."^K •^o ^ .0>^^^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I If ilM IM ■^ 1^ ill 2.2 li: 1^ ill 2.0 1.8 !.25 1.4 ^ ^4 6" - ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. HS80 (716) 872-4503 o z ^ "^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. v/ D D D Coloured covers/ Couverture de coulaur f~n Covers damaged/ Couverture endommagie □ Covers restored and/or laminated/ Couverture restaurie et/ou pelliculde □ Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes giographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en coulaur Bound with other material/ Relli avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serree peut causer de I'ombre ou de la distorsion le long de la marge int^rieure D Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ i\ se peut que certaines pages blanches ajoutAes lors dune restauration apparaissent dans le texte, mais, lorsque cela itait possible, ces pages n'ont pas iti filmies. Additional comments:/ Commentaires suppi^mentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a iti possible de se procurer. Les details de cet exemplaire qui sont peut-^tre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m^thode normale de filmage sont indiqu^s ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagies □ Pages restored and/or laminated/ Pages restaur^es et/ou pelliculies Pages discolourad. stained or foxed/ Pages ddcolor^es, tachetAes ou piquees Pages detached/ Pages ditachees Showthrough/ Transparence Quality of prir Qualiti inigale de I'impression Includes supplementary materii Comprend du materiel supplementaire Only edition available/ Seuie Edition disponible I I Pages detached/ r~n Showthrough/ nn Quality of print varies/ r~n Includes supplementary material/ r~n Only edition available/ D Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata. une peture. etc., ont 6t^ film^es i nouveau de facon a obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ca document est filmi au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X Mi^-' 1 Mil trails I du odifier ' une mage The copy filmed here ha* been reproduced thanks to the generosity of: Douglas Library Queen's University The imeges appearing here are the best quality possible considering the condition and legibility of the original copy and in Iceeplng with the filming contract specifications. Original copies In printed paper covers ere filmed beginning with the front cover and ending on the last page with a printed or iliustreted impres- sion, or the bacic cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated Impres- sion, and ending on the last page with o printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol -^ (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever applies. ly/laps. plates, charts, etc., may be filmed at different reduction ratios. Those too lerge to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplalre film* fut reproduit grAce A la gAnArosM de: Douglas Library Queen's University Les images suivantes ont tt6 reproduites avec le plus grand soln, compte tenu de le condition et de la nettet* de i'exemplaire f ilm«, et en conformity avec les conditions du contrat de fiimage. Les exemplaires originsux dont la couverture en papier est ImprlmAe sont filmfo en commen^ant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'iliustratlon. soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont film6s en commenpant par la premiere page qui comporte une empreinte d'impression ou d'lllustration et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparaltra sur la dernlAre image de chaque microfiche, selon le cas: le symbols -^ signifle "A SUIVRE", le symbols V signifle "FIN". Les cartes, planches, tableaux, etc., peuvent Atre fllmAs A des taux de rAductlon diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul cllchA, 11 est filmA A partir de i'angle supArleur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants iliustrent la mAthode. rrata ;o ueiure. 1 a 3 32X 1 2 3 1 2 3 4 i • iS TERMINATION OF CORRESPONDENCE BETWEEN SIR MICHAEL HICKS-BEACH, SECRETARY OF STATE FOR THE COLONIES, AND MR RYLAND, RELATIVE TO THE SPOLIATION OF THE LATTER'S OFFICE, AND Bre/^gh of Faith on the Part of the Grown. "Qut NON VETAT PECCARE CUM POSSIT JUBET." MONTREAL : D. Bentley & Co., Printers, 364 Notre I3ame Street. Lr" 1880. I "6 2-0 The VX)\\Waml LORNE PIERCE COLLECTION o/CANADIANA '^tecns University at Kingston M hi' /■ A. ^ I ' I ' ^ TERMINATION OF CORRESPONDENCE BKTWKKN (i^Njy SIR MICHAEL HICKS-BEACH. SECRETARY OF STATE FOR THE COLONIES, AND MR RYLAND, RELATIVE TO THE SPOLIATION OF THE LATTER'S OFFICE, AND Breach of Faith on the Part of the Grown. "Qll NON VKTAT PECCARE CUM POSSIT .11 IlET.'' MONTREAL : D. Bentley & Co., Printers, 364 Notre Dame Street. 1880. ^- Canada. No. 199. V'l Mr. Ryland, 10th April. 1879. Mr. Ryland, 1st May, 1879. Sir M. E. Ilicks-Beach to Ue 3Iarquis of Lome. Downing Steeet, 26th Juno, 1879. My Lord, p .,- . , n ^^*^ roference to my despatch, No. .31, of the 4th of February last, I have the honor to trans- mit to you, copies of the further k-tters, noted in the mar- gill, which have been received from Mr. Ryland, relating to his alleged claim against Her Majesty's Government" I request that you will inform Mr. Ryland that the arguments adduced by him have been carefully con- sidered, but that no direct claim on his part against the Imperial Government can be admitted, and that, apart trom this, there is at present no ground upon which rriv claim for compensation could be based, as it does u.^r appear, from the correspondence, that the Law of the Province of Quebec, of 1875, has had the effect of reduc ing his income below the amount of ^515, sanctioned by Lord Sydenham. You will further acquaint Mr. Ryland, that the Secretary of State must decline to notice any further communication from him which is not sent throuoh the Governor-General of Canada, in accordance witl the established regulations. I have, &c. (Signed) M. E. HICKS-BEACH. /s. y;i, ^i" ClTADKIi, fji'iiUEc, i>th July, 187!). Siu, I iun dosirod by his ExP(>lloncy, tho rrovernor.aeiu'Vfll, to commnniciit.' to you the accompanyini.- copy of a drspatch Irom the Socrolary of State for the Colonics, iicknowl.-duin- thi^ receipt ol iur- ther h'tters from you, with reference to your aUeged chum a-auist Her Majesty's r.overnmcut. I am to draw your atventiou to the conchuling paragraph ot Sir M. E. Hicks-Beach's despatch. I have the honor to l^e, Sir, Your most o1)edieut, humble servant, JOHN KlDl), For the Gorernor General's SecreUiry. G 11. Ryland, Esq., Montreal. Warwick House, Montreal, 20th July, 1870. Sir, His Excellency the Governor General has communi- cated to me vour despatch of the 26th ultimo, with a desire on your part that all further communications from me, should be forwarded through His Excellency. ^ , , , ^ c H'in brinon the Imperial Government who have broken faith with me, and on no other^ In this view, permit me to say, I am l)orneoutby your despatch of the 4th of February last. p . , r a- I have already shown that if Lord Duflerin refrained from dis- ..llowino- the Act of (he Local C^overnment of (Quebec, subdiyiding^my 'ollice for local political purposes, he acted, as it is now admitted he should not under the circumstances have acted, by the advice oi the Dominion Cabinet, who were responsible to him for their advice, as he was rc>sponsible to the Imperial Government, for his ollicuil assent to a xneasure interferhig with the pledges and arrangements ot the Imperial Crown. )urt itch dis- my dhe the IS he to a Derial In your despatch above iiUuded (o, yoii diMtinctly laid it down, that the Dominion GovernnuMit inherited all the riyhts and liahiliticK oi" the Crovcrnment of the Province ol' Canada. And yet with a lull knowit'dii*' of all the facts in your hands, and the power as Her Majesty's Seeretary of Stale for the Colonies, to insist upon the fullllment of Im- perial arrangements, you (lepiuted from the ordinary course in these matters, officially (o exonerate and diseliarge the Domiinon Govern- ment from all liability and obligation, using in doing so, the following unmistakable words : " nor could Her Majesty's Crovernraent require " the Dominion Cxovernment to make any such payment " This voluntary act upon your i)iirt, I contend, carried with it a direct admission that I had to do only with the Government wnth whom I originally contracted No other construction covild be put upon it, for the Local Government of Que])ec, though in the first instance, the unchecked wrong-doer, could not, and did not, under the Confederation Act, in- herit the rights and liabilities of the Province of Canada. This being undeniable, I proceed to discuss tht» remainder of your despatch of the 26th ultimo. I am told that the arguments contained in my communication of the 10th of April and 1st of May last, " have been carefully con- " sidered &c., but that no direct claim on my part against the Imperial •' GoA^ernment can be admitted." Now, Sir, allow^ me to remark, that the communication referred to, contains no arguments, but simply a request that before involving me in an expensive process airainst the Government, attending a Peti- tion of Kight, my case, with the opinion of the highest legal authority in Canada thereon, should be submitted to the Law Officers of the Crow^n in England. There vi'as nothing in such a requ(>st unreasonable or improper, requiring three months consideration before vouchsafing a reply, par- ticularly when you yourself, as I have shown officially, absolved all Canadian authority • from responsibility in the matter. But further on I am told that "there is at present no ground upon which my claim " for compensation could be based, as it does not appear from the cor- " respondence that the Law of the Province of Quebec, of 1875, has " had the ett'ect of reducing my income below the amount of =£515, " sanctioned by Lord Sydenham." Permit me respectfully to remark, that the question is not whether my present office gives me iI515 or i;5,000 per annum. The (|U08lion is : Whiil have I lost ? Tho lUiswtT is plain : Thn " fXress <;'uarantt'('(l to nic, am(»untini;' in rouiul iiuihIkm's to t'li.OOO por ainmin, and the ollicc ilNcli" iifivcn mt; in cxchanirt' for the Inii)tMial (Mlite, which on public 'ht tocompnnsation tor all losses consocjuent on my surrender of office, was years ii^o admitted by both branehes ol" the Lei^islature of Canada, and )»y the House ol" Lords. 2nd. That I have not received (»ne shillinuf on account ol' these losses, lor C'hiel' .Tiistice Carter did not go into them ; nor lor the loss of on«»-halfoi' the income attached to the ollice, I placed in the hands of Her Majesty's Lord Higii Commissioner. Moreover, that as Umy as there was a chance of my recuperating myself out of my oflice, I refrained from pressing the matter on the Government. l»ut th(; case is now enrirely chanyi'd. The arrauffement l)e- tween the Crown and inyself is broken uj) and cancelled, not by any act of mine, but 1)y its own Representative. Under these circumstances, that there may be no mistake, as to the exact nature of my claim, I proceed to set it forth : First, T claim to be put back in the position I held in 1840, and to have the Licome £1,030, attached to the ollice I surrendered, made up to me with interest, from that period to the present date. Skcondly, I claim compensation for the loss of my landed estates and policies of Assurance, sacriliced in the conscientious dis- charge of my arrangerients with Her Majesty's Lord High Commis- sioner. Thirdly, as at the period of the said arrangement, I was entitled under the Act 4th and oth. Will IV., Cap. 24, to retire from the public service on a pension of j£515 per annum. I claim under the same Act, with my increased length of pxiblic service, a retiring pension, e(jual at least to the ollice I surrendered. Aii'ain, respectfully praying that b(»fore driving me to extreme measures to obtain redress, my claim be submitted to the Law Olhcers of the Crown in England, with a view to a prompt and liberal settle- ment thereof. I have the honor to be Sir, Your most obedient servant, G. H. RYLAND. Watiwiok House, Montreal, 2nd August, 1879. Sir, D. With rcfcronco to thcsubjoct mnttor oftho communication I had the honor to addroNN to you, through Ilis lilxct'llcncy the Gover- nor G(»noral, ontlio 'J»!th ultimo. I now vcntiirc to suyifcHt n Kiniph^ and easy mode of arriving at a solution of my claim on Her Majesty's (rovernment, without releroice to the Law tXRcers of the Crown, or the Judicial Committee of the Privy Council. In all matters of importance, alfecting the welfare of the vState or the honor of the Imperial Crown, the Government, I believe, have the right to consult the highest legal authority in the Empire, i. e., the Lord Chancellor. My case is without precedent in the British Colonies. My proposal therefore is, that my case, with the report of the late Minister of Justice, Mr. Blake, and the legal opinion of Mr. Justice Day, and Mr. Justice Badgley, be submitted to Lord Cairns. If this is done without reserve, including all correspondence on the subject to present date, I am prepared to abide by His Lordship's decision. I do not think a fairer proposal could be made. I am entirely unknown to Lord Cairns, and h<^ being unbias.sed, with nothing but the naked facts before him, will have no difficulty in arriving at a just and impartial decision, which will do away with all further corres- pondence and litigation, on the subject. In the hope that this proposal may meet with your approbation, I have placed in the hands of the Governor General's Secretary, for transmission, a printed copy of the case, with correspondence, &c., up to 10th of Apvi' 'ast. Copies of sulisequent correspondence can be fur- nished from the Colonial Department. I have the honor to be, Sir, Your most obedient servant, (Signed) G. H. RYLAND. 8 Governor General's Office, Ottawa, 21st October, 1879. Sir, I am desired by the Governor General to transmit to you the accompanying coi)y of a despatch from the Secretary of State for the Colonies, acknowledging- the receipt of two communications, which you addressed to Sir M. E. Hicks-Beach, with reference to your alleged claims. I have the honor to be, Sir, Your most obedient servant, G. H. Ryland, Esq. Montreal. F. DE WINTON, R.A., Governor GeneraVs Secretary. Sir M. E. Hicks-Beach to The Marquis of Lome. Downing Street, October 1st, 18*79. My Lord, I have the honor to acknowledge the receipt of your despatch, No. 221, of the 5th of August, enclosing two communications addressed to me by Mr. Kyland, with reference to his alleged claims against the Imperial Government, in the latter of which, dated the 2nd of August last, he expresses his willingness to abide by the decision of the Lord Chancellor, or the Law Officers of the Crown, before whom he is desirous his case should be laid. I request that you refer Mr. Ryland to the answer coiitained in my despatch, addressed to you on the 26th of June last. No. 199, and that you will inform him that Her Majesty's Government fail to see that there would be any advantage in submitting the papers to the Law Officers or to the Lord Chancellor. I have. cScc. M. E. HICKS-BEACH. Ottawa, 5th Nov.^mbcr, 1879. Sir, ,, . ^ '""^ ^"'^''^^'^ by tile Govornor Gtmeral to a.knowledl-e the reeeipt of yo^. lotter of the 8rd instant, and to infonn von that His Excellency ^^^H forward the enclosnre ..ntained therein to the Secre- tary of State for the Colonies. I have the honor to be. Sir, Your most obedient servant. O. H. RYLAND, Esq. Montreal. JOHN KIDD, For the Governor Generafs Serretnry. Sir, Ottawa, January 7th, 1880. ^ ^^"^ ^^'^"'^^ by His Excellency the Governor General to transmit to you, for your information, the accompanyino- .opy of a despatch from the Secretary of State for the Colonies. I have the honor to be, Sir, Your most obedient servant. G. H. RYLAND. Esq. Montreal. F. DE WINTON, K.A., Governor GeneroVs Secretary. 10 Warwick House, Montreal, .3rd November, 1879. •My Lord, I have the honor to enclose my re]>ly1o the despatch of Sir Michnel Ilicks-lleach, bcviriny dat<' of the Ist October, 1S79. Tlic loss (() \vhich I have Ix'en subjected by the siibdivision of my oITice. already amounts in round numbers to about $20,000, and the diminiilion of my annual official income may hereafter be fairly estim- ated at Irom 8S.000 to $9,000. A more barefiiccd job in the fac(» of known Imperial arrange- ments, ibr ])oliiical local purposes, never was jM-rpt^trated, and yet Her Majesty's Secretary of State for the Colonies, entrusted as such with the maintainanc(^ of the national honor, and bound thereby promptly to in- tei'fere in my behalf, shields himself behind his official position, not only to condone, but to ratify, the transaction. I have the honor to be. My Lord. Yoi^r Excellencv's most obedient servant. (Signed) G. H. RYLAND. Warwick House, Montreal. ;nst October. 1879. Sir, I ihink it rio-ht at onc(^ to .acknowlediie the receipt of a copy of your disi)a1ch to His Excelleiicy th(^ Marqiiis of Lome, dated 1st October instiiut. in rcjily 1o two communications I had the honor to address to you on the 2tilh July and 2nd of Aureviously officially admitted and conlivmiHl, it is with regret that I haAc now to complain, that from lirst to last, I have been met by you in a s])irit of marked hostility. 11 sind to yon ^ regret met by Tosuehun extent indeed has this been sliown, that thou^'liin your despatch of the *7th of February, 1879, an exphination is uiven why the ordinary eourtesy of a reply to my eommunication ofllie I'Oth Ano'ust, 1878, liad bet>n so lony- withheld — to wit : "That you understood there " was reason to hope I would ace<'pt an arranii'cnieiit which the Earl of "Duli'erin has snygestcd "' — you immediately proceeded virtually to <'on- done the act of the Local Government of Quebec, settinu' aside the ar- rung-onient between the Imperial Government and myself, and directly discharging the L'ominion (foveinment from all lial)ility in the premises. To strnu'ii'le against an achcrse will, especially when l)ack«'d by official power, is at all times an up-hill and dillicull jn-oci'ss. Nevertheless, ])elieving with the late Lord Methest legal authorities in Canada. ])acked by the report of the Minister of .Tus^ii-e, and other high legal opinions in my favor. It was natural to sui^pose that these opinions on a question in- volving, not only the rights of the ''subject, hut the honor of the Im- perial Crown, would have had some weight with Her Majesty's Sec- retary of State for the Colonies. I did not, however, ask you to lie guided by these oi)inions, but simply to submit them with my <'ase to the Law^ Ollicers of the Crown. So anxious, indeed, was I for a peacelul and speedy issue, and so satislied of the justice of my claim, that a few days .siibsequentl)", I offered to leave the whole matter to the iinal decision of one indi- vidual, to whom I was utterly unknown — viz, to Lord Chancellor Cairns. And here, sir, permit me, with the utmost resi)ect for your high position, to remark, that had you conscientiously l)elieved in the justice of your course towards me, you would gladly have availed yourself of an oiler which would have shifted frmn your own shoulders to that of others, all further trouble and responsibility in the matter. I readily, however, agree in the latter i)art of your despatch of the 1st of October, that no advantage would be gained by Her Majesty's Imperial Government, by a reference of my case to the Law Ofiicers of the Crown in England, or to the Lord Chancellor. 12 In the livst instance, the Law Ulficcrs. boimd by their oath would have based their opinion on law, justice, and equity. In the second place, as regards Lord Cairns, he is a nol)leman of not only the hiahest leg'al knowledge and ability, but a man of unde- viatinu' justice, jciilous of the national honor, and prepared at all times to u])h()ld it at home and abroad. Carrying- out, however, to the iitmost the pernicious policy of expediency, which, to the discredit of the Empire in Her Majesty's Colonial possessions, has for some time prevailed in Downing Street, you have elected arl)itrarily to exercise jour oihcial might to crush right and stiile enquiry. Under these circumstances, with your evident ill will towards me, I feel that it woxild be useless to ask you to reconsider your deci- sion. Nothing, therefore, is lei't to me but to pursue a course, v\diich but for my desire for peace, I should, in the interest of my family, have adopted long ago. In conclusion, I would merely add, that if in carrying through my case I am «ompellcd to use documents, which for the (-redit of a late high functionary I would gladly have kept back, you must bear in mind that you have forced upon me a proceeding which on every account I would have avoided. I have the honor to be. Sir, Your obedient servant, (Signed) a. H. RYLAND. S/c M. E. Hic/iS-BeacIt to The 3I(irqins of Lome. DowNixNG Strekt, 13th December, 1879. My Lord. I have the honor to acknowledge the receipt of your Lordship's dt'spatch. No. 310. of the 5th of November, enclosing a letter from Mr. Kyland. on the subject of his alleged claims against the Im perial (rovernment. I re(|uest that you will inform ]\Ir. Ryland that it is not my in- tention to make any reply to his letter, and that I have desired you not to receive any further communications from him for transmission to me.^ I have, was subdivided for local political party purposes, and the arrangement between myself and the Imperial Crown roughly violated, with the subsequent concurrence of Her Majesty's representative in Canada, I In-ought the subject under your notice in the natural loelief that you would consider it your duty to interfere, not to repudiate the promises, but to vindicate the honor of the Crown. I asked no favor at your hands ; I simply appealed to you as Her Majesty's Secretary of State, who has hitherto in her Colonial pos- 14 sesions, heon considcrtHl the official (nistodiiui of the natioiuil honor, that riijht mit^ht be done. Mine was no ordinary case ; it was a claim founded on the written and oflicially acknowledged promises of the Crown, and in forvvardinj^ my appeal, I approached you with all the courtesy and respect due to your hiyh position as a Minister of Stat(>. In the primary part oi your ollicial reply, you indirectly admitted the validity of the claim, followim'' up the admission by liiy- in^f down the nxle. that on Confederation of the British American Colonies, the Dominion Government of Canada took upon itself the debts and lial)ilities of the previous (lovernmeut, then, with singular inconsistency, proceeded lirst to repudiate the claim on the part of the Imperial Government, and secondly, to travel out of your course to whitewash the Dominion Government, under whose advice the Earl of Dixtl'erin, in a mistaken idea of his true position in this matter, sanc- tioned thi^ act of si)oilation complained of. In fact, to sum up, yoii, on the part ot the Imi)erial authorities, with whom I treated for the sur- render of my office, used your ollicial power to shut me out from re- dress, either from the Imperial or the Dominion Government. These are the naked and undeniable facts of the case. That there has been a want of moral courage in dealing- with them every unprejudiced person will admit. It is possible that, smarting- under prolonged injustice, I may in my appeal to you, as Her Mnjesty"s ►'Secretary of State, have expressed mvself in stronger languao-e than is ordinarily used in addressing the nuignates of Downing Street. Ikit two wrongs do not make one right, or do away with the binding nature of an adinitted official contract conscientiously fulfilled by one party, and persistently evaded by the other ; the facts of the contract, and the violation thereof, remain un- changed But thous'h, judging from the tone of your despatch of the 13th ultimo, it is not improbable that you will continue to use your per- sonal and ollicial inllaeuce to debar me from justice ; yet in my entire conlideiice in th(> provi'rbial honor and justice of the British Govern- ment, I shall fight the matter through in the full belief that in the High Coiirt in which I am about to appear, my claim will not only be sustained, but that I shall ultimately obtain a satisfactory settlement. I have the h(jnor to ])e. Sir, Your most obedient servant. (Signed) G. H. RYLAND.