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Les cartes, planches, tableaux, etc., peuvent Stre film6s d des taux de r6duction diff6rents. Lorsque le document est trop grand pour gtre reproduit en un seul clichd, il est film6 d partir de I'angle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la m^thode. 32 X 1 2 3 4 5 6 MEMORANDUM / ^ ON ^' COMMISSION OF EXPERTISE ON •:!) 'WMm wii iii)[\ii.\iii %\^\ m\ w^ I'.I.rWT.KN XsTE-V^ IBFLTJIINrS^vVIOK;: A.N!) IHi". I.AI'K I'K()\1\( !•: Ol CANADA. /^ fj u ^. ^ •; OTTAWA I'KIN 11,11 in A, S. WOOIilURN, Kl.i.lN SlkKKT. I SSo. MEMORANDUM -ON- COMMISSION OF EXPERTISE -ON — DISPUTED TEERITOHy AND MEM Serai ACCOiTS — BETWEEN — iNTE"^?^ :BFLXjr cision, had any question of undue expenditure arisen befoie that tribunX' ' 4th Another cjuestion to be considered from a legal point of view is the con ^W balance reported by Mr. Dawson as agreed to by Lmself and Mr H diW th particulars of which are stated. I am of opinion that it could not possib v be ^.nth^powers of the Commissioners to make M. ..^..,« ....T^^^ But I think the legal consequence would go farther than this, and that New Brunswu:k having rejected that balance and appealed to the books and account IS bound by the true balance fairly resulting therefrom. ' th.f h^""" ^°''^7^ ^^] ^'''" "' '''^'^"''-^ ''''P' °" °"^ P0i"f- He has proved that h never objected to any expenditure while the survey was in progress HU present '',;«/,v.«.«."«;v«./m-^.v... and are absolutely vd^^^^^ ^ nec.Jarv\Z''.'^'I'r"'"'"^^""^"'""°'''^^ '''' Commission.it is hardly n ec ssary to say that the objections to it, which I need not repeat, are w I : ^ounded Commissioners, Messrs. King and Heard, having gone so manif. ,t.y be>'nd he rpo.versm dealing with an expenditure resting upon a higher authority than heir own, and duly audited and entered upon the books of the Governm nf is hardly necessa^y for me to add that their ../.of doing it, without any figu'e in support ofconclusionsso different fro:„ what any accountant with the s ^ ^ata would arnve at, i:s not such as could be accepted by any tribunal of jus ic Ty'which the detaus of a disputed account had been submitted to experts for revisbn I think then that it may be taken as established that the Dominion Govern- ment was fully justified at the time-..^ ,... ,,,„ y,,,^,^ ,^ ,,, .^^X ^.//...«..v/.«..^.,,_inp,,,„,,he Order in Councifof 30th August xsTy o 'thrdTr: "" '"°" ''-^ ''^"'■^^"'^""' ■ ^^^ ^^"^'''°-' -mission of a p t ' o. the debt, by consent, under the admitted fact that there was no power to revS ..e-.:pend,tureoftheImperial Commissioners, was there: The New Bru.^vtk account was there in every detail, to which not an item has been added b-^fore he Commissioners: The whole had been twice fully audited before confederation, and once specially audited by Mr. Langton since, who, though averse to the tr n er V. of the debt to the present creditors, found it correct with all the items in view that were before the Comm'ssion; and now a more complete justification of it as a final act of (loverniiunt could not possibly be found than the late invc -.tigation itself, by the figures it officially brought to light, affords. The account should therefore stand as it has been found in the books. For there has in fact been no report upon the objects of the Commission, which were to deal .vith " matters in difference, " while we are yet left entirely in the dark as to anything whatever having been in difference, and the so-called report can only be looked upon in tile light of a little smoke left in camp to cover a hasty retreat, while the figures brought to light remain and estalilisii the accounts and balance. The " accounts and matters unsettled, undetermined and in difference, " were the objects of investigation and, reduced to the fewest jiossible words, were embraced in the demand made by the Dommion Government by disjiatch of nth February, 1878, for the payment of a debt due by New Brunswick to the late Province of Canada, and the reply of the (lovernment of New Brunswick on 23rd Jany. 1879, denying the debt in toto, and further declaring that in so far as such a debt had ever existed, she had a set off to balance it. Such being the issue, it is an elementary principle of law that no (Jourt of Justice would accept or confirm a report, or award, of experts that did not deal with and state their finding on each and all of the points submitted, and that no other points were considered. And if further correspondence between the Governments gave rise to any complication, besides that above stated, the more imperative would it be that each point in " difference " should be so dealt with and the finding thereon stated, and without this, the report or award, would be held to be null and void. With regard to the costs incurred in prosecuting the matter I think it must be conceded that the Government is bound in some way to make good the amount to the creditors. For the present, however, I have the honor simply to rc(iuest, on behalf of the creditors, that the liquidated Dominion debt, established by the Order in Council of August 1877, calculated to the date of payment, be paid to them, and the ques- tion of such further payment, as they may be found entitled to, taken into early consideration. I may state in conclusion that the Order in Council of 30th August I877, being thus fully justified, and, after the sole condition of it had been fulfilled, permis- sion given to negotiate for money, under the obligation it represented on the part of the Dominion Government, and such negotiation having been actually accom- plished through a broker and money paid thereunder, I would respectfully suggest that this is a matter of such grave importance as to require the prompt and imme- diate attention of Ministers to the true nature of the responsibility resting ui)on them in relation to a legal and accepted debt of the Dominion. I have the honor to be. Sir, Your mosf obedient servant, A. J. CHRISTIE. INTRODUCTORY. I he fo lowmg nKMnorandum on the Commission of Expertise on the arcounts he old d.s,nued territory and l,oun.iary survey, having rL to a greater length .mudty oI,e gathered fr<,n. the mass of papers in the I)epartn,ent of State it is deemed des.rabie to make a fe. prefatory renKuks, to enabl sue h of the Mmi te Soon after, applications were made to the Crown Lands Department of Can- wuh the United States, as was then deemed to be undoubtedly Canadian territory which applications were granted in the ordinary course. The timber cut however, when on its way to market, to which, from- its posi- .on , ad necessarily to pass through New Hrunswick, was sei.ed bv the auZ- .ties of that Province and subjected to heavy ^^^s a.d penaltie,^ on the pie. that t was cu in trespass within her boundaries. This led to a correspondence and v ry angry discussion between the Provinces, which continued for s veral ye r witho it fur her res^ilt than that New Brun.swick ultimately made the ^^ fines L pZ^' LllTIo n^e:^"^^"""'' " ^^""'^' ^^"^'-'^-"' "■^^^'^ ^-^'h-he bu-sinlspl After the controversy commenced, Canada made a condition with her licensees that If, from the position in which the lands were situated, she should be unable to protect them ,n the usufruct of their limits, she would be subject to no o"he^n h^rr^d wh-,"' r '«^"-^'' '^^ ^^■""^ '^'''' ''^^^'^ -^^'-^ -^ -fund the 1;' they paid : While New Brunswick, on the other hand, in the strongest manner possible,/......^ .^.W ,,, ,,_^-,/..o' of such a refund and maintaine he gh o the icensees, to ". /.;,. amount of inde.nnitie, besides, from whichever Province proved to be in the wrong. -i^ruMnce A boundary belwccn ,he Provinces .va,, made by Imperial Statute in ,85, ind three ta,,er.l C„„™„„onc.r» „ere appointed thereunder to carry ou, the piv , ,on. of t te Ac, by the survey of the boundary line, ,,/« «,. J J, .J, JZm- *^«,'/»An»/ &»,»,«/»,.„, consisted, ,s,, of the revenues of the disputed ,e ntory uself, and if insumdent-.nd, of such further funds as might he „ Cy t^ vir. be supplied cd by the Do- minion Government. It was in view of all the facts that the Dominion Govern- ment passed the Order in Council of 30th August, 1877, to pay the debt to the present creditors, subject to the sole condition that Quebec and Ontario represent ing the original creditor should concur, which they have done. It is further to be remarked that New Brunswick, that took such stron? grounds originally in maintaining that the licensees were entitled to " a large amount 0/ in- demnities " and has since acknowledged that she wa , ihe wrong-doer in seizing their timber, is contributing nothing to this indemnity, it is Canada's money that is going to indemnify them, not hers, and she is only interfering to prevent Canada VIIT. v-T xjiunswicK. 1 ne debt has been transferred to thpm • Tii<» r* • • le tune pro- a condition hem for the tributed one titled to. whatever to e Dominion iged it ; and » the follow- shew that ktUionif and tounditt^ 6utmy aetmnU b^fmttn 6anada and J^tw Smn^witk. *l«*IW'*tlM,tMutH,H«,tlton«t4tM*HIHaV I. This Commission was appointed by the Dominion Government in effect to examine the books and accounts bearing upon the subject-matter of the joint liabi- lity and respective expenditures, under an Imperial Act, by the Provinces of Canada and New Brumswick on the survey of the boundary line, on which a balance here- tofore found to be due to Canada, and for the payment of which the Dominion had become liable by the British North America Act, was, by consent of Quebec and Ontario, to be paid to Messrs. Tibbits, Glasier and others, as per schedule attached to an order of the Honorable the Privy Council of 30th August 1877. 2. The creditors of this debt were present at the sittings of the Commission, at the instance of the Government, assisting with information, but they were not parties to it, nor had they a voice in its constitution. 3. They had no possible objection however to any means of expertise the Government might see fit to adopt, whereby to be informed, or to inform New Brunswick of the exi\ot state of the accounts, nor did they raise any objection except to advise the Government not to bring about additional difficulty by giving toowide a scope to their enquiry. 4. When however, perhaps inadvertently, an arbitration was once or twice mentioned, at the time the Commission was being talked of, they did most decidedly object to anything partaking of the nature of an arbitration, inasmuch as, although they would of course, on an Arbitration, have had the naming of an Arbitrator, and a joint voice by themselves or their Arbitrator, in the naming of an Umpire,' they had in fact nothing to submit to an arbitration, their transaction with the Government being of a distinct and definite nature which had long passed that stage when its validity could be affected by one party to it, or by any change in the personnel of the Government. There was nothing in doubt on which to base an arbitration so far as they were concerned. 5. The Commission was composed, as thus appointed by the Dominion Gov- ernment, of the ablest man and late Premier of that Province, whom New Bruns- wick could provide, as her nominee and deeply interested in maintaining her views: The Auditor General, who could have do possible interest in the matter, one way or the other, (except his professional character as Auditor ;) and Mr. Wm. Heard of Prince Edward's Island whose utter incapacity to understand the simplest ac' count made it a matter of some curiosity and much speculation how in the name of common sense he ever came to be there. The creditors interested had no repre- sentative on the Commissipn, 10 v.ews as Premier when demand of pavS, w . ""■ ' ' "'""■"'«' '" *<»= ■he Commissioners, irneed no. ^rLrbe' 71' '" "' '' "'"« ^ °"= °f became the «/. y„^^, ;„ ,„ („ Sh ,L aT '''' " """ *"• H"'". »h<> thns of .he passionate ap,^,s „f Mr ft^mi rV^Ts " ""1 ""' ^^'=' *-'"• '" *» •ended grievances of New Bruns^ri rjlw ' 7" "'""'' '° "=" '" ">= P«- Dawson and ,he Dawson and HaTdLT/"" '^'' "* '" "" Sutler and was by the order of referenc^s^Tal !Zl TJ?"""''"' *'' '^^ Commission finallydecidedphasesofthequX" 'bu 1 ' """' '"'^""S upon .hem, as ""mgs of the Commission waake^L ."" "'' *= '^ef par, of the « they were intended ,„ do Ij Jl *" """"^ "'''*• """^"^g .he Commissioners, were ,/,,»;,:tti;;o:;rr"' '" ""^""' '^"^ "' 7- The order of reference fn ^i,« r- W%''ifany,oftheoneProvLe oth?r'°"'" "" ^^ determine the "/.^./ settling the boundry and the ex di^u e ;'! T '"' °" °' ^^^ ^"^P--' Ac boundary line in connection with the nT \ . °""'' ^^'^ ''^^ "-"""ing of the Partinh^ndforthatpurpose^ndf^rwhrhl^^^^^ of which each ha balance equally. There was n;tand heTe has be^^^^^^^^^ T '' ^'^ ^^' ^° ^^^^^^ '"e m controversy beyond that : Even the e^oltw /'''''' ''^^^^ "^^ ^"^'hing (whzch they were precluded from touchLg^o " ad7"l "'^""'^ ^^^^^^^ -"'«' enquiry: It could only increase or din2 he n-. " ^"' '° ''^ "'''''' ^^ ^he the other Province applicable to the s vet Bu 7". " ''' ''"'^ °'"^^ °- - settled by the Dawson and Harding report'of f^N T' '"" ^'-ady definitely m.sszoners were precluded from re-opening th C .?''' '''' "''^'^ ^^^ ^om' upon the accounts of the boundary surveyf:nol? '°" "'' ^'"^P^^ ^" -/-^>' of a balance thereafter, in connection Zk th '' ';''~"°^''"^^"^- ^^^ ^'^'^ing were not within their power to alter^ J! "^^'P^^tive amounts in hand ^which not vary .om the fig^es ^^^S:::;^:;^ '"^'^-^ '^'-^^^n whic/^ld 8. An expertise upon accounts to h,. „f ,- , mannerwith the %„res presented tohe,!" "'Ir' """' ^' " -">= "tiona, mistake must be ,i^„ and amended T« f ""' *"' ^'"^ "">de, the ^.oge.her as an improper charge "f„t be she" " ^°™ °"' °^*' ^-"""t and .fa sum has been changed lorn ol s ide of h7a " '" """ ""^ *™™ °". be shewn why it has been so transposed In storf "' '° "" °"'^'' i' ""st gen, one and no, a mere ^/-.to/ll ,.' *°" "" "^"■"" ">"« be an intelli- ftom which, with the same set ofCr« rrh""° " "" °" ' ^' "' acco „ m the world could draw the same rZ Zj^^ T "P'" " ^"-"'a- com^y:;:t;efeVot:r.ir,ti7n::nh^" »-'"' -^"■''- ^- >. :fc:n^rH:.°-r,::irr?>-^^^^^^^^ --! J .iQi.re., leading to this on either <,;/i^ ■ '*^fe ^ ruvmce account made, no balance struck and no Liana io^ are given, no statement of <.-. unsupported, that such is the ba^^ "l^-:--^ ^ »--etr II moZt^T" T""'^f ■' "• ""'"PP"'^'' by figure., and without reasons or clI w ;>. "f-ble result ? //,v /, «,„ ,,,, „„^,, ,,,„ ,^ .^ ey had a nght to alter one item of the account, or annul a large portlorf one .de of,,, wtthou, tutelligent explanation and sumcient reason, and by their me e ---'/, then they had an equal right to alter the whole, reverse the ordinarl prindp te upon „h,ch the business world hangs together and make the creZ p the :;r;o"a;ororh'er;=^ " ''-"-"^ *' *- -= ^"^- '° - "" r.f. '°' '^''^7°"°^''^^'"^i°"ty Of the Commission (besides being bevond the efnTbld r'^^" ''''''' °"^ ' ''''-'''' ^''^'^^^'y valueless'and null a bemg based not only on no recognized principle, but in fact as having no basi^ at an and so entirely inconsistent with the data before the Commission that with the customed to deal with figures, the result produced would be so entirely different that this majority report, taken by itself and without explanation, could only appea as presenting a false balance which by no possible man^ulation and no proceTo arithmetic could be produced from the duly authenticated accounts beforrthem- an awkward dilemma which the Auditor General's minority report alone explls by shewing while dissenting therefrom, the grounds upon which they desired him to jom in the action they had taken. theretrt desLahT^ °V'' T" " '' ''''' '' ^'^ ^'"'"^ '' ^^^^ Commission is tneretore desirable to shew the true position. missioner" Mr' d!""' '1 ^/k "'' ''''' '"^'"'"'^ ^^ ^'^ ^°^™^^ Canadian ex-Com- t" tr^^dea. ;^^^^^ '"^ '^'°^^ ^'^ ^h^ Governments in- terested in or dealing with this matter, uncontradicted. This account and balance durhTnT: '° '''T' '^"'"^ ^^" ^^""^^^^^''' ^- ^h- ^he actual legal balance due by that Province, but the papers submitted, and which have been before al the Provinces stated at the same time what he said the actual balance would be the fact that at the last^ but unreported meeting with his co-Commissioner from New Brunswick, Mr. Harding, he had, with the consent of his Government mad^ certam concessions to smooth over the asperities of the former contest betwee^ he Provinces, but on the aiso^u^e condition that the accounts then submitted audi ed and balanced were conclusive and final. umucea, audited 12. This statement of account and balance had been found correct by the old Province of Canada, on the basis on which it stood, of a concession to New Bruns wick on condition of the balance then struck being final; and later it had been found correct by the Dominion Auditor General, Mr. Lan^ton, on the same bas" wereHdtforrthe r '''''''^""k"""^ ^'"^ '"^^ '^"^ '^^'^ - authenticated er of that da^ ""'"""'""''' ^^ ""'■ ^^"^°"' '"^^ -^-adian Commission- Mr Harding however, his New Brunswick Colleague of that neriod Hpn.VH «d ad..ted and did'nt re.e.ber, but on the whole Z^n'U:::^^^^^ their action at that time was final. '-Kouwieage mat simpll'" xSLrh^" °^'*'' "■''?"' Commission, and its powers, were therefore very IZh. ) u J "° '''"'^ "°"*='" °f ^g^eement as to what had been done or agreed to after the date of the last completed report of the old commission thTs Commission was authorized to take up the matter just as it stood, where he said t hv r .'"T" °'''' '""" Commissioners (Dawson and iarding) had le^ by their adjudications of x.th November x8s6-the date at which all The habt mb n. t^ "'r '"'" "'' '^' ''^^^'"^ ^''^d' -d determinate-and ex- of aTh'f^r th?""'' 7rf "" '^ "^'^^ ^^°^'"^^ ^"^ ''^^ ^--"^ - ^he hands of each for the purpose of the Service, declare what was the legal liability resulting therefrom under the Imperial Act-in short produce a balance sheet betw en he Provincc^ on the basis of the joint fund, as found in the hands of each and the jo inl expenditnre as disbursed by each. ^ of.»,'^" '^^y''^''''''\°^'^'^<'^^^'^^on therefore resolved itself into an audit vlv anTr. '.T k"''' ^' ""'^ Brunswick aud Canada on the boundry sur- vey, and. taking these things into account with the respective amounts-aiready determined-of the jomt fund in the hands or each Province for that purpose, pro duce the correct balance resulting therefrom. r..f '7'^'''^'""T''''''°""'°^'"P""^^'"'"*^ ^^^ "«^e' been audited by Canada. It was not and it never had been objected to or inquired into. The ItoT^tfl Tr"'""''' on which the expenditure took place, was the M^^-'^ole outlay Two of these however, although Imperial Commisiner^^ we chosen, one each from the two Provinces, Mr. Bouchette and Mr. Botsford thus watching the interests of their respective provinces. 17. The accounts of what each Province had supplied were rendered to the re- spective Governments and, it is presumed, properly investigated and audited and ed hv N p "'""'r^'l'''"''' '^' '^^"^ "^^ '^"^' ^'^^^P'^d the acccount render- ed by New Brunswick without hesitation or objection and without investigation or audit, taking it for granted that the good faith of the sister Government was suffici- as for the expenditure, it was not and had not been within her control ; the three Imperial Commissioners were responsible for that, each and all of them alike To have taken that responsibility from any one of them individually, it would have been necessary that he should have objected to. or protested against any improper or excessive expenditure-of which he knew his Province had to bear an equal share-at the time. This would have enabled the Governments to have taken some means to have a stop put to any undue expenditure, if it existed, and would at al events have relieved the protesting Commissioner from any complicity in the extravagance objected to-and perhaps his Province from liability therefor, had the other Province refused to join in finding some means of restraining it, by represen- tation to the Imperial authorities or otherwise. riod, denied >wledge that « erefore very een done or nission, this 5re the said ;ng) had left 11 the liabil- :e — and ex- n the hands ty resulting letween the nd the joint o an audit •undry sor- ts — already rpose, pro- audited by nto. The i, was the respomible nissioners, Botsford to the re - dited and nt render- gation or as suffici- :ount, but the three like. To uld have improper an equal ve taken would at y in the had the represen- 13 CommL.^^' ^m "^^ '''°""*' ''°''''''"' "°* *^^^'"S ^^^" '5"^"y revi^'^d when the Commissioners (Dawson and Harding,) had concluded their adjudications of x.th andTound ' ' ^'' ^°°' ''' "^°""'^ ^" ''^"'' ^ '""'^ ^^ P^-^ before therl' and found some apparent discrepancies in some advances and paylis- with nrttrand r^'r^ ''''""'•^ ^'"^'°' "°^ ^"«^"^"^'y -P'^'-d ^° harmo- Z th.H' 1 ' 7 ' '"■' '^""^ remonstrance against an incomplete account (for that IS the worst that can be said about it) eing placed in their hands for audit. met agl''''"' ' "' ""' ' '"" ^° ^'^ ^^^°""'^ '^^'"g -^P'^^ed before the; 19. That they were corrected and a final balance agreed upon at their last Snr/1°^""' ''°"f --^-^^-'h-ne side, and Ually" from 1° K ?'.?"■' °' '"'' '" ^'^P"'*^' '^"^ ^^ '^^'^ -^« "° joint report of it ouTs to rbaT. fn''''^"™ ''^ Commissioners on this occasion, had Z r ^ .u ' ' °"^'"'' '"°""^^ ^"^ Government books and take their h^^res from there, and it now remains to be seen how they have accomplished their 20. The Accounts before the Commissioners were as follows :— Of the joint fvnd held for the purposes of the joint survey on joint account, there was t—^ ' In the hands of Canada y, c«/; In the hands of New Br.nswlclr . . . ." V.V '.V.V.' " ." * ." S.'ygS 15 xi More in the hands of New Brunswick than Canada. . . . .~ /"e 212 fi , Of the expenditure on the joint survey on joint account there waV:l* ' Disbursed by Canada ^ ;^xi.7i5 o 9 Less account sales y-rRw ./: "Error ^'^' '^ ' 45 10 o — 227 6 9 Total disbursed by Canada on joint account ^i i ^ ,. q Disbursed by New Brunswick on joint account including arbitration fees paid by her ^g^ggg 8 o More disbursed by Canada than by New Brunswick on joint service and joint account . »^o /: 4.798 o o Total excess on joint account viz : excess of joint fundin hands of New ~" Brunswick and excess of joint expenditure on survey by Canada ^,1,010 it 7 and Jr.Te. fx^ ' ^aT" °['^'.^°'"* '""^ '" ^'' '^^"^^ than Canada had. fn.ll ntJ^fl fT ?°"*'''^°'"'^"'^'y *^^" C^"^da disbursed, being n all. out of the joint fund in hand and the joint expenditure, the sum of ^rx oxf ulTrV r ""'^''''' '^''^ Commissioners report the somewhat curiou; re suit thatthe balance due by New Brunswick is ^x.933 13 », whereas by t lord . na^ rules of arithmetic, any ordinary mortal in possession of the most ofdinlryTn- telhgence would have said that New Brunswick was indebted, on the joint account by half the difference: ^^5,505 6 3^. J""" account, 21 This majority report of the Commissioners, covering just one Dace of fnnU cap, gives no figures whatever, but the /'i g» r, ' J"! 0"e Page of fools- 4;, ^,. ., \ J A'>933 13 2 (or as they put it m currencv $7.734/^)andno statement of how the balance was arrived at, so that any expe t or wouldT ' 7:' ^'^ ''^"^""'^ ^''^^''^^"^ ^"^ ^-^'"g -th the same figu el Sd^h^^^^^^^^^^ ^^^ ''-' ''-' ''' "^^--^ the result Of the accountfaTd form?o.ffr kT'^'"^ ^""''"■' '^' "''^^""'^ '"^y be repeated in a different form so that the balance may come clear to the apprehension of every one capaWe of understandmg figures from whatever point of view they may be looked at -1 Amount of jomt expenditure paid for by Canada on the joint survey /• « Amount ofjoint fund in hands of Canada applicable "''^ ^ '^ ° to the joint survey o.^ ' 2,586 9 4 , Excess advanced by Canada on joint survey over the ' amount of the joint fund in her hands /-o Amount of jointexpenditurepaid/or by New Brunswick ^ on the joint survey including arbritration fee paid by her ^, Amount of jomt fund m hands of New Brunswick ap- plicable to the joint survey 3,798 ic n Excess of jomt fund remaining in her hands over her payments on joint expenditure on joint survey. . , r^n . Total excess on joint account in favor of Canada /•, ;t>ll,oio 12 7 and this we are toli by these «/../. in matters of account, yields by~ii^stem ofanthmefc a balance of ^x,933 13 2, due by New Brunswick to CanTda a ^ to account for this extraordinary result they give no information and no Cs' H Tk r t^" figures are there, as they were taken from the public record andlaid before them, and in stating what they have given as the balance 't wHl t seen at a glance that they have stated what is not true, and what the fibres do n^ sustam. From the utter condemnation of the statement of the result Tade Tn thi report, and wh^ch might be characterised in much stronger lang agTtha "i deemed desirable to use, there is no gleam of light to re Je it : Thf fi^es Ire here-w,thheki by them-but to be found in the duly authenticated paperf la d be fore them, and their report is there, in utter-and to any fair minded nrrl ^am/ui contradiction, the one with the other. ^ '°"~ 23^ But here the third Commissioner, the Auditor-General, in a manifestlv hones desire to make everything plain, comes to their relief by telling Lw the' came to the result they did, that is to say Aom they told him in askinHimTn ■ them that they had done so, though there is good'reason to'bl^e Tk rw Z that their real reasons were not within the compass of the accounts^ the TeTul «; which they were thus compelled to falsify to attain their end. Whethr the Audi tors explanations, however, take off, in any degree, the rough edge o the plain palpable misstatement contained in the majority report, unsuLned as i. is by a"y' '5 thing in support of it, and hence operating in itself a, « n,.Kr a • • ..ft for Ca.U.s capable of making ^ "i^ diX Z^d^eZr ' " '"'' "" in .he other To of »hich h. ?T"'' '" ""= "■"' "' "'''* I'' ™"'«'=d and undoaeheaduIJhilhtNe^tl '°r™' " ""'"' '"' unreasonable; could no, concur, as U was ato L!^ T""' *"' '""'''^''' '" »>•'* .-' son absolutely pr^tlirXXliZr'''"' "^ ""'' "' "' "™"'^- dare,:cit?b;;Trfettvi7.H:T°'T""''.^°-'"^ — "■•= - soughtandfoundavail btanTuffi en, rhT ""''"^ *' '"""''^ '■^■' ^-" Which ^.s. ,6 , was for sale :f?,ra„dt;r:r'irf^' ■' r errors, both of which, amounting ,o /-a^, 6 o ZT '"'TZ^ ^« -o o, for the accounts were audited twemv fol , ''*' '"^ '''^<'''«"'' ».>=" accounts submitted of ^iTT^JlX rdilrcru^l-""" °'" ^™- .or :t 'lit irracrtrtrsf bir.r^"°""^'*^^ that they had no right trrbevond the .r''°" °" ^"'^^ '^'^"^' ^"^ hence and accounts of the deX„ts T^^^^^ tht "'" "T'^- ^° '^ '°""^ '" ^'^^ b->^» ded in the above) of /.TT, T^nr . . ^"^ °"' ^°' '"'^""^^ °^^" ''^"^ (inclu- capable of expll.^gl UL ^e cl° 4""'" t^ ^ '^'^ ^^^^' ^'^^ ^ -« deemed adn'issible And the sums n7?"' "'' '"'^^' '" '^'^"^^^' ^e said to have been charged in ert tltl ^'' ' u" '"' ^^' ^ 6 (^87 ro 5) -in fact were so. as'^; ^Mr^^^^^^^^ couata Road for the Canadian Governmenf whi . "'' 'I "^''^' '^ '^' ^emis- survey, at the same time that thVsurveTwl I n'^ ']' '^ °'^'^ ^^""^^0^ supplies .c. being charged in hi! raLTtoThV u fS^^^^^^^ ^^ °^-- IS at once taken as sufficient evidence of error. wLZt' .. ^ '''°""'' knowledge of Mr. Dawson, that this item was bei^g t'r^n " .! T ^° ^'^ enquiries at the Department of Public Works whin 7. n ""'"' '° '""'^^ Baillairge, informed him that he had haLm^hL?. ''^.^D^P^'X Minister, Mr. McDonald's works on theTemisttt"^^^^ o^Mr. lection of Mr McDonald having been reauir^H .. , ^ '^"''"'' '^e<=°'- survey. to the right and to the feft of T T ' '""'' '''^' ^'' '^' boundary supplies to the survey parti son^^^^^^^^^^^^^ T ^^^ ^° ^-''^^te the transport of cor-. Charged to [h^ boundary^leTand^tuld nT^^e:- Jir^^ ^ 27- This whole deduction, however of r^or ^ v ^ • duce the balance due bv New Rrun.w'; Zi,l '° '' '''^'"'"^^' ^^^'^ only re- culty for the New Brunswick advocates or Iroffthrr' '"'^ ^''' '''"' '^^ ^'ff^" had given the balance as having been consented fob "l^'^ir "" ^^- ^^-O" when Commissioners .4 years^efore "r^ ^6;. tut S "' '^'- ""^'"^ mg to these figures he had always said thatf^as ^n'e by^^^^^^ ''- '^ i6 the true one and only arrived at by a concession which he was allowed to make on condttton of Its being, at the time submitted, made final. Here then was his statement verified, and, with all the deductions that could be squeezed out for want of full ex- planations of the items being now possible, here was the balance of their own makmg, with all duly authenticated accounts before them, and yet, just as predicted by him, larger than that submitted by Mr. Dawson. How to compass this difficulty was then the question, and the Auditor shows how they assume to have done it. a8. This brings us to the second deduction, in which the Auditor general could not concur, and which has been made upon a pretext so flimsy and absurd and so palpably unjust that it requires only to be stated to be set aside The de- duction consists of a sum of ^1,190, for salary of Olivier Fiset, the gentleman who had charge of the accounts and the purchasing and forwarding of the supplies to the parties working in the field, during the three years the survey was in progress. This sum had been attacked formerly by Mr. Harding on the ground that no similar charge appeared in the New Brunswick account ; but, as the Auditor justly remarks It was an essential service and a similar service must have been performed somehow m forwarding the supplies from that province, by some one paid under some other head or, as appears by some evidence taken, by having the goods delivered— m^/«^- ing cost of carriage, — on the ground. 29. It is difficult to argue against premises so untenable and absurd that the parties acting upon them have been ashamed to state them. It is understood from the Auditors' remarks, however, that the basis of the majority action in this matter was that the Canadian Ex-Commissioner had 24 years ago ronsented to this deduc- tion and that the item was actually deducted in the account rendered by him. To which it is answered that neither for instance does the Arbitration item of;^493 6 8 which New Brunswick had a right to be credited with, appear in that account' The one was just as valid a credit on one side as the other was on the other side* New Brunswick was there credited, as may been seen, with only the bare amount of her expenditure on the survey, ^^6,095 15 3. leaving out other items, the result of the whole being that the concession made by the Canadian Commissioner, by per- mission of his: Government, was merely a conditional but greater remission'made by Canada than New Brunswick, to close the account. It has been so stated by Mr Dawson in every statement that has ever issued from his hands,— and now when New Brunswick has gone back upon that agreement, and denied it, these commissioners come in and say— we make that deduction in the Canadian account because the Cana- dian Commissioner allowed it twenty-four years ago, but we will not allow the equiva- lent, though less deduction in the New Brunswick accounts, which we have on the same anthority as having been the condition of it. We deny the agreement in toto but we will accept what it gave in our favor, and repudiate what we gave up as a consideration for it. Anything more absurdly untenable could not be advanced. 30. The third head of deduction from the Canadian account is so utteriy pre- posterous that it is not worthy of consideration and is a mere blind to cover up *' real reasons for the attempt to justify the New Brunswick Ministers for havmK sought to repudiate a legitimate debt incurred under an Imperial Statute. d to make oh s his statement irant of full ex- of their own St as predicted i this difficulty ^e done it. iditor general y and absurd de. The de- intleman who iupplies to the 1 in progress, lat no similar istly remarks, tied somehow • some other ;red — inc/ud- urd that the irstood from 1 this matter 1 this deduc- y him. To >f ;^493 6 8, lat account. other side. 2 amount of le result of ler, by per- on made by ited by Mr. I' when New amissioners e the Cana- the equiva- lave on the nt in toto, we up as a vanced. itterly pre- iver up *' for having 17 31. To deal calmly with these irrational proceedings it may be asked how the Commissioners— King and Heard— found an excuse for the action taken, but wc find none. It was too weak to be reduced to writing by a man of Mr. King's ca- pacity, and we have again to fmd it in the Auditor's brief remarks :— It was done it seems on the ground of extravagance : The evidence of such extravagance is Sen- ator Botsford, one of the Imperial Boundary Commissioners, and himself responsible —though he does not seem to have seen that part of the absurdity— >r every cent 0/ the Joint expenditure as much as either one or both of his colleagues. 32. It is to be regretted, on his own account, that Mr. Botsford has been in- duced to place himself in a jiosition of invidious comparison with his co-Commis- sioners. Mr. Botsford says that Mr. Bouchette's management was extravagant, but when (luestioned as to particulars he could not name any one thing in which it was so : It was just a kind of impression he had ; and (although each Province was equally and jointly responsible for every cent of the expenditure) he had 7iever men- tioned it to Mr. Bouchette. He thought that if New Brunswick's expenditure was ^6,000— the Canadian expenditure, through Bouchette, should only have been about Ji^,ooo— but it was ojily an impression he had that that should be about the relative amount, he could give no details, nor even a suggestion as to where the ex- travagance lay. 33. But Mr. Botsford, at the close of the survey, had made a report to his own Government in which he named the figures, in round numbers, and nearly correct, shewing the expenditure of each Province and claiming that the whole survey was cheaply and economically performed j in fact that it was extraordinarily and exception- ally so, in proof of which, he compared its cost with that of the international boun- dary, run through precisely the same region of country a few years before, shewing that our Provincial boundary survey had cost, mile for mile, only between a third and a half as much : Mr. Botsford was cross questioned as to this report and answered that he still maintained that, taken as a whole, the survey was, as he had thus reported, the cheapest and most economical ever performed, but that his part of it was %o par excellence ! By the very evidence upon which they rely therefore the expenditure was wo/" extravagant /(?r ^' ^^"^ "-d, aTle^t " 38. Mr. Bouchette hns ho^„ n>i-o„ and it appear fr'^' uZklZTT' ^"' ='"- *^ -"'"8 of -he r portions of his dut,, taking at n „i a Itl? '" '"= P""™- o"he' 4^, r - Bo.ford had ,ot contro, of h,s chieft-- ^^ -„ p£ ions? In the iner Surveyor, egions of the '■eyor-CJeneral iture on sur- giiarding,— 'ii-' I'rovince, ell as in lo- 'g, vvatching 'f successive '"g and Mr. •ts) that his '' it was to g attention />/////(,-■ /t) (I ".- -sinij)ly ment. "iiniissary, fiLer, as a ew Bruns- 3t he pre- ' observa- sased the " natural occupied nt— of a )lies per- ter upon id never > such a he pur- le scene form to extent - Com- d from *iis, did -s, but ;ast in Com- intific oints, been 19 surveying a considerable part of the boundary line some six or seven miles out of Us proper place-ail which ha.l to bo abandoned and the line resurveyed in its proi)cr position. And again with regard to abandoning the Mistouche in whi.h he got the third Commissicmer to join him on account of the facilities, in adopting the Patapedia for the boundary instead.-whi.h caused considerable additional expense and m which they were both wrong inasmuch as -to avoid the ne< essity of a new survey, and with Canada's consent, a further Imperial .\}S'd>ick: the ablest lemselves, nore than Dominion, , and who ccountant conceived : time he oner, Mr. wson. ■ince Ed- all things nd could enced in n in the ittain by posed to of some ne other eminent degree. Mr Heard berime in fact, .f not according to the light that was in him at •e^t ac^rdm. . .he hght that he rejected, the outward diLtor and 2^ I 47. Thus, when it was proposed to enter upon a hearing (which the main m'- o' the Cumm.ss.on was tak- n up with) of the merits of the old repor s ."i h wise head and said he would hear Th fi . Tr^i ■ ^''^'^'"^ ^"' nnH ,K ^^^ ^^^ °^ O'y^ i"an Jove had irore forth and there was none to say nay, an»i c hearing of the ..att^r th. r forhiflffpn Kv ifc . ""'^ "*> °' tne .natter, the Commission was torbidden. by its very consti ution U ,urh, went on for in obi,.r^ if u n 48. The point it is here desired I fill the position of an expert upon a.r„ board and thus becoming at the same t of thost who could manipulate him ; . two side ^'f an ordinary balance sheet ? - easily call to mind will solve that point. ' with is, was Mr. Heard comi)etent to . not to speak of his being on a divided V- sole arbiter and judge and the tool ^ he even capable of understanding the episode which every one present will fore 'u'thl ro ^"' ' '"'"'' '''"'' ^"'^'"'"^ '>' ''''■ D^^«°"' ^hich had been be- fore all the (governments ever Mnce this ma. - had been a suhW-f .f , ". •- and before a 1 the Experts or .Uiditors who h„ ever examined 1 I?' one had ever found the mode of making this ..l.: s^eeT to be ^nT" In" si : :r Z^:^"-^ ''-' '" '^^ -^ -y - ^^^- ^ com^rSan" tl deal .d had co. e :t^:^:^::^2 z.::jt'::'z;r sent the correct balance the figures used should indicate. ^ '''"" 51. Mr. Dawson set to work to try and exolain h.it 'th^ ri:.r • by M. King gettin. near and whisperi^ onr:;:; ^f:^^^^:;^:^^:! the other, m which he words were heard dinned into him that if thrfi.. . were correct there v, as no doubt but what the mode of balan dnl them " " correct, in fact couL nt be otherwise and so Mr Z a ^^"""""^ ^^^"^ ^^ ^uite .ave ana „,-,e b«, . .„, be s^r^I J:, "Slr^rrr-t ^^^^ not understand, and was therefore not cunvincible. ^"^ 52. But Mr. Heard was a goo^ man-one of those verj> good men who take a de .ght .n bemg an example to their fellow beings of more iL and err Ig n t , e One who was always careful to let the right hand know what the left h.nd did and v:ce versa, thatjhe force of his goodness might become a light to oth s And so t. next morning, before any other proceedings commenced Mr. HeXin :anrd fo^ PUAM^^f attention and silence, while he apologised to Mr. Dawson for having erred in sup- posing his balance sheet to be wrong and explaining that he had taken it home to his lodgings with him and studied it out during the night with the most anxious care— he did not say prayerful, but he looked it most unctiously— and that he had come to the conclusion that the balance sheet was quite correct. 53. Now, as will be shewn in another paragraph, Mr. Heard knew no more about the balance sheet, or any balance sheet that morning than he did the night before, and was not capable of understanding even that much, although the balance sheet in question was composed in fact of only five items, thougii indeed, for the sake of clearness, put in two distinct balance sheets, the one being Canada in ac- count with New Brunswick bringing the balance to credit, and the other New Brunswick in account with Canada, bringing precisely the same balance to debit. 54. To shew Mr. Heard's perspicuity in such matters and how much his night of prayerful and anxious consideration had enabled him to surmount his difficulty and understand the accounts,— at the close of the very last meeting before the Commissioners shut themselves up with closed doors to deliberate upon the accounts and after the item in question had been under daily discussion for nearly a fort- night, just as the meeting was about to break up, Mr. Heard again called for silence and attention. He set himself this time to his work, as if to say, " it is no " fool's business that has now to be accomplished— I have got at the bottom of it at " last " and placing himself in juxta position to Mr. Dawson as if he would transfix him with the keeness of his scrutiny, and shaking at him t'lc roll of papers he held in his hand, " and now Mr. Dawson " he said (with the air of a Daniel come to judgment and all the gravity of the birtl of Athens) " I want you to tell me honestly " what has become of that ^2,586 9 4 collected by Canada from the disputed terri- " tory " ? And Mr. Heard looked as proudly round as if he felt that he had hurled Jove's thunderbolt into the astonished camp ; and sooth to say, it is needless to speak of the amazement of all present, for most, if not all had got past that stage of feeling towards Mr. Heard's observations and when Mr. Dawson replied " why Mr. " Heard it is the very first item charged against Canada in the balance sheet you " now hold in your hand, " the gravity of the position as Mr. Heard pondered over the reply with the most intense look of wisdom that ever adorned the arched visage of his Athenian prototype, was ludicrous in the extreme. (This was the same little balance sheet of five items, it must be observed, as had already cost Mr. Heard at least one such anxious night.) 55. It seemed indeed that the imposition upon a weak and incapable man had been carried so far that he was prepared to go all lengths in what he did not under- stand ..nd that he did not yet understand a balance sheet of five items is enough to shew that he had no business in that position ; for it is well understood that had it suited those who had acquired the control of his mental faculties he would, as shewn in paragraph 9 to have been equally justfiable, have been just as read> to have given the balance the other way with precisely the same force and the same entire want of figures to ^ s upply it as used in support ot the false balance declared. 56. But the end was not yet: The accounts on being all laid before the Com- missioners and pruned to the utmost, still shewed a balance against New Brunswick r. •ed in sup- it home to 3st anxious lat he had V no more I the night he balance :d, for the ada in ac- Dther New to debit. 1 his night s difficulty before the e accounts .rly a fort- called for " it is no om of it at lid transfix •s he held 1 come to le honestly 5uted terri- lad hurled leedless to at stage of 'why Mr. sheet you iered over lied visage same little VIr. Heard 2 man had lot under- enough to lat had it , as shewn , to have me entire d. the Com- Lirunswick t was a dilemma he booh a , T' '° '"'""=• ^'" '<^l>"- -*.. ^^^^ man's conscience, who could not of course like the " unjust Ste7vard" of old, be in want of another situation, or seeking to make friends with the mammon of iniquity. 64. True there was no transaction of to day pending, nor had there been for 24 years ; true also, the very Province whose interest, at the time of the transactions, in the debt due was being considered, had ceased to exist for 13 years and the successors to her assets had, years ago, transferred this part of the estate 'they had inherited from her, to the pre-nt claimants, true also. New Brunswick had been dunned and badgered for the money and an account submitted to her by the Do mmion Government demanding payment with interest from 12th November i8q6- reminding her at the same time that even that was less by about 12 years than the time for which she had actually had the use of the money-and yet, according to the ingenuity of Mr. King, all this was transformed by his wand of office into a transac- tion of " /. day " by the use of the two little syllables " as of " a device which can hardly be said after all, to afford even a peg to hang an argument upon and is as little hkely to have any permanent effect as it is calculated to add to the dignity of Mr King's standing and position. It was the transactions of the period as stated in the demand made, and nothing else they had to decide upon. 65. The Auditor, however, further goes on to state his understanding that the $7,734-63 IS not really the so-called "award" of the majority report of the Commis- sioners, but that they had taken into account payments made in driblets by the Do- minion Government on account, since the passing of the Order in Council of ^oth August 1877, which were not in dispute at all. Now it is rather unfortunate that everything upon which the majority report would appear to have been based re- quires another report to explain it. They~the Commissioners, were, so far as ' one party to the question could make them so, experts upon certain matters "in differ ence" and so, to make their report good for anything, bound to specify the matters "in difference " upon which they arrived at a conclusion. The pretensions of New Brunswick that led to the Commission took the ground that there were 7. 26 many most imporeant matters "in differetiM" n«, „ j i «ere being made on acrnnn, . , "™« -"»' »= regards the payments that a. all and'affeclg , he vr is,' oMhT : "l' "'" '" '"^'" ""' W"""' report of the Commission el Xh„rTh « T' '° '' ""'' """ ^" *= j-e as we., have given thl L c'the oth^r :*"\rd f"'^ t"^^ -* tains it would have been equally valid Thl T '^' ""'^'""8 " «"'"- as the Auditor explains it .hf . , f '"'™'"' ™' ""'"'" difference, " but, Plicablerel2n otVmoumoTlTfr'' '° ""^^ *™ *>=- »"><> -- nent, of the specific amount of the debt-principal and interest-then due. 70. The account then stood thus : Original balance due by New Brunswick on 12th November 1856. ... $20 26, ,1 Interest thereon at 6%-2i years ^ \ ^ • •^■*2o,263 31 •^"'BruSck.™''^'.'""''^' '^'^^'^"^ ^'^^^g^d '° N^- 2,940 00 —$22,591 76 ^''Tunswlcf'.^'.*' .°°"^.^":°" Government on account of New A little more than sufficient to meet ^^ °^ Amount payable to claimants on mode of distribution adopted, as per .n^ .Ik"'' '"^on^orated with Order in Council of 30th August 1877, $42,814 44 and the above advance was accordingly made on the above s^temen of account al per Order m Council of 6th February 1868. ants IS taken exactly as it stands in fL ./h^t).,! r • '*'77— while the amount clue the claim- August 1877. whici; .^ 4f bet'„^s''c:,^refon?;™?2th^t,g°^^^ '" ^--" «^ ^^^ 71. Further advances as follows were made of $500 on 22nd August 1879-of $r,2So 29th October 1879. and of $3,000 on roth December 1879, all which taken together, m the.r proper connection, in furtherance of the Order in CoundofToth August r877. will shew the following as the true state of the account on / ' TyTeturVer ^°"^"^^^^'--^ ^^ ^^g-^' -^-d of the false balance there! Dominion Government in Account with Claimants Dr 72. To amount due by Dominion Government (on New Brunswick " ^^ ^^ account) as already calculated to 12th Nov. 1877, $45,795 07 Interest continued to date of Commissioner's re- port 21st May 1880 3,069 45 Bv Payments on Account, Cr ^'*^'^^'^ ^^ By amount paid 6th Feb'y 1878 $,^^^^ ^^ " Interest to 2 ist May 1880 .0^ .. II K ^ • , , , ■' 403 43 paid 22nd August 1879 50000 " Interest to 21 st May 1880 3342 " paid 29th October 1879 i 2?o on Interest to 21st May 1880 ^3 ir " " paid loth December 1879 ' . . 3,onn .n ' " Interest to 2 ist May 1880.. . 43 $8,238 38 28 tario2nd Januirv i8,8 T . n ^ ^'^°^'^"iber 1877 and of On- or nth Febr; Ills. ':';'/.'°™"'°" '^--^h to New Brunswick False balance rendered by Commissioners ^^°'^'^ '4 ■ 7,734 63 Error by suppression of figures " No expert or accountant in christenrlnm '. u ' " ', $32,891 51 stead of on the original capW of LoTr!? ™^ °" *" ^-tS'^'S »7, in- considerab,, i„e reL ,he Z dlf o ' ^.Vm'J I^ T 'T^' ' '''^™=' """ •n equity and justice entitled ,„ ^^.h more thTn th t N 7'""- "'"• '"'"■''"' n.ed tlre balance submitted as having been agr d 'o bv D ' '"""?' ''"™'' "" was answered by the claimants-.^l „"ir*i'°''f ''f"»™ ""'^ ""''i'-g. « "accounts and you will find ,h» k![ u ' balance,-go back to the -as done so; shl ^"^I'tZ^^'IT^ '■°";' ^'- «™-^=>' tag Glance, and just as forLid (the ?:,'se" ,a„t b;\;f ^ ,rcr^°"-""* the contrary notwithstanding) the balance 1. >,„ • Commission, to that this fr„ balance covered bv th! ''^•■""" ^"'^ ""<' " is b"' j»t be adopted, which w^ d Tate a difcr"':' " '?"=' ''^''" ^^ '''■ *""« "- .4, making the total balanTe on h ^ tt fair tZr ' '" ''""""' '"*^'=" count current $44,86<; ,3 fthis 1= ,ft. "=.""s<: balance was signed, on the ac- to reject though ^he,>ro„ri«v of h ''"^"^ "" "" "^"''^ "'= A"*™ =>««°'" '""ber evidence is no, to wh'i^b ^h^ ttr:::,^:cTifpt::cr;r'°\f '^ vals ever since the Dawson a„d HardiSg" o , „Vt h M ' "l '""' "' *"" '"'^'- to employ, in order a. all times even to m a ear n hf 7'^" f'"' ""' ""'"« some of whom, on certain occasions on ,f. r *' * """^ '"""<="«»' "nnsel, had to drop off because ofter," g dges o7MWs!r\°; ''*'" "'"-■ '- gtveupfromsheredisgustandexhautedp tlfeZ 11: TX^"' """ '° way. emanating from what should be posi.L of Lib I v ' ? *™™ '" *«' is to be hoped it may no. be found ne^s ™ o f, „!' VTh '''"'■~'-''^' « great scandal, as it would be of public mnr,l,> 7 '"""'• '» the so employed have been, or hive to h ' ol ' J'"' '^"°"'' 8°°'' «"* : a" those Which i, is needless to Jay t^Z^l:::: fZ'-^Z '"' ''''"''' ™™^' nearly cover. ^'^^ ''^'^ Commissioners would not 75- And then we have Messrs Vi^^,..,iTr i , , to be a deb. that could only haj cctfd „v , '"' ""' *' "^'^^ ■•■*•"' "«»/«.^,» in order, by sXTfluke to'.V"" "'\''" """' '"""" """^ «-;(-k;m tu 1 ^ nuKe, to throw out the intf>r--i u-, -.—.that the n44 ^^,^^^11X^:1.^^^^^ sonous damage and loss of credit beslder " ' """ ""' °"'^ "'"' >"" rorciJe^!:„tzre::;:ro*.r;^r' " """ \""""'' - *^ -^' powers. T„e 0.,.rnr.JZZ:L^^ZZ:^:: 'Z^T"'""'' "'" was most careful to withold frnm ,l,„™ .i ^°'"""'* "" ""-"= 'h-^estricted . ceive thLse,ra: lit; : tl't'l ^ftel """'"'f™' '^^^ ^™ accomplished w.thin the specific ^Z:^^^:^;'^^'"' '°-""''"" 77- But more than this, the creditors who were invited t„ 1,. never made aware of what the matters ';■„ IZnJ'Tl tu '''''"'' ™'' tedtous discussion, while some very long evidenlf Trtajn on the' ™ ' ""^ -e been agrld ^^X^r:^:^^^:^:^!^^^^ .n7e:ir;:s;r:c::r::o:' ■" -^--'^ -- --d u™taj::'.h t: deliberatfons. ^nl^^^CZZlZ^T' h'^^'I""" "" "'™"'=^ '» *^ »er ignorance of what the ^1;*^;:^ :::*^-: '° *^^ -»-' '" had a'lfthl papt;': i^'tl: ha'nd:? V"' f ''^^"''"' °' *= C™-" h"--. Objections. LLafrt;"etd'e::;n:/ZTs;.:„rofT" °"' ^"'= '^^'' "■>,„, •■ was duly and daily asked for on behS of hi rl H> '"f '" "' ^^■ last day save one before the close of the r Creditors, and only on the within an hour, presumably .be amie/rT 1' '" "" ^^'' "'^'^ Creditors are prepared to shew thaHthl .V "" *™" "^ain. and the grounds on which the lo'^^ t' forrfu'sTh: fh '" ™'"™" "''" '"' ="« nor with the original ground of »n nffl, °'°"'>' "P°'' """s based. The majority re'port ^^ Z^;;!:: ZS":; ■""'' "" ^'""^^^'^^ "'■ matters "A Jif,,,,,,,: i„ ,h, ^„^^ of Their r ! consideration of any things never known nor «:Led TeiS'":::;^,':'" or 7'*"'°" " ation of matters ' V^.^/^«.^ " and pn^.r^.; Tu J ^f'^^^"^^' or else m consider- u matters fully discussed: Lhem"^^^^^^ *;"■ <»""* "=- '" '-' '"e only mission, and hence »/,„ „>„ of ti'eir .Itrs ' '™= "'' """' '^°'»- circ„:L'c:rtl?d:br:hl:*w .r'""'" *" '" -^ --• ^ -*r any Shot,, be paid or notr^rir ruidTZ'' rv"""^' "'^ '-'' of contmerce would be disorganized under sue a yst L : a'S '^T "'"" ";:trtrarr;:r:rstr~'^^^^^ s^cond Place had been acknow^ racteVr brro::t::ti.s:;: 11'' il III to '00^ a„d ,ho downward c": llrT".'^'"'" "°"'^ ^= '"-'■ "' and ac. upon such a priacinle J,k°, . "^T *"'' Govem,„eut couid introduce toally begun. "^ '^ '' ""''°°' 'P"'''' "■""'»" and retribution, would be "d y«, up « the pre^'ut X. .Ir^ :Sv'; """'•• '^ """'' ™''°-* ^ «an'= <:«= .ion of ,o,„e one, here or in New Bru" ' " I^ >, ° ""^' ^""^ misapprehen- »i.ledin .he „,a.,er. and so indLtated l" h° n '" "" "'" "=""=' "-" - »»aU ,« ,„ dd of the halucinatioa ' """""'' ^' 'o'*' "^ '» l« rhr,rz:tr.\:r.i7rF-"^^^ witf. the account excep "os trike a hll ""'■ °""'°" '"«' ""'hing whatever to do «»un.softhetaperiaTS::^L^ra:dZhe^Th™r^^ '° -'"■ ^' "" ly spirit to Hghten the burden to yihlT'^, „"■=*"""» l^^' in the most friend. to: and the accounts WnTrorrsJiLr^''^' """ "' '"' "**^ Government by this Con„ifsir(n«:ta T^""^ "=°"^ "^ *= Commissioners to ignore theml .J""""""™*"? *= foohsh attempt of the two •he faliacious impreC: so 1 tZor ^iS;^^^^ ablad tolook squarely at the fact! and ridWmsetf aU T L" ''l"'""' " "'"' - ■mposed on him, the more creditable will i.te to Wm "if r' m T ""' "='" understand an account is one thins b,„ ,„ , I ° '°"'^''' "' '» "is- deb, or to repudiate it i„ who e f i';: 1^1::"' "'f "'^'"*'' '""'= resulted in returning a false balance u!! Z \ "' » have on this occasion moralise this community °°""""« ""' "="" »=>"" be allowed to de- un^sailable. The debtor J f^ ^ t ; o^-e":' f T""" ^ '° ""^^ " Commission, has caused the old book, ledr.^ '"'""" "" °*«' Tl-' .rnmentaKhives to be exhumed^d ha'T ?' ™'"^''°"' *■=■ " *= Gov- b«la»:.. The creditors areThetfl '^1*"^ """"" "" '"""""' *« <='<"" «>e that tltt debt be p.id.a«dthreo,«t1I"'°.*°"* ''"*"°^' ""'' *"'^"<' way iron a„diate it has bee^^rdyspldfo .C "^ "'" ""^ " "'«° <" '^"■ It as to refuse this. ^ * " '° ""^ 'ailway ties, refuse lo pay for 83. This aflair has nothine whatever tr. /i^ \t. .he pohtical honor and good falhXlfh^Strh"'^''*^^^^ "" °"'^ ™* Corporatronsdonotdie by personal ch"l TZ' ^ '""""°" '" '"' *«- Governments do no, die by political chantf „ "h f^dZi T- '"*""'"'"" """ remarks have been carefully guarded not ,r.' P""" creditors nevertheless, for the prr^nTlr ^Tht Tel^f fo'^ *= wStxir :?';::: r '""^ '™- - ---" - - slightest degree *^ '^ ' '°""*""" accountant can alter in the to the declared sat, JctlTrte 00^ 'f u™^ '"^'^ '» «>e creditors. Government bond, thet ; .^^ ""J ,7^.' ^fn t'te^""'"' ''""*"' '" ^ and actually been neirotiated l.v , ZT I "** "" " "cgotiable security and consent of the 0^:^ G^eH" " i i.re"t':' "'" *= '"°*-*' «»«/ a/,^ »,,■// & ;,w I, i, „„ Tl, J * ^ <»«cuss it,-such a debt .hemselvesoftberestl'lrr^^ltr^r^rrLir:- '^ '""™ onhigher'!2-;':::;;r„t:r:h'r' "r-^ ^"--'^ ^^ '■'«^-" '- Should be made,';hat *: ^^rrVsto rdt tfr^ tir"' *" '^.^ -"^ It should be paid, and the carrvin,, a„» „f ,1, . '"'''""=''• *« P'oiwrtrons in which Commissioners, ^.setarZwJedlil'thT^r"' ?'""""'"" ^^ '">'-™' there was one Commissioner t^ wth thtto ' tT^f '"'"h l"' " *"" '^""""'' the Imperial Government, so that an acre ^S h T\ ""'""^^ »d <>« for not be taken from either ;ithout the !,"' r '"'^ "'"' "^ ^' «■■""= ^""'d and n« a dollar of ^ney^^lllTIlr rrC rtir^'^'^ T"'' pended without the like means,-ii, m, dutv „f i 7 ^' ""P"'l>'''y ex- protes, and the settling of a,e inafer t r^T^tr^ *!'l'T"^'r^ ^^ majority of them, were competent thereto „nir' V *;""7""'' ^^-^ ^^""p, or a Provinces and finally to the C^tltt'L'*" ""^r" ""' '° "« difference on the territorial part of the que ™r ""^ "^"'^ '" *« 87. O that higher sectmty, were it po^ible that tie Dominion codd-whid. J3 "t is not for a moment intended to insinuate-fomPf a-h,. • , good faith, the claimants would be en.blj^l ,, Z I '1 "^V ^'' '^""^^ ""^ appeal for redress for the debt die to f f ' '"'^ '° '^'''^ ^'S^'' '-^"^f^onty Commission and the tnsWfrlr ""/''' '"^"'^' ^^''' ''^^^ I'"l--^' t'K7 would be c,o,n,.„,; 1":: t^t tt;^" ,r""^^ r ''^'"- ^" ^"-^^ -- which has not here becM touche 'un„n h ^ '''''' °^ '" ''" '''^ ^'^■''^"^. ''"' have entered into the op,:;rt;f:Srth:^ ""^^^^''^ '"^''^'^^ ^^'^'^ wise unaccountable delay in the .nvmen T f^overnment mto its other- obligation. That such /course E Ind L"^: r^^^^^^ ^^ '-« "--ed entertain no apprehension for M,ic r, necessary, they, however, Ihe public creditor be dcfraud^dtZ.T.f"^''' ""'"' ^"''* '""""•. "V .Ke malice, .he cnprice, or whtta ' ifl;!';';"",",''"''' "'""""'=^ '° 8™"'^ I& individual aJv,„„,a, e ._i„ u" ,' '''^ '" ""^ ^- "'V ">i"l< l" be ...;ci„ub.ed, „.ouM .™uwi;r r:;';ru:ri'°:"-"' "■" ^'•'""""" • "W^Uource of ihe obligation in, he mo.., r '■'^" '"'™"'>' »' "'= would be remedied, .he d b. ,.id and I f tn'f" t'"" """ """'" «"™"=" so far rorBe.fu, „ra jus. obli,aU„„ »:! r r 3 ;7 *' ""''" would no. bear repe.i.ion, .vhile .o any one who fo t ' '" ■ """'"^' """ brought discredit upon her, the only 'pos^ibl r^suh ^irbfr T """• "'"' who, at one time or'another, h^^^ rthe r^tT^o ^^'^^ " ''''' " ^^^^ tune. The people of New Brunswick ZTX T . ^^°^^''""^c"t to her misfor- this Dominion and as able 2T.^^Z\Tl^r''' '"' ''^"^^^'"^ ^^ ->' - people of New Brunswick who fir i2ted the . '"' '''^^' '' "'^''^ ^^ '^e difficulty originated, and aggravat:yt:r:';fert1nr'^ but a set of irresponsible men who conLll d'hTr ak f ^^^^ ''r""-^' opm.on : and it was only after the overturning of the Jd order of ti"" '°P"'" that popular opinion was first brought to bear unon tV "^' '" '^54-5 Justice initiated, the full fru.ion ofUich has bTen ^leT; ^ ''" "^T"' '' pensation Canada has been willing to pav out "/''''"''^' '^"^ ^^^^ the com- Brunswick.retardedthroughmean'srnd^:'fiu en efit il TCT' tt '' ^^^ never become necessary to scandahse the public elrbvext^^^^^^ ' " ""^ Praymg therefore for speedy payment of this long overdue d.h. ^ u pensation for the outlay and delay mcurred in prosecutbrt u '"'^ '°"'- reasonable-the foregoing is Prosecutmg it, as may be just and ^Respectfully submitted, ~ JAMES TIBBITS. |°e7K [^-"-f -"-t«! /-- the dispmed terri " an "^^f "' 'l"" '''"" '^''^^^°" CoS n.e.l fr.,m the timber cut on Die dispmed territory was levVrl in k ', ^'^ '^"^ '™^ revenue she de- this was collected on all that timber in addition to ^e " fin^i ^ '''^P*^ °^ ^" export duty a^i for to the Commission. By the true spi^o the Cutler and n '"'' '''"■'"''^^ " '^'^ ^"^ "ot accounted the "fines and penalties » (instead of'a parTconstitmfn/thl ^ "''°" ''^'°'' "'"'^'""fe. the who"" of been refunded and the "full duties » coliecteHrS t houl^hr''^ '" ''""■ ''"''^^ > should have Th. is a grave question for New Brunswick, bul of cTse t't^r^Tli^'t 'K^ iS '^ t