by examining so preferred 2nd. Because, notwithfltanding a commission was moii- tioned in the subse<|Uont address of the Legislative Council to His Royal Highness the I'rinoe Regent on the impeach- ment preferred by the Assembly against Mr. Justice Foucher, no notice whatsoever is taken thereof in the answer of His Royal Highness to the said address. 3rd. Because it is an acknowledged fact that every servant of the Crown in this Colony holds his situation only during His Majesty's pleasure, and that a clause to this effect is, by the special command of His Majesty^ inserted in every patent or sealed appointment to office, from which it is evident that the Cro\vn reserve *,o itself the right of dismissing its servants upon such groi.n and upon such investigation as to the Royal mind v '^^a} ojem meet to establish. 4th. Because, by the despatch from the Se. et.'iry of State to the Governor in Chief, of the 5t- July, 1817, His Excellency is particularly instructed U a lorm both Houses of the Provincial Parliament, " that in the case of " Mr. Justice Foucher, and, in all similar cases of Impeach^ " m.ent by the Assembly the adjudication of the charges " preferred against the party accused shall be left to thd " Legislative Council, and the despatch evidently appears " to have been written under a persuasion that nothing " further was requisite than a formal annunciation of its " contents, to enable the two Houses, agreeably to the " customs and usages of Parliament, to enter with mutual " good understanding on the exercise of the constitutional " privileges thus respectively conceded to them." 5th. Because a commission of any kind would take from the Legislative Council its constitutional character^ and the very nature of a Parliamentary body seems to be destroyed by supposing it may be bound and compelled, by a commission (under the great seal) to adopt a course of proceeding contrary to its own judgment. 6th. Because there is every reason to believe that the good sense and loyalty of the House of Assembly would in- duce a ready acquiescence on their part in the " arrange- ment " adopted by His Royal Highness the Prince Regent, for enabling the Legislative Council to be made parties t2 '\4 m f? ; r ilt ; !l 111', ii:^ 368 1(1 Any acoilsatiniis proforrod hy tlio Asi^(!iiil)ly ngjilhst public, scirvants of tlio (-rowii in this I'roviiico. 7tli. IV^c.insd tluM'o exists no precedent for tlio ooinmis- sioii jtroposoil, ;m(l tlifl liiLfhcHt l.iw authority iiuiy Ixj produced to shew, "that all coinmissioiis of ii'?w iiiViMitiou riro ai;-aiiist law until they liavo allowanco by Act of Parliament." 8th. iJoeauso it y which the House ot Assond)ly can be called upon to aj)pcar before such Court, for the purpose of supporting the charges which as tho rei)rescntativos of tho C(>mmons of Lower Canada they may deem it to be their duty to prefer against Afr. Justico Fouchcr, or against any other public servant of the Crown in this Trovince. 9th. ]iccauso the adoption of any measure that woulu tend to throw dilliculty in tho way of a Parliamentary and conf!titutional investigation of the charges preferred by the Assembly against individual servants of tho Crowii in this Colony, might be interpreted into a desire to screen &uch servants from jmblic justice, and might interrupt that harmony and good Understanding between the several branches of the Provincial l\arliament which the interests of His INrajesty, and the welfare of his subjects in this part of his dominions, render it of the utmost importancG to preserve; SIR J. Ci SHERDROOKE TO MR. RYLAND. Monday morning^ 15 th December, 1817. My dear Sir, — -I was yesterday afternoon favoured with yours of that morning's date, conveying to me some reasons why in j'our opinion a commission under the great Seal of 1 M!i nl)ly rtg.'uhst 0. tlio romniis- rity in;iy bo "W invention by Act of sinrr's llnpre- Lo a tribun.'il tliiit firo not , or (If'cbircd , ami shonld cf to isHUo a »ii[)ose(l of {) (3 LCirinliitivii ust Jiny Ifuv, tin; ITouso of V, Huch Court, which a? tliG Canada tlicy pt Mr. Justice of the Crown re that woulu ^irliamentary •ges preferred of the Crown ssire to screen interrupt that the several the interests bjects in this st importance LAND. mber, 1817. favoured with ! some reasons e great Seal of 3i)0 this l^'ovlnco should not bo issued for the purpose of enij)o\v«'-riiiu^ the KoL,nsiative ('ouucil to a(lju'li<'.'ito on tho in»|»( achiiKMit preferred by the Jlecting the in)pcaehment and trial of Judge Foucher, at the close of tho hist session, can now obje(;t to a commission for that purpose. In this dilemma I slial' certainly use my best endea- vours to procure the clearest information this I'rovinco will allord upon the subject, and shall feel myself obliged to all those who will give me their opinions with the samo candour that you have done. 1 perfectly agree with you tluit the next opening of the Provincial Parliament will bring about a great change in the system of this Covernment, particularly with respect to its finance. But when we observe the pecuniary embarrass- ments with whi(;h the mother country is at present struggling, it is not surprisingthat the ministers should call upon the Colonies to contribute to their own support. Ever since the present constitution was giN^n to Lower Canada, it must be obvious to every one who has con- sidered the sultject, tliat tho House of Assembly has been gradually obtaining an encrease of power, whilst the J^egislative Council has remained in statu quo. By this mode of proceeding the proper balance has been lost^ and the only nmnner of restoring it appears to be by using every means to give ivelykt and wijiortance to the Upper House, and I am not aware that any measure could have been devised so likely to effect this desirable purpose as the declaration of the Prince Regent, that as often as tho House of Assembly shall impeach, the Legislative Council shall adjudicate upon tho case: but the latter body having declared by resolution of its own, that it had not the power ;li v^ \H ''J •".'In if J (i :,. I. ;!' u iH' Ml I J, III r' i \ 'ill 1 : 11. ! II' 1 ' '' :l|i f .. • . 860 to do so, I shou' t suppose tliat some more formal inslrtt- mcnt than a letter from the Socretary of State to tlio Governor will be required to invest the Legislative Council witii the necessary authority to n(!t. I have thought it right to say thna much in acknowledg- ing your communication, which I shall peruse again with attention as soon as my time %vill admit of it, and am, My dear Sir, Your very faithful and much obliged, J. C. SHERBHOOKE. MESSAGE. John Coai^e Sherbuooke, Goteunou. His Excellency the Governor in Chief informs the Legis- lative Council, that having transmitted their address to His Royal Highness the Prince Regent, of the third day of March last, with the proceedings of the Assembly against Louis Charles Fouf'her, Esq., otie of the Justices of the' Court of King's Bench for the District of Montreal, he ha» it in command from His Royal Highness the Prince Regent to signify to the Legislative Council the decisiort of His Royal Highness, that in this and in all similar cases of impeachment by the assembly, the adjudication of the charges preferred against the party accused shall be left to the Legislative Council. His Excellency has it also in command from His Royal Highness to express to the Legislative Council the confident expectation of His Royal Highness, that the Legislative Council will so discharge the important duties -which, under this arrangement, will devolve upon them, as to give complete satisfaction to all classes of His Majesty's sub- jects in this Province. His Excellency further informs the Legislative Council, that not having received from His Royal Highness the* Prince Regent any instructions as to the manner in which this decision as to be carried into execution he has been under the necessity of recurring to His Royal Highness for his pleasure in this respect, and for such instructions as His Royal Highness may see fit to give thereupon, and he will not fail to communicate to the Legislative Council IP 1 iL^ m itio coininnnds wliicli he slinll receive in tliin beJialf ("roni His Hoyal Iliij;lines5, as soon aftor as they plinll be conveyed to him aft may be practicable. Castle of St. Louis, Quebec, 2n(l March, 1818. COPY OF THE RESOLUTIONS OFFERED BY MR. RYLANt) TO THE LEGISLATIVE COUNCIL, IN CONSEQUENCE OF THE GOVERNOR IN CHIEF'S MESSAGE TO THAT HOUSE, OF THE 2nd iMARCH, 1818. Ist. That an luimble and dutiful address 1)0 presented to His Royal Highness the J'rince Recent, thanking His Royal Highness for the signilication of tlic Royal pleasure lipon the subject of the address of this House to His Royal Higliness, of the third ;reeably to the mode prescribed in that despntcli by the I'rince liegent ; and I can take upon me to say, that the resolutions ottered by me, in conse- quence of the Governor in Chief's message of tlie 2nd March last, would have been adopted by the great ma- jority of tlie Council, had not their opinions been stified or repressed by artful and solemn asseverations made in the House for the purpose of inducing a belief that the state of the Governor's health was such that a further agitation of the business might endanger his life I This is now candidly avowed by the members, in excuse of the line of conduct they then ado})ted ; and hence, my dear Sir, I am led to conclude, that if, upon a j?a/*^ea^ communication of the contents of the desj)atch, the senti- ments of the majority so nearly co-incided with those ex- pressed in the resolutions, a full communication of that admirable and well-judged letter, and of that onhj, must^ to a certainty, reconcile all ditierences, and obviate all the difficulties and di^-orders that might justly be apprehended from a communiciition of instructions so widely ditfering in substance as the last from those first received. Earnestly soliciting your serious consideration of tho project enclosed, I am, with sentiments of the highest esteem and regard, M/ dear Sir, Most sincerely yours, H, W. RYLAND. r m M 11 564 a t't ^ r.i -tji iff fir i t !'■ i' ii'' ( 31 Message fHom his grace the governor in cHiEt'i OF THE 8th FEBRUARY, 1819, AVITH THE DRAFT OF AN ADDRESS FROM IHE LEGISLATIVE COUNCIL, IN jiNSWER THERETO. Richmond, Lennox and Aubigny, Governor in CiiiEi. The Governor in Chief acquaints the Legislative Council that he has received the instructions of His Royal High- ness the Prince Regent, as to the manner in which His Royal Highness' commands respecting the jDroceedings of the Assembly againt Mr. Justice Foucher, which were communicated to the Legislative Council by message upon the second day of March last, are to be carried into execution. His I? jyai Highness the Prince Regent considers it most advisable, and has accordingly been pleased to direct that the Assembly, previous to any ulterior proceeding, do adduce without delay, and do deliver to His Grace the Governor in Chief, such documentary evidence as they may consider adequate to support the charges -which they have brought against Mr. Justice Foucher, and that copies of 6uch charges, of such documentary evidence, and of the examinations already taken und annexed to the charges, be then transmitted by His Grace the Governor in Chief to Mr. Justice Foucher for his answer and defence. And His Royal Highness has been further pleased to direct that the answer and defence of Mr. Justice Foucher be by His Grace the Governor in Chief communicated to the Assembly for their reply, and that the whole of the documents, as soon as the reply of the Assembly shall be received, shall be by him transmitted to His Royal High- ness the Prince Regent for such further course as the case may require. Castle of St. Lewis, Quebec, 8th February, 1819. We, His Majesty's dutiful and loyal subjects, the Legislative Council of Lower Canada, in Provincial Parliament assembled, having taken into our most 1% -i ! m ^■lte 365 IN CHifif i )RAFT OF UNCIL, IN Chief. Lve Council oyal High- which His )roceeding3 v^liich were ssage upon irried into iers it most direct that ;eeding, do Grace the IS they may 1 they have at copies of and of the charges, be n Chief to pleased to ce Foucher unicated to ole of the )ly shall be oyal High- as the case jjccts, the Provincial our most serious consideration Your Grace's message to this House, of the by which we are informed, (as in the preceding message.) Having, at the same time, had reference to the message of the late Governor in Chief, of the second day of March, 1818, in which the decision of His Royal Highness the Prince Regent, that in the case of Mr. Justice Foucher, " and in all similar cases of impeachment by the Assembly, " the adjudication of the charges preferred against the " party accused shall be left to the Legislative Council," was solemnly announced to both Houses of the Provincial Parliament ; this House, under communications so essen- tially dirtering in substance from each other, deevns it in- dispensably necessary to solicit from Your Grace more ample information with respect to the answer received by the late Governor in Chief, on the subject of the address of this House to His Royal Highness the Prince Regent, of the third day of March, 1817, and of the address of the Assembly to His Royal Highness, of the twenty-fifth day February of the same year, which, it appears by His Ex- cellency's message to that House, of the 2nd of March last, was accompanied by the proceedings of the Assembly against Mr. Justice Foucher. The Legislative Couricil feels it also to be a justice due to itself on the present occasion to state to Your Grace, that, at the time of receiving the late Governor in Chief's message of the date above mentioned, it was prevented from taking more upon itself than to return its humble thanks for the " decision " of His Royal Highness the Prince Regent, on the subject of its address of the 3rd !^Larch, 1817, by representations made in this House, that the state of His Excellency's health was such that a further ao-itation of the business at the moment mijxlit endanger his life. But this House relied with confidence on the communication contained in the message, that the ^'■arrange- ment " therein announced, with respect to the adjudica- tion, by the Legislative Council, of all charges of impeach- ment ])referred by the Assembly, was final, and such as both Houses of the Provincial Parliament could not but cordially acquiesce in with sentiments of the most pro- found gratitude to the Crown. 6m < ^*1 ^M '' M m *niticance and Y, ENCJ.OSINa [AN ESTATES- .ACE, 8 o'clock^ April, 1819. Ilaie and me, nt of entering ouncil, which ajesty to tlie St. Sulpician ike an opening ice to Govern- enclose to you icn the Under estates, at the mes Craig, also I have it in n which it will aiucndnieut wo when the sub- have staid in 367 I lio|)C you v.'ill liave time to read over the enclosed papers before you go to the Castle, and if you can make it convenient to see me I Avill wait on you at any moment you may appoint. If you consider the prodigious increase that will be made to the value of the St. Sulpician Estates by the completion of the Lachine Canal, you will feel as sensibly as I do of how much consequence it is that His Majesty's rights with regard to them should now be asserted and declared ; and I cannot doubt that the iJiotcst by opening the eyes of tho public to the utter Avant of title on the part of the Semi- nary will have the elfecit of compelling that body to throw itself upon the liberality of the Crown, and tl:as afford to Government the means of a financial arrangement that will eventually relieve it from all further necessity of looking to the Assembly for the supplies requiri^l to pay the civil list. I shall be ready at any time either verbally or in writing to offer my sentiments more fully to you on this very important subject. I am, (fee., II. W. RYLAND. DRAFT OF A LETTER TO THE REV. MR. ROUX, RES- PECTING THE CLAIMS OF THE SEMINARY AT MONTREAL. Civil Secretary's Office, Quebec, 1st June, ^S19. Sir, — Your memorial of the !May havin oeen re- ferred by the Governor in Chief to a Committee of the whole Council, I am commanded by Ilis Grace to enclose to you an extract of the Report made by the Committee thereon. Report on the Petition of the Seminary of Montreal^ dated 28th May, 1819. " The Committee are humbly of opinion that tho " question between the Seminary and Mr. Porteous is en- '' tirely a (juestion of civil right, cognizable in Ili'^ Majesty's " Courts of law, and consequently that the ap[ "cation to " Your Grace for the interference of His Majesty's Exe..'U- " tive Government is impropei', and cannot be attended to." i ;•": '!i*-l t,'. mmaa ! J^ I M' iiM;! >' ' ' ' , (> u s ; 'f 1 11 ijl ■■i'>: I 368 I am further directed by His Grace to inform you, that in consequence of your present application, and of other circumstances of recent occurrence, he lias been induced to inquire into the proceedings heretofore had by Ills Ma- jesty's Goveriiment with respect to the estates commonly called the Seminary Estates, in the District of Montreal, ■which, prior to the conquest of the Province, were held by the Society of St. Sulpicians at Paris, and the preten- sions of those members of that Society residing in Canada, to whom, in the year 17G4, after the cession of the Pro- vince to His Majesty by the treaty of peace of the year preceding, those estates Avere attempted to be conveyed by the community at Paris. In the investigation of these matters His Grace finds that, so far back as the year 1113, the then Advocate General. Sir James Marriot, in his Report to the King, of a code of laws for the Province of Quebec, enters at large into the subject of those estates, and decidedly expresses his opinion that, by the conquest of the Province, and tlie subsequent treaty of pea; \ the estates in question had devolved to the Crown. This opinion was subsequently confirmed by a Report of the Provincial Law officers of the Crown, upon a memorial which, the Ecclesiastics belonging to the Semin- ary at Montreal presented, in the year 1788, to Lord Dor- chester, and which was referred by His Lordship to a Committee of the whole Council, who desired to have the opinion of the then Attorney and Solicitor General, " in " ordor to enable them more justly to appreciate the " claims set up by those Ecclesiastics." in rhe Report made by the Law officers in consequence O! tiiis reference, they express themselves as follows : " That tJ.e Committee of the whole Council, from any " dociimer/, writing or deed before them, cannot hold an o]>inion thdt the memorialists have shewn any title or riaht to the estates which belono-ed to the Order and Sei: inary ef St. Sulpicians prior to the conquest, but " that tliose estates fell to His Majesty at the conquest of '* Canada, and that, by the laws of England, the possessors, " since the lapse to the Crown, have held those estates " and their revenues as trustees for His Majesty's use." t( u u ■ :i ',iiiiij'.i 'I '. rm you, that ind of other >een induced I by His Ma- ss commonly of Montreal, R, were held the preten- ig in Canada, I of the Pro- of the year be conveyed \ Grace finds en Advocate > the King, of nters at large dly expresses nnce, and the question had by a Report 3wn, upon a to the Semin- to Lord Dor- lordship to a to have the General, " in ppreciate the consequence as follows: il, from any nnot hold an any title or le Order and I'onquest, but le conquest of he possessors, those estates sty's use." 369 It further ap[>ears from the records of this oflico, that, so recently as the year 1811, the above Report, together with the documents on wiiich it was founded, and several others relating to the same subject, were, by command of tlio Karl of Liverpool, then one of Ilis ^[ajesty's ])rincipal Secretaries of State, referred to the Imperial Law officers of the Crown, and that a joint Report was in consequence made thereon to His Lordship by Sir Christopher Robin- son, the Advocate General, Sir Vicary Gibbs, the Attor- ney General, and Mr. Solicitor General Plumer, in which those officers express their opinion as follows : " Relative to the lands held by the Community of the " St. Sulpicians, we have considered the Reports communi- " cated to us, together with the papers, and concur in the " conclusion expressed in those Reports, that the St. Sulpi- " cians in Canada had not a valid title to the lands trans- ^'' f erred to them by the Community at Paris.^^ Under these circumstances His Grace the Governor in Chief directs me to inform you, that he should not feel himself justified in supporting the claims and pretensions set forth in your memorial of the May, but must leave you, if you judge proper, to pursue the course pointed out in the Report for bringing the matter in dispute between the gentlemen of the Seminary and Mr. Porteous to a leo-al issue. I am further to inform you, that it is the intention of His Grace the Governor in Chief, with a view of finally determining the important question respecting the rights and pretensions of the gentlemen belonging to the Semin- ary at Montreal, again to submit the matter to the con- sideration of His Majesty's Ministers, being sensible that connivance alone cannot convey corporate rights, or vest in those gentlemen a legal authority to hold lands in mortmain. Should it be your wish to transmit to the foot of the Throne any representation on this subject, His Grace will readily forward the same to the Secretary of State, for the pa "pose of its being submitted to the consideration of His Ko) al Highness the Prince Regent, I am, (fee, J. READY, Seeretarv. Kill II HE ■'*''! ,•^1 m iiHW" ■•^••^■l#f*- ''■ 1* I 11'" i 1*! 'ii: !■! ,11;: ,it^ f J^'- I :■' -rM 'ill .;(.», « 370 THE REV. MR. ROUX TO LIEUTENANT COLONEL READY, SECRETARY TO THE DUKE OF RICHMOND, GOVERNOR IN CHIEF. Montreal, 14 JuiUet, 1819. Monsieur, — Dans ma reponse a votro lettre du ler Jiiin, j'eus riioTiiieiir de vous demander la communication des raisons qui avaiont determine I'opinion des ofticiers de la Couronne contro los droits du Seminaire. Depuis cetto 6poque, en presence de Sa Grace, qui le repeta d'aprea vous, vous me dites quo le Mcmoire de ces messieurs, en 1789, renfermait toutes les raisons qu'on pouvait trouver dans les autres opinions, de manicre que tout doit se reduire a refuter I'opinion do 1789. T*our eclaii'cir co que nous en dirons, je joins ici un Memoirc unpriine, qui doit accompagnor les notes (pie j'ai I'honneur de vous envoyer, pour otre transmises au I^ord Secretaire d'Etat. J'observerai seulcment, qu'ayant vu un ouvrage intitule. Plan d'uu Code de Lois pour la province de Quebec, a Londres, 1774, que je crois celui de Sir Marriot, et que je citerai sous son nom, j'y ai remanjue bien des circonstances propre a affaiblir son opinion contre le Seminaire. En eftet quelle autorite donner a un auteur dont les principaux plans sur les lois et la reliixion du Canada furent rejettes par le Bill du Parlement Britannique en 1774, a un auteur emporte par la haine de iiotre religion, qui donne .son opinion contre un otablissement catlioli(|ue si impor- tant ? — a un auteur qui, malgre sa passion, hcsite encore a prononcer : " C^est une grande question si ces biensne sont pas tombes d Voire Majeste.^'' Le doute d'un ennemi sur nos droits en scrait presqu'une demonstration. Quelle autorite donner a un auteur qui parait tres pen connaitre le Seminaire de Montreal, quand il lui donne genereuse- ment £8000 sterlings de revenu, (il n'en. avait que £1500 en 1766, dans le Mcmoire presente par le Seminaire au Gouverneur Murray, et seulcment le double, c'est-a-dire £3000, en 1800, dans les comptcs approuves par Sir Milnes.) Quand il pretend que St. Sul})ice et ses depen- dances en Canada, etaient sous I'autorito de I'Archevcquo de Paris, quoique co prelat n'eiit qu'une autorite spiri- tuelle sur le Seminaire de Paris, et n'en eut aucune sur les autres maisons de St. Sulpice. Ces erreurs sur la nature iiijiiiiil!: 371 ' COLONEL RICHMOND, Uvt, 1819. ;ttre (111 ler umunication !S ofticiers do Depuis cetto ?peta d'aprea nessieurs, en iivait trouver oit sc rediiire CO que nous me, qui doit i^ous envover, , J'observerui e, Plan d'un ;, a Londres, que jo citerai circonstances minaire. En les principaux urent rejettea 1774, a un on, qui donne pie si impor- 6 site encore a s hlens ne sont in cnnemi sur ^tion. Quelle )eu connaitre ireiie reuse- lit que £1500 Soniinaire au c'est-a-dire mvcs par Sir et ses depen- rAi'clievcquo mtorito spiri- aucune sur lea sur la nature de St. Sulpice ct do ses biens on Canada, ot I'avou qu'il fit, le 3 Juin, 1774, en plcin rarlemont, de n'etro jamais alio en Canada, et do ne pas connaitre un soul Canadion, sont de nalure a decrier son opinion contro les proprietes do CO corps. Nous ne parlorons pas dos raisons do Sir Marriot, ])arco que nous les trouvons dans le Menioire de 1789, <[ui va nous occuper. Le Seminaire y donna occasion par un j\[6moire }ir6sent6, en 1788, au Gouvernour, pour conscrver la Seiyneurio du Lai;, contro les pretensions dos Sauvaijes, et la proprieto du u^relfe do Moiiii'''»al, contro la nomination d'un nouveau ^Tollior. 11 no s'at^ihriit ieurs donnent ensuite comme un principc! do la loi iVan^aise, (jiie les acquisitions des corps utaient absoliinient nulles, ct ils en font I'appli- cation a, la donation de liourcheniin, faite en 1735, au Seminaire do St. Sulpice, sans Icttres patentos. La rotjlo qu'ils donnent est generale pour tons les temps, memo avant la declaration do 1743, puisi^u'ils rappiiquent a un acto de 1735. 11 est pourtant Lien sur qu'avant les nouvelles ordonnances sur les mains-mortes, 1743, 1749, cos acquisitions etaient valides, et que les mains-mortes otaient seulemeut obliges a so vuider les mains dans I'an et jour apres la sommation. Telle est Tinstruction de ces messieurs sur les lois franf;aises, et c'est dans les malieres di droit qui sont precisement do lour conqoetonce, dans ui. pays sujet aux loix frau^-aises. Ces messieurs mettent en avant dans leur Memoire contio la cession de St. Sulpice au Seminaire de Montreal, la celebre declaration de 1743, qui annulle, disent-ils, et I'etablissemont des corps et leurs acquisitions, sans lettres patentes ; declaration, ajoute-ils, enregistree dans la Province. 11 est facbeux pour des ofliciers de la Couronne de citer la declaration de 1743 contre une cession qui est do 1764, dans un temps ou les lois fran^-aises n'etaient point rogues en Canada, oii la proclamation de 17G3 y avait mis en force les lois anglaises et I'equite. Si ces messieurs veulent absolument invoquer la declaration do 1743 contro I'etablissement du Seminaire de Montreal, au moins auraient-ils du en citer I'article 9, qui laisse les etablis sements existants auparavants, ji.squ'a ce quo lo Koi en eiit ordonne autrement ; et commo les Rois do France n'ordonnerent rien la-dessus, que le Seminaire do Montreal existait incontestablement bien avant 1743, (a mon Me- moire,) il suit que C3tte declaration memo prouvo I'etablis- 11: 1 M. ans ensovelie > /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 m !\ ;v ^\ o^ ^v <^ 374 J : n and la conquete est terminee par le traite de paix, les ])roprietaires qui se retirent ven- dent ce qu'ils possedaient dans le pays conquis. Done St. Sulpice a pu vendre ses biens du Canada, quand le traite de paix fut conclu. Mais on donne toujours un temps pour vendre, et on ne i)eut en assigner de plus raisonablo que celui de 18 mois du traite. Done St. Sulpice a pu alienor dans cet intervalle. La capitulation autorisait cette alienation. L'article 48 autorisait m&me les absents a jouir par procureur, et si le 37G ^ * >b I Canada restalt ii rAno-IotciTo, il autorisait toufcs jjersouucs (sans exception) a vendre, suremcnt dans les 18 mois marques dans le traito. Done St. Sulpice lo pouvait comnic tons les absents. D'autant plus que toutes les conimunautos etaient traitees comnic les individus, art. 34, 35. D'autant })liis que la coniiscation etant odieusc, doit L'tre restreinte autant (pie ])Ossil)le. D'autant plus que St. Sul})ice ctait present en Canada j)ar ses confreres, ses procureurs et co-proprietaires. D'autant plus que les franyais habitants, etant sujets, par I'art. 41 de la capitu- lation, ils etaient dans une circonstance moins favorable, (pour vendre et laisser, etc.,) et laisser le souverain qu'ils avaient reconnu, que ceux qui ne lui avaient jamais promis fidelite. Aussi ceux-la sont mentionnes clans le traite, parce qu'etant sujets ils avaient besoin de cette permission, et on ne parle pas des autres qui, n'etant pas sujets, n'avaient aucun besoin d'etre mentionnes. Done St. Sul- pice pouvait alicner. Qui ne sent d'ailleurs que la conquete, qui est le droit des gens, dans ces circonstances extraordinaircs, est au- dessus des lois d'administration commune, qui defendent ces alienations de ce cours ordinaire de la societe. Seconde difficulte. — Les corps ne peiivent etre dlvises de maniere qiCane portion transjJorte a V autre. Si les corps ne peuvent etre divises, St. Sulpice n'est qu'un corps encore, et ce corps possede comm'> auparavant par les maisons qui en sont capable, comme les ordres reliojieux possedent en Espagne, par les maisons d'Espagne ; en France, par les maisons de Fiance. D'autant plus que le corps n'a qu'une existence ideale, c|ue ses maisons seules ont une existence reelle, et qu'ainsi le corps existe et pos- sede par ses maisons. Les corps ne peuvent etre divises, c'est-a-dire se diviser eux-memes ? Cela est faux dans sa generalite, puisque I'abbo et religieux se divisent en partageant leurs biens communs. Et nous avons vu que la cession de St. Sulpice au Seminaire de Montreal etait un partage. Mais en supposant que les corps ne puissent se diviser eux-memes, ce n'est pas St. Sulpice qui a fait cette division, c'est la conquete. Comment done lui ferait-on porter la peine d'une division qui n'est pas son ouvrage ? Les corps peu- toutcs personncs lis les 18 moia .iice Ic pouvait que toutes les idividus, art. 34, int odieuse, doit aiit plus que St. s confrt'res, ses t plus que les 41 de la capitu- inoins favorable, souverain qu'ils it jamais promis dans le traite, ;ettc permission, :ant pas sujets. Done St. Sul- qui est le droit iinaires, est au- e, qui defendent societe. it etre divises de • t. Sulpice n'est nni'^ aupara^ant mme les ordres sons d'Espagne ; autant plus que s maisons seules s existe et pos- a-dire se diviser eralite, puisque ant leurs biens \\ de St. Sulpice tage. Mais en isor eux-memes, ivision, c'est la )orter la peine Les corps peu- 377 vent etre divises })ar la loi, ct former alors deux corps legaux. Or c'ost la loi (jui a diviso St. Sulpice, la loi des conquotes qui est le droit dos gons, la loi du traite do paix qui est rautoritc de deux ])uissanees, la loi des aliens^ qui, rendant une ])ortion du eorps etraiiger, a ojierc la separation. Done rieu de plus legal (jue cettc separation ; separation qui a lieu tres souvent dans toutes les (M)nquetcs qui diviscnt les etablissements des ))ays eouijuis d'avee les autres en des ctats etningers, dans les volontes des souve- rains qui defendent les eommunieations, avec le reste du corps situo dans d'autres royaumes, sans quo ces maisons soient detruites. Troisieme difficulte. — Da mains zinc portion da corps divise ne pourra transferer d V autre. Nous repondons, ces ])arties du eorps etant u d'uno foule d'ctablifl- senients ebranles nn envcloppes dans ra rnino, que I'on sonde si I'on pent la })rofon(leur do la j)laio qui sera faite a son coeur; que I'on eon^oive los justes alarnio? qu'il cprou- vera sm' lo resto de ses etablissements, qui lui parnitront tons tend res rapidcinent a lour fin, coninio ecux qui no seront plus. Qu'il no puisse former aucun ctablissenient liouvcau dd quGl(pi'ini])ortance, nialgro sa population et ses besoins croissant il le souffrc patiemmcnt, niais qu'on lui arrache ceux dont il a toujours joui, dont ses pores et ses aienx ont joui, que Ton porto Ics coups les plus tunestes a la rclii2^ion qu'il ninie et (pii le console, qu'il croyait garantio [)ar les traites ct la bonto de son roi. II ne m'appartiont pas d'cn prevoir les tristes suites; il ne ni'ap* partient que d'cssaycr de los prevoir, do donner a nion rcfi cette marque do mon attacliem(!nt, ct do rappeller ti son gouvernoment que les revenus du Scminairo n'accroitront guero les revenus do la Couronno britannique, mais que co sera pour ello uj>c pcrto irreparable d'avoir alieno lei5 coeurs, soulo vraic ricliesse des empires. On n'evitera pas ces inconvenieuts, en disant que ce^ biens a])partionncnt ;\ la Couronno. On no lo croira pas, le pouple surtout qui li'est frappe que parce qu'il voit. On tie le croira pas apres avoir toujours vu ces biens possedes par St. Sulpico, avant ot apres la conqudtOi On ne le croira pas apres avoir vu la Couroune recon- liaitre elle-ra6me dans le Seminaire les propriotcs que I'on reclame aujourd'hui pour elloi 3d5 On ii''6vitv2ra pas ccs incoiivcnionts en donnnnt iino jx'ti* sioii comme Sa (J race Ta pi'CiKJso. I'arcc qu'une pension toujours (lopcndaiito do tant d'cvoncnionta, ct facile a sup* primer; unc pension do nature fi dIi6 qu'ell*^ fut en romplaco* mcut de ces bions ; un-e pension que riionneur et la justice perniettent avec peine d'a<'('opter, la fondation confio a St» Sulpice, brdonnant que res biei'.s rtoraiont toujoura dans sea mains, et pour los Cana« liens et les Sauv^i^s ; uiro pension qui ote au Seniinaire s'C diMrrippct- ful to Hid (iruci! tiie Oovornor iu C'hiof. It is iimdo up of jcoriiig and bully iug from the hcginuiug to the ead. It treats His Mujot»ty'» Luw Bei'vaiitrt art botii fMoU un*l kiiuverf, for haviMg pointeil out to their Sovereign the important right?* which tlev<»lveu to him by the couquest of Canada. It manifests in the most palpable manner the inmost prejudices of the writer against the religion ol the state, and tlie King'a Supremacy as established by the constitutional laws of the empire. In short it sets the Crown at deliance, and, iu my humble opinion, the only ground for submitting such a paper to the Secretary of State i», that it affords convincing proof of the malignity and ingratitude of a certain class of individuals who, during tlic period of the French Revolution, Avere rescued by British generosity from destruction, and the utter impolicy of affording to alien l''roncb priests an oppctrtunity of instilling into the minds of the Ciinadiuns the most bigoted prejudices against the religion and authority of their Sovereign.— U. 23rd July, 1819. Mil. RYLAND TO LIEUT, COLONEL READY, ON THE SUBJECT OF MR. ROUX'S ANSWER TO HIS LETTER OF THE lar JUNE. Quebec, \st Aiir/ust, 1819. My DEAii Sill, — I take up my pen for tlie purpose of oftoring you some observations on Mr. Roux's long and laboured answer to your letter of the 1st Juno, and in so doing my mind is naturally carried back to that eventful period when this Ecclesiastic, together with several others of the same community, first sought refuge in a Biitish province from the guillotine and lamp-post of their blood- thirsty countrymen. I have, at this moment, a strong recollection of those letters from the Secretary of State, which recommended ^H. ' M ii u ¥ f! ri: t%i i 1 a 'Hi i*- *!!li, t> ■;! I ■ »■■(. 3S6 those humble and persecuted men to the protection of liis Majesty's Representative, and to the charity and benevoience of their bretliren, the !St. Suipicians of Montreal ; and I believe a more striking instance of suvcesufui recommenda- tion is not to be met with in the history of mankind ! A very few yeare sufficed to give to those wily emigrants an entire asondancy over those members of the Society to whom the St. Suipicians of Paris had made over the Semin- ary Estate?) after the peace of 1763 ; and the last of these individuals having paid the debt of nature, a considerable period has elapsed since this immensely valuable property has been in the uncontrolled possession of those emigrant who first so humbly implored the protection, and now so rlisdainfuUy dispute the rights ahd authority of the Crown. It is impossible to divest one self of these recollections, whilst reading such a letter as that I'rom Mr. Roux, in an* swer to yours of the 1st June, and to the subsequent veibai communication which liis Grace the Governor in Chief condescended to make to him, relative to the opinions oi' His Majesty's Lkiw servants. It is impossible not to con» trast the destitute, woebegone, supplicating refugee, with the bigoted and ])resumptuous Ecclesiastic, strong in the possession of estates of incalculable value, and of an in- duence the most dana-erous and extensive I Among the many palpable marks of virulence and pre* judice which are to be met with in Mr. Roux's letter, I cannot refrain from noticing one which, in a singular degree, shews his contempt for everything that is JinglisK I refer to his mode of applying the term of knighthood, when speaking of Sir .lames Mariott, Sir Robert Milnes and Sir George Prevost ; or does this gentleman wish to impose on you a belief that his retired habits, his religious avocations and monkish seclusion from the world, render him utterly ignorant of its usages ? I myself vcy Aveli remember the time when his mode of addressing persons of the above distinction was more correct. Really I know not whether a Tartuffe of this description deserves most our indignation or contempt ! But 1 proceed to matter Vvliich is more serious. It is evident from the whole tenor of Mr. Roux*s letter, tliat the body iu wkose name he addresses you is perfectly >rot6ction of His and benevolence lontreal ; and I ul recomraenda* •f mankind ! 3 wily emigrants jf the Society to over the Semi n- the last of these , a considerable iluable property those emigrantii n, and now so y of the Crown* 30 recollections, Ir. Roux, in an* bsequent veibai 'ernor in Chief the opinions oX ble not to con«> g refugee, with sti-ong in the and of an in* ilence and pred- ion x's letter, I in a sinonlar hat is EngUsK :)f knighthood, Robert Milnes leman wish to ;s, his religious world, render self ve'-y Aveli essing persons Really I know deserves most eed to matter Roux*s letter, ou is perfectly f56hsible of the advantage it derives from the lolig cohtiii* ued indulgence of the Crown, and he evidently intends to alarm you by an exaggerated representation oi iXn^'w polit- ical influence. lie hesitates not, therefore, to declare, that the peoi>le of tliis country, so far from being attached to His Majesty's person and Government, " n'obcit que \\vy devoir, et non par afcction" which, in plain English, is as much as to say that they would cut your throats if they dare. Yet, at the same time, ho talks of the wonderful alacrity with which, at a word from ^'St. Sulpicv,''^ thp. whole population of Montreal Hew to arms in defence of that Government for wh.ich he acknowlegcs they have no art'ection : and hence he would have you conclude that the preservation of the Province depends on your keeping Upon good terms with him and his brethren, or, at least, that a word from them would suffice to set the mass of the people in battle array against yoUi But Mr. Roux is too sagacious a man to venture, on this hypothesis alone, to rest tjjc pretensions ho now so arro- gantly brings forward. He is well aware that one regi* nient of the line, accompanied by a dozen artillery men, and one field piece, would produce greater effect on the ioyalty of the French Canadiens than the most touching discourse that ever fell from- the lips of a Roman Catholic priest. No, niy dear Sir; Mr^ Roux builds his pretensions on a much more solid foundation than the passions and prejii* dices of the populace; lie and his community have not been unobservant of the line of politics pursued by two successive Governors in Chief, with respect to the Romati Catholic establishment in this Province. Under this sys- tem (the adoption of which they attribute to thfe appre^ hensioiis rather than to the liberality of Government) they have seen an income of £1500 stg. a year annT?xed to the appointment of Romish Bishop, without the smallest con- cession of patronage or influence having been gained by the Crown ; and, what is of much greater consequence, they have seen the person holdincf this situation raised to il seat in the Legislative Council, from which the King himself has not the power to remove him. They are aware of the advantage they will derive from the presence of this personage in England, where he "«^ill possess the means of m !>""j m It^ iii:r ■^ >■ ;j r :! ■■*• i \ > ■ 'i5i'. f '',1" ■ ] ■ . m^ urda " and gardens for the Little Seminary of Montreal, unless with the " express consent, in writing, of the Ecclesiastics of the Seminary " of Montreal." The question being put, it was carried in the negative. Dissentient — Because we have no evidence of the legal existence of a corporate body called the Seminary of St. Sulpice of Montreal, pospessing the right of holding lands in mortmain. — Because the St. Sulpieians who remained in Canada after the conquest of the Province by His Majesty's arms, had not a valid Title to the Lands transferred to them by the community at Paris, it being indispensa- bly necessary that the party taking under such conveyance sthould hive a legal capacity to liold Ltiuds. and there appears no grounds for sayiuLj that the Members of the Society of St. Sulpioians re- maining in Canada had such a capacity separate and detached from the general body at Paris, (which has since been dissolved,) or that the requisite license from the Crown, which would have been re- quired under the French law, and was equally nece^ssary from Hia Britannic Majesty, has ever been granted to them. 'ft ■ u^ aili m- M ;A ill 390 The Royal prerogative must be exerted, for raising up a similar interest both in the Upper House of the Provincial Parliament, and in the Executive Council, which compre- hends the Court of Appeals, and, above all, Law officers must be found with a disposition, capacity, talents and firmness equal to the arduous and important duties that will be required of them. But you will naturally be anxious to determine what immediate steps it will be advisable to take under existing circumstances, for, although Ilis Grace were to remain entirely inactive, it is very certain that neither the gentle- men of the Seminary, nor the Nuncio who is now on his way to England, will continue so.* The inordinate ambi- tion of the one, and the zeal of bigotry of both these par- ties may assure you of this. An .tnswer must be returned to Mr. Roux, which, I am of opinion, should be as concise and guarded as possible. I am further of opinion, that the turn these matters have taken, and the great importance of the point at issue, will fully justify His Grace in recommending it to His Majesty's Because this is not a defect in form merely, but in sub'^tance, since it could not be but an object of material importance with the new So'-ereign to regulate in what manner, and to what descrip- tion of persons, lands should be transferred ir mortmain, and the necessary license from His Majesty not havir^^ been obtained, the title of those persons claiming the Estates in question under a Deed of conveyance from the community of St. Qulpicians at Paris, was originally defective, and cannot now be considered in Law as valid ; and there is, coii-equently, an evident impropriety in introducing into the present Bill a Proviso which stipulates a reservation in favour of a body which does not legally exist, and which regards that body as being legally possessed of Estates of immense magni- tude and value, which of right belong to the Crown. Lastly, because existing circumstances render it of the highest importance, to public as well as to individual interests, that the right and pretensions of the parties alluded to in the Cliiuse which it was proposed to amend should be finally determined, and this can only be done by recourse being had to His Majesty, from whose authority alone any 1 gal title to the property in question can be derived. (Signed,) JOHN HALE. HERMAN W. RYLAND. * Bishop Plessis, who in that year, (1819,) visited England, and thence France and Italy. R. (J. )r raising up a the Provincial vhich conipre- I, Law officers ', talents and It duties that iterniine wliat under existinnf re to remain er tlie gentle- 3 now on his )rdinate ambi- oth these par- , which, I am I as possible. ! matters have i at issue, will His Majesty's it in substance, rtance with the what descrip- ;main, and the obtaiuetJ, the n under a Deed Jit Paris, was Law as valid ; in introducinir reservation in which regards ameuse magui- of the liighest rests, that the Clause which ined, and this ty, from wliose lest ion can be RYLAND. England, and R. U. 391 Ministers in the most solemn manner, to issue a commission under the great seal (/ would say of Enyland,) for the purpose of authorising three or more persons to visit the soi-disant Corporation of St. Sulpi(;ians at Montreal, to examine, with the assistance of His Majesty's Law ofliccrs, into all matters and things appertaining to them as a public body, and to report thereon for the information of His Majesty's Government. By a measure of this nature (which I conceive it is per- fectly within the Royal prerogative to adopt, with regard to a community claiming corporate rights, and professing a religion difl'erent from that of the state,) correct information might be obtained of every particular that could serve to guide the final determination of the Crown, respecting this important subject. I am, my dear Sir, Ever most sincerely yoiu-s, H. W. RYLAND. P. S. It may be proper on this occasion to apprize you, that in the year IVOO, the year after the Provincial Law officers of the Crown had made their Report to the Execu- tive Council on the claims and pretensions of the Seminary at Montreal,, this body presented a memorial to the then Governor in Chief, Lord Dorchester, praying leave to erect and endow a college at Montreal, which they ])roposed to call Clarence College^ in honor of His Royal Highness the Duke of Clarence, who had recently paid a visit to the Province. They further proposed that His Majesty should erect certain of their members into a body corporate, in order that they might be legally invested with the management of the said college, and that a visitor might be appointed to superintend the ?>ame, on the part of the Crown. Thus far I learn from the minutes of the Executive Council to whom the CJovernor in Chief was jtleased to refer the memorial. The C< uncil recommended " that tin. overture should be laid at His Majesty's feet, for such course as His ]»oyal (h-ace and Wisdom should a])prove and connnand ;" but I have no knowledo-e of anv subse- quent proceedings on the subject. This only I know, that id m 392 1 1 'ft • 1 ) some years afterwards, -when tlie French emigrant priests had gained an ascendency, and taken tlie managenient of the St. Snlpician Estates into their own liands, a college was erected at the expense of many thousand pounds, and as far as my information goes, without any shadow of authority from the Crown. In short, Sir, it may truly be said, that such a degree of independence on all Royal authority exists in this Province as is not to be met with in any other part of the habitable globe where the kingly power is known. II. W. R. |; ft-' MEMORANDUM RELATIVE TO THE PROVINCIAL REVENUES OF THE CROWN IN LOWER CANADA. A despatch from the Duke of Portland (then Secretary of State,) dated 19th April, 1799, directs that the deficien- cies of the Provincial Revenues of Lower Canada shall be made good by drafts on the Military chest, and, in con- sequence of this order, warrants were issued at stated periods by the Commander of the Forces upon the deputed Paymaster General, to pay into the hands of the Receiver General the sums required to make good those deficiencies. This system continued to be acted upon till the unap- propriated monies in the hands of the Receiver General, arising from temporary duties imposed by Acts of the Provincial Parliament amounted to so large a sum that it was judged more advisable to borrow from this, than to take what was wanted out of the Military chest at a time when the Military expenses for the defence of the Province were excessive, and the rate of exchange was considerably against Government. There can be little difficulty in ascertaining the aggre- gate amount of monies thus borrowed from the unappro- priated funds, which still may be considered as being at the disposal of the Legislature. The balance of monies due bcinjj ascertained, in case of a refusal on the part of the Provincial Parliament to sanction the past and future appropriation of such monies to the payment of the expenses of the Civil Government ; and in case of Acts being assented to by His Majesty, for 1^ 393 emigrant prirsts iiijuiagciiient of luaiuls, ji college and pounds, and any shadow of sucli a degree of in this Province of the habitable II. W. R. PROVINCIAL :R CANADA. , (then Secretary hat the deficien- Canada shall be it, and, in con- ssued at stated pon the deputed of the Receiver ose deficiencies, n till the unap- iceiver General, by Acts of the e a sum that it n THIS, than to cjhest at a time )f the Province Eis considerably ling the aggre- the unappro- 'ed as beino- at ned, in case of Parliament to f such monies Government ; is Majesty, for appropriating those monies to other jnirposcs (such as the opening of roads, the building of hospitals, the support of nunneries, or the like,) it will then become necessary for Government to determine in what way the sums borrowed shall be replaced in the chest of the Receiver General. Whether under authority of thedes})atch above mentioned thev shall be drawn from the Military chest, or whether a call shall be made on the Imperial Parliament itself, to provide for making them good. It is, however, of conse([uence to observe, that these monies cannot be called for but with the assent of the Legislative Council as well as that of llis Majesty, in concurrence with the Assembly; and till the whole of the unappropriated monies in the hands of the Receiver Gen.M-al shall be disposal of, or required for the public service, there will be no absolute necessity for drawing upon the Military chest, and even then the supply may bo regulated by the actual wants of the Civil (Government, and in proportion an acta of appropria tion shall be assented to hij the Crown. By this means the funds of the Military cliest would not he unnecessarily diminished, and the Pro- vincial debt migiit be p. id by degrees without any sudden Oi' essential detriment to the Military service. II. W. RYLAND. 22nd January, 1821. P. S. — Whenever an account of the unappropriated monies shall be laid before the Legislature, as above sug- gested, it may be advisable at the same time to transmit to both Houses a statement of the sums paid ' '■ J.I i li 11 i ii:, 396 fillips, socure an Enijlisli influeiico in the House of Assembly. I'ertV'ct the constitution by crentiniC an heroj) clearly on his part to anco of jUloOO jutors, secure a ileqiiato to the lin to a farthing in the Receiver dequate salary, shillino- of the ini in future in ese objects, as ;oo(l sense and ^ty's Represent- ;'et the better of this Provincial TO MR. VAL- HE HOUSE OF '^mher, 1823. e dislike with interference by nication. even 3 House during lisfortune that • I feel it the dst, and almost 1 to you. The )ject, and the ion induce me I the way ; the and impartial conduct in the Chair of that House assures mc tlial your object and mine are equally the public good ; and again on the other hand, I am convinced that tiro House itself would in one voice actjuit you of hoidin*- any con- versation or communication with me, which might not bo proclaimed at noon day. Under this impression, I ask your perusal of the enclosed paper, containing my private sentiments upon the great subject which must occupy the attention of rarliainent in this Session ; although it is a private paper, you are at liberty to mak<3 any use of it you please, which may tend to smooth the path of public tttiiiirs. I shall not make a secret of it on my part to others who stand high in my esteem as public men. I think it also my duty to acquaiiit you in confidence, that it is my determination to decline all other matters of public interest, until the course and means of finance are cleared up. It is impossible that I can carry on the Government under the temporary loans from tlw Military chest, or resources expected, wh ;h may not reach me when required. It is therefore nei;essary that you and I should distinctly see the course before us : by doing so, we shall certainly save time, and surmount ditticulties with grejiter facility; and if we can get over them I shall ever think the step I am taking most wise and well advised. I am, dear Sir, with great regard, Your's faithfully, DALHOUSIE. ^ The state of the financial affairs of this Province, for several years past is a subject which must create the greatest regret in the mind of any man who turns himself truly and sincerely to the interests of the country : my station imposes that reflection upon me every day I exist in it. My mind has been constantly bent upon it, con- stantly lamenting that session after session creeps away, and yet no material advance is made in the confused state of these atfairs, so we may go on for an endless period, unless some public man will take up and shew where are the difficulties, where is the remedy for them. V i! \ ,^98 h . ^ 'U. T may l>o considoivd too directly iiitoroHU'd to olTi!!' my opinion, bocrius*.' a parly to wlmni tin; llonse of Assembly is disposed to attu<'li blanio, but noluitiistaiidini^ that idea, I feel in my own broast so peileitly conscious of an up- right disi'liari;*) of my duties, ami s<» purely at luatcd by tiic publii- good, that I will examine the mutter, and state my irleas of it, in «Iie dcsin; of placiiiif things in that contrae'cd view which may give a ch.^ar and eorifrt miderstanding of tlie»n. Tho House of Assembly has eom])lained that large sums of public money have been expendtsd without sanc- tion of that branch of th«' Legislature by bill of appro- priation, and in order to as(;ertain tho t(.>tal amount of 8uc!i illegal expenditure, the House has called for tho accounts of the i'rovince from 1701 to 1820, with a great many other doruments of information to enable it to arrive at tho object of this en(|iiiry. After three years report has been made, the purport of which was principally to dis])ute the right of the King or his Ke[»resontative in the Kxecuiive (Jovernment of tho Province, to apply the revenue raised by certain Acts for certain specilic purposes, and con( hides by a statement of accounts for thirty years in receipt and expenditure, by suras total, the balance due beino- that which had not vet received tho formal sanction of the I.egisiature. In mv idea this is travellinjx a road which never can bring u-i to tho point at which we wish to arrive. It is utterly impracticable, even in the atVairs of private life, to make a calculation of this nature i)roduce a correct balance. How can it then he expected to tally in the conduct of public finance, for such aporiod, under so many succeeding Governors, so many public accountants, and dill'erent Receivers General ? A correct balance can never be estab- lished, but suppose for a moment that a balance was fixed of £100,000, or any other sum arising from various irregularities of various Governors and Administrators of the Government for broken periods. On whom are these sums to be fixed ? From wdiom are explanations to be required? On whom are public censures to be passed. I believe that no man will venture to accuse any one who has administered this Government since it became a Bri- n- .Ji !i;i 399 ,(.'d to olTiiF my >,9 of Assembly liliuj^ that idea, ious of JUi u\>- jK lual<'»ll>y the ttrr, aiitl .state tliiii;4s ill that !iv juhI (.'onuft iumI til at large (I without sane- bill ot appro- otal amoiuit of callcl for the •0, with a ir>'oat ;o enable it to tlie purport of of the King or ernment of the certain Acts for a statement of expenditure, by fli had not yet ture. \hich never can o arrive. It is f private life, to correct balance, the conduct of lany succeeding and dilierent never be estab- a balance was ng from varions dministrators of vhoni are these Sanations to be D be passed. I ,se any one who became a Bri- tish province, <»f pefulation to the smallest amount. And 1 can from my own kiiowlcdgt' assert, that it is impossihlc iin(l<'r the prt'sciit most M',rin>ulous and rlovc audit of piiMic, a('( ounts that any untair use of the ])ul)lit' money can be made, but, upon whom is the balance to fall i Not uj)on the Goverinnt'iit now t I cannot be niadti answerable for the nets of those who ha\«' gone hcfore me, nor will my successor answer for tli(( linaiicial traiiactions of the Government under my control. If irregulariti'-s have been committed they cannot now bo undone. It is nn useless waste of time to seek foi' any remeut these never will be obtained by Re])ortof the Legislature alone ; they nuist be stated correctlv, and asked for respectfully bv addiess. I do not say that tliey will be granted but I am very certain that this is the most probable way hy whicli to obtain them. I need not dwell any longer upon the subject oi' the account of those past years; 1 think it would l>e wise in the Assembly or in the Legislature to ])ut an end to theiu for ever; they never will add to the j)ul)lic purse, they will continue to divide the Councils of the Province, and arrest the current of public harmony, and ]3ublic good in .('•it 400 I I' I I I I •m f n m U! h ' 1 1* 4 ii ! ' I',' i ;i„ A v \\ i i \ ■' ■}'' ^ 1 I: I '■ m Ii '.■C'i :XI ;6.3()., m every sense of the word. J^et me now turn to the financial atiaiis under my own Government. I ask for nothing more than a close investigation of them year after year; I am ready to give tlie fairest explanation upon every the most trilling sum for which I have signed my warrant. I am confident and will ever consider it the first object of my care tliat a constant and zealous watch is kept over the proper expenditure of the public monies, and in so doing I think 1 have the right to expect or demand an immediate audit and sentence upon the period for which I have accounted. But it is objected that I have illegally expended tli" public treasure witliout Legislative appro- priation. 1 nmst admit that I have done so, but my excus(3 is platftT' I'^hnTtj'ISeenTorceil to'ddTSof^ the public good. The House of Assembly refused the ordinary expenses of that system and machine of Government which I was placed hero to conduct. I dare not allow it to, stop, and 1 cannot oblige the public functionaries to act, unless I also pay the salaries upon which their existence depends. My conduct has been guided by that of Mr. Pitt under circumstances precisely similar, and the sentiments of Mr. Fox u])on the discussion of that great practical question, who justified Mr. Pitt's conduct even in language more forcible than any law could have used to meet all the scope of the difficulties. My accounts are stated annually, and hav'3 no relation to each other. It can not be difficult for anv Committee of the House to settle, and close them. I therefore consider it an act of injustice to myself as well as a neglect of the public duties of tl:e House to allow the Sessions thus to pass away without expressing an opinion upon them. Embarrassed and pinned down by the knowledge that the House of Assembly grant me no latitude whatever, no confidence in any emergency of the public wants, or of the public service, I have acted with a spirit of economy bordering on parsimony in all that regards public finance. Tiie revenue has annually largely exceeded the expenditure for the service of the year ; but large demands of arrears, and of appropriations have added to and swelled the sum of public expenditure without being in any way created or cjontroulable by me. ) the financial : for nothing ar after year; on every the y warrant. I irst object of 1 is kept over js, and in so r demand an iod for which liave illegally ilative appro- so, but my for the public the ordinary I'nment which : allow it to, naries to act, lieir existence lat of Mr. Pitt le sentiments eat practical 1 in language meet all the ed annually, ot be difficult close thorn, lyself as well to allow the >" an opinion )wledge that whatever, no nts, or of the of economy blic finance, expenditure s of arrears, led the sum y created or 401 The recent declaration and exposure of the Receiver General will now shew the evils arising from not annually settling the pul>lic accounts. Had that been done, had the balance been fixed and the extent of it ascertained the large sum now deficient wouKl n<.>t have been left at the use of that public officer uncontroulable l>y the Governor or Executive Government, and uncalled for by the constitutional guardians of the public purse. This crisis will call for a nev/ system to guard against the possibility in future, and it will at the same time bring under the consideration of the House the actual state of their finances. My complaints of difficulties ha\e been hitherto disre- garded, my earnest entreaties and advice to ascertain the state of our finances have been unavailing. Whilst the Legislature has been contending about forms, the substance of the Treasury has been used and the Province now stands, without any funds, which can be called its own, or worse than that it has incurred a debt to the Military chest of £30,000, advanced in 1822, and £30,000 more advanced this summer, 1823, to which must be added the amount of all unpaid appropriations in last session, a sum not less than £24,000, exclusive of the grant of the Chambly Canal. Such is the general state of our finances at this day. Another subject yet remains for consideration. AYhat are our means for the year now commenced ? Our debt contracted is Appropriations of 182o, unpaid, Our necessary expenses for 1824, Our probable appropriation, including the award to Upper Canada, £60,000 24,000 70,000 25,000 £179,000 Our revenue to meet this, 90,000 And where also are we to find the means to go on, until the revenue comes into the chest? These are n nie by the that account, ernment, and bility, tliat I ai this branch .llOUSIE. COMTE DE ihre, 1823. ice ni'a fait que j'ai regu 8 suis depuis 'e par Votre remc reserve ubUc, et que 'ec les uontes rrfice a Votre ous ouvrir a u Roi, et au aveugle, et j»our crain- e Excellence son orateur? do grandeur •e C[ui arrive e Excellence mce dans le nait trop ses juste en vers bien general nibloe, c'est I 403 jivccisement I'iiiverso do celui dont Votre Excellence la Boupconne. Cest un regret bien vif dc ce que Votre Excellence ne so coninuinique point, et de ce que vos vues qui ne })euvent etre que lil>6r;ile, geuercuse et liicnfiisanto <;oinme vous-nieuie, ne nous sont pas suiilsamnient connues. Pour ctre d'accord il ne faut souvent que s'entendre. C'est dans la reconnaissance la jilus sincere, que je remercie Votre Excellence, de la coiiununication qui ac- com[)agne votre lettr*'. Fasso le cicl, qu'en meditant serleusement c^et expose iumineux d<'s vues de Votre Excellence sur un sujet si epineux, (pie jepuissecontribuer par mes faibles nioyens a a})planir les difficidtes dont il est fourniillo. Je suis surtout reconnaissant envers Votre Excellence, de ce que vous me pcrniettrez de faii-e un usage discretionel de cette communication privc, et j'ose assurer Votre Excellence, que cot usage sera guide par I'amour du bien public et par ce proibnd respect pour Votre Excellence, avec lequel j'ai I'honncur d'etre, Milord, De Votre Excellence, Le dovouo et fidele sorviteur. VALLIERES DE ST. REAL. Ath J)eccmbc)\ 1823. Mr DEAR Siii, — I am truly hanpy to learn by your letter of yesterday, that there has been on my part a misapprehension of the public feelings in regard to our mutual communications : there can be little diiliculty in removin;? such idea for the future, and should you see anv subject or question in th(? course of your present deliber- ations which can be assisted Ity any ex])lanation with me, be assuretl I shall give it you witliout reserve or hesitation. At 10 o'clock, every mornino-, vou will lind mo ready and glad to see you, so that }'ou will anticipate all other business and meet with no delay from me, Believe me to be, Avith great esteem and regard, Sincerely yours, DALHOUSIE. Mr. Vallieres de St. Real. I \ '4 m 111 404 m- m lii- ; < if-: i ;; ' '1 i 1 ■">l ^ 4 Decern bre. Milord, — Je viens de recevoir la lettr^i de Votie Excel- lence, et il me serait difficile d'exprirncr toute la satisfaction- qu'elle me donne, cette nouvelle j)reuve de votie amour du bien public, et de votre desire d'y contribner par tons les moyetis qui sont en votre pouvoir, ni'impose envers Votre Ex(rellence les pins grandes obligations, et je ne suis embarrasse que par mon insuffisance a ni'en acquitter. Ju me prevaudrai, Miiord, de votre condescendance, j'aurai I'honneur de me rend re aupres de Votre Excellence chaque fbis qu'il vous plaira de my appeler, et chaque fois que les aftaires auront besoin de qnelque explication de la part de Votre Excellence. J'y porterai bienpeude talent, mais beaucoup de bonne volonte, et les bontes de Votre Excellence a mon egard me font esperer beaucoup d^indulgence. J'ai I'honneur d'etre, Etc., etc., etc., VALLIERES DE ST. REAL. A Son Excellence Le Comte De Dalhousie. LORD DALHOUSIE TO LORD BATHURST. Castle of St. Lewis, QuFT>EC, 10^^ March, 1824. My Lord, — I have the honor to enclose to Your Lord- ship copy of the speech with which I yesterday closed the Session of the Pi'avincial Pj\rliament of Lower Canada. I will not add any remark upon it, as I trust the substance will lay before you at once the grounds of the existing ditFerences, the state in which tkey aye now left, and the impression these diflerencef' have made ujon the minds of His Majesty's Executive Government here. I do so with the greater confidence because I communicated my speecth to the Executive Council, and it was unanimously approved. I trust Your Lordship will see the urgent necessity of adopting some de<.-,isive measures to put an end to these embarrassments in the conduct of the Governor, which «very rational man here disapproves and loudly condemns. 405 fr ■n Decembre. Votie Excel- la satisfaction' votre amour buer par tous npose Clivers , et j« ne suis acquitter. . idescendance, re Excellence jt chaqiie fois lication de la peu de talent, tes de Votre er beaucGup $T. REAL. RST. Lewis, rch, 1824. Your Lord- ly closed the cr Canada, le substance the existing eft, and the the minds of I do so "with d my spee(;h Jy approved, necessity of nd to these rnor, which Y condemns- I must at last unwillingly confess that I can no longci* entertain any hope that good sense and moderation will calm the irritation in the House of Assembly, or induce them to forego their unconstitutional pretensions, and come to an understanding with the Upper House upon the mode of making provision for the wants of Government, it therefore rests now wholly upon the superior wisdom of the Imperial Parliament to decide the path in which the Executive Government of this Province is to move. I beg leave to suggest as the first object to your consid- eration, that I should be authorised to aid the permanent revenue for this year by such sums from the unappro- priated monies in the Provincial Treasury as may bo necessarv to defray the usual salaries and coutinf>'eiH;ies of the various departments of Government, and, secondly, that I may be ins^^ 'ucted to pay back the several sums advanced from the Military chest in the years 1822 and 1823, at such time, and in su;;h sums from the unappro- priated monies in the Provincial Treasury as I shall see fit with the advice of His Majesty's Executive Council. This becomes urgent in consequence of the Assembly having refused to acknowledge these sums as n debt due by the Province, and having even censured the Governor for having advanced that aid of £00,000. By this same o])portunity I have the honor to forward several addresses from the two Houses of the Legislature, all important in their contents; but above all the others I beg leave to recommend to Your Lordship's attention the sentiments expressed by the Legislative C(juncil upon the present state of the Province, in their address now for- warded to be laid at the foot of the Throne. It speaks the sentiments of all that is respectable in this country, and so far as I may presume to pass a judgment upon it I cordi- ally concur in every sentence. I have the honor to be, &:c., l^c., DALHOUSIE. v2 ■li w m rl* f if 11 If j 11 W'' 1 406 SIR F. BURTON, LIEUTENANT GOVERNOR, TO LORD DALIIOUSIE. PREVIOUS TO HIS LORDSHIP'S DEPAR- TURE FOR ENGLAND ON LEAVE OF ABSENCE. QuiiUEC, bth Jane, 1824. Mv LoKD, — Since I lind the honor to meet Your Lord- ship in Council this morning I have looked over the papers you then had the goodness to put into my hands. Your Lordship must be aware of the very embarrassing and dillicult circumstances under which 1 shall enter on the administration of this Government, but as you have not deemetl it necessary to enter into any confidential communication with me concerning the state of public atl'airs, it is probable you have thought that a residence of two years in the Province has aiibrded mc sutlicient expe- rience to enable me to execute the very important duties that will now devolve upon me. 1 cannot, however, retrain from expressing my regret at not being acquainted with the views and wishes of His Majesty's Government, (as w ell as w^ith your own,) on many veiy important points that must have been t)ie subject of your ministerial corres- pondence. From motives of delicacy I liave refrained from enterirg on these subjects v/ith Your Lordship, thinking it more decorous for you to begin upon them, and to extend your coniidence only as far as you judged proper, and I tiUst Your Lordship will do me the justice to acknowleuge tha^ I have uniformly, respectfully and zealously given every support in my power to your endeavours for the public good. I rely, therefore, on lin(.ling in your Secretary's office every inlbrnuition requisite for my guidance, and I shall esteem myself most happy if on your return to this country I can resign into your hands the Executive author- ity under laore favorable and less embarrassino- circum- stances tlian those in wliich it has been relinquished by Your Lordship. I have the honor, (kc, F. BURTON. \} t, TO LORD IPS DEP AB- SENCE. line, 1824. I Your Lord- Bi" the papera luls,. i3raban'assing hall enter on as you have ooiiftdeiiLial ite of public L residence of tlicient expc- ioi'tant duties vever, letVain |uainteJ with iient, (as uell L points that ;erial corres- •oiu eiiterii'ii' iig it more extend your and I ti ust w ledge tha^ given every )r the public Secretary's dance, and I turn to this Uive author- sing circum- nquished by' lURTON. 407 Slit FRANCIS BURTON TO THE EARL BATHURST. Quebec, 1th June, 1824. My Loud, — T liavo the honor to inforni Your Lordship that the Earl of Dalhousie embarked yosterdav for Enufland, and immediately took his departure in His Majesty's Ship ''Athol." The administration of the Provincial Govern- ment having thus devolved on me, I have this day taken the necessary steps in Council for entering on the discharge of the duties of JJeutenant Governo)-, and ha\e issued the usual Proclamation on tln^ occasion. I have not received from the Governor in Chief any confidential communications respecting his correspondence Avitli the Colonial l)e]).'irtment, but he has given me to understand that I shall iind evt.'ry necessary information in his Secretary's office. I must suppose Your Lordship is perfectly aware of the extraordinary difficulties and embarrassments that have of late arisen in this Government. They certainly are such as to render the situation of the person entrusted with its aJministration in no way an enviable one. I will, however, indulge a hope that, with Your Lordship's countenanc e and support, I may be enabled by degrees to diminish the existing difficulties, and to bring about a nuitual good understanding between the Executive and Legislative authorities. After two years residence in this Colony 1 can take upon me to say that the great mass of the Canadian population is loyal and well disposed. The popular form of Government which has been given to them naturally tends to bring forward certain ardent spirits in the Legislative Assembly, and it is not to be wondered at that thev have sometimes been enabled to oppose with success the views and wishes of Government; still I am willing to beheve that even these may be led to unite in supporting the just prerogatives of the Crown, and the real interests of the people. For the present I will only assure Your Lordshi}) of my earnest and constant endeavours to this end. I have the honor to be, —" (Src, (fee, (fcc, ~", " FRANCIS N. BURTON. \ it li II ^1*1 11 :s.i r^ J-. f 40S I'^i i » J • I ^1 i: 1 /. Ill DRAFT OF A DESPATCH TO THE EARL BATHURST FROM SIR FRAIS'CIS bURION.* Quebec, 2oth July^ 1824. My Lord, — Tlie failure on the part of the Colonial Legislature to provide for the deticiency of the revenue permanently appropriated towards the maintenance of the Civil Government having induced the Earl of Dalhousio to suspend the payment of the salaries of those public officers who are moi'e pailicularly considered as belonging to the local establishment, (a list of whom I have now the honor to enclose,) I trust Your Lordship will permit me to Bubmit the case of these individuals to your consideration^ in the hope that I may receive special instructions con- cerning them previous to the next meeting of the Legis- lature, which cannot conveniently take place before the BQontii of November. That the Legislature is bound to provide for all the expenses of the Civil Covernment, agreeably to the estimate submitted to the two Houses in the year 1818, (when the offer of the Assembly so to cio was first accepted,) or according to such other estimate as the Crown may recommend, v/ill I think be apparent from the following statement of what previously took place. On the 13th Febiuary, 1810, the House of Assembly voted addresses to His Majesty, and to the two Houses of the Imperial Parliament, representing that the prosperous state of the Colony enabled them to provide for the whole of the expenses of the Civil Gr vernment. On the 14th they addressed the Governor in Chief, Sir James Craig, informing His Excellency that the House had resolved to vote in the then session all the expenses of the Civil Government, and beseeching he would be pleased to order the proper otKcer to lay before the House an estimate of the said Civil expenditure. The Governor's answer was full and decisive : " I think " it right that, by an Act of their own, His Majesty should " be informed of the good disposition, gratitude and " generous intentions of his subjects in this Province. I " think it right also that His Majesty, by their own Act, * Drafted, thvre is rcasoa to believe, Is^ Mr. Eyland.<— 'R. 0. il •' h 40d L BATHURST July, 1824. t the Colonial [>f the revenue itenance of the I of Dalhousio )f those public ed as belonging I have now the II permit me to r consideration, istructions con- r of the Legis- (lace before the vide for all the y to tlie estimate 1818, (when the •st accepted,) or the Crown may n the following ise of Assembly e two Houses of the prosperous e for the whole nor in Chief, Sir hat the House ill the expenses ig he would be before the House ■cisive: "I think s Majesty should gratitude and his Province. I their own Act, Ryland.— tt. 0. " should be formally apprized of the ability and of the " voluntary pledge and promise which the people of this " Province, by this address to their Sovereign, and by *' the resolutions on wlii<.'h it is founded, have given to " Ilis Majesty to pay the entire Civil oxjienditure when " required so to do, and consecjuently, without rej>ugnance, " demand from them the perfoiinnnce of tliis solemn " imdertaking on their part, whenever he may, in his " wisdom, think it expedient so to do." In your despatch of the 31st August, 1817, Your Lordship directed the then Governor in Chief, Sir John Siierbrooke, to call upon the Legislature annually to vote all the sums required for the ordinary annual expenditure of the Province, which was done in the speech at the open- ing of the Legislature, in January, 1818. The address in answer is suliicientlv conclusive. The House of Assembly therein renew the pledge formerly given, and estimates of the expenses and revenue for the year 1818 weie consequently made out by the Chairman of the Committee of Audit, in conformity with instructions from the Governor. They were approved by IJis Excel- lency in Council, and subsequently submitted by his order to the consideration of three gentlemen of the Assembly, who having taken the private opitiion of some other members, recommended an alteration in the ari'angement of certain expenses, and a curtailment of others. Their suggestions were in part adopted, and the estimates were finally transmitted to the two Houses on the 27th February, 1818. The Governor, in his message, states, "That from these " it appears the further sum of forty thousand two hundred " and sixty-three pounds, eight shillings and nine pence " currency, will be necessary to meet the current expenses " of the year." On the 26th March, 1818, the Assembly voted an address representing to Ilis Excellency, " That the House, " having taken into consideration His Excellency's rcom- " mendation on the subject of the expenses of the Civil " Government of this Province for the year 1818, have " voted a sum not exceeding £40,263 88. 9d. currency, " toward B defraying the expensed of the Civil Government 'I m i M 410 I «^ I. i^ " of tins J'roviiico for tlio ycjir 1818, ccclanire oj the sums " (drift// 1/ aj)//r<)/)riofry mcnt. The into n law, Lises of tho is Majesty'^ he accounts lat there was /)o.-!(d of the for the aid 11 out of the the funns the I'aVHifjT be provided when a Bill tain sum of f the Oivil )ve the sum iiip the con- drawn from resolutions •ide for all ^epted that should see [oyal Iligli- lin Chief to payment of lience to the }f ABsembly 411 to provide for the expenill for making" ii^oo*] the sum so ailvanced upon the addre>s of tho Assembly. Sixthly. That, in the Session of 182;}, both branches were still agreed as to the principle of the accounts of 18 IS, and sanctioned the whole amount by makini^ good the sums advanced to ineot the actual expense incurred. Seventhly. That by the proceedings here detailed the Lcgislatui'e has in every way sanctioned the measures of the King's (government, v,ith nfspcnL to the tinancial arrangements of the year 1818, and that now the xVssembly cannot, consistently with good faith, refuse to ap[Moprlatc such sums as may be necessary to meet the expenses of the Civil Government, over and above the pcrmaiu*nt, casual and territorial revenue which is at the dis[)osal of the Crown, i)i'ovided those n^venues (ue conlined to tho payment of such otlicers and continu'encies as were included in the accounts of the year above mentioned. U[)on these grounds I respectfully submit to Your Lordship, whether in justice and sound policy I should not be authorised by ills Majesty to j)ay the salaries of the public olhcers specified in the enclosed list, (amounting in the whole only to £ ,) which have been withheUl since the 1st May last, till such time as llis Majesty shall be pleased to sanction a ditiei'ent arrangement, and tho two Houses of the Provincial Legislature concur in the course pointed out by the Crown. I have the honor to be, itc, &c., tkc, FRANCIS N. UUUTON. SIR FRAXCIS BURTON TO LORD BATIIURST, WITH THE BILL OF SUPPLY. Quebec, 24th March, 1825. My Loud, — I have the honor to inform Your Lordship that I closed the Session of the Provincial Parliament I i 'If 4H Vf /♦' 1^ ye«tcr.lny, with ,i speech fromtlie Throne, a copy of which I enclose, together with one delivered by the Speaker of the House of Assembly, on presenting the Appropriation liills. It is witli infinite satisfaction T acquaint Your Lordship that the ditleromes which have so lonuj subsisted between the Lefjislativc bodies on financial matters have been amic- ably settled ; and by the enclosed l^iil Your Lordship will see that the Asscnd>ly have decidedly acknowledged the right of the Crown to dispose of the revenue arising out of the 14 Geo. Ill, and certain others, the jo'oduce of which is already appropriated by law, and that hencefortli it will only bo necessary to apply to the Assembly to make np tlie deficiencies of the revenues abovementioned, to defray the expenses of the Civil Ciovernment, and administration of justice. 1 have to liope that tl)e result of the late session will prove satisfactory to Your Lordship, and to observe that the A]»propriation Bill passed the Coun(;il witli only two dissentient voictes, and that for the last twenty-five years there has not been so quiet a session. I have the lionor to be, &;c., FRANCIS N. BURTON. ..ri. til THE KARL BATHUnST TO SIR FRANCIS BURTON. Downing Street, 4tJi June, 1825. Sir, — 1 have received your two despatches of the dates of the 24th and 30th March ult. In the first of those despatches you state " that you " inform me with infinite satisfaction that the difierencea " which have so long subsisted between the Legislative " bodies on financial matters liave been amicably settled, " and that I shall perceive by the draft of a Bill which you " enclose, that the Assembly have decidedly acknowledged " the right of the Crown to dispose of the revenue arising " out of the 14 Geo. Ill, &c." I regret that it is not in my power to cor "'der this arrangement as in any degree satisfactory. The special instructions which had been given by His Majesty^s com* i opy of which 10 Sj)cakcr of ^j)pr<)pri;ition our Lordship istc'il hctwecn \Q boon aniic- Lonlship will owledged the arisiTiy; out of uce ot" which t'C'fortli it will y to make up lied, to defray idniinistraticn to possion will oliservc that witli only two tity-five years BURTON. BURTON. ''une, 1825. of the dates le " that you he diflereuces Legislative jcably settled, lill which you jcknowledged ^'enue arising JOT ";der this The special ajesty's com- 418 inand to the (lovenior (• neral, in my dc-^patchos of 1 Ith Septemhor, 1820, and i;3th Si-pfcmhor, 1821, had imposed on him the ncccssitv of rt'fiisin<' all arranijfcniontH that went in any d<'gn'0 to compromise the infcurity of tho revenue known l»y the name of tho piMinanent revenue, and it appears to me, on a carct'til examination of tho mcasiircH which have hccii adopted, that they are at vari- ance with those specilic. and positive iiistrnetions. Tiie Executive (iovurnment hail sent in an estimate in whicli no distinction was made between tho ex))enditure chargeable ujjon the permanent revenne of the Crown, and that which remained to be provided for out of revenues raised under Colonial Acts. In other words, had the wlirtio revenue been raised under Colonial Acts, there would have been no dill'erence in the manner of sending in the estimate. The estimate was given in at £05,000 stg., of which tho Assembly aj)pear to have votoil .i'58,074, as " amount of votes," tkc, aii"rct that His Lordsliip had not confidentially communicated to me any direcftions which he might have received from the King's Ministers, respecting the public affairs of the Province, and of my anxious hope tluit in the Secretary's oilice I should find all the official documents that might be requisite for my guidance, and I added an extract of a letter in reply from His Lordship, staling that he had '.lO coniidential instructions but those which he had ah'eadv ])lace(l in my hands, and others which were to be found in his Secretary's ofHce. I have the a-ratification of reflecting- that bv a letter of the 80th September, 1825, acknowledging tlie receipt of mine of the 25tli Ju y, Vour Lordship was pleased to direct that the despatcli of the 4tli June, having been writteii under the mistaken impression that 1 had been in posses- sion of all the correspondence l)etween Your Lordship and the Governor General, and particularly of the instructions before mentioned of 1820 and 1821, should be considered as withdrawn, and the expression of Your Lordship's regret was limited to tlie single point of my having carried into eft'ect the arrangement in question, without having previ- ously entered into a direct communication on the subject with ILs Majesty's Government. Tiiis letter did not reach Quebec til) I had quitted the Province for Ku!*ope, and till the administration had been resumed by l^ord Dalhousie, and having been addressed to me, it was opened by my friend My. Daly, Assistant Secretary, and by him placed in the possession of Mr. Cochran, Secretary to Lord Dalhousie, on or before the 31st of January last: consequently it ^Ltunot be doubted that its contents were iiuide known to the Governor in Chief long previous to the 14th March. By the latest intelligence from the Province, it appears that, on the 14th of March last, the Governor in Chief sent duty to peruse j^ olHco, I had .821, to which f a letter which previous to his [^•ret that llis Ated to ine any Tora the King's le Province, and s otlice I should be requisite for letter in reply iio coniidential \y placed in my n his Secretary's it by a letter of \if the receipt of pleased to direct \g been writtea I been in posses- ur Lordship and the instructions d be considered ordship's regret ino- carried into |t having previ- 1 on the subject [had quitted the lation had been been adrlressed >aly, Assistant psesslon of Mr. or b«?fore the Inot bo doubted le Governor in |ince, it appears )r in Chief sent 419 a message to the House of Assembly, in which he repre- sented it as his indispensable duty to lay before the House the copies of two despatches which had been addressed to me during his absence in Enghuid, staling at the same time that he had obtained special perjnission to make the House such a communication, which was laid on the table of the House accordingly : one was the despatch of the 4th of June already mentioned, but it was not acconip;uned nor afterwards followed by that of the 30th September. It ajipcars further, that on the receipt of this message the House ^. resented an address to the (Jovernor, praying for any further information U]»on the subject, which might liave been received by His I'^xcellency ^ !ium3 his return to the Province, and that they v.ere informed by him, in reply, tluit he had not received any despatches from the Secretary of State for the Colonies subseipu-nt to the date of that which he had alrcuiy communicated. It is the intelligence of these proceedings, which, atiecting me witli infinite sui-prise and concern, compels me to claim the attention of Your Lordship to my ]>resent appeal. Even if the despatch of the 4th of June had not been followed by tliat of the 30th of September, from Your Lordship, it (jould not but he known to Lord Dalhousio that the former had been penned on a natural, though erroneous, .supj)osition of my ac([uaiutanco with certain instructions which, neverthle;-s, had neither been imparted to me, nor were to be found in the Secretary's office, in conformity to which, therefore. His Lordship must have been fully sensible that it was not in my ])Ower to act. Whatever considerations, therefore, of public feeling- may, in the judgment of Ilis Lordship, have imposed on him the duty of communicating to the House of Assembly the censui'e contained in the despatch of tlie 4tli June, it could scarcely fail to occur to His Lordship as ecjually a duty, botii to the (character of the individual whom the charije affected, and to the diffnity of the Government vested in his person, that the publication of the censure should be accompanied by some notification of the cir- cumstances which obviously made it ina})plicable. Supposing, however, that the forms of state might have rendered it difficult to the Governor General, grauiitously ^' liM fi! m 420 to accompany the communication of the frst despatch with su(;h an explanatory statement as I have alluded to, yet the actual possession by him of the subsequent despatch afforded an easy and nntival method by which the object could have been accomplished l^y impart- ing both despatches together the effect of tlip com- munication would ijave been confined to the public purposes which had suggested it, and would have prevented a manifest injustice towards me individually. Tiiat the Governor General should not have availed lihnself of this obvious method of proceeding, in the first instance, must occasion surprise, but this surprise increases to absolute astonishment, when in his reply to the applica- tion of the House of Assemblv, solicitinir further information on the subject, he withholds Your Lordship's subsequent despatch to me, of the 30th of September. From the terms of that reply I must collect, that, in the opinion of Lord Dalhousie, a despatch avowedly addressed to me by Your Lordship, as Lieutenant Governor adminis- tering the Government, and received by him after my departure for Europe, was yet not a despatch acknowledged by him in the sense intended by the House of Assembly. If such a distinction was to be relied on, I regret that it should not have suggested itself to His Lordship at the time when he solicited permission to lay before the Assem- bly the prior despatch of the 4th June, which he appears to have considered an available document to be communi- cated singly to that body. By the coui-se which Lord Dalhousie has thought proper to pursue, my public character becomes exposed to a censure which I feel I do not merit, and which I have not tho means of repelling without Your Lordship's powerful intervention. Thus situated, and uiider the influence of sensations to which I cannot easily do justice, I have thought it incum- bent on me to submit this plain statement to Your Lord- ship. Li what manner I may best be exonerated from the stigma thus openly afiixed to my character, and relieved from the consequent wound inflicted on my feelings, I think it most respectf'ii to leave to Your Lordship to decide, I cannot doubt, under all the circumstances of the Frst despatch have alluded c subsequent iiod by which l^y impart- of thp com- the i>ublic lave prevented • have availed ng, in tlie first •prise increases to the applica- ler information ip's subsequent !ct, that, in the edly addressed ernor adininis- hini after my 1 acknowledged e of Assembly. re'T^ret that it .ordship at the lore the Assem- ich he appears be communi- thought proper [exposed to a lich I have not Ihip's powerful sensations to light it incum- to Your Lord- rated from the and relieved |iy feelings, I Lordship to ttances of the 42! «>ca8ft whicli I have deemed it my duty to lay "hofore yoTi, :rliat Your Lordshi]) vill see t]]/- necessity of eans of «tlbrding me the redress to wliioli I fer-l I am fairly entitled. J. hav-3, etc., FRANCIS BURTON. A MILITARY MAN'S IDEAS ON TPIE CONSTITITTION AXi» <30VERNMENT OF LOWER CANADA.* The constitution of Canada diffiBTs essentially from that •of every ot]»«r colony of Great Britain. It is in fact aa •epitome of the constitution of England, the only point iy{ diiferoiu*/€ if;, that the seats in the Legislativ-e Oouiicil are not like those of tli-e Peers of England, hereditary. In conducting the Government of thivS Colony this strict analogy to the constitution of tlfc parent state should never be lost sight of, nor can those general principles of Goveniment, applicable to other colonies, be always «afely applied to this. Let us sd8 how the assertion can be borne out. The jealousy with which the peojyle of all colonies view the measures of Government is doubtless q\n(;kon[>iness unpar- i-illed in tlie world, must still be reckoned among the causes, not the least ]>owerful, by ^Yhich the turbulent and the factious mislead the ignorant and the weak. To a people in no respect identified with their rulers, French in their origin, their langmjge, their habits, their sentiments, * Supposed to be by the late Sir Jolm Harvey, subsequently Lienteuunt Governor of Prince Edward Island, New Brunswick, Newfoundland, and finally, Nova Scotia, where bodied universally regretted and respected, as be had been in the other Province.-} with the govei-nnieiits whereof he had been eutru ted. I, however, nnderstand that it is also supposed to be from Lieut. General Evans, (now residing in Montreal,) and who foi lucrly seiveJ with distin-r- tion in Canada. R. G, W ■'1 ''91 f" 422 V ' m I , : i their rdi^ion, — En^jlisli in iwtlnng but in tlie /ifloiioHs* constitution which that too lilx'ial (!v>ujitry has ronferreci upon them, — the sole ett'eet of this boon has been to enablo them to display, in a coustituiionul mmini'i% those feelings of suspicion, distrust and dislike, by which the conduct of their representatives would warrant us in believing them to be animated towards their benefactors. The House of Assembly of Lower Canada has not ceased to manifest inveterate hostility to the interests of the Crown, it lias withheld its confidence from tlie local Goveniment, and has, through this Wind and illiberal policy, neutralized as far as it could every benefit which that Government liaa wished to confer upon the people, and that the po})ular representatives have acted in nnison with the feelinijs of their consiituents the fact of their having invariably st-nt back those members whose oppo- sition to tlie Governmrent lias been most marked may be thought sufficiently to prove. Ought not such a people to be left to themselves, to the tender mercies of their gigantic neighbours, whose hewers of wood and drawers of water they would inevitably be- come in six months after the protection of the British fleets and armies had been withdrawn from them ? The possession of this dreary corner of the world is productive of notliing to Great Britain but expense. I repeat that the occupation of Canada is in no re.^pect compensated by any solid advantage. Nevertheless, it pleases the people of England to keep it much for the same reason that it j»l eases a mastiff or a bull-dog to keep possession of a bare and marrowless bone towards which he sees the eve of another doij directed. And afruitftil bone of conteiuion has it, find will it prove, betwixt Great Britain and the United States before Canada is merged in one of the divisions of that empire, an event, however, which will not happen until blood and treasure have been profusely lavished in the attempts to defend what )■=• indefensible, and to retain what is not worth having. As we are doomed to retain it, however, let us see how it is to be governed. It is assumed that the House of Assembly will do as little good and as much mischief as may be in its power how then are we to promote tlie foimer and to counterac tllC j[(l0li0H* has conferred been to enable , those feeling.>» the conduct of believing them has not ceased iterests of the loni the local i and illiberal benefit which pon the people, icted in nnisoTi e fact of their >rs whose oppo- navked may be emselves, to the s, whose hewers inevitably be- of the British m them? The Id is productive repeat that the pensated by any rland to keep it a mastiff or a liarrowless bone dog directed, ^d will it prove, before Canada [ipire, an event, )d and treasure Lnpts to defend is not worth Ihowever, let us ibly will do as in its power i\ to counterac 423 the latter? Happily, the constitution which miiiistors what :s banefid in the powers which it i>;i\('S to llie Lower House presents us with an antidote in tli')se with wliicli it has clothed the Ujiper one. It is then to the Leo-isiative Council, as to the House of Peers, that we must i( ok for the true constitutional check upon the turbulent d(>tna- goguesof the Assembly, and if that Council be composed u3 it ought, the Government of Canada will he carried on with comparative ease and satisfaie. Whatever measures of real utility may originate in the Lower House will meet v/ith no check in the Council, nor will the King's Representative have any hesitation in con- firming by his assent that which comes to him recom- mended by those two brandies of the Legislature, and the merit and grace of all such measures will rest, as if just, with thos(3 bv whom tliev are oriijinated. On th .■ other hand all measures of a wild, injurious, ill-ad'rised y 'irty, or impracticable nature, will receive their quietus \r. the Council, and will not be permitted to reach the Throne. Thus by the interposition of this constitutional check, the most dangerous oi all possible collisions (that betwixt the King and the people) is avoided, and the balance of the constitution preserved. Important as are the duties which the members of the Legislative Council have to })erform, it will be obvious that much care should be used in their selection. The weight and importance of this branch of the Legislature, if firmness, moderation anc; good sense prevail in their Councils, must ere long be felt and acknowledged througii- out the Province. With the view to accelerate this state of things, and the advantages to the country, which must must flow from it, it is strenuously recommended that every possible degree of publicity be given to its deliberations. The measure of throwing open the Council doors adopted a few years ago, was one step towards this, but it is by no means sufficient. Their proceedings and debates should be published and diffused in the French language throughout the Province. 424 if: < f at ijii .. f' ' '' fet u i: Tlicir (ompcr, tluMi* mo-U'ration, tlir-Ir cjood rotiso, tlicir P'Miuiri(» ]),'iti'i(>tisiii, \\]\v\\ cond'ast^'d with the ojtpo.sitn (jiiaMtics, as (lis|>lay»'t EnijUnh, wincli for tlio same reason they ou^^-nt by this time to have been,) but this is not \vholly their fault; tiiey possess many exeellent and valuable tjualities. They are not loyal as regards the 'person of tlie Kino- of Eng-jand, but they are devotedly attached to their country, ajid 1 firmly believe prefer tho protection (>f Eny'iand to that of any otlier power, France alone e\ce|>ted, and they M'oll knovv that France could not protect them. THE ATTORNEY GENERAL STUART'S ORINION TECTJNG THE SEMINARY OF MONTREAL. RES- TV) Ills Fxccllencf/ Sir James Kempt, Knight Grand Cross of the Most Honorable Military/ Order of the jBath, Lieutenant General and Commander in Chief of all His Majesttfs Fo-ces in the Provinces of Lower Canada and Upper Canada, Nova Scotia and Ne%t) JBrunswick, and their several dependencies, and in the Island of Newfoundland, and Administaator of the Government of the Province of Lower Canada, (tc, c£'C. May it tlease Your Excellency : I have been honored with the commands of His Excellency the late Governor in Chief, sig'nified in Mr. Secretary Cochran's letter of the iTth June la^t, trans- mitting an extract from a ]veport of His Majesty's Executive Council, of the Q-\h. May ])receding, on a reference respect- ing the Seminary of Montreal, and requiring my opinion on certain points specified in that Report, and also such information and suggestions on the subject as I might have it my power to offer. In obedience to these commands I have considered the matter referred to me, and with all deference have now the honor of submitting to llis Excellency the Adminis- )(1 Ronso, tlicir 1 tlie <>]>i)osit0 iimot luit work li;m ])0()i>le tlio I'nnch (wliicli, rco Mcort' yt'.'ii'H, which tor the liivo l)ocn,) but iiHiiy excellent as reg.'vrds the are devotedly Hove prefer tho y)o\ver, Fravce raiice could not ^riNION fTREAL. RES- Knir/ht Grand I Order of the icr in Chief of res of Lower otia and New s, and in the faator of the inada^ <£'c., <£'C. nands of His g-iiified in Mr. no la^t, trans- sty's Executive erence respe(;t- wif my opinion and also such t as I mi gilt considered tlie nee have no>v tlio Adminis- 425 tralor of tlie Government (ho opinion and iiiforniatioit which have been rcipiired. JJefore j)roc.eedinir to stale thi.s'ctpiiiioii, if, would seem fit to nu'Utiou succinctly the tacts on which it is ^'rounded, and whicli are of public notoriety, or caiinoL be ([UcsliiMicd. On the 9th March, 10(J.'}, an association of individuals which had been established for the c«»iiveision of the Indians, on the Island of Montreal, and known under the name of, '' Les asso(;ius pour la conversion des Sauvages " de la Nouvelle France, en Tlsle d of tlio f, the Seminary rred to as tlio 10 conquest of |iich the meni- iris, or of tlie to subsist as a lemand to tliat d. The 32nd the surrender uns to subsist, nities of Nuns md privileges ; fco. dranted." ation a similar )ntreal, in the cle shall like- mi munities of the Priests of e Jesuits shall curacies and ing's pleasure ice concluded lost Christian 4:J7 Majesty, on th«; lOth Febniary, 1703, tlie latter ced«'d and il^uaranteed Canada and all its dependencies to lIis Majesty, m full riirht, with the SovenMgnty, property, possession tViereof, Ac, aTid it was au^rcclon the ]»art of His Maje.ty to ifraiit the lihertv of the (.\itholic ll«'liiri<>n to the iuhab- itants of Canada, with permission to such of them a.^ chose to retire, to sell their estates, and emigrate thcnco Avithin eighteen months. Four years after the conquest a conveyance bearnig .tinue to be in possession of persons who ascribe to themselves a corporate character, as composing the Seminary of Montreal, and who have received and applied the revenues derived from them to €uch purposes as they have thought fit, without liaving been subjected to any visitation control or accountability whatever, in the disposal of them. The gentlemen composing this body, since the period last mentioned, with few exceptions, have bjeu natives of \ 42S. W n i Franco, not naturalized; and the Rav, Mr. Eoux, in parti' - Gular, who since that period has been and .still is Superior of the Seminary, is a native of that coimtry, and has not been naturalized, thougli he has rsceivod within tho- eolony Letters of Deuiication^ Vhe purpose for -which the original donors g-ranted the Island of Montreal to the Seminary of St. Sulpice of Paris, namely, " the conversion of the Indians," has, since the- establishment of the Seminary at Slontreal, it is also pro- per to state^ been entirely overlooked and neglected. It does not appear that the revenues derived from the Island, which, it is known, have been very considerable, have ever b 'en applied to the fulfilment of the object for whix^h that estate was givt-n ; and this condition, on which the grant MRS made, and the Seminary of Montreal recei ^d its legal existence, continues to be unaccomplished. The Seminary of Montreal has indeed, it would a})pear, tutered the purpose- of its institution, which was of a special and specific nature,, by applying its fimds to an object v/hich would properly belong to a Diocesan Seminary, under tlie guidance and control of the Bishop, namely, to the education of persona intended for the Priesthood, with which it has conjoined the education of the French Canadian youth generally. ]^^)r this purpose it has maintained an institution called a College, on. a considyrablo scale. To v,hat other objects the,- revenues of its estates may have been applied is not known, though it is understood that large sums were- some years since expended by the Seminary in the establish- ment of another Seminary and College at Baltimore, in the United States of America. On these facts the foriowing questions would seem to- embrace the several points on which I am desired to give* an opinion, and also the infomicition which is required : lo. Wliat was the efi'ect of the conijUv^st of Canada, Avitlt respect to the estates held there by the Seminary of St.. Sulpice of Paris ? 2o. Was the conveyance from the Seminary of St. Sul- pice of Paiis to the Seminary of Montreal, on the 29tli April, 1764, legal, and can tiie latter Seminary derive any right to the estates iu question under that coiiveyan.ce I 4Z^ oux, m parci- ill is Superior ^, and has rot 1 witliia tho- \s g-ranled the Ipice of Paris, las, since the- it is also pro- leglected. It )ni thelshnid, 1)1 e, have ever or which that lich the grant ei ^d its legal Ihe Seminary id the purpose- peeific nature^ ould properly guidance and on of persona- las conjoined h generally. ion called a er objects the.- plied is not sums were he establish- altimore, in Mid seem to- dred to give [required : ■anada, Avitk [nary of Siv of St. Sul- |n the 29tb derive any ceyaiLce I 'So. Had the Seminary of Montreal e\ er any lei^nl e\ifd^ tuco as a corporation distinct from tiic Seiuiiiaiy of St* Bulpice of Paris, and is it now a suhsisting corporation? 4o. What is the legal couree to bo takm tor the pur- pose of enforcing the right^5 whicli have acpro- prlation, uses and purposes, as His Maj';sty may think tit to declare. There is, I apprehend, r.o Kti})ulation in either of the capitulations which preceded the cou(|U«'st of Canada, under which the Seminary of St. Sulpice at Paris (;ould claim an cxemptio]i from the operation of the haw of nations in this particular, under which His Majesty's right has been derived. Put independently of this source of right, the legal estate in the Seigniory of tho Island of Montreal beinnf vested in a foreign relio-ious community incapable after the conquest of h<)lding lands in a country pubject to His Majesty's dominion, tho right of property in it, fi'om this cause alone, would necessarily devolve to jlis M;ijesty. Upon the second question, — If, as assumed in the answer to the preceding question, no right could be claimed by the Seminary of St. Sulpice of Paris, under the capitula- tions to sell their estates in Canada, the alleged disposal of it by deed of gift would of course be null and void. Put I am humbly of opinion, that on other grounds the pretended deed of gift of tho 29th of x\pril, 1704, must be considered an absolute nullity. Under any circumstances, and with the observance of any forjnalities, I should con- ceive the Seminary of St. Sulpice could not alienate the ^y2 I; ?c rt h'n K( m m fei^latos liold bv tliein iti Canada. TluiV were vef^ied witll no right of property in these estates, but hold thein merely Hs trustees or administrators for a charitable public use ol* purpose, and being infapablri of conveying to kncither per- ison a larger extent of right in the estates than they theni^ selves held, it must, I apprehend, be considered that they could not alienate lliera in any form. But in the partic-* ular mode of conveyance which they adopted, it is certai;! Ihey could not dispose of them legally. In the deed of gift referred to the graritcirs and grantees Nvere members of one and the same corporation, they had individually no beneficial right or interest whatever in the estates which were made the subject of the conveyance. These were not the property of the individuals composing the corporation, but that of the corporation itself, rcS Universitatis^ and were therefore incapable of alienation by one part of the members of the coiporadon to anothel' part, nor were they susceptible of partition among thenh On this ground, the deed of gift must be held void from the disability of the (iontracting parties to enter into such a contract. But it was also absolutely void on the ground of the incapacity of tlie grantees to take the estates pro- jposed to be conveyed to them. If (as is not admitted but denied) the Seminary of Montreal had been a subsisting corporation, distinct from the Seminary of St. Sulpice, it could not have taken the estates in qliestion without a license in mortmain. The French as well as the English laW' rendered '■'■ lettrcs d'amortissement^'''' or a license in mortmain indispensably necessary for the validity of the deed of gift in question. Even if, in other particulars, it could have been deemed valid, the nullity of it, from the want of such authority, cannot be doubted. Upon the third question, — Under the French law, as it has obtained in this Province, no corporation could be established otherwise than by the Royal authority, which was conveyed by letters patent. No length of possession of a corporate name and character was of atiy avail in conferring a corporate existence, without this authority. Nor was it competent to corporations already existing, to form new establishments, institutions or religious houses, without the express permission of the Sovereign. 4Si ore veMe(l witll 3ld thein ineroly )le public use ol* to iindther per- than tliey them^ ideved that they ut ih the partic- >ted, it is certai;! :)rs and grantees •ation, they had whatever in the the conveyance. uals composing ation itself, reS le of klien ation Uion to another ti among them, held void from enter into sucli on the ground the estates pro- )t admitted but n a subsisting St. Sulpice, it ion without a as the English >r a license in alidity of the particulars, it f it, from the mch law, as it Ition could be thority, which of possession ally avail in his authority. |y existing, to ^ious houses, tt WAs in conformi'ty with the Itw on tlii« li'^^d th=At \.\i'^ Seminary of St. Sulpice x>f Paris, a subsisting corporation, legally established, applied to His Most Christian Majesty to form a Seminary or religious house at Montreal, for th^ accomplishment of the intentions of the origin^al donors of the Island of Montreal, in granting that island to them* In compliance with this application. His Most Christian Majesty, by fettera patent of May, 1667, jrermitted them to form a Seminary at Montreal ; but this Seminary was to be composed of the membei's of the Seminaiy of St. Sul- pice at Paris, and of no other pei*sons, and was therefore only an institution of the coi'poration of St. Sulpice at Paris under a ditierent name, and a mere dependence of that corpomtiun, whose principal establishment or house was at Paris. On this ground, I am humbly of opinion that the Seminary of Montreal never had legal existence as a cor« poration distinct fl^^m the Seminary of St. Sulpice at Paris. i3ut if it could be said to have had such corporate exist- ence, I am also of opinion that, on several grounds, it has long siivce lost it, and that it has since a distant period been merely a private association of individuals, who have without authority assumed to themselves a corporate name, in the absence of any stipulation to the contrary by capit* xdation or treaty, the conquest of Canada, I appi-ehend^ by the law of nations, extinguished all jjolitical institution's «nd franchises derived from the authoiity of the Sovereign from whom Canada was wristed by force of anns; and, among these the Seminary of Montreal, if it had legal existence as a corporation, became extinct. But tliis point tloes not i-est on the general effect of a conquest, in extin* guishing political franchises, inasmuch as in this particular xiase, upt>n a demand made in the propased capitulation of Montreal, that the Seminary should be pi*eservcd in its constitutions and priviteg-es, this demand was expressly refused, till the King's pleasure should be known. And I am not aware that, by any legal signification of the Royal pleasure, the Seminary of Montreal has since been re-inte- grated in a corporate character, if such it ever had. But from the nature of the constitution of the Seminary of Montreal it was utterly impossible that, under any i Mil { I I m' \^r^'^J I. It; circnmsfancGS, tfitEoiit a new cJiartcr, its existeace Ajt * ♦lorpoTfttioft (if sueli it had) could be prolonged beyond the? livea of the members of the J^eminary of St. Bulpice, who remained in Canada after the conquest. For, as no persona eould be members of the Seminary of Montreal, who weri?!" not members of the Seminary of St. Sulpice at Paris*j and as a supply of new members could not be derived from ther parent establishment after the conqucr-t, the duration of the Seminaiy of Montreal' was necessarily limited to the lives of the members who remained in Canada ; and the last of these having died about the year 1V95 or 1796, ther Seminary necessarily became extinct at that time by the" death of all its members. In this respect the Seminary of Montreal, and also tho" Recollets and Jesuits were disadvantng-eously distinguished from the other V(digious communities in the Province, inasmuch as the latter, according to the rules of theiF foundation, could obtain a renewal of their members bv a domestic supply, whereas the former could only receive it. from the alien parent establishments in Europe, to which they belonged, and this source was closed by the conquest.- The latter might avail themselves of a permission from His Majesty to elect new members after the conquest, tlie former could not. The means which appear to have beers resorted to by the Seminary, since the death of the sur- vivor of its membei's who continued to reside in Canada after the conquest, to supply the requisite succession in the persons composing it, namely, the introduction of aliens, members of the Seminary of St. Sulpice at Paris, to- assume places in the Seminary at Montreal, I am hund)!/ of opinion have been illegal. The conquest having had the effect of severing the Seminary of ^lontreal altogether from the Seminary of St. Sulpice at Paris, no title to ai corporate right in the former could be derived from the latter after that event, and persons subsequently admitted to be members of the latter Seminary could, therefore,- have no claim, on that ground, to be members of the former. Besides, as being aliens, they would be disquali- fied from bein^:: so. Accordinr^ to the law of France and the law of this Province as it now stands, aliens and ^ven denizens are mc ipablo of being members of a corporation. [ beyond the ■iulpice, who s uo persons' al, who wcror it Parisj and /(id from ther ! duration of nited to th<» da ; and the or 1796, ther tiaie by the" and also thef listino'uished le Province,, lies of their lembers bv a ily receive it pe, to which he conquest.- nission froin; nquest, tlie iO have been of the sur- in Canada uccesrsion in oduction of at Paris, tc am hund)ly having hacJ altogether title to » Id from the |y admitted therefore,. lers of the le disqnali- Trance and and vven t)rporatioQ, llio f'roiicli law as it was recnved into this ProviJu-e l>'[i*yT to the conqucrit was parliculaily rigid on this heath Pothier, one of the best writers on that law, in his ""TraiU des jjersormcs,^'' says, " Ltis etrangei's ne peuvent m posse ' " der un bcnelice, ni tonir uu ollice, ni faire a\Jcune I'oiiction " publique dans ce royiiunie." Ai i he refers to an ordin- ance of 1431, " q«i rend les etrangers, de (pielque qualito *' qu'ils soient, incapables de tenir archyvtches, evechcP', •^ abbayes, dignites, pvieurcs, et autres beuehccs, de qiielquw " nature qu'ils soieiit, en Fran(.'e," He also states that this disqualification extended to the clii will) Ivave ahsnnicd to themselves a cofpnvate ckiir* Acter, under the name of the Seminary of Montreal. By these remedies, I am humbly of opinion, the rights of His Mnjesty may in all particulars be secured and Uiaintainrd. All wliich, nevertheless, is most respectfully submitted to Your Excellency's wisdom, by Your Exceilencv's Moat obedient limnble servanL J. STUART, Attorney. Generalv Quebec, 10th Decemben 1828. LETTKR TO LORD AYLMER, RESPECtING THE POLl* TICAL STATE OF LOWEH CANADA, AUGUST, 1853. BeauporT) 14tth August, 1833. Mr Lord, — I have been honored with a communication of Your Lordship's letter of last week, to Colonel Craig, in Which you were pleased to mention me, and the extract of Mr. Stanley's despatch of the 6th Juno, to which that letter refers. From the tenor of this despatch I am ltd to believe that His Majesty's Ministers entertain a correct idea of the nature and tendency of the proceedings of our House of Assembly in the last session, with regard to the Supply Bill ; and I would fain persuade myself that the Secretary of State may yet be induced to call the attention of the Imperial Parliament, during its present session, to the Act of 1st William IV., for amending the Act of 14lh George HL, with a view to the repeal or suspension of the Amend^ ing Act, till such time as the several branches of the Pro- vincial Legislatui*e shall concur in a constitutional Bill of Supply. It is evident that the leaders of the Assembly, and their agent in England, have, for a series of years, been pursuing a course calcuiatad to deceive His Majesty's Ministers, to annihilate the constituiional power and inthience of the Crown in this Colony, and to check emigration from the parent state. 4 i im "*^w^ Dtreal. II, the rights secured and ly submitted :. GeiieraK THE POLt* FGUaT, 1863. 'uat, 1833. annunication mel Craig, in he extract of which that believe that idea of the ur House of the Supply lie Secretary itioii of the , to the Act 4lh George the AmeiKh of the Pro- nal Bill of r, and their len pursuing (linisters, to ?uce of the from the \( the pl'epdslerolis [>rbtetisions of the As!ini(>n b*;t\veen us on thd Bul)ject of its contents, and of this I believe you will be convinced wJien you become acquainted with the contents of my despatch of yestei'diiy's dat<^, in re]>ly to Mr. ^Stanley's despatch of 0th June, which 1 have directed Lieutenant Colonel Craig to comnmnicate to the Executive Council^ previoni?ly to forwarding it to England by the river. The contents of the July Mail (received here this morning) do not throw any new light on the iinancial question, the view of which a])pearB to have undergone no change in Downing Street. It is to be remarked, however, that the receipt of my despatch of the 13th May, (which accompanied the opinion of the Law olliccFj of the Crown.) is not acknowledged, and therefore it was not probably received wlien the mail bag was closed in Downing (Street. It may be that those opinions will have the eft'fjct of producing some change in regard to the construction of the Act of 1 and 2 Williaiu IV. I remain. Dear Mr. E-ylmKi, Your very faithful servant, AYLMEK. IwETTRE DE M. L. FROMENTEAU, CONTEKANT QUELQUK DESCRIPTION DE GASPJ^, ET AVIiSSUU SES COURS Dt) JUSTICE, A MR. J. A. PANET. Quebec, 15 Mars, 1*794. MoNSTEUB, — En ce que vous m'avez fait I'honneur d(3 me dire, que ce serait vous faire plaisir que de vous donneP tine petite description du local du District de Gaspe, je vous prie d'agrecr cello que je vous en donne ci-dessous. Je commence : Ristigouche est la partie de ce district la plus eloign© de Quebec, en etant distant de 180 lieues, plus ou nioins j la riviere de ce nom a environ huit lieues, de son embou- chures, aux ilots, ou commence lea rapides, elle est hordes de St, 1833. tluuilcs fov' t. 1 believe us on the you "vvill be he contents Ir. Stanley's Lieutenant ive Council, I'ivf'i". [ here this be iinanciiU Klergono no ceipt of my tiie opinion rledged, and le mail bag iG eftfict of struction of XMEK. Iquelquk IcOURSDli J, 1V94. lonneur d(3 )us donner Gaspe, je ji-dessou9. lis Eloign© )u moins j embou- Ibordes de 437 tenvs fort hmito'^, ot do montaijno.et; un petit noni])re d'firt- bituns, un viliii^'O 8auva;;-o, et une c'u'lise v sont elablics. Le sol en est bon et tre« proprc a l'a_i>-iicultuie. Environ 1500 a 2000 tier^ons de saumons y sont poches anniielle- ment, dont la valeur pent ctro de 3 a 4000 louis du cours; plusieurs lopins considerables de terrain y sont concedes, la cultivation dcsipiels est encore trop nouvelle pour pou- voir juger du sacces rprelle y aura. Depuis la Nouvelle de Cai'leton a Maria, cet espace qui est de six licues est tout etabli ; environ 180 lauulles y vivent en jj^rande partie du ])roduit des terres (pfils y cnl- tivent. A Carleton une eglise do TO pieds de long sur 4v do large y est construite, et ici lo cure missioniuiiro fait sa residence ordinaire. Kichmond, qui n'est soparc de ^laria que par la Baio de Caskapaya, peut avoir 20 a 25 habitans, qui tous cultivent, et font la pechc du saunuui. Hamilton est le pi'omier otablissemont de cette baio, ayant eu lieu en 1762 par 9 families canidienues, dont le noni- bro peut otre anjourd'liui de 30 a 40 families, les<]uelles tirent en grande ])ai'tie la vie et I'habit du produit de:* terres qu'elles cultivcnt; il en e:t ainsi de la plu|);irt des liabitans depuis la Nouvelle de CarleLon, y compris Rich- mond : ici une clta]>elle est construite. Les revenus annuels des tei'res do ces diffcrontos parties peuvent etre considcrcs valoir aux |)roprietaires depuis 20 a 50 louis, eu egard au ]mx que toutes clioses s'y vendent. Tous ces liabitans ont Iceufs, chevaux, vaehes, moutons, et autres animaux du pays, dont les dillerentes especes s'aug- mentent considerablement. Deux moulins a eau pour les grains y sont construits : I'un est a Carleton, et Tautre a Bonaveuture, surnommee Hamilton; et un troisicme a et 5 construit a Carlisle Fanneo derniore. Carlisle porto lo nom de villo ; elle a ete comm.encee par les royalistes en 1784 ou 1785, et la cour des plaidoyers communs otablie en 1787. Cette place est au centre do la partio la plus h.abito du district ; los xerros de ce nouvel etablissement joignent a colics d'Hamilton et de Paspebiac, ce qui comprend im es[>a('e de trois lieues, dont les tei-res sent concedes et eu grande partie cultivo avoc succes, lo > t .. ., u \M. '1 . 'i 1 ,1 y 'yii .J;i 438 sol eii 6tant fort boii; Ic notiihre des habltans qui y sont resto peut etrc de HO a 40 families, dont la plupart vivent d« knirs travaiix rurales. Pasj)el>iac Cft un ctablissenKMit ou il y a 25 a 30 families, lesrpielles poohcnt beaucotip et cultivent ])eu. La Noiivelle, le Port Daniel, I'ahean, la (Jrande Riviere et le Cap Desospoir, sont des peiiplades qui ne sont com- posees (jue d'uii petit uombre de fainilles chacune, lesquelles pechent beaucoup et cultivent peu. ]Vr( o, rile do Bonaventure, le Baracliois St. Jean, la Pointe St. Pierre et la (;!randc (^rave, sont des peuplades dont les habitans vivent presijue totalement de la peehe; le noiubre des families (|ui y sont tixees peut etre de 60 a 80 au moins, dont une petite partie cultivent quelques terres. Ku 6t6 un u^rand concours de peuples pocheurs, de dirterens eudroits, y viennent pecher et commercor, dont la duree peut etre de 4 a 5 mois, durant lesquels beaucoup d'attairos ont lieu. Douglasstown, (jlaspe, et la Riviere aux Renavds sont des etablissements dont les habitans sont en grande partie ngriculteurs, mais qui tons font aussi la peche du saumon et de la morue ; le noinbre des families qui resident dans ces ditterents eudroits peut etre do 60 a 80 au moins. L'espace entre Ristigouche et Gaspe peut etre de 60 a VO lieues; la communication des etablissements entre Gaspo et le Port Daniel, et de Gaspe a la Riviere aux Renards, ne peut en ete etr- eft'ectues que par eau, et en hiver tres ditHcilement par lerre, pour cause qu'il n'y a point de chemins ouvert entr'eux, et qu'ils sont separes par des bales, bois, montagne? et rivieres : il en est a peu pres la meme chose entre le Port Daniel et Ristigouche, car en hiver, dans tout ce district, on ne peut y voyager qu'en raipiettes, aveo des chiens pour trainer les choses indis- pensables a de tels voyages. Les bles, pois, avoines, orges, lins, racines et legumes de difterentes especes y viennent a perfection. Les deux-tieis et meme les trois-quarts des habitans de ce district sont Acadiens et Canadiens, et le reste de ditferentes nations. Par la description veridique ci-dessus, je pense. Monsieur, que \'ous concevrez aisemcnt, que rHonorable Chambre s qui y 8ont lupart vivent ,1 25 a. 30 ,'ent ])eu. ancle Riviere ne sont com- ne, lesquelles . St. Jean, la les peuplades le la pec.he; fetre de 60 a ent qiielques pocheurs, de mercer, dont lels beaucoup ienards sont jrande partie e du saumon ■esident dans inoins. etre de 60 a entre Gaspo 11 X Renards, n hiver tres a point de res par des peu pros la 3lie, car en yager qii'en OSes indis- et legumes habitans de |e reste de Monsieur, Chainbre 439 a ete tro!* nial informee do la vrai situation du District do Gaapd, loqucl inorite sa sage consideration ; ot do plus, qu'il est absoluuiont impossible qu'un soul juge y puisso administrer la justice, a la convenancc du peuplo qui I'habite, particulicreinent en etc, saison dans la(|uello toutes les grandes attaires s'y font dans le memo temps, et dans toutes ses parties depuis Ristigouche a l*erc6, et a des distances tres considerables les unes des autros. Or, s'il n'y a (ju'un seul juge, pourra-t-il administrer la justice partout et dans le mome temps i Non ! car pendant qu'une partie des gens d'atfaircs a Perce jouirons du benifice do son ministere, ceux de Ristigouche et de Carleton denieu- reront en souttVance, et exposoe a des pertes certaines, par tol privations. Par ce qui precede, je con^oit que si la legislation ne resout pas d'accorder a ce grand district, qui est a une distance de 100 lieues de C^uebec, troisjuges, qu'elle ne pent se dispenser de lui en accorder deux, qui entendent 6galement I'anglais et le fran<;ais, de meme aussi les greffiers, et de les etablir de la maniere qui suit, savoir : De former deux jurisdictions dans ce grand district, dont la premiere comprendra le Port Daniel et Ristigouche. La seconde comprendra Pabeau, et le reate du district jusqu'au Ca)) Chat. La premiere de ces jurisdictions aura au moins trente- deux lieues d'etendue, dont le siege sera a Carleton. La seconde aura quarante a cinquante lieues, dont le siege sera a Perce dans chacune une cour y sera tenu chaque quinze jours. En cas d'empechement quelconques, comme de maladies, interets, et autres definies par la loi, et cas imprevues, les juges se supleerons, dans I'une ou I'autre des jurisdictions. Les juges pourront juger pour toutes sornmes et affaires quelconques. Aucun appel ne pourra etre intente que pour sornmes au-(lessus de £15 sterling. Aucun circuit n'aura lieu, vu les dangers et les diflicultes de les faire. £250 seront alloues aux juges, et £50 a chacun des greftiers, en sus des honoraires autorise par la loi. Trois mois apres le jour du jugcnient seront alloues pour les appels. till il !ii! I . ,f hi I fi. Ifii i) 440 Lcs dofauls siinples par la loi do Imlt joura Fornnf, pro- loiii,^rs do <|iiiiizaiiio vn (jiiinzaiiio, lo socoiid del'aut do quin/aiiio, ot rexociitioii Huivra inmiediati'iuctit lo juufo- iMutit, ainsi los exocutioiis no sortinuit quo do (|iiiiizo jours en (juiu/o jours du jour du juixcinout, oxfopto dans lo oas do douMo dt'faut, loipiol sora stuvis do Toxooution iuuno- diato du jugcMucnt, pour soniuios au-dossou8 do €15 stor- Jiii^s, ot quatro jours a]»ros la dato du juijouioiit, si acto d'appcd nV'st pas fait dans cos quatre jours, tilus uu groti'e, et cautions fournis scion la loi. A rcufard du criniiiiel c'ost un oLjot do la plus irrando iin))ortati('(; j)Our co district, eu oerc'tio do la plupart dos jufjfos a ])aix do ce distii(;t. A Toofard dos (\/urs do sessions, olios ne pouvent avoir lieu, vu qu'il est tres ditKcile d'y avoir dos coips do jures, et (|Uo c'est fort dommaj^eable pour ceux <]ui sV rendent, done aucun corps do jures ne devrait etro soniniees quo dans les cas qui les ])ourrait recjuerir. ]?our n'etro pas troj) })rolixe jo nie renfernuM'ai a ce qui precede, et conclu par mo diro etro avec, tons los ugaids rcsj)ectueux oui vous sont dues, Monsieur, Votro tres humble, tres obeissant servitenr, L. FROMENTEAU. Monsieur J. A. Panot, 6cnyer, NOTES BY JACQUES VIGER, ESQ., I. Sur la prise du VUlar/e de St. Regis par les Americains durant la derniere guei-re avec les Etats-Unis. " On the 23rd of October, 1812, a party of near 400 " Americans from Plattsburp;, under Major Young^ surprised " the picquet at the Indian Villag-e of St. Regis : 23 men " were made prisoners by the enemy, and Lieut. Mottottc, " (*) a Sergeant McGUlivray and six men were left dead. (*) Ecrivons, Rototte, J. V. ■^■. ; I pcrnnt pro- l clolhut do 'lit lo '}\\i^o- Huliizc jours I (l;iii8 In can [turn iimno- lo £15 ster- Mcut, si acto 6s all greli'e, plus If ran do md oloijj^iie- it I'jittentioii \ daiiffCMCux Sa M.'ijcste, CO district. Hiveiit avoir ps do juros, s'v reiidcnt, )3niiices quo nii k CO qui Ics cgards vitonr, ^ITEAU. ii imericains near 400 i', surprised 23 men t. liottottCj left dead. 411 *• The pictjuet eonslstod of a d»'(alus correct, le tenant do Mr. lioupe et de Mr. Wm. Hall,, tonioins oculaires, et qui, coniiue on va voir, out lii;ure dans cette allaire : a eux done la responsabilito des (lutails (pi'on va lire, dont jo nie porte volontiers garant, vil la respectahilito dea narrafeurs. Co recit est encore ineillt, et forme part et poi'LJon do Ma Sfxherdor/w, d<^ssier Meu, tome IF, p. 1(58. " Le Caj)itaine Ue Monthjiiif etait resident a St. ileitis " a titro d'ititorprete des Sauvaifes de ce villaife, mais n'y " avait point do commandement niilitaire. Tous lea " Sauva,i;-e8 sujcttt Anf/ldla otaient absents du vlllaij^e, et oil " service sur la frontiero, a Texception de trois seuleiiU'iit " (pii etaient a St. Koj^is. Les Sauvaijea a)>pelea Ameri- " cuius y rosidaient en bon nombre. Messires Roiipe et " Marcoux y etaient en qualito de niissionnaires. (*)" " Le 10 Octobre, le Capitaine McDoniull y viut pren- dre poste avec I'Enseijjjne Rototte (que M. Christie fait Lieutenant) et 48 Voj/ar/eurs Canadkus. M. le Lieutenant Wm. Hall joio;nit ce detachenient le 17 au soir, sur I'ordro du Lieutenant-Colonel McGUlivraT/, commandant le "corps des Voyageurs Canadieiis." " Des lo lendeniain de son arrivee a St. Regis, M. Hall re^ut avis, et le coniniuniqua a son capitaine et a M. Do Montigny, que les Araericains, niecontents de la venue de ce piquet, parlerent de venir I'attaqner, et Penlever si possible; et il conseilla, dit-il, a son ollicier commandant de se retirer dans une ile qui est en face du village. On rejeta son avis avec une espece de dodain. Dessentinelles furent placecs hors et a distance du village, dont il otait du devoir des subalternes de faire la visitc a diverses heures du jour et dc la nuit. (*) M. Marcoux deservait sous M. Roupe en appreuant la lauj^uo sauvage. II eatra dans la mission en 1812, remplaja M. liuupe eu 1813, et qnilta St. Regis pour Ic Sault. ■ : ' I • 4 ' h ';'t ■li W 111. M If! hi I (i ,fe 442 " Dans la joiirnee du vendredi 22 Octobre, iin de nos ti'ois Sauvages, siijet loyal, et sur leqiiel on pouvait se fier, vint iivertir de nouveau le commandant, qu'etant alle ce jour aux lignes et meme au-dela, il avait vu qu'il se faisait certainement des preparatifs hostiles contre le poste de St. Regis. M. Hail renouvela son conseil de se retirer a I'ile, raais MM. McDonnell et De Montigny furent encore d'opinion de n'en rien faire. Enfin, entre qiiatre et cinq heures du matin de samedi le 23 Octobre, par une nuit extraordinairement noire, et au moment mdme ou M. Rototte, de retour d'une de ses rondes exprimait a M. Hall ses craintes d'une attaque prochaine, et que le dcta- chement ne pourrait repousser, le village se trouva en effet cerne sur trois faces par au moins 300 Amcricains (infanterie et cavalerie,) qui Hrent aussitot une decharge de mousqueterie sur la maison, eclairee par un grand feu, au-devant de lequelle les deux subalternes et le sergent McOillivray causaient ainsi, sans se douter que I'ennemi fut aussi pres d'eux. " L'Enseigne Rototte venait a peine de clore le calcul de ses apprehtmsions par cette triste reflexion, " Est-il possible que Vobstination de notre chef nous expose ainsi d une mort sans profit et sans gloire ? quand il fut etendu mort sur la place, et le Sergent McGillivray grievement blesse dans les reins (*) par le feu de cette premiere decharge. M. Hall se jeta dans la maison, pour y cher- clier du secours. II y trouva peu de ses hommes; le capitaine venait de la quitter, et le detacheraent etait disperse. Une seconde decharge eut I'eftet de tuer un voyageur du nom du Prospay, (f ) et d'en blesser plusieurs autres, un surtout du nom de Felix. " Pendant cette fusillade a la maison du Capitaine McDonnell, un parti d'Americains avait ete s'emparer de M. Roupe^ et il le vit amener par eux nu tete. Tout se termina la, M. McDonnell s'etant rendu prisonnier; et il ne fut echange aucun coup d^ feu de notre part. M. Roupe fut aussitot relache que pris, et reconduit a son — I ■ 11.11 ■■^ — -.11 l.» !■ ■■■■- M il. I ■■■■ II III— ■■— 111.— .— 11.^ — ■» ■- ,,, (*) Mort depuis de sa blestiure. (f ) Perce de huit balles, (M Hall,) il etait de St. Francois du Lac, et 86 uommait JMiolaf, (Reg. v.v St. Regis;). — J. V. !, un de nos ivciit Re fier, tant alle ce I'il se faisait le poste de se retirer a rent encore atre et cinq >ar une nuit feme ou M. imait a M. que le dcta- 3 trouva en Americains ne decharge n grand feu, t le sergent [ue I'ennemi )re le calcul [on, ''• Est-il 'pose ainsi d tut etendu erievement e premiere our y cher- ommes ; le ment 6tait e tuer un r plusieurs Capitaine 3mparer de Tout se [nier ; et il part. M. luit a son Lyoia du Luc, 443 logis par un dragon ou cavalier francjais du parti ameri- cain, qui I'afiiibhi au retour, de son bonnet iiiilitaire, en s'en decouvrant poliment la tete. On lui recommenda d'enterrer les morts et de soigner les blesses, ce qu'il proniit de faire. M. Man^oux n'essuya point les avanies de son confrere niissionnaire : il dut d'y echapper a la prudence d un des engages de leur maison, qui, au pre- mier bruit des mousquets aniericains, songea a se mettre tout d'abord en surete, et ne le lit pourtant pas en egoiste, car il entraina de force avec lui M. Marcoux, . . et ils s'al- lerent tons deux refugier dans un appartemont noir du bas de la maison, servant de ceiidri^re, d'ou ils sortirent un pen salis, lorsque la tranquillite fut retablie dans le village. " Les Aniericains que commandait un Major Younr/ se retirent bientot de St. Regis, enimenant ])risonniers a la Riviere-aux-Saumons, les Capitaines McDonnell et De Montigny, le Lieutenant Hall, et tvente-sept voyageurs, laissant derriere eux onze de ces niemes liomraes tant mort que blesses et egares. De la Riviere-aux-Saumons ces prisonniers furent conduits, des le lendeinain, a Platts- burg, d'ou ils furent tons renvoyes en Canada, le 6 Decembre suivant, sur parole de ne point servir, officiera et soldats, jusqu'a ce qu'ils fussent regulierement echan- ges." (Vrai extrait. — J. V.) " The Americans," ajoute M. R. Christie, " in plunder- ing the village found an Ensign or Union Jack in the house of the resident interpreter, usually hoisted uj»on a Hag-statf at the door of the chief on Sundays or Holy-days, which, said the American Major, in an order issued upon the occasion (not a little proufd of the achievement) tvere the Jirst colours taken du iig the vmr ! I ! (lb., page 63,) 1846.— J. V. Albany, Zn. Y., 24//^ August, 1853. Sir, — Tn the third volume of your History of Lower Canada (page 399.) wliich I regret has but recently come under my notice, I find the following: "An excited multi- " tude, headed and led on by Mr. Tracey himself, had set " at defiance the Special Constables, <;:[ l:!ia so fell* as the same relates to Mr. Tracey's headiiisf aud lead- ing on an excited multitude it is incorrect, and nowhere can you lind an authority worthy of an impartial historian, to warrant you in making the statement you have made so far as the late Mr. Tracey is concerned. At the time I was a resident of Montreal, and from my own personal knowledge was cognizant of the fiict that Mr. Tracey did all that one man could do to allay an excitement which was principally caused by the tactics of his oppouents in procrastinating the election by bringing only one voter within each hour to the polls, a pra:tice at that time which the law sanctioned in Lower Canada. Therefore, in jus- tice to the memory of a departed brother whose good name and I'eputation is dear to me and to my children, I respect- fully call your attention to tlie error you have committed in his regard, and request an early correctioii of the same, an error which I suppose was caused by erroneous impres- sions, and not from the malignant desire to defame the memory of the dead. Although Mr. Ti-acey was a political opponent of yours, yet I will expect this justice at your hands. The man who aspires to be the historian of a coun- try that is destined to greatness will have magnanimity enough to do justice to the memory of a political opponent who now lies mouldering in his grave. Tn this hope permit me to subscribe mvself Your obedient servant, JOHN TRACEY. Robert Christie, Esq., The above was received at Gaspe in September, 1853, while on a tour of business to that district, and should have had a place in volume 5, but by oversight was omit- ted. The dilfi(;ulty of uscertaining the precise facts attend- ing untoward events in times of intense public excitement is but too well known. On this unhappy affair the ditler- ent newspaper reports of it were consulted, and the state- ment here quoted was gathered from those which then seemed to me, by all I had heai'il of tlie matter, nearest the truth. I must, however, say that by recent, and I believe, ng aud lead- ed nowlievo ial historian, 1 have made t the time I wn personal . Tracey did nient Avhich )ppoijent.s in y one voter time which fore, in jus- 3 good name n, I respect- 3 committed of the same, 30US impres- defame the IS a political :ice at your m of a coim- ingnanimity ill opponent lope permit RACEY. iber, 1853, uid should was omit- cts attend- excitement the dili'er- the state- [hicli then learest the I believe. 445 better information given me, to which I give credence, it seains that Doctor Tracey's bearing, with respect to the mass assembled on the occasion, anil exceedingly excited, was really not as represented. That on the contrary, he was in the a;-.t of quietly retiring in company with a fi-iend or two at the moment when the troops tired upon the multitude, and not engaged in leading them on. That Doiitor Tracey took an active part in the politics and aofitation of the times in which he lived is far from discredi- table to hiin. What true patriot does uot take an interest in the stirring political atlairs of his country ? Would we this day enjoy in Canada the political freedom we do, with the government of our own local concerns, had such agita- tions never taken place ? For the rest. Mr. Tracey does but justice in believing the passage to which he has caUed my attention, to have been caused by no "malignant desiro to defame the memory of the dead," and his belief will, I tiust, should the present meet his eye, be confirmed. R. C. Quebec, May, 1855. Full scope having been freely afforded Doctor Wolfrec. Nelson to explain himself in the previous volume on the misunderstanding subsisting between him and Mr. Papi- neau's friends, arising out of the untoward afl'air at St. Denis, in November, 1837, it is in equal justice due to Mr. P. and his friends, to put also on record what they have to say on the subject. The following addressed to me by L. A. Dessaules, Esq., is therefore inserted, with which it is to be hoped this most unsatisfactory discussion will be at an end. R. C. St. Hyacinthe, 16 Mars 1855. R. Christie, Ecr., Quebec. MoNSiEUK. — Je lisais, il y quelque temps, le cinquierae volume de votre interessante Histoire du Canada, etjosuis tombe, a la page 230, sur un post-scriptunj contenant quel- i 446 t r-f n Jilt It \ Mil IH 1. it nn guea extraita d'une lettro a voii8 ecrite par le Docteur Wolfred Nelson, en date du 24 Mars ISo^^. Cette lettre contient des explications au sujet de la polemiqiie qui a en lieu entre le Docteur et moi, comme dot'enseiir de M.Papi- neau, a propos du depart de ce dernier de St. Denis, le 23 Novembre 18 V. Ces explications ne font rien autre cliose qu'une nouvclle attaque coiitre M. Papincau et centre moi personnellement ; attaque tout aussi injustifiable que les preccdentes, et con- signee dans un ouvrage que personne, dorenavant en Ca- nada, ne negligera de placer an premier rang des livres utiles et instructifs, dans sa bibliotlioque. Ce n'cst done pas cette fuis une agression passagere comme la feuille d'uu journal, c'est une attaque qui subsistera aussi longtenips que le livre qui la contient. Les explications du Docteur contenant sur mon propre compte, et a I'ogard de M. I'apineau, des avances entUrc- ment inexacts, je ne puis les laisser ])asser sans rcponse a ceux qui viendront apres nous, car la defense a droit au m^me caractere de permanence que I'attaque : et comme elles contiennent de plus un aveu tres important en faveur de M. Papineau, je dois a celui-ci, dont je me suis constitue le defenseur, de prendre acte de cet aveu dans I'ouvrage meme ou Ton est venu affirmer de nouveau les calomnies de 1848. Je n'ai rompu le silence que par suite de cette nouvelle tentative de perpetuer des accusations que je sais etre faus- ses. Dans des matieres de cette importance, le silence est Bouvent pris pour un aveu formel. J'ai certainement autant de droit de dofendro M. Papi- neau que le Docteur Nelson pent en avoir eu de I'indiquer comme point de mire au mcpris public ; et j'ai, de plus que le Docteur, le devoir de continuer ma defense d'un homme deloyalement attaque. Voila, Monsieur, pourquoi je viens reclamer quelques pages de votve sixieine volume, comptant avec toute con- fiance sur rimpartialite dont vous avez dcja fait preuve, et qui me parait caracteriser particulierement votre excellent ouvrage. Avaat de passer a I'examen de la lettre du Dr Nelson, 'I 447 jo crois devoir etablir quellcs otaieiit los positions respec- tivos dos parties a la suite de la discussion de 1848. Lediinauehe, 21 Mai 1848, le Dr. Nolson alia (aire uno visite a ses oleeteurs du Couito do rticlielicu, ot fit des dis- cours politiqucs aux portcs dos oo-lises do St. Aiine, St. Baniabo et St. Judos. II tit puMicr ccs discours dans la Minervc Ui $ !«! ,, ■ v' I ■ i 111 i< m ii^ I:: If; '■ hi ll: 448 St. DcTiis que par suite ties injonctiorta 'positives, ct des insftfnccs pro^srtutcs ct reiterccs du Dr. Nelsou. Je ells (jue Ics amis du Docteuv prctcndaknt (Jemnntrer, etc., et que mo'\ je j^yonvais, etc. — Voici pounjuoi. Qu'uu lionune decide a s'cclaivor cousciencieusementRur la questiou alors en litige, lise aujourd'liui Ics ternoii^nages produits au soulieii de IViffii matiou du Doctcur, il verra que tons ccs temoir/nogoi, sans exception, se reduisent aux deux pro])ositions suivnutes : " Je n'ai pas vu M. Papiiieau en ronversation avec le " Dr. Nelson le 23 Novembre 1837 ;" ou bien : " Le Dr. " Nelson, en revenant d'une excursion au devant des trou- " pes, est descendu de cheval devant la jnaison de Mme. " St.-OenTuiin, ou il est cntre, et u'en est sorti qu'apres " labatnille. Tl n'a done ])as pu dire n ^F. Papineau, avant " la bataille, de laisser Sr. Denis.'' Vuila ce que seize tonioins, y compris le Doeteur, ont dit. Les temoignages produits contre M. Papineau sont done 2)nremcnt ne/jaiifa : c'est-a-dire que les tcmoins du Doeteur affirment qu'ils n'ont ni vu vi evJendu celni-ci parler a M, Papineau a une certaine heure. lis uientle I'ait, parce qu'ils n'(-!n ont ])as eu connjiissance : en d'autres termes, Us ad- mettent qiCils ne savcnt riea ! Voila, en vcritc, quelque chose d'accablant ! ! ! D'autres disent que le Doeteur, ctant dans la maison de Mme. J^t.-GenuMin, n'a pas pu aller cliez lui, et parler a M. Papineau. Mais il I'Cy avait que c.oit verges de la maison de Mme. St.-Germain a la sienne. 11 a done pu aller ehez lui, et n'etre pas absent plus de cinq minutes ! II a done pu revenir a la maison de Madame St.-(:fermain avant qu'on se soit apercu qu'il en fut sorti I Avec une distance de trois milles d'une mai>-.on a I'autre, I'induction que I'on a tiree du fait de sa ])r6sence clioz Madame St.-Germain c'^t eu boaucoup de plausibilito et de force : raais avec cette faible distance de cent verges elle ne signifie plus rien ! J'admets noanmoins qu'en I'absenee des temoignages affirmatifs que j'ai publics, rinduction des ennemis de M. Papineau eut pii etre consideree comme strictcment accep- table. Malheureusement pour le Doeteur etles siens,j'ai trouv6 plusieurs teiuoins qui ont affirme sous serment qu'ils m 449 AVAiENT vu 1(3 Dr. Noli-ou piulcr H M. J'a]»ino;iii d;iiis ct deVi'viit sa |)ropre iiiaisoii, d llicure nieme vu Ics auircs pre- tcmlaknt rjuil tCavaitiai lefairc : ct (Ju'IIsavaiiiInt entenpu le Dr. Nelson, d cctle mcme hcarc^ [>rior M. rapiiitau do s'cloigiicr, ct hil onlomiLT iiieme do le fain?, on liii ropre- sentant quo si lo mallieur voulait qu'il f'ut tiu'', la resistance devcnaii iiialile. J'ai done donno, inoi, dos ])i'enves dir<'cU?s, positives, elahlissaut aJJirmat'uHnuiit le fait nio par Ic Doetour et ses amis. Or, aux yeiix do tout liomine dei^en.s, sacliant ce quo c'est qu'uTie prcuvo, la nopitioii qu'un fait quelcoiiquo ait pu avoir lieu est necessaii\*ment inise nu neant par I'afllr- ination a«sermentee de I'existonco reelle du fait contoste. Le Dr. Nelson, avec ses do negations, est done precit'C- ment dans la position du preveuu qui nic le delit dont on l'aceu«e, inais qui est confondu par le temoignage de ceux qui Vont vu le (tonimettre. L'affaire en etait restee 1<\ et les enneniis de M. Papinoau avaient fini par en piendre lour parti, quand le quatrieme volume de votre Ilistoire du Canada est veuu faire craindre au Dr. Nelson, par la nature des approeiations, pourtant bien impartiales, que vous aviez faites aprcs avoir cile une partie de ses temoignagos et des miens, que ce ne fut lui et non M. Papineau qui restat coinpromis daus I'avenir. ]i vous a, en consequence, ecrit la letlre u laquclle je "^'ais main tenant re pond re. Le Docteur commence ainsi ses explications : " Even after the order of nature, I must, ere long, render *• an account to mv IMaker, of my deeds here below. AVell, " Sir, I fear not to\>,all MY GOD to witness that on the " mornino- of the 23rd December 1837, I did not order " Mr. Papineau to desist from his intention of o-()iiii>' to "join our compatriots to do battle with them against the " troops that were coming up ! I... A cette assertion du Docteur, voih\ les preuves que j'ai opposees : lo. Augusiin Fontaine depose sous serment : Que la veille de I'engagemont, a six heures du soir, il a entendu le Dr. Nelson dire qu'il fallait que ^L Papineau s'eii allat, parcc qu'il ne pourrait el re remplacc, s'il etait tue. h ' 1 IP' 4 •I . ml'' F'rf 'I S m i « H'! i >* ;It iijLiiiyfisi I, ife ' «raf^^Ki P',-' " il4ii ill- 460 2o. Frs. Menard depose : Que le jour de la bataiile, vers six heures du matin, il a entendij le Dr. Nelson dire a M. Pa})ineau, qirayant etc 61u CominaiKlant, il lui r/urmait Vordre de s'absteiiir de com- battre, et do niettre sa personue en sCirete. 3o. Louis Brodeur depose : Que le 23 Novenibre IS;?"?, entro huit et neuf heures du niati. , le Dr. Nelson, devant sa propre maison, lui a 11, IP -• s'il voulait preter son cLeval pour conduirc M. l';'.].*!!K'. a St. Ilyaciiithe. ' •. ■. -.Is Lapro depose : Qi'.e peu ;'. temps avant la bataillc, entre neuf et dix heures du rnatin, il a vu le Dr. Nelson devant sa maison, en eonversation avec M. Papineau, et qu'il I'a eutendu dire a ce dernier qu'il devait partirde suite, ujoutant qu'il valait mieux perdre les deux tiers de ceux qui otaiexit la quo M. Papineau seul. 5o. Henri Lappare, Notaire, depose : Que (|uand, peu d'instants avant la bataille, le Docteura donne ror''''e de Fe rendre a la maison de Madame St.- Germain, j1 a expressement oi'donne a M. Papineau de s'eloijxner. 6(). Moi meme., a neuf heures du matin, j'ai entendu le Dr. Nelson, dans sa propre maison, insister fortement a ce que M . Papineau s'eloignat ; et M. Papineau ayant observ6 que s'il partait dans un pareil moment, cela pourrait decour- ager leurs amis, et Vcxposcr lui-meme, plus taud, d de graves rcproches; le Docteur exigea, du ton le ])lus amical et le plus persuasif, que M. Papineau se rcndit d la raison^ ne s'exposat pas, et partit. Yo. Louis Dragon depose : Que peu d'instants avant I'engagement, le Dr. Nelson i'intbrma, ainsi que plusieurs aulres, qu'il avait dit a M. Papineau de partir, ^x •e tout ce ie, et sont iitier I S'r, •opre fc:ati&- iilc. 463 tapaoe, do souluver ainsi mer et mondo contre M. I'apineau, pour en arriver, linalcmciit, a cet avou i Er, si anparavant siL^uitlait la vcille et ravant-veillo, comnio c'eist noces-iaifcnioiit et eas capital, quelrjuo ciroouslance nouvi'lL- et iinpievue (jiii ait puchangvr, (!ti jour aul«.'i\deMiain, ladotcruiiuation evidi-nti.', prouvcc et adtiiue aiijoin'd^h/n, du Docfeur sur ce [loiut : *' Ne pas pornicttre a M. Pnpiiicau de sVxpoi-cr aux chances " d'un combat T' EvidcinuuMit non, ]niis(pio le nocicur no I'a jamais dit. Pour ne pas se nn'ttre vnrorc itncfois en contrailiction aveo lui-mcme, le Docteur devait, dans ses explications do 1853, douner les raisons pour lcs(|nc'lles, ap.es avoir dit u M. Papincau do partir, il s'etait cru cu droit do lui rejiroclier nO!i depart. Une circonstancc impro- vuo, survcnuodu 22 au 23, pouvait,saiis douto, rendre raison d'un pareil cliangemcnt ; mais au moiiis I'allait-il la rapjie- ler 1 Rien d'imprevu no survenant, on devait naturellenient tenir, le 23, a la decision du 22 ; vu surt(Mit la raison sui- vanto, en vortu de laqu(ille le Docteur adniet, en 1853, avoir am ct» 1837 : " That without him nil resistance icould he. zomvailinr/y Comment done se fcrait-il, avec une pareillo conviction exprimee alors a tant de j^ersonnes, et que le Docteur admet avoir cue, " que M. I'apineau mort, tout le mouvement de " cetto cpoque out etc t';iit en pure perte," comment done se forait-il quo le Docteur out eto assoz indilTeront a I'ave- nir de I'oBuvro a laquello i! s'associait, pour ne pas mettro a Tabri do tout ris(iue la vie du seul liomme, qu'a tort on a raison, il croyait capable d'assooir cetto a"!uvre sur des bases solides et durables ? C'eiit ote non ]ias seulemcnt de I'indifierence, mais une inexcusable etourdcrie ! Maintenant, pourquoi le Dr, Nelson n'a-t-il pas fait, en 1848, I'aveu qu'il est venu faire en 1853 ? I'ourquoi, en 1848, a-t-il si inraridhlement nie qu'il out jamais dit a M. Papiiieau de partir ? Est-il honorable pour le Dr. Nelsou d'avoir sciemment cache, en 1848, uu fait qui attcnnait toujours un peu les pretendus torts de M. Papineau ? Si, par passion contro son ancien ami, il a fait, do j)ropos deli- ber6, uno aussi grave reticence, ne peut-on pas, sans de- x2 4bi I' ' h ' loyautf' soiip(;onner qu'il n |>n on tairo (raiitrcs ? PiiisqtiMl H c.ic.liu imu it;irti(! cs^onticlle do l;i voriic', en 1848, il u'elait ('(itic, |>,'i-s strictiMiiiMit siuciTc, sfrirlcmdif fot/(t/ vuvcta M I'apini'aii ! Son Ic'irioio-najTc iretait done j'us uussis/nc- tem^nt consriencintx qu'il s'est phi a lo dire ! ! En dc'inii'io analyse, les contiwlictions et Ics avoux dii Doc.tour niu paraissent nullificr coniplrteniont sos accusa- tions : et los pronves que j'ai prodnitcs me paraissent (\6' moiitrer i)L'roniptoireinent (pK; sos dcncgalions et celles de ses amis icislent sans la moindie valour. Maintenant quels motifs le Docteur assigne-t-il a sa con- duite ? ]t6i)ondant a utic romarqlie que vous avioz faito " que Topinion i>;6n6ralo vous paraissait otre (pio le Doctour aurait mioux ao-i en gardant le silence sur cc snjet," il dit : " Had Mr, 1* — 's most indiscreet nej-hew Mr. 1) — , not " said he had seen me, on the mornin<»'of the battle, wrest " a gun from liis uncle's liands, and order him to keep " away, I should not have been at the pains of proving " that he liad j)laced himself, by his gratuitous volunteering " to screen Mr. I' — , in a most reprehensible position, in " asseverating a thing that was not. Indeed, it is mainly *' due to this extremely inconsiderate young man, if ever " any o|i(.'n breach took place between Mr. Tapineau and " mvself." Voihi done la raison d'action du Docteur dcfmie et expli- quoe par lui-meine. " M. Dessaulles a dit des faussetes, et voila pourquoi j'ai " parle. Cost lui surtout qui est la cause de ma rupture " avec M. Papineau." En admettant, pour un moment, que j'aie dit ce que le ])r. Nelson me pr^te tout ffratiiitcmcnt, M. Papineau ne pouvait raisonnablement pas ctre tenu pour responsable de mes paroles : d'aulant plus que le Docteur m'ayant souvent, en 1848 et depuis, fait la favour de me traitor d'indiscret, d'inconsidere, d'ecervele, il etait infiniment injuste de faire remonter a M. Papineau la responsabilite des dircs (Vun itourdi ! Cette raison ne prouve done gueres en favour du profond jugement de celui qui la donne, mais il y a plus. Le Docteur a, malheureusement pour lui, commis une 6norme inadvertauoe, en me rcprochant d'etre, par I'asser- :;» ? PuisqliMl (Ml 1848, il t loifid Clivers lus aussi stric- • , Ics avcux dii t SOS nccusa- paraisseut (16- is et cellt'S de 2-t-il a sa con- oz faito " qiu! l)()ct('in' auiait ' il (lit : Mr. 1)—, not e battle, wrest him to keep ins of pvoving IS volunteering e position, in , it is mainly man, if eVer 'apineau and cfinie et expli- pourqiioi j'ai le ma rupture lit ce que le Papineaii ne l-esponsable de jiyant souvent, hr dMndiscret, lijuste de faire les dircs d'un en faveur du il y a plus. commis uno J, par Tasser- 455 tion qu'il m'attribue, la cause do sa nipture avec M. Papi- neau, car la d6(;laratioi. faite par nioi a laquclle le Docteui* fait allusion, en la di'^tiLjurant. c^franp^cment ; car mon a^i- davit cnfin, dans biquel j'aflirmo que j'ai entc .du le Doetcur supplier M. I'apincau de laisser St. l)c>nis, EST rOSTE- RIKUli d tous ses ecrits contre M. Papineau. Citons les dates : Les ocrits du Doct(»ur contre M. Papineau out 6t6 \m\)\\(.'& le 25 Mai, lo 6 Juin, le 10 et le 24 Juillet, et sa declaration faito sur riionneur, le 21 Aout 1848. Or, ma propre decla- ration, datoe du 23 Scptetnbro, a etc pnb/.iev^le 1 Octohre, c'uK] mois apris la premiere attaqiic du Doctcur ! Et cclui- ci (lit quo c'est moi (\\\\ I'ai forc('; de |)ailer ! ! Et il mo traito d'otourdi dans la phrase menie oii il commet une aussi risible inadvertance ! ! Mais CO n'est pas tout encore ; " Si M. Dessaulles n'avait pas dit, (dit le Docteur,) quMl " m'avait vu arracber un fusil des mains de son oncle, je " n'aurais pas etc oblige, etc., etc., e^c." Ceci est qu('l(]ue chose de plus qu'une inadvertance, car c'est une pure fable inventee tout exp' es pour I'occasion. Je n'ai jamais dit telle chose, quelqu'indirectcment que ce soit. Je rCui jamais ecrit vne lif^ne, jamais dit un mot yui etit le moindrc rapport d cefait. Le Docteur a done fort malheureusement choisi ses motifs. " I opposed Mr. D. B. Vigor in Richelieu, and from " that moment young D — young P — attacked me in the " most scurrilous manner, and attempted to ruin me in my " county." En supposant que le jeune P-— et le jeuno D — aient fait tout cela, (;e que je nie formellement, cela ne justifie gueres I'attaque du Docteur,c ar M. Papineau etait en France alors^ et n'en est reveuu qu'un an apr(3s la luttc du Docteur contre M. Viger. " I had palpable proof that he (Mr. Papineau) lent himself " to some intrigue to destroy me in the opinion of w^> " electors, and accused me of being the cnuso of the risitig " in 1837. It was then only I was compelled to ace in my " own defence." Aj'n article du 31 Mai, public le 6 Juin. Ce n'est done pas de M. Papineau qu'est venue I'attaque. Apres cet ecrit K; Docteur a public trois longues lettres toutcs plus agressivcs, plus acharnces les unes que les autres, et M. Papineau n'a pas repondu un mot. Com- ment done peut-il avoir etc I'aggresseur ? — Ses neveux m'ont repondu, a dit le Docteur, — excellente preuve que ce n'etait pas M. Papineau : admision tbrmclle que le Docteur n'a pas etc attaque par nous. Non, le Docteur n'a pas ete plus sincere dans ses expli- cations de 1853 que dans ses attaques de 1848. Chercher aujourd'liui a faire retomber sur moi la responsabilite de cette regretiuble lutte, c'est commettre d'abord une grotes- que naivete, c'est adraettre ensuite qu'on n'avait pas la moindre raison plausible a donner. En s'attribuant aujourd'liui des raisons d'jtgir aussi insou- tenables, aussi evidemment controuvees, aussi gauchement inventees que celles que I'on vient de liie, le Docteur a prouve qi ^ la passion seule I'a guide, sinon I'interet. Les motifs qu'il s' est attribues en 1853 ne pouvant pas etre ses vrais motifs, nous avons maintenant le droit de reclierchor ceux-ci. Vous les aviez parfaitement indiques et analyses vous- meme, dans un paragraphe de la page 535 de votre qua- 46S ht ,5 i IH'^ rV i < if h 1(1 ; f J 7 trieme volume. Le Docteur, en 1848, etait alors passf^ torps et dme sous la tutelle (Tun outre patron, dont il esperait recevoir iine indemiiite pour les peites qu'il avait subies en 1837. C'etait pi'iucipalement Pespoir de le voir obtenir cctte indemnite, qui avait porte ses creanciers du Comte de Riclielieu a faire de si grands eflbrts en 1844, pour relire a la place de M. Viger. Un de ses partisans les plus intluents et en meme temps son creancier me disait, en '• 1845 " : Je sais bien que le Docteur ne pent etre compare " a M. Viger, mais M. Viger n'aurait pas eu le meme into* " r^t a nous faire indemniser que le Docteur." Si M. Papineau n'etait pas rentre dans la vie publique, le Dr. Nelson n'eilt, sans aucun doute, jamais dit un seul mot contre lui, car jusi.^i>'en 1847, il avait invariablement temoigne a M. Papineaw ia mome estime, la meme con- fiance, le meme respect, la meme affection qu'avant I'insur-' rection. II n'avait jamais parle de M. Papineau, en public et privement, que sur le ton de la plus vive sympathie. C'est lui qui, en 1 839, avait fourni a la Revue Democratlque les nombreux details qu'elle avait publics sur la vie publi- que et privee de M. Papineau, dans lesquels chaque phrase etait un eloge et une sanction de sa conduite. Le Docteur s'etait querelle avec son propre frere, et cela au point de cesser tons rapports avec lui, plutot que de reconnaitre les torts qu'il attribue aujourd'hui a M. Papineau. Au retour de M. Papineau, en 1845, le Docteur alia lui faire visite, et la meme cordialite continua de regner entre eux. Avant le discoursdu Dr. Nelson, publie le 25 Mai 1848, M. Papineau ii* avait jamais dit, ni puhliquement ni prive- ment, un seul mot qui put deplaire au Docteur. Celui-ci n'a jamais cite un seul mot qu'il put reproclier a M. Papi- neau. Mais quand M. Papineau, sollicite par plusieurs comtes, eut enfin consent! a se laisser elire, et osa dire, sans con- suiter M. La fontaine, que ceux qui avaient accepte I'Union avaient trahi les plus cliers interets du pays, grando fat I'irritation parmi les amis de ce dernier. Chacun s'etait largement case, chacun dormait tranquille sur sa part du butin : le Docteur savait que M. Lafontaine, une fois Mi- nistre, proposerait une loi d'indemnite : une agitation conptitutionnelie, qre I'on croyait M. Papineau dispose h ^1' 459 iprovoquer, compromettait tons ces interets et toutes cos esperanccs : on dccida done, dc joucr le tout ]»our le tout, et de deconsidcror M. Pn])ine!Ui ou de porir a la peine. II ne s'an^issait plus que de troitver rinstrumont. Le Docteur fut indiquc, et apres avoir fait semblaut de se faire prior un pen pour sorvir ainsi de projcclile a uneimmense jalousie de coterie, il Unit i)ar se laisscr lancer sur M. rapiueau do toute la force de sa soif d'indeinnito. Je n'affirmerais pas sans doute qu'il ait formellement fait marche de scs services, mai? il en a certainenient ete payc. Que ce soit par ^f. Ilincks plutot que par M. Lafon- taine, comnie le pretend le Docteur, cola ne change rien a I'atiaire, et je pretends, nioi, que c'est par tousles deux. A part I'emploi d'Inspecteur des Prisons, a £500 do salaire annuel, (pi'il occn))e aujolird'liui, il a re^u, tant pour ses creanciers que junir lui-meme, une soninie qui excedo QUATOUZE MILLE LOUIS. Vous avez done etc exeessivement modcre dans vos appreciations de sa conduite et de ses motifs. Je crois niaintenant avoir reusssi a dcmontrer : lo. Que M. Papineau a ete iiijustenient accuse par le Docteur Nelson. 2o. Que toute la responsabilite de cette niallieureuso querelle doit letoniber sur le Docteur Nelson soul, qui a publiquenient attaquc M. Papineau sans que celui-ci lui en edt jamais fourni le moindre pretexte : qui, sacliant que. M. Papineau s'etait retire de la lutte, n'en a pas moins persiste a Tattaijuer toiU comme sHl s^eiait (Jefcndu^ droit qui ne lui ctait pourtantpas inierdit : qui a seuldevodeles secrets de cette epoqne^ sans se soucier le moins du monde du ridicule qui en rejaillirait necessairement sur la cause qu'il avait epousee ; et qui enfin, quand il a cru devoir expli- quer ses motifs, s'est compromis par cette ex})lication memo, et par les contradictions et les assertions incxactes qu'elle contient, ])lus fortement encore qu'il ne I'avait fait en premier lieu. Les explications du Docteur out done tourne contrelui- meme, et n'auront sevvi qu'a rendre plus claires, plus ind6- niables encore, la passion qui I'a guide, la haine inexplica- ble qui I'a inspire, et peut 6tre m§me la convoitise qui 460 I , I' V I'a pousse. II s^est fiiit a lui-mome tout aiitunt de m-A pal* ses aveiiy et scs inadvertances quo j'ai j'ainais pu lui en faire par mes preuvcs et nics rcponses. Cela prouve que quoique I'on fasse, la ra'ison a toxjours scs droits, contre lesquels, par la scule Inyique drs evenc merits^ viennent tOt ou tard echouer la sottise^ les prejages oic la calomnie. — (De Balzac.) J'ai rhonneur d'etre, Monsieur, Avec la plus haute consideration, Votre obeissant et devoue serviteur, L. A. DESSAU LLES. f. ,; KKtJ OF VOLUME aiSTlt* ^^'i .1 ■ t de inal par i pu lui en prouve que wits, contre viennent tOt :alomme. — De Balzac.) ULLKS. :J-1 '■fill! fn- M 1 ■ r ' 1 ( 1 1 [<• « i «'^S INDEX TO THE DOCUMENTS AND CORRESPONDENCE CONTAINED IN THIS VOLUME. Page 1. — Extract from a publicatiou on affairs of Canada, by Baron Mazeies 11 2. — Letter fi-om Lord Grenville, to Lord Dorchester, relating to the Constitutional Act for the Canadas, 2t)th Oct., 178'.*. 16 3 — Extract of n letter from Duke of Portland to Mr, President Russell, respecting pelection of York as the seat of Gov- ernment in Upper Canada, 22 4. — Proposal for raiding a sum to aid in carrying on the war, refused \>y Gen, Pre>cott 23 5. — Memorial to the Duke of Portland, by six Members of the Council. c(miplaining of Gen. Prcscott, 26 6. — Rept^ition of the '■ame, and appendix, 27 7. — Letter from the Lord Bishop of Quebec, (Doctnr J. Moun- tain.) to Sir Robert S. Milnes, respecting the state of pub- lic education in Lower Canada. 1' tli Oct., 1799 S3 8. — St. Subpician I- states, revenue and expenditure of 19th February, 1810 41 9. — F.xtiact of despatch from Lieut. Gov. Milnes to the Duke of Fortliind, relative to education in Lower Canada,... 48 10. — Extract of a desimtch from the Duke of Portland to Lieut Gov. Milnc'H, relative to the establi>bment of Public Schools in Lower Canada, 49 11. — Letter from the Duke of Portland to Chief Justice Osgoode, 26th July, 1800 50 12. — Letter from the Duke of Portland to Lieut. Gov. Milnes 6th January, 1 801 52 13. — Extract of"a letter from Lieut. Gov. Milnes tt» the Duke of Portland, relating to the value <^f waste lands of the Crown, 56 14. — Despatch from Lieut. Gov. Milnes tn the Duke of Port- land, relating to the Revenues of the Jesuit Estates, 18th February. 1801 56 15. — Despatch from Lieut. Gov. Milnes to the Duke of Port- land, complaining of the conduct of Chief Justice O.-goode, 2fitb March, 1801 58 i 464 hr m 10.— 17. 18.- 19. 20.- 21— 22.— n } 28. 24.- 25. 26.- 27. 28.— # 29.— i SO. 81. 32. 33. 31. Pa^c. Despatch I'loin Lieut. Gov. Milncs to the Duko of Port- land, rchiting to waste hindjj and grantees of the Cnnvu, llih August, 18(1 1 63 -Despatch from Lieut. Gov. Mihics to Lord Hobart, st>lie- iliug au increase ot salary, Ist March, 18t»2 65 -Kxlriiet of a de-patch from Lord liobart, signifying the King's approbation of tlie appro])ria'ion of laiuls fur the eudownit'iit of public ISehuols in Lower Canada, Uih September, ISDo 68 -lietuni of the incomes of Clnu'ch livings, (Prote-taut,) in Lower Cauadii, by the Loni Bishop, 2nd June, 1804 68 -Ex: met of a lelter from Mr. Rylaiid, respect in.i^ Tiotestant Churcli establi•^llnlents in Lower Canada, and Komau Cath- olic pi'iesihood, (fee, (but not stated to whom addressed,) 23rd Deeeniber, 18u4 72 Minute of a conversation between the Rev. Mr. Plet^sis, Coadjutor, and Jonathan Sewell, Esq., Attorney General of Lower Canada, 27th March, 18()5 74 Letter from Mr. Uyland to the i.ord Bishop of Quebec, (then in England,) announcing that Mr. Fle-sis was to be admitted bv Mr. Dunn, the President, to take the oatli in Cniinc 1 as Superintenilent of the Roman Catholic Cliurch, and finally as " Bishop of Quebec," 2nth January, 18()6. , . 82 -From same to tlie same announcing appointmeut'of Rev. Mr. Panet as Coadjutor, 3rd February, 1806 84 -The Attorney Gen. Seweil's Report to the Lieut. Governor, re^•pecting the cause of Bertraud and Laverque, 86 -The Attorney General's muyciis dHnlerventiun in the afore- said case, 88 -Mr. Kylaud to the Loi-d Bislmp of Quebec, giving an account of Sir J. H. Craig's arrival at Quebec, 17th Oct., 1807 92 -Sir J. H. Craig to Lord Castkreagh, recommending the appointment of certain Legislative Councillors, 15th Aug., 1808 96 Sir J. H. Craig to Lord Castlerengli, concerning the system adopted witJi respect to grants of the waste lands, 13th November, 1808 98 Sir J. H, Craig to the Earl of Liverpn-il, relating to his seizure of the pre, s, and arrest of Mr. Bedarii and others, 24th March, 1810 101 —Sir J. H. Craig to the Earl of Liverpool, explaining his reasons for di>solvin§ the Parliament, 8uth March, 181o.. 102 —Chief Justice Monk's opinion relative to the right of erect- ing pari>hes in Lower Canada, 112 — Observations on the political state of Lower Canada, by Mr. Ryland 117 — Hints for a Prociamatiou, bv Mr. Rvland 121 — Project of an Institution for the advancement of learning, by Mr. Ryland 122 I'V' 165 ^ Page 35.— Mr. "Rvlanri to the Earl of Liverpool, r>l«t, isiu 128 ^9.— Mr Ilvhind to Sir J. II. Otiiij-, littli Aiurust, iSlo 13u 40. — Mr. Rvlaii I to Sir .1. JI. Cr.iig. (fuoloxuig C(.py ot ii k-lter Mr. IV.-l,) Utii Aniru-l, ISlo 138 41.— Mr. Rvlmid to Earl Spciici-r, lOtli August, 1810 140 42.— Mr. Rylan.l to Sir J. li. Cn.ig, 231(1 August, 1810 141 43. — Momoria! of mcrcliauts iiti'ie-tcd in the irntlc and fisher- ies of tln^ Riiiisli Xorlh AincMCui Colonies, to tlie P^ail of Liverpool, 3r(l September, 1 8 1 ( i 147 44.— Mr. Rylaiul to Sir J. H. Craig, 1-t September, 181() 149 45.— Sameto the same, 8th Septenilior, 1810 152 40.— Sir J. H. Craig to Mr. Rvlaiid, loth September, 1810. . . 163 47.— Mr. Rvland to Sir J. II. Craig, llUi September, 1810. . . 158 48. — Lord Liverpool to Sir. J. IL Craig, with o;.inions df the Crown Lawyers, ou certain Canadian matters, 12th Sept., 1810 ". ICO 49.— M.-. Rylaiid to Sir J. H. Craig, 2n(l Oct., 1810 Iti2 50.— Sir J. H. Craig to Mr. Ryland, 26th October, 1810 103 51.— Sir J. H Craig to Mr. Ryland, fitli November, 1810 lt:4 52.— Sir J. H. Craig to Mr. Ryland, 9th November, 1810 I6ti 53.— Mr. Ryland to Sir J. H. Craig, 9th November, 1810 168 54. — Same to the same, loth November, 1810 170 55. — Same to the same, 27th December, 1810 173 66. — Same to the same, 13th J muary, 1811 174 57— Mr. Ryland lotlie Lord Bishop of Quebec, 14th Jan., 1811. 176 58.— Mr. Ryland to the Right Hon. G. Canning, 28lh Sept., 1810. 178 59.— Mr. Canning to Mr. Ryland, 29th Sept., 1810 n9 60. — Mr. Ryland to Mr. Caiming, in reply, 2ntl Oct., 1810 18 ; 61.— Sir J. "H. Craig to Mr. Ryland. 16th Jan., 181 1 Ibl 62. — Resolves of the Asseml i y, relating to Pierre Bedard, Esq., 24th December, 1810 188 63.— Mr. Ryland to Sir J. H. Craig, 4th February, 1;11 UO 64.— Same to the same, 11th Feb., 1811 191 65.~Mr. Ryland to Mr. Peel, with a " Statement" relative to Canadian affairs, 11th Feb., 1811 192 66. — Same to the same, enclosing Bishop Pjessis mandemenf, concerning the Pope Pius 7th, with a " statement," 19th Feb., 1811 196 67. — Answer of Mr. Peel to the same, 19th tcb, 1811 199 68.— Mr. Ryland to Sir J. H. Craig, 5th March, 1811 200 69. — Mr. Ryland to the Lord Bish.p of Quebec, '.th March, 1811. '-02 70. — Mr. Ryland to Lord Liverpool, with a znemorial, 13th March. 1811 20S 71.— Mr. Ryland to Mr. Peel, 21st March, 1811 206 72.-831116 to Sir J. H. Craig, 3rd April, 1811 207 \'r li' :f I «i; 1 1 1 ! IGti 7S. — Siine to tho ^ame, 7th April, 1811 209 74 — Siiiiu! to ilic yaniii, 1 1th April. 1811 211 76.— Same to LifUt. CI. J'honiti.ii, Htli April, 1811 212 7H.— Same to Mr. I'e.-l, 22u I April, iSll 213 77.— Same to Sir J. II. Clnii^'. 7lh Miiv, 1811 215 78.— Same to Mr. IVel, !)th .Miiv, 181 f 2 17 79.— Satiii- to tlio saiiKf, loth Miv, ISll 219 80.— Sir J. li. Cratg t(. Mr. liyland, ttli .Iiiiks 1811 220 81.— Mr. RyLiiid to Mr. Pfcl. 17 Juu.', 1811 223 82.— ^amo to the sunn*. 27tli Juno. 1811 226 Sy. — Mr. Peel to Mr. Rvlaiid. (wiih the opitiioiH of ihe Law Offioera of the Crown,) 8tli July, 1811 227 Si. — Attorney (General Sewidl's opinio i relating to the St. Sul- pii'i-iu Estates at Montreal, 231 85. — M(!morantlunj ofquiintity of lauil granteil in (J.mada, pre- vious! to tlu! conquest, 248 86.— Mr. Rylmdto Mr. Pei-l, lllh July, 1811 248 87. — Mr. Peel to .Mr. Rvland, with au enclosure, 12ih Julv, 1811 ". *. 251 88.— Loid Liverpo(^l to Sir J. H. Craig, JJlst July, 1811 252 89. — Meuioraudum of huuU held in niortmiiii' uy the Roman Ciitholie Clergy 253 90. — ^Mr. Rvland to' Sir J. H. Craig, 29th August, 1811 254 91. — Mr. Ryhind to .Mr. Peel, (with a eopy of a letter from Bishop Ph'ssis,) 24th Nov., ISll 256 12. — Same to the same, 23rd Dec, 1811 261 9J — Same to the same. l>t Feb., 1812 261 94.— Mr Ryl.md to Mr. Peel, 21lh Feh.' 1812 265 95.— Same to the svme, 2nd March, 1812 266 96.— Geo. Hanisou to John Cfddwell. E-q., 19th Feb., 1812. . 2(i9 97.— Mr. Kyliind to Mr. Pe. 1 24th March, 1812 269 98. — Queries by Mr Peil to Mr. Rylimd, and the answers,. . . . 270 99.— Mr. Rylaud to Mr. Peel, 1 Ith' April. 1812 272 100. — Abstract of letters from Mr. Kylaiul, during his stay in England, to Gov. Sir George Prevot 272 101.— Ml. Rvland to Sir George Prevost, 4ih June, 1811 275 102.— Sir George Pievost to Mr. llyland, HOth July, 1811 277 103. — Mr. Ryland to Sir G. Prev. .st, (with copy of Bishop DenaulVpetition to the King,) 24th Julv, 1811 278 104.— Sir G. Prevost t.. Mr. Ryland, 7th NoV.. 1811 280 105.— Mr. Ryland to Sir G. Prevost. 2-i Aug., 1811 282 106.— Sir G. Prevost to Mr. Rylaud, (duplicate,) 30th July, ISll 284 107.— Mr. Ryland to Sir G. Prevost, -Jth Sept., 1811 284 108.— Sime to the same, 3rd O.-t , 1811 285 109. — Same to the sanje, (vi-ry important,) 5th Dec, 1811 287 llo.— Same to the same, 2nd Jan., 1812 288 111.— Same to the same, 9th Jan., 1812 290 112.— Same to the sap-\e, 6th Feb., 1812 291 ill 167 Paqe 113.— Snmc to tlio same, 4rh Mnrch, 1813 294 114. — Same to the Piiiiie. 6th Mairl), 1812 25)5 lift.— Mr. llyliuul to Kuil Sp-ncor. 14tli A.i<,'t>^t, 1812 290 llti. — Mr. K.vlniid t* Lord l,ivoipool. I'.Hli August, 1812 297 117._Siime't<) the siiiiic. Inth Muy, 1813 J5t)0 2 18.— Mr. iWhind to Sir G. Pn-vo^t, 5th April, 1813, 3()l 119. — Mr. Ryliiiid to Eiirl Spoucer, loth M;iy. 18i:i 3u3 120. — Sir J. II. Craig to Lord Liverpool, smd correspondence relative to Mr. Kylaiid's appointment to the Legishitive Coiineii 305 121. — Diaft of Letters Pati'nt for the apjiointnu-nt of a Super- intendent ot' tlie Roman Catliolie Chnreli in Lower Can. id. i, 308 122. — Extracts of letleis between Mr. Uyland and Mr. Brenton, relating to the title to be given Air. Plissis of Rmmtn Catholn' /iislinp of Qiichrf 312 123. — Memoire an poutien de la reqiiete des habitan-t du Bas- Canada, an Piinco Regent, 313 124 — Remarks on the above by C. J. M, 324 125. — A brief review of the political state of Lower Canada dining the last seven years, bv Mr. Ryland, May, 1814.. . 328 126.— Mr. Rylaud to Mr Amiot. I'oth September. 1817, 342 127. — Despatch from Lord IJ.ithurst to Sir John C. Sherbrooke, ri'lative to the impeachment of Judge Foucher, 5th July, 1817 344 128. — Opinion of the Law Oflicers of the Crown on the above,. 345 129. — Ob-icrvaliou^ par I'PIon M. Debntzch, relati . ca an droit qu'a le Con.-eil Legislatif d(! jnger dess accu.sations port^es par la Chambre .I'As-endj'ec. 1818 348 130. — Ml-. Ryiand to Sir John C. Slierhiooke, relative to the impeachment <»f Judge Fouclier. 19th Nov., 1817, 852 131. — Same to the same, ou same subject, wiih reasons why a Commi-sion should not issue to eoipower the Legislative Council to take cognizance of the case, l?'>th Dec, 1817,. . 355 132.— Sir John C. Sherbrooke to .Mr. Ryiand, 15th Dec, 1817, 358 133. — Sir J. C. Sht'rbiSuminary of Montreal, 1st June, 1819, . . 367 140.— Rev. Mr. Roux to Col. Ready, 14Ui July, 1819 870 ..1^... •^^.^a IMAGE EVALUATION TEST TARGET (MT-3) 1.0 lii I.I 1.25 150 1.4 1^ 1^ 2.2 1.6 m

ln>p (if Qii Ik'C (ui Lord Batlunst's letter relating to tiio trial of Judge Fouclur, 29lli January, 1821, 394 144. — Extract of a letter by Mr. Ryland, relating to the Govern- imnt of Lower OaoMda, Octobtr, 1822, 395 145. — Conespoudence of Lord Dalhou>ie with Mr. Speaker Vallieres dc St. Real, November, 1823 396 146.— Lor.i Didhousio to Lord Bathnrst, loth Maich, 1824,... 4U4 147.— Sir F. Burtou to Lord Daliiousie, 5tb June, 1824 406 148.— Same to Earl Bathurst. 7th June. 1824 4U7 149.— Same to tlie same, 25th July, 1824, 4o8 150. — Same to the same, 24th March, 1 : 25 411 161. — Karl Bathurst to Sir F. Burton, 4th Jane, 1825 412 152.— Sir F. Burton to Earl Bathurst, 25th July, 1825 414 163. — Same to the same, 4th May, 1820 417 154. — A Military man's ideas on the Cuustitution and Govern- ment of Lower Canada 421 155. — Attorney General Stuart's opinion respecting the Semi- nary of Montreal, 10th December, 1828 424 156. — Mr Kyland to Lord Ayltner, on the political state of Lower Canada, 14th August, 1833 434 157. — Lord Aylmer to Mr. Ryland, in answer, 20th Aug., 1833, 436 158. — Louis Fromenteau to the Hon. J. A. Panet, 15ll> March, 1794, 436 159. — Notes by Jacques Viger, Esq., on the affair at St. Regis in 1812 440 160.— Letter from Mr. John Tracey to R. Christie, 24th Aug., 1853 443 161. — Letter from L. A. Dessaulles, Esq., to R. Christie, relat- ing to the misuntlerstandings between VV. Nelson, Esq., and Mr. Papineau's friends, 15th March, 1855 447 1 w; 9.' 19 885 lui Jati, 182 i, £92 Ik'C on Lord idge b'ouclur, 394 o the Govern- 395 Mr. Speaker 396 iiicl), 1824,... 4U4 !, 1824 406 4U7 4U8 411 1825 412 1825 414 417 and Govcrn- 421 ing the Semi- 424 itical state of 434 h Aug., 1833, 436 , 15ll» March, 436 ' at St. Regis 440 ie, 24th Aug., 443 )hristie, relat- son, Esq., and 447