IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I "- IIIIM |50 ""'=^ Hi uk If 1^ 12.0 2.2 II! 1.8 1.25 1 4 1.6 — .< 6" — ► V] <^ /2 % ^^^oS .>, '!■* /,. /A ••/s V '/ Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, NY. H380 (716) 872-4503 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 tht* best original copy available for filming. Features of this copy which may be bibliographicaliy unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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 normals de filmage sont indiquAs ci-dessous. □ Coloured covers/ Couverture de coulaur □ Coloured pages/ Pages de couleur I I Covers damaged/ Couverture endommagie PTj Pages damaged/ IAlJ Pages endommagies D Covers restored and/or laminated/ Couverture restaurie et/ou pellicul^e □ Pages restored and/or laminated/ Pages restauries et/ou pelliculAes I I Cover title missing/ Le titre de couverture m^.ique Pages discoloured, stained or foxed/ Pages ddcolor^es. tachetiies ou piquees □ Coloured maps/ Cartes giographiques en couleur D Pages detached/ Pages ddtachdes D Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) HT] Showthrough/ Transparence □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur □ Quality of print varies/ Qualiti in^gale de I'impression D Bound with other material/ RellA avec d'autres documents □ Includes supplementary material/ Ccmprend du materiel supplementaire □ D Tight binding may cause shadows or distortion along interior margin/ La re liure surree peut causer de I'ombre ou de la distonion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutAe« lors d'une restauration apparaissent dans le texte, mais, lorsque cela Atait possible, ces pages n'ont pas ixi tilm^es. □ Only edition available/ Seule Edition disponible D Pages wholly or partially obscured by errata slips, tissues, ev'c, have been ref limed to ensure the best poasibis irr.age/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata. une pelure, etc.. cnt 6td film^es A nouveau de facon ^ obtenir la meiileure image possible. Additional comments:/ Commentaires supplimentaires; Various pagings. This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de rMuction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X " 7 12X 16X 20X 24X 28X 32X Th« copy fllm«(d here has bean raproducad thanks to tha ganarosity of: Douglas Library Quaan's Univarsity L'axamplaira filmA f ut raproduit grAca A la gAnirosit* da: Douglas Library Quean's Univarsity The images appearing hare are tha best quality possible considering the condition and legibility of the original copy ar.d in keeping with the filming contract specif icationa. Las images suivantes ont tt6 raproduites avac la plus grand soin, compta tenu de la condition at da la nattet6 de i'oxempleire film*, et en conformity avac las conditions du contrat da filmage. Originei copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first psge with a printed or illustrated imprea- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain tha symbol -^ (meaning "CON- TINUED"), or tha symbol y (meaning "END"), whichever applies. IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large 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: Lee exemplaires oiriginaux dont la couverture en papier est ImprimAe sent filmAs en commenfsnt par la premier plat at en terminant soit par la darnlAre page qui comporte une emprein\:e d'impression ou d'illustration, soit par la second plat, salon la ces. Tous las autras exemplaires originaux sont filmte en commen9ant par la premiAre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la darnlAro page qui cumporte une telle empreinte. Un des symboles suivants apparaltra sur la darnlAre image de cheque microfiche, selon le cas: la symbols — ► signifie "A SUiVRE", le symbols V signifie "FIN". Les cartas, planches, tableaux, etc., peuvent hue filmte A des taux de reduction diffArents. Lorsque le document est trop grand pou; Atre reproduit en un seul clichA, il est filmA A psrtir de I'angle supArieur gauche, de gauche A droite, et de haut an bas, en prenant la nombre d'imagas nAcesssire. Les diagrammes suivants illustrant la mAthode. 1 2 3 1 2 3 4 5 6 --^m*-^. ;«^,; ■-^mt^. X. RKi'OUT.^ <5i^' WRIE VA3ft;El§l. ©eufiit Of ^fiiscjnfely, 183:». il -;-*-^ THE SEVENTH REPORT FROM THE SeUtt €ommfttee OF the; house of ASSESMBL.Y or UPPER CANADA ow ORIEYANCE^; To inhom werr rrfrrrcd Lord Viscovnt Goderich^s Deitpatch. to Jfia JZxcf Henry Sir Jchn Cvlbome, of the bth November, 1832. ^. TO WHICK IS ADDED, THE REPORT FROiM THE SAME COMMITTEE, ON THH PETITION OP WILLIAM rORSYTII, LATE PROmiaTOR OF THE NIAGARA FALLS PAVILION. IV. £.. ilIA€I^33NSElE, F.S'TEATSI. 1. TabU ofContonU. S. General Index. 3. The SEVENTH REPORT t 4. Orders cf the IIouso zlix 5. Minutes of Evidence to 7th Rop. (5th of Fob'y to 10th April; reported 10th April, 1835 1: 6. Document* appended to 7th Report 106 7. The Report on the petition of W. Foviyth, Niagara FaUa t. Doeutnenti aiines.ed to said Report. 9. Dfaftfi of Sundry Bills. VH. TABLE OF COISTENTS OF THE SEVENTH REPORT, f XLIX •'y to 10th !• lOS g;ara FbIU ETIDEITCE. TTiio'sday, oth day of February , 18.'i.">. Pack. LieutPnaiit Calonel Willinm Rowan, Secretary to the Lieutenant Governor, 1 Elias Moore, Esquire, M. P. P. for tlie County of Mid- dlesex, B James Wilson, Esquire, M. P. P. for the County o( Prince Edward II Very Reverend VViiliam Jolin O'Grady, B. D. Toronto, 16 Fnday, 6th day of February, 1835. John Johnson LcflTerty, Esquire, of Stanifori^ 20 William Dnnlop, Esquire, Warden of the Forests to the Canada Company 22 Colonel A. CJ. VV. G. VanEgniond, of Ross — Huron Tract, 26 Saturday, 7th day of February, 1835. Very Reverend William John O'Grady, B. D— Toronto, 28" Tuesday, lOih day of February, 1835. JamosKing, Esquire, Barriste • at Law— Toronto 42 Colonel Alexander Chisholm, M. P. P., for the County of Glengarry, 44 Reverend Angus McDonell, Cure of Sandwich, 49 Thomas DaIto;i, Esquire, Fdifor— Toronto, 61 Wednesday, llth day of February, 1835. Jooii Brown, Esquire, M. P. P., for the County of Duriiain 52 Friday, 13ih day of February, 1835. WiUiam Buell, Esquire, of Brockville, ,.... 5.5 Very Reverend Wiliiara Joh.i O'Cirady, B. D., Toronto, 58 Table of Contents. WKaTt Circular Questions, numberud Ist. 2nd, and 8id, put to th« resptfctivo Mcinlmra of Assembly, aa to Polling Places at Count)! Elections. The Answers thereto of Doctor W. Bruce — Co. Pfoiniont, to Question 3rd ... 62 John Bower Lewis, Esquire — Co. Carleton, to Ques- tions 1 St and 2nd, ib. Deunis Woolverton, Esquire — 1st Riding Co. Lincolni to Questions Ist anil 'Jrd ^ ib. Thonins Parke, Esquire — Co. Middlesex, to Questions 1st, 2nd and 3rd , ib. J. A. Wilkinson, Escjuirc — Co. Essex, to Questionslst and 3rd, ib. Nathan Cornwall, Esquire — Co. Kent, to Questions 1st and Hrd, ib. F. L. Walsh, Es(juirc — Co. Norl'olk, to Questions 1st 2nd and 3rd, ib. Thomas McKay, Esquire — Co. Russell, to Questions 1st, 2nd and ord ib. Ilirani Norton, Esquire— Co. Grenville, to Questions Ist 2nd and 3rd 64 Harmanus Smith, Esquire — Co. Wentwoith, to Ques- tions 1st, 2nd «nd 3:'d ib. Jacob Rytnal, Esquire — Co. Wentworth, to Questions 1st, 2nd and 3rd ib. William H. Wells, Esquire — Co. Grenville, to Ques- tions 1st, 2nd and 3rd, ib. Jacob Sliibley, Esquire — Co. Fronlenac, to Questions 1 St and 2nd, < ib. Peter Shaver, Esquire — Co. Dundn3, to Questions Ist and 2nd, ib. Donald iEneas McDonell, Esquire — Co. Stormont, to Question 2nd, 65 Donald McDonell, Esquire — Co. Glengarrv, to Ques- tions 1st, 2ud and 3rd ib. Oeorgo S. Boulton, Esquire — Co. Durham, to Ques- tions 1st, 2nd and 3rd, ib. George RyUert, Esquire — 2nd Riding Co. Lincoln, to Questions 1st and 3rd, ib. Edw'-.vi '^Talloch, Es'jLi'ie— Co. Carleton, to Queetione 1st, 2nd and 3rd 66 William Moniy, Et^iuire— Co. I anark, to Questions 1st and 2nd, ib. Snmiiel Lount, Enquire — Co. Simsoe, to Quesliyna 1st niid 2ad, ib. JrimesDurand, Esquire— Co. llaUon, to Questions 1st nnd 2rid ib. William MoCran, K ■i-iiic—Co. Kent,, to Questionslst rr:^:icii: (.'alilvvo!!, Esquire — Co- Essex, tj Qucations island^rd ib. David Thorburii, Esquire -;ird Riding Co. Lincoln, 67 Fable of Contfnt?. FACC William II. Mcrritt, Esquire— Co. IlalJimand, to Quet- tions 1st and «iiil, ib. Henry VV. Yager, Esquire— Co. Hi<-.'.i:\js, to (Juealioui 1st unci 2u(t, ib* Friday, 6th day of March, 183.5. ThcIIouorablo John lioniy Dunn, Kccoiver General, 63 Monday, 9th day of March, 1835. Bernard Turqnand, Esquire, lit (Jierk in Receiver General's Office, 70 Gilbert McMieking, Esquire— M. P. P. 4ili Hiding Co. of Lincoln, 71 James Dutaud, iljqiijre, M. P. P. Co. of Ualton, 74 Friday, 27th day of March, 1835. The Honorable (Jeorge H- Markland, Inspector General of Public Aoconnfs, Aleniber of tlic Executive and Legislative t'ouncils, 76 JameaKing, Esquire, Barrister at J^aw, 'i'orouto, .... 80 Wednesday, \st iay of April, 1835. The Hon. and Venerable John Slrachan, D. D., Arch- deacon of Toronto, JL-mbor of the Ex'^cutive nnd l^cfjislativo Council'3, 81 Monday, 6th day of April, ]8o5. The Hon. Peter Robinson, Conimi.ssiorior for the sale of Crown Lands, Surveyor GcMieval of Woods, Mem- ber of the Executive and Legislative Councils, &r:... 83 Thomas Baitr^H, Esquire, Secretary to Clergy Corpora- tion, .' 92 Tuesday, 7th day of April, 1335. Mr. Henry Pannebacker, Farmer, Waterloo, GoreDi3- tnct. 93 Samuel P. Hurd, Esquire, Surveyor General, ib. Friday, 10th day of April, 1835. Wililim Warren Baldwin, Esquire, Barrister at Law ; Toronto 94 No. " 1. Letter, Coianel Rowan to the Committee, 18ch March, 183.5, 10.1 " 2. Letter, do. to ?.Ir. Secretary Cameron. do. do \b. Taufx of Co.NTKNTS. " 3. LctU'i', Mr. SociTtJirv C:iiii^Ji>ti to llirCiJniiiiiitcc 20ih March, 1H;j5, " 4. lii'tU'i, (/oluticl Iluwaii tu tilt- CoMitiiiilet', tllh March, IH.T). 5. Pi>i)ul;ili()ii (»r rpper r'aiiaihi, . A iiicultural Products, ll-'ot),(lJluc H(iok) •' 10. liilanco of Kovtiiiio as hIicwii mi llio l'»luo JJook.. . " 10 (a) The Keccivor (ioncrid'a .'«iiitiiiioiil of ihc seve- ral |)iiblic funds iVoiu A. to W 10(1)) Correspoiidoiicc between tlio Chairman and the Roccivrr (funerni, ** 11. Mouicr.'.ndijiu of Revcnuo lialaiitL's, Dccciiibor ;{ist, 18;{1, FAdC lil^i ib. 107 ib. ib. Klft 100 110 ih. Ill li:.] " 12. Tabic of rfalaries, Fcoa bikI llinolmiiotita. which have been paid out of revenues raised fioiii tlip peo- ple of Upper (Jaiiada for the year ll-:;:}!, <.'liieny de- rived from tlio returns of the oliicers liioiiiseivey. as sliew.T in the iJhio IJook 13. P onsions, " 14. Archdeacon Strachan's Income. lit VS6 15. Salary and r.llowances paid to the Lieutenant Gov. criiors of Upper Canaila, eiit of the Kcvoniics raised from the people ol'lhe Province ^inte 1st of Jauu- iry. le; *' 16. Income of Lieut, nmernor Sir J. Colborne, for tiie year 18:54, 17. Payments to tiie llou. Peter liobinsou, since July 18'^7, " 18. Payments to tlie Hon. D. (^amcron,. .do., .do. •' i:*. Pavme»i»-". to »he. Hon. .1.11. Dunn, . . . .do., .do, *• ilO. Clergy paid by Exeeutivo Government, «' 21. Letter, Col. Rowan to (ho Ccmmittce, 2n(l Apiil, ]2(i ib. 12/ ib. VIS 1^:9 1835, ♦' 22. Extr'.ct fiom a Despatch from the .■^-ecrct;;!-;,- t v the Colonica relative to appropriations for Churche.", '■>■ ■t:/ ihJ: HI V 1«-?J 23. lictter. Col. llowan, to tho Receiver General, iJOth March, 18.'i5, relative to nioniis paid the clcr.: 24. 1 etter, the T'eceiver General to Co). Rowan, with detailed statements of monies paid to the several lenorninations o f CI eri 25. Payments of the Clergy, 18;{:j, 20. Details of payments to the Cier<;y of the CliuicU )f Euy;la!id, A. 27. 28. )f. .do Cliiiieh of ScotI .m'-l, of n. lo lo riiited Presbyterian Synod, C, "29. do of do toJJuild Roman Catholic Cluuche"*. D ib. 130 ib. 131 Vi-Z 13tl 13? ib. TaULI:: 01' CoNTliNTh. No. 30 r.i^incnU ot llu, (Jlrrgy, IH:M, " 30 (i) I'iilimiitc forClcijiy of N. Antcric.i, when lor- niPily paid by the votta ol the lloui^r ol < loininons of (jircat Uritaiu, ' .11. Dotaila of payincnts to the CIciJiy of lljc Chinch of Knghiinl, A, "32. do. ...0. Chinch of I'ligland Clergy (Payments to) ' 51. Globes to Cluuclics of England, Scotland and Rome, ' 52. Return oi ilu! Clergy of the Church of England from I he Blui; Bonk, 1834, ". ■ , , Wcskiy.u) .MLllioilibt;>, >]. rfftbytctiau Ckr:;_v, TAGR 138 141 144 145 I4i> 148 140 15U ib. 153 154 ib. 155 ib. 15tS 157 tb. l.'jp 150 ir.o 161 IHt IfiJ 161 Km Hi/ Kif) Table of Contemn. I'AGE No. 55 Roman Catholic CJcrgy, IGD " 56. ExpcRdituro on Emigration, 1831 to 1834, ib. " 57. Expenditure of i;7,558 Gs. ll^d. by the late Ro3- well Mount, Esq. of Middlesex, on Emigration in Adelaide, Carradoc and Warwick, 172 " 58. Extracts from a report by Sir II. ParucU and others on the management of the puNic revenue, ....... 17G " 58 (a) Extract from an address of tlie House of As- sembly in 11th Parliament relative to the Banks, &c 181 " 59. Form of a warrant on the Casual and Territorial Revenue by Sir P. Maitland, 182 '• 60. Remarks on Casual Revenue Accounts, 183 " 61. King's College, 185 " 62. Upper Canada College, ib. " 62(a) Address of House of Assembly relative to U. C. and King's College, with the reply of the Lieu, tenant Governor, . . . > 186 '• 63. District Funds 187 •' 64. Toronto Hospital, 188 " 65. Extracts from the official correspondence of Wil- liam Lyon Mackenzie, Esquire, with U:s Majes- ty's Government in England; with other documents, 188 Minulcs of proceedings of Central Committee of friends of Civil and Religious Liberty, appointing W. L. Mackenzie, Esquire, their Agent, ib. " 66. Certificate of Committee appointed by the resolu- tions of 58 Township Meetings in U. C 189 " Q7. Certificate from Committee of Home and adjoin- ing Districts appointing W. L. Mackenzie, Esq., their Agent in England, ib. " 6S. Indenture appointing W. L. Mackenzie, Esq. a Representative of the yeomanry of the County of York, 4thFeb'y,a832 100 " 68(a) Letter from Morgan O'Conncll, Esquire, M. P. to W. L. Mackenzie, Esquire, ib. " 69. Letter, Lord Ilowick to Mr. Mackenzie, 23d Juno, 1832 191 " 70. Letter, Lord HowicktoMr. Mackenzie, 29th June, 1832 192 " 7i. Note, Lord Ilowick to Mr. Mackenzie, 13th Aug., 1832 loa " 72. Letter, Lord Ilowick to Mr. Mackenzie, 8th Sept., 1832, 194 ,, y.' I Notes from Lord Vijcouut riodcrichto Mr. Mac- ., ye' S kenzie, respecting an appointment, on 7ti.\ No- .. J^' J venibcr 1632 lOj " ll7 Selections fiam Mr. Mackenzie's Letters to Vis- count Godciich, whicll were transinitlcd to Sir John Colborne for publicHtioii m Upper Ciianda, together with Hi? Loi'lr^hiii's i^ci-patch'-r ^^ih N(;- I 181 Tahlf. of Contents. PAD I! vembei-, 1832 190 A. — The Legislative Council, 197 B. — The Legislative Council, ib. C— The Bank Influence, 198 D.— Education, 199 E.— State Churches— Clergymen in the Council, 200 F. — Government Patronage, L. C ib. G. — Some Evidence of Colonial Misrule, 201 IL— Colonial Officers, 207 J. — ^Justices of the Peace, 213 K— Trade of the Canadas, 214 L.—Tho Land Granting System, 216 No. 78 Extracts from a return to an Address to the House of Commons, dated 18th July, 1833, - - - - ib. " 79. Despatch, Sir J. Colborne to Viscount Goderich, 16th February, 1833, 234 " 80. Addresses of the Legislative Council and House of Assembly to Sir J. Colborne on Lord Goderich's Despatch of 8th November, 1832, 235 " 81. Address to His Majesty from tho Inhabitants of Lennox and Addington,- -------- 244 " 82. Address to His Majesty from the Inhabitants of Cobourg,. --.-.-.---..-ib. ** 83, " Upper Canada Legislature" — Return to an Ad- dress of tho House of Commons, dated 6th Fe- bruary, 1833, viz. 24.'; Letter from Sir J. Colborne to Lord Goderich, 28th March, 1833, 247 Roturn of Members of the Legislative Council, Executive Council and House of Assembly, on 1st July, 1832, with their Offices, Employment, Grants of Land, &c. held under the British or Co- lonial Governments, ---------- 248 Titles of Bills of a Public Character which ori- g'nated in ihe Assembly of Upper Canada, and were lost in the Council &c. for 10 years, - - - 258 Ditto, ditto, for the last Two Sessions, - - . 272 " 83. (a) Extract of Despatch from Sir John Colborne to Secretary Sir George Murray, ----- 277 Proceedings in England with Acts of Colonial Legislature, 278 " 84. Letter— Lord Howick to Mr. Mackenzie, 29th De- cember, 1832, ---ib. " 85. Letter — Mr. Mackenzie to Lord Viscount Gode- rich, 0th January, 1833, 27J) " 8G. Lettor — Mr. Mackenzie to Lord Viscount Gode- rich, 19th January, 1833, 280 " 87. Letter — Lord Viscount Howick to Mr. Mackenzie, 22nd January, 1833, 291 " 88. Note— Lord Howick to Mr. Mackenzie, 7th March, 1833, 293 '' 83 (a) Dismissal of the Crown Lawyers by His Majesty; i Table of Contents. PAor Mr. Justice Boulton's pxplaiiation, despatches, fire. 294 No. 89 Note— Mr. Kaile to Mr. Mackenzie,Mayl5)th,18:VJ 21>9 " 9(). Note— Mr. Wickhamto Mr. Mackenzie, 14th ATay 1333, ;;,. " 91. Letter — The Purveyor Gc-iieral to the Commit- tee, with \m answers to certain questions, 300 " 92. Message from Sir John Colborne, with returns of the Justices of the Peace, Commi.ssioners of Courts of Requests, &c., and relative to the pow- ers of the Executive Council, il). " 92(a) Statement relative to the Executive Councils,... 302 *' .93. Magistrates Western District 303 " 94. do. London do. 304 " 9.5. do. Niagara do. 30G •' 9G, do. Gore do. 307 " 97. do. Home do. 308 " 98. do. Newcastle do. 310 • " 99. do. Prince Edward do. 312 "100. do. Midland do. 313 " 101. do Johnstown do. 314 "102. do. Bathurst do. ----- 315 '♦ 103. do. Eastern do. 31(1 " 104. do. Ottawa do. 317 " 105 Return of Commissioners of Courts of Requests, 318 " 106 Letter — The Inspector General to Colonel Ro- wan, stating that Collectors of Ci'stoms are re- quired to attend to their duties, 17th reb.1833, - 333 " 107. Circular— The Inspector General, on Collectors of Customs attending to their duties, 4th Novem- ber, 18:33, - . - ib. " 103. Schedule of Members of the House of As.!!embly who had situations given tltcm, . - - - . -334 " 109. Schedule of Members of the present House of Assembly holding office, and the offices so held . . 33.> " 110. Address of Housed of Assembly on Post Office, and re|)ly, with Letter from the Deputy Post Mas- ter Genen-il at Quebec, to Col. ll(^wan, promising Returns required • .333 " 111. Indian Department ,340 " 112. Letter — Doctor Harris, Principal of Upper Canada College, with statements on Education. - - - 31;'» " 113. Address of the House of Assembly, relative to the dismissal and rea|)pointment of Mr. Solicitor General Hagerman, &:c. .------- 3,'»r> '' 114 Address of the House of AsscntMy in 1829, rela- tive to the imprisonment of IS . Francis Collin.s, withthe voles thereon ; answer lereto ; Mr. Justice Sherwood's Letter to the L utenant Governor; Memorial of Francis Collins; answer thereto; Resolutions of the House on His Excellenry's Answer; Resolutions of llie House on Collins' ".'ase; Address to His Majesty thereon, - - - ib. llJf The lieport on Mr. rorxijlh's cfi^r, and copy of certain UUh re j-i-^ted (he Lp^islnlive Counri'. nre jifncnl at the end of the volume. INDEX To THE •^EVER AT. MATTERS CONTAINED IN THTS VOLUME N. B. — The Figures following the Names of the Witnesses refer to the numbers of the ques- tions in the evidence; where p.is prefixed,(lhus,p. 141,) to the paging generally; and where Roman numerals are used, (thus, xxiii) to the paging in the 7th Report. A star added to the page, (thus 20^*), shews that the report and evidence on William Forsyth's petition are referred to. Accounts. — Audit of the Public Accounts, xix—Reluvna de- layed by the dovcrniTient, xx Ought to be periodically re- qnirexl in many cases b_v statute, xx— — All public accounts go Jo the Inspector General's Ofl'icc for inspection, Turtjuaiid 429 List of Accounts or Funds Kept by Receiver General, p. in Pension Account, j). \22 Account of payments made to the Clergy, p. V.\2 &c )). 138 Account of Expendi- ture in building Scotch Churches, p. 158 Account of Ex- penditure by Crown Land Conunissioner and his Agents on Emigration, 1831 to 1834, p. 1(19 Roswell Mount's Ac- counts, p. 172 Accounts of the Colleges withheld, |). 185. Arcovntants, Pithlic. — Their bonds are kept in the Receiver (ieneral's Office, and are sent to the Attorney General's office for prosecution iu cases of defalcation, Ttirquand 431. Acts, Colonuil, proceedings with, by the Secretary of Stale, Law- Counsel, and King in Council, p. 27S. Adanison, Hon. Peter. — OfTices and public lands held by him, J250. AifiJicfisra to thf TCinp;. — The Methodists requesi the Lieutenant (jovtMnor to convey their nd.lress to Ilis Majesty, p. 150 V'xtract lV<»ni an Aiblrcss jigainst rlisallowing the Bank ("liaitfMs;, p. 1;-M The Address of the Inh;d)ifanfs of the ISia^ua District Itid itefure Mis Mnjosty by Lord (indericb, p. \% ' i u APP Aildrcssca to the King — continued. [Index M>3— — Adchessos of rnliabituntsof Lpnnox and Addington and ol ('ohoute, rt^turiiiiig thanks for Lord (jodciich'a De^jpatcli, . |).ii4l Tho Address of the House (»f Assembly, praying thnt V, Collins may he liberated from jail, p. ^71. AiltlresseH to the Lieutenant Gnvernor. — An address from the Me- thodists, 8th Sept. IH:}!, with his reply, pages 1.50 & 151 Address reported by Com. on Grievances for information rela- tive to King's College, p. 18(5 his answer, p. 187 Ad- dress of Legislative Council in answf.r to Lord Goderich's despatch, p. y'J.'i [for contents sec "Legislative Council"] Address of llonsc of Assembly in answer to the same, p. 243 Address of do. on Post Oflice, p. 338 Address of do. earnestly entreating that F. Collins might be restored to his family, p. 357 Address in favor of remuneration being gi- ven to Wm. Forsyth for the injury sustained by him during the Niagara Falls outrages, p. 20*. ^. Agent. — A Provincial agent in England would be beneficial to the agricultural and commercial interests of Canada, Moore, 77— —would bo advantageous as a check on hasty legislation, JVilson, 93 .might check injprovident legislation aftecting colonial iutcriists, Dunlop, 1G7. Allen (Question, Lord Goderich's remarks relative to the, p. 22.3. AlUm, [[on. Wm. — Oflicial income, and public lands granted to, p. 250. Althoip, Lord Viscount, thanks Mr. Mackenzie for the infnr- mation contained in his letter of 22nd \ugust, on Cuuadiun affairs, p. 21)1). Applelon, Tiioinas. — Archdeacon Strachan has no recollection of un unfavorable report emanating from the Executive Council ou. bis petition for his proportion of tho public money as the Index.! B A L Applcton, 2Viowjfls— continued. teacher of a commnn school in York, 541 his petition to the King, foiwarlctl per the July mail to Sir J. Colborue, Uowick, p. 194. Arbitration BiU.—\ Bill to provide good understanding among neighbours, iind to lessen the number of expensive lawsuits by establishing courts of Pacification, passed in the Assombly and rejected by tlin Legislative Council, 1830, p. 267. Archdeacons of the Churr\ of Enf^land — two were saddled on the Colonial Revenue, 1827— —£147 paid by Ad mi Gordon for their patent, p. 104. ^shburtoHt Lord, condemns the doctrine that persons accused of libel may be held to bail, with security fur good behaviour, be- fore trial, p. 370. Assembly, House of. Sec House of Assembly. Attorney General ; the bonds of public accountants sent to his office for prosecution by the Receiver General in cases of de- falcation, Turquand 431— -Fees, p. 188 ——See also Henry J, Boulton, Chief Justice Robinson, and Robert S. Jameso7i. Audit, Board of. See Board of Audit. B Baby, Hon. James. — Shcda tears when obliged to vole agfainst hia conscience, xxxvii. Income and lands grunted to, p. 248. Baldwin, Hon. Augustus. —Ltuuls granted to him, p. 250. Baldwin, W. W , examined: — Some years ago a committee of the inhabitants of tlio Homo District, hold a correspondence, throiigli witness, as the chairman of a general meeting, and petitions wore sent home, 600 witness delivered to tiio committee, three autograph letters addrcsed to him, one from the Right Hon. E. G. Stanley, anotlier from Lord Godorich, and the tliird from Mr. Hume ; also an attested copy of the petition to Hie Majesty ^ to which these letters had reference, 607. See letters and petition, page 85 to page 104. (l^ Ballot Bill, Leeds Elcction.—A Bill poGscd by the House of Assembly and rujeetcd by the Lcgislutivo Council, to promote th'' freedom of Election in tho County of Leeds, by introducing the veto by Ballot, with the votea of tho menibcrs of tho Iloubu of AiiBcuibly theieun, is placed the kot tuticle in this volume. B.tiiii, ihc v(,'-- iij — Do^.i »in( 'e iuHuence ot the Bank of Upper Canada ; its refusal to sub- mit its accounts to the House ot Assembly, Mackenzie, p. IQB Bill to enable the Receiver General to issue Bank Notes cJiargc- bie on the public rejected by the Legislative Council, lB'6',i, p. 271 Bill to luoorporatc the Commercial Uank at Kingston, rejected in the Lrgislntiyt! CounciH 1830, p. 207 Again re- jected by the same, 1831, p. 268 Bill to incorporate the Bank of the Niagara District (St. Catharines), rejected by the Legis- lative Council, 1833, p. 271— —again rejected by the same, 1835, p. 275 ^^Bill to Incorporjitc the (loro District Bank, rejected by the Legislative Council, 1S33, p. 27'2. Bap'ists, receive no money from government for their religioua services, xiv. Baring, F. T., M. P., report by, on management ol the public re- venue; p. 170. Balh Acadeniij. The Legislative Council throw out a bill for a grant of money to encourage Education at the Sees. 1835, p. 275. Batliurst Disliict. I, ,4 of .Tiislicca of the Peace, p. 315, aud of (.^ommidsioners of the Courts of Requests, p. 321. Buynea, Thomas, expliiins an onil^oHion m the Blue Book with re- (vard to his nrtic(! and income, i}'J7. Kee page 115 uud nutcu Bcikic, John, kjulary, itc. 115 Sdh iuu'. VI w, -salary, p. l'6\} ilu. p. IG'J. Index.] BOA '5 BfTCzy, William, votns for returning Lord Goilerirli'a Dcepatcli XMV office hold by, p. 252 2400 acres oftlie public lands granted to, p. 253. Bethune, J. O. Expenditure on Emigrants, p. 170. BiUs, passed by several Assembliefi for tiie redreus of grievances but rejected by the government and its officers, p. 283. BiUs, Titles of— rejected by the Lcgielatiyo Council during the last twelve years, p. 258 to p. 277. (^^ BILLS are placed "^^ the end of the volume, whioli the House of Assembly passed, and the Legislative Council rejected, viz: 1. A Bill to amend llie Charter of King's College, with the votes of the House of Assembly thereon. 2. A Bill to promote Education ; with the votes of the House of Assembly tiiereon. 3. A Bill to promote the freedom of Election in the county of Leeds, and to oiiablc the Electors to vote by Ballot, with "the votes of the Mouse of Assembly ihoroon. BiUings, F. T Expenditure on emigrants per. p. 170, 171, Bishop of Quebec, Catholic. See Roman Catholic Bishop of Quebec. Biskop of Quebec, Protestant. See Qutbec, Right R.-'v. C. J. Ste- wart, Bishop of. Blue Book, or official return of Salaries, t^^-c. Copies of the Bhip Book asked tor by the House of Assembly, for 1824 to 1332 ; the request not complied with by Sir J. Colborne, x The Blm? Book was made up at the Secretary's office; that officer is an- Bwerable for its correctness, Rouan 43 — Errors in, explained- Rowan 45 to 52 referred to by Lord Goderich as a ptoof of the smallnesB of the salaries of official servanto, p. 228. Board of Audit. — A Provincial Board to be regulated by Law re. commended to be instituted, as a means of saving' many thoti- sands of pounds to the Colony, xix the Executive Council have acted as a Board of Audit in certain cases, Robinson 592 the establishment of a general Board might be advaulage- oufl, Robinson, 593 imperfect manner in which the Executive Council audit accountH, p. 174. Board of Education. — Suppressed on an address of the House of Assembly, Strachan 536 An account of the receipts and payments by the general Board of Education, p. 1S6, 3 e IJRO [Tndex. ii iii ""•i Boswell, ILtn. Waller^ — Tlis income and land yrnnts fioiii govern, ment, p. 250. Boutton, Mr. Juslic^, — flis pension, 6 years, £3,330, p. 122, Bouliorit George S., M. P. P. — His opinion rc?pocting polling places for Durham, p. 05 lleturn of office and grant of land, p. 252— —nature of liis duties us Registrar, p. 335. Boulton, Henry John, (late Attorney Gon^l, eincc Chief Justice of Newfoundland) — His excuse for not liavinjr obeyed the orders of the government relative to the expulsion of a member, xxxii His re-appointment to office under theBritieh Government creat- ed great distrust in Upper Canada xxxiii voles for returning Lord Goderich'e Despatch, xliv votes for Mr. Mackenzie's expulsions against the law of the land, xlv return of offices and land grants, by, p. 252 Mr. JNlackenzio complains to Lord Goderich that the Law Offieers of tiie Crown had been em- ployed in organizing meetings to ajritate this Province for the dismemberment of the other, p. 2SG Mr. Mackenzie com- plains to the British Govcnunent of the conduct of the Crown Lawyers Mr. Boulton announces that lie had been dismissed in a letter to Mr. Gurnctt, of the Courier, dated 30lh April, 1833, p. 294 Col. Rowan encloses to Mr. IJoulton the order of the Secretary of State for his dismissal, p. 295, for differing in opinion from Ins Majesty's Government on questions of great political importance, for their opposition to the policy which His Majesty has been advised to pursue, and for impednig the mea- Eures of his government. Despatch, p. 295 L tter to Colonel Rowan enquiring why he had been discharged, with the answer, that Sir J. Colborne concluded it must have been for opposing the constitutional views of the government, with respect to Mr. Mackenzie's expulsions, p. 29G his letter to Sir P. Maitland, stating his recollection of tlie circuni.itancej under which Clark & Street obtained a lease of a part of the Military Reserve, at the Niagara Falls, p. 24.* Dowring, Dr., M. P. — His report on the excellent cfTects of the plan of book-keeping by double ontry, introduced into the French Treasury, quoted pp. 177 and 179. Bridges. — Sec Roads and Bridges. Brigham, Coloml Bela Brewster. — Certifies to the prices of team- ing, p. 174 endorses on accounts that the services were per- formed and the charges just attests to the labourers' signa- tures- allowed 7.-!. 6d. per day as an assistant supcrintcndant to Col. Mount, p. 175. British Wesleyan Methodist Conference. — Sec Melhodisls. Brock, Sir Isaac, — Appointed Senior Member of the E.xecutive Council, as the senior officer commanding the troops, to enable M Lmdex.] C AL Brock, Sir Isaac — contiiiuf:» tliinks the comtnon ecliools in the Newcastle District noithor sufficiently numerous nor efficient, 323 Grimes' Inn and Cottingham's Mills, good polling places for Durham, 324 is for a union of Church and State and tho supremacy of the Ciiurch of Eiiglanil, 327 has no idea of giving the Church one-seventh of Upper Canada, but would give a rcspectablo mamtcnance out of tlie Ilescrves, 328 is perfectly satisfied with tho government cs it is, 329 is in favour of the law of primogeniture, 331 considers the Canada Company to have been a great injury to i he country, 335 tiiero arc many ac- tions at the instance of Banks, and three Bills of costs often in- curred for one d' bt, 338 thinks tho Provinces ought to bo united, 310 does not know a bi'tter way to cheat ll»c public than by Ballot, 3.30. Bruce, Dr. M'iUiam, M. P. P. — Rccommcndd a polling place for Stormont, p. 02. Biidl, William, (Analysis ofliis evidence.) — The common schools not sufficiently numL-rous and cfficirnt in the Jolinstown District, 3.")1 thinks the last Lords Election wc.h held at an improper jilacp, 3o2 Justicof! of tlic Peaco are appointed in llie Johns- town District nioclly from men wl.oso opinions accord with the views of the Execuiive, 351 — witness' father was a member of the Assembly, and witiie&^s I'.ad represented Loeds in two Parlia- mcntp, and liad rccoinmcndcd p-rnpt r persons to be appointed as Justices of the Ponce, wiiich Sir John Colborno did not attend to, 363 the taxes I'ow entnu-tcd to tlie enre of tlie justices would he better inaniiged Ly persons f^flccted by llu' freeholders, 304 the irrcspoi;rsiblo charactf^r ot the noveri-.mcnt, a great difficulty, 378 thinks that tho House ijf AsfcniMy have no real check to prevent Executive usurpalicns oi" popular riirhts, 3S3 is in favour of the r.ill for the more rqunl divisicn of Iiitoitalc Eslalca and of the vote by Ballot, ^S.l, 390. Burnhanu Hon. Zacchvn, His office of Trensurer of the New- castle Dittriet, omitted by His EiXocll'.Micy to be rctm-ncd to Eng- land, Roiian 4.") public kind:! gr;inted to, p. 2150. liurwell, Mailon, — Vnfrs for roturning T-ord Goderich's Despatch, xliv otlices hold by, p. 2.">2 5,200 acres oi the j iiblic lands irranted to, 253. Caldwell, Francis, M. P. P., rccoinnieiid:; Sandwich ar, a fit pol- ling place for Essex, p. 0() lii.s income as Collccler of Cus- toms at Anihrislburah, p. 118, 8 C H A Campbell, Sir Willing, i • " (Campbell, Widow ^-ina , 1 Casual and Terri/nri^j » ^'^rnlonal Revenue. Soo Revenue. Catkolics. See /eo„.«« CatkoUa. Central CotnmiUee of F ■ j resolution authorisinrf W J ''L^'f^^ ReUgwu, Liberlu thni. Chapels to Dissenters ornnf • • j f'X.^bo reduced f^n i^^aJo to""' o'nnn^ ^'''^^'^ PJ^<^«« of wor Ion,al Secretary, 1834, p 130 ^ •^^^' ^'^^Patch from Co. ' rejjgio", ^VafcAe/ur, p. yss, ''^ '"'^ <^overjiment in matte r« NDEX.] C 11 R f) Charter of King':: Citlk^e. A copy is plucuj at tlic ciul of the re ports, and jxigod a, b, c, o, u, r, u. Vkevett, William. Employed an Surveyor Goiirrul ; rctircfi on a pension and with tiic oftice of ReKistruroi" the Siirro^iitf; (/Oiirt, X. his fees and pension, p. 121 and jt. r^'3. Sec also .V. P. Hard. Chief Justice, the, must, aa a jud^jc, be led too deeply into the po. litical affairs of the colony, if ho s'lOiild retain hi8 ucat in thn Executive Council, Colbonie, p. 277. It is not intended that, Iho Chief Justice hhould continue a member of the Excculivu Council ; Sir G, Murray, p. 277. Chisholm, Colonel Alexander, M. P. P. (Analysis of his evidence.) is not aware that the jiiHticPS of the peace in the Eastern District arc appointed with roferenco to their political opinions, 235 it is probable a» many Lower Canada bank notes circu- late in Glengarry as any others, 237. the roads aro bad, 288, the schools aro nuniorou?, but not efficient, 239— — the twd most central polling places for Glengarry arc VVilIiamstown and Alexandria, 241 — vvitnes.^ is inimical to the payment of the clergy of a variety of religions by the state, 213 understands that /vlOO is allowed by Government for each of four Bohoolmadtcra brouyhi, into the country by Bishop McDoncll,217 Alllion;r|| a Catholic, has never soon the accounts of tlie expenditure of the church at St. Raphaels, 250 the Catliolic clergy exact Tythes in Glengarry under the authority of the old French law, 2ij2 very few members of Church of Eigl«nd m Glengarry, but 33,0()0 acres set apart for their clergy, 253 Glengarry about equally divided between Catholics and I'resbytcrians, 2.') I; has heard of persons signing notes for j62j towards building Bisliop McDonell's church, and known of their cattle, cows and chattel property having been sold to pay their subscriptions, 253 jC25 vvac the general average demanded towards paying for the building of the church, 202 the rato of taxing rateablu estate does not afford just ground of complaint, 204 the wild lands should beat the disposal of the Legislature, 200 if tho Legislature and Executive would pull oiih way it would bo best, 269 is opposed to the law of primogeniture, 273 think.i the Canada Company injurious, because the money paid them by the settler is taken from the stock wliich would have improv. cd his farm, 275 population and territory the proper basis of representation, 282 thinks that juries arc impartially sum" moned in Glengarry, 2S6— — is favorable to the vote by baliol' 287. Chishvhn, Cnlotvl WUUn^n. Offices hold by, p. expended by, ns an cmigranl agent, 170. 117 jCI.SU Ckristie'it, Robert, livituhion. The dilTeronco sliewn between it and Mr. Mackenzie's with respect to the action of Uic Briliih Government, p. 293. 10 CLE that tl,o no „„ ;," oUm'; ■'""""y. '«13 «Z,ii„I li-t or cte;gr™f''°■'™'''''■'"''l• July iSMVp'ii", "?''"ey.«r.cl linlf-ycarlv mvm„', '''""")' do not wish 1.^?^"^^"''"""' 1«">. . . His i/n; /^7V.''""' tlieir Church of ScothnJ. Soc "Sco'hnrt r'l , ^^H.7 C.i-.r.nme^/. See r;o..r«m.,,/. ^•s pergonal character; p.^K ' '^^"^'""' '" ^^ ^^r aaM'aflbJ;;^;; ""'"'' "^'^^'"^^'"'^ ^''--^- See 6';.«, ,.,,,,, 's 'Pfif-i, Slrachan 560. yeare, p. 129 Rectn-Pr r ' ^"vcrmnonf, £40 441 i„ .1 Index.] COL 11 Cleray TeesfrifS.— 3^,000 acrofl set apart for tlie clergy of tii Cliurcli of Eng'^iiul in Glonyarry ; few if uny incmbers of that church there, LUiishohn, Mo'3 (jeneral Drown thought tho Crown and Clergy Reserves would liavo compensate! ' the Ame- ricauB for the expense incurred in the invasion of Cu ,,i(ln, MaC' inick'uv 4J17 The proceeds of Hales of, are rcmitled to Eng. land and placed in the funds, Robinson 595 payments from ia 1833, £8,0li2. Clergy Resenes Sale Bill —Bill to dispose of a part of the clergy reserves for tho education of youth, passed tho Assembly and rejected by tho Legisiative Cormcil, IH'27, p. 261 passed and relectcd by tho same bodies, 182!), p. 2H4 and again, 1830, p. 268 and again, 1833, p. 273 and again, 1835, p. 274. Cleric, House of Assembly. See James Fitzgibbon. Clerk of the Cj'oifn.— Income of this officer extravagant, xii See p. 119. Clerks of the Peace, their incomes, p. 119. Cobourg, 590 inhabitants of, thank His Majesty for Lord Goder- ich's Despatch, p. 244. Cofin, A^a^amc/— his offices and income, p. 121 For particulars of his arrest and imprisonment by order o^" the Assembly, seu Givens t^- CoJJin, Colonels. Colbotne, Sir John.-— Wis salary, viii declines to comply with the request of the House of Assembly for copies of the Blue Book for 1824, &c. rebukes the Metliodist Preachers xvi — refuses tho request of the House of Assembly, that lie would re- mit the residue of the punishment awarded to F. Collins, for a libel on Mr. Attorney General Robinson xxi releases the Farmorsviilo rioters xxi disregards tiie views of the House of Assembly in the matter of the Leeds election xxi refuses to inform the House of Assembly why the Crown Lawyers had been dismissed and recalled xxxi his declaration on that subject directly contradicted by Mr. Hagcrman xxxii states his opinion that the Legislative Council lacked independence XXXV, xxxvi the Housa of Assembly express dissatisfac- tion with the conduct of the FiXeculive Council ; Sir J. Col- bornc's administration disappoints the people, and alTords an op< portunity for the accumulation of abuses xli confidence cau- not exist between the Executive and the Assembly while those who have long lost the eslccm of the country are continued in the public offices and councils xi,ir submits a proposition to the Assembly for a further provision for the civil list, but con- ceals the liberal terms proposed by the King xlh while the Assembly provide for the support of the civil government, it is a reasonable request, that the Lieutenant Governor and those about him should possess the public confidence xlvii — —inti- mates to Archdeacon St radian, that his services in the two jiii li ! 12 COL C'llhnrnf, Sir John — rontinued. [Tn'dkx Councils conU\ be disponsod with, O^Grady 13tf — mcmorali?:. od to no purpose by (lie Calliolics of Toronto respecting tho al- ledged peculations of Bishop McDonell, O'Grady 22y did not attend to a recommendation respecting persons fit to be Jus- tices of the Peace, Budl 303 writes to Bishop McDonell re- commending Dr. O'Grady's claims, p. 59 to bo paid an addi- tional salary of JEOOO, by the autliority of the Lords of the Trea- sury (out of Canadian Revenue) besides £2000 and £1000 etrr- ling, of previous salarifs, Turquand42b salary, p. 114 his income in 1834, £5,631, p. 12G address of the Methodists, i^ept. 8th, 1831, and his reply, p. 151 there appears to have been ample time afforded to send the King's College and Upper Canada College accounts, had government been disposed to comply with tiie address of the House of Assembly, p. 185. The govornment supplied itself with the public money regardless of the renionstrances of the House of A'seni- l)ly, :iii(l refused to tell to wluit purpose il had applied the re- venue, Mackenzie, p. ]!>7 Address of the Ho'.ise of Assem- bly to, Jaii'y 1S'2[), praying against evil advisers and a suspici- ous admiiiiiitration of justice, p. 2U(J. extracts from a memoir, reiristered in tlic Colonial Office, •.is 301 !>, Fjiper (Janada, p. 207 what liis excellency's suc- oes.'ior ou^iit to bo; di-ly should have asked him to do an act which the obligation he is tnnler to support the laws and bis duty tci *v:.s5. I.XUbX.J COL 13 Colljoine, Sir Juhii. — cotiliuucil. society foiI)iule him to ootnply witli, and Uaiisiiiils Judge Slier- wocd'a notes on a petition of Francis Collins to him, p. y5S r. Colhns's memorial, p. ;j(50 answer of his excellency, p. y(il) The Assembly censure him for Ins indecorous message and the unjust imputations it conveyed against them, p. IHH Despatch to Lord Godcrich, with papers relative to the Niagara Falls Outrages, p. 4-" Sir Geo. Murr.'.y's letter to, with his opinion of Sir P. Maitland's conduct in the matters of Colonels Co/fin and Oivens, and VV. Forsyth, p. 20* Ad- dress to, (rom the Assembly in favor of W. Forsyth, and his reply that he could nOt favorably recommend it to His Majesty's goverumeut, p. !vG*. Collection of the Revenue. Sec Revenue. Culkctors of Cusloms. (Jolh'Ctors of Customs. — The absurd system under which they are remunerated adverted to, xii Incomes of the Collec- tors, p. 1 17 & 118 Circular, with instructions from the In- spector General, that it will not be in the power of *he lieute- nant governor to continue any collector of customs in oifice who does not reside at his purt and peribtin the duties, p. 'S'S'J. Collins, Francis, (Printer, York.) — The House of Assembly '* earnestly eulteat" Sir .lohn Colborne to release Collins, who was confined in prison for an allcdged libe! against Attorney (■'eiieral (now C. J.) Robinson, p. 857 his excellency re- fuses to comply, p. li5S Judge Sherwood lays down a rule for enforcing a vindictive punishment, p. t]j9— — iMr. Collins's memorial to Sir J. Colborne, with the reply, p. '6H0 Ueso- liiiions passed by the Assembly, reproving Sir J. Colborne for ihe unjust imputations conveyed against the House by his an- Resolutions in favor of Mr. Collins, p. 30^1, swer, p. :}(")1 _, , Sec. Address to His Majesty on his behalf, p. 1571. Colonial fHorcrnors — the British bestow too little caie in the se- lection of them, \iA Income, amount of, since lS'i7, £'3*^,- 5'2I, p. 12G the situation of a Lt. Governor of U. C. des- cribed, Mackenzie, p. 20d his duly, p. )iO[K s ee also, Sir John Colhorne. Sir Perefsrine. Maillnnd. uant (jovernor Siincoe. Sinil't. Lieultnani (Joveruor Core, l.iiule- Coloiul Ciilmniil (\ffic('. — No account of the details of the expenditure ot the [)Mblic revenue, on Methodst, Protestant lOpiseopal, Pies- bylerian anil Honian Catholic clergymen, sent to the Colonial (itiice in i^'Sl, 1(S;{;{ ^ \^\U, xv' The interference of a suecessicm of colonial ministers in the affairs (d' the Canadas a great injury, xxmx protested against by the llouiic of As- fii inbly in an address to the King, p. 1»:*1 if proceedings in 14 COU [Index 1 IMnsfsrs. ■■>! I)inson'9 ^i [* A 1 Sir 1'. •t thor le- •^ l». Mait- A''. ic Cotn- iiijuries C i/on'V5.— •Cpper Cannili unhappily snhirclni lo tlic injuiioiis ii)trr(Vrenc«! of a siiccossioii of stninmus KHM) inilos olF (in tlio rnloninl office) in lior tloin-.-stic iilfaiis. Such interference felt 1(1 he intolerable, xxxix. Co:nnuttcc on Grievances, their report. See Reports on Grie- vances. Covvn'tU"" on ths Niagnrn Falh Oulras^r. — Consisted of John Roiph,Capt. Matthews, Jicanlsiey, Lcfferty, rtnd — extract from their report, p. iv*. Chief Justice Ro remarks" relative to tliis comnnittee, pages H*, 10* 11 j;ros3 attack made «pon them in a secret despatcli of Maitland to Mr. Iluskisson, p. 13* to p. 17* Fur marks on the proceedings of the Committee by Sir 1 land, pagefi 22* & 2:1*— —Mr. lioulton states that fli wiittoe reported on a petition complaining of pretended sustained, p. 2.)*. Co)n!nissio7i€rs^ BUI. — See Lower Canadn. Commanr,, Houae of. See House of Commons. Common Miools, inefl'ioient in Fiinco Edward, Wilson 118 not snfru'ientiy numerous and eiifu'ient ; the New Eni^Iaud mode the best for Unper Canada, Dunlop 171 numerous but not eiricienf in Glenparry. CfMialm 2'~9 neither nu- mftrou;; nor eCfioieiit in the Western District; the sale of thf Clergy Reserves would afford a fund for their improvement, Ant^ns McDonrll, .'{(HI neither numerous nor eflicient in The Newcastle District, Brown ;'2-5 not suffieienfly nume- rous and efficient in the Johnstown District, ZJmc/Z 351 Ditto in ll)e District of Core, Durnnd 472. See also Roman Catholic Schools. Co-i j;r.-'irril.!.oniU'>'!i receive no pay from the govormnenl for their Ministers, xiv. Constltnlionnl chi'c\:'^ on Kiti;;ly or Arisiocratii^ Eneronflmient!* in Englatul, xxxiii not lo be found in U. Canada, xxxiv. Cornwall, Nathan, M. IV P. recommends Chatli'un as a fit polling place tor Kant, p. (JIJ. C'( u'l/j/Cowr'.T, Bill to Establish, rejected by Legislative Council, ld27, p. 2()2. Co'Tivr of Upprr Canada. — Mr. Iloullon enrloBrf; to Mr. <.'ur- nt-tf, tlifi crliioi, I fipv c>(' Lot'! fi'(idfri?-l)'s Dfspatrh, nrdeiinc the t'lown l^awyns to Ur disitnsprd, (or h.ivin^ " promoled (he repeated expulsion nf a int-mb'T of the .\<;'irm'l)ly. aldin* the constitutional ol»jeclions to that course hnd been tnade IXDEX] ^' R Caur'ur of Upper iUinada — coiiliiiucJ. 15 luiowii" to t'l" executive by Hi'! IMajesty'ss Cuvenimeiit, together with liis ('oircspoiKioMcc with llie lor;)l govoniiueiit on that siil)joct,;iiiil states that he liad boei» years a law olficer of ihe ciowii, j). !"Jl A viuleiit and ahnsive coinminitary I)y the M(hlor, in which lie s">les that tht minds of all the tv^.ll ({D'lCtcd pfoiilc in the countr}j lufxin to he viihitig-cU, ihtir (tj^cct- ions (lie (I c(td>i more than half aVunatvd from the liriiish Co- veninienty vid thet/ already lep;in to Cdul uLout in thiir ini7}d'9 eye, for aumc new poliiical sUiti. of ixistince, ji. '^06. Voivtsof lirrjirests — A Mill to cxirnd tliR Jmisdif-liLM) of, mn) to allow the parties llie right to a trial by jtiry, where oiiht-r par- ty di;-iro it ; passtid iht^ Assembly and was* thrown out and re- jortod by the Ltf^isUitive Council in tlio Session of l^o5, j>. ti7j The Coniniissiotiers are appointed in a manner directed by pec. 2. JJrd Williani 4. ch. 1., p. IKtU Arelufn of the Coni- niissioner'^, with the dates of their appointment, p. lilS for the Eastern District, p. :U8 Ottawa District, p. 220 .lolinstown District, p. o20 llathurst District, p. .'}21.... f.Tidland District, p. 'M'J. . . .Prince Edwanl District, p. ,'i23 Newcaslle District, p. 3^1.... Home District, p. o2t» (lore District, p, ;{27. . . .Niaj^ara Distiicf, j). Jj29. .. .London 'District, p. 330 Western District, p. 331. (Va/'i,'', Sir Jnmes Henry, the Prince Regent's iuslrurtiou ap- pointing an Executive Council, j), 302. Crituiual Prosecutions. — The Crown OfTicers exercise an exchi- sivi >t}^i)t to conduct criminal proseculioiKS at tlie Courts of Oyer aud Terminer and (icneral J.iil Delivery — report ofeom- millee to H. of A. p. 204. Cred^r., Rev. Mr., pent fo Lnke Himror; fo rescue iho Indiana freni t!ie fttiigs of the Vunkee Metliotlislfi, p. 33. Cm,7.s, Hon. James. 2371| acrea granted to him by liio^overn- inent, p. 250. Cvoolishanl; the Hon. George., income and land grnnts to, p. '343. Crnn-n. Patronape oftlio Crown in Tipper Canada, lu Clicoka on arbitrary power in England, xxxiii. Crnwn Lands, would liave coitipensalt'd the Amrricans in part for tin expense th(.'y incurred in the invasion of Canada, Mc- Mirking li)7....nu einigriuits settling on, j*. 170fo p. i/f*. Crmrn Lands Office, pnlary of Commiasionrr, p. IM of l.ia clorlv?', p. lir» (,r fi.»,>nls, p. 121 Income of o^iMils^, pii^cs 171, 17.> Hia Mnj-pty, on Lord (jod'Micb'rt rccciiimcndation, liad Htnpt thflir graluitona dietributioii, p. 22 L 16 Die [f\Di:x Crown lirtvyers, the, (^^ee5!rs. Boullon nnd Ilacrpnr.rin,) vote for rptiirning iiord (iod.ricli's J)fKpalch, xi.iv 1 xorcipo in rx- cliitiive light to conduct crinnnal prosoculions at tlio couils t.f oyer and terminer and general jail delivery, rf.pvrL to II. of A. p. 204 Account of thoir dismissal from office, and the causes p. 294 to p. 299 both the crown oflicerH (Mopfirs. RobiiiPon and. Boulton) were engngcd in defending the persons pnilty of the outrage upon Mr. Forsyth's prcmisi.8 althe Niagara Fulls, Com. of Assembly, p. iv*. Croum Office — A grievance of magnitude xii the Judijes have the power to remedy the evil by diminishing the fees xiii. Culiivaltd Lands in 1834, p. 109 in 1833, p. 110. D. Drf/Zrtn 7740w«s.--( Analysis of hid evidence.) — Is the proprietor of the "Patriot," 309 — paid more postage than Mr. Staynerhai returned to the British Government 311 — thinks the return ol^O papers to the Kingston Chronicle incorrect, 313 — thinks letter ))0slagQ rates between Canula and England enormous, 315— would recommend on 3 halfpenny a sheet postage, 319. His mo- tion in tl:e case of F. ("oilins, p. 350. Dili, Provincial, was £180,500 currency and jC176,600 sterling on 15Ui of January, 1835, Dimn 4-21— tiie amount ot outstaiulmg debts due to the provincial government not known in Receiver General's Office, Turguaml 426 — btl'.eves that it is the duty of Iho Inspector General to keep an account of such d>.btf, Turquand 4.7. Defamation of the character of Mr. Rolph ard others by Chief .Justice Robmson, in a secret report to His Majesty's Gvvorn- inent p. 204. Despatches arc not onrcgisterod in any way. Rowan 28 Sir •John ('olborne refusfs to lay before tlio House of Assemhly the correspondence of the Colonial Execiiiive with tlie Britisli Gov- ernment relative to the dismissal and re-appointment to offices of Messrs. Boulton nnd Hagern at), the expulsions of Mr. ftlackeii- 'MO, and the nomination of Mr. Jan.Cion to the oirice of Attorney (fi^neral, without the sanction of the Colonial Office, p. 350 "It has of late years grown into a practice to submit the oflicial correspondence had with the Colonial Office to the JjCgislaturea of t!ie (^loniop, if called for by them, un-cscrvcdiy". . . .Des- j'atcli, Sir P. Aailland, Governor of Nvvascolia, to Lord Slanhy, London 2Ath June, 1833, ;). 23. * See also, Viscoum Coder ich. Sir J. Colborne. Right Hon. E. G'. (now Lord) Slanky. Sir George Murray. Sir P. Muilland. Sir Geoige Pretost. Right Hon. IV. Iluskisson. Lord Castknagh. Dickson, Hon. William, nifmber of the Legi.^lative Council, givrs evidence of the subservience of that body to the E.vecutive, xxsvii , . . .grants of lai'td to, p. 219. Jii! ! iit TxDF.X.] DUN 17 Di^m'isxalof ihi^ Crown Ijawi/trs. Sen Ci\>h)i ruiu-i/erB. Hairy Joint Boul'ion. CJirislniilier Alex. Hiiiftrnnni, Ditsenfcrx. Tl p prar.t for bnildinw tl nir Tlinprls fo be rfdncrd noin £4,200 to i;2G0t», p. IVA). . . .See elbO Col. Rowan's IcHer, p. r29. Difttrict Covrts. Fees fo tho clorks too hijih xii Jonas Jonoa B jiulfTO of three distiicts, linlding u''ior ofllcop, xiii Iiicomoa of ilie Jud^res, soe pLwe 11(5 to paye 120— — For incomes ot Clerks of tite District Court, see pages 1 1!> & IW. Dbtric'. FiuKh. Dirpct District, Taxation, 1833, £18,441 ; do. Isy4, £18,671 ; also wild lands assessment rates, p. 187. District Srhnnl&, in most cnsos n nuisance, A. McDondl 307—— Salaries of the Musters, p. 119. District Treasurers, £740 of ppr centoge paid to twelve ;f heir np- poialment is in the justices of the several districts, p. 187. Dnnlop, V/illiam. (Analysis of his Evidence.) £100tlieori- fjinal nominal value of a share in the Canada Coirpany, 15D £17 lOs. per sliare have been paid up, 101 the shares sell in London at £42 ; were once at £53, Id'?. thinks the bill for a more equal division of Intestate Estates a bad measure, 163 — thinks that an Elective LegislativcCouncil would make us a repub. lir, 104 pensions to Judges should be regulated b' .aw, 165 — thinks the Governor should appoint the Postmaster iJeneral, and tliat his accounts should be audited like those of other public oflicers, 166 is in favor of having an Agent in England as a means of checking hasty legislation there affecting colonial in- terests, 267 thinks the legislature have shewn their incapa- city of rianaging revenue n)at,ters, as for instance the Welland Hnd St, Lawrence Canals, 109 does not consider the waste lands of the crown to be pul)lic land, but in possession of the Cro.vn, as much as Windsor Park^ 170 tlie public revenue ought to be appropriated only according to law, 171 No Ca- nada Company's Settler has ever been ejected from a lot, 173 — tho Common Schools are not sufficiently numerous and efficient ; recommends the New England system of taxing all for the sup- poit of schools and compelling parents fo send their children fo school, 174. . . .believes high postage rates on letters to be bur- thensome and injurious to trade, 165. . . .believes that the Cana- da Company was formed for the express purpose of paying the War Losses, 177. .. .is opposed *o partial payments from the public revenue to uphold certain religious scctsl78, and m favor of a government responsible to public opinion, ISO — the Company's Lands in the Huron Vract are selling at 8s. Od. to ISs., 181 — tliat tract liable fo be faxed, but the Crown Reserves are not l-a- Uo, 182 a Crown Rosorve liable to bo taxed the moment & eetller is liconsod by the Company to settle on it ; the unsurvey- ffxOEX. ^m m ■^"^'7'^ luive been vxnnv.ln^ -^ ^^ '"'"^^ o(, jcrvviso Ki-) • I Wa„„,,„, „f ,„i„„„° ™p"' -I'" Inspector Gccral eSda „ ItoceivL-rGenoral, fro,,, , » n "'>''''"'" I^ands, and £7m » ^'' v, -^-'l Vo ,tt';r ri';:;'-/Fp"^n?-ls -p ''^-^ J'tde con'fij .'cU^ir "''^ 'I'^w confers, in w on h/p^o^i^;: '" <^'ra,!a:e ...re notes rban'a:,ttf°'""^^T''^' ^^^'^ i ' upSd iinonf, 472 ll "f-;^^'^'"?. are not sufficSl. , .?' ' * •^^°'"'"«" Inuex.] E L E 19 11 Eds.'rrn, Dislrirl — TIio rofiisa! of i lie bench of iMngislrati s to rt'ii- (k;r an nccouiit to the !Ioiis> of A'-.=etiib'y of f.ln.-ir icct;i|tts ofifin local taxHl'on aiiil revenues raised horn tlit; people, a proitrUmt tlio pystfrn r'-qiiiros revisioi', v. . . . llio complaints of t!ic people of tiial D strict against Miigistcrinl peculation, of long etandiug, VI. . . .L'st of tlie MfjristnitoK in, p.JUfi. . . .Liut of Coinuiiisioii- crs of the Courts of llequcsts in, p. ijl8. Erdcsintiliral EslahlirJimrji!. xiv. . . .Tim MinisitPrs of the four spcAa composing the EcclesiasdCiil h'stahlishineut dt-rivc their ofrifi^l pensions entirely from Prnvinr,i;.l Roveiiues, xv . . . . .€10.4 U paid tliem in tliat wny in 18"3'2, 3, 4, p. 129. .. .Receiver General's account, payments to, p. i;-52i(i lfi4. . . .nnimadversiona on tho political sy^-tom of ihrei-. Ht.tte piid cinirclios, Mackemir, p. 200. . . ..Mr. Mackoi zio roinnids Lord (Judcricli of the reinon- s' ranees of the House of A.s.seinlily a;^aiiist Church and State unions, p. 284. r^co also, Me!.h<>(li)>ts. Cliurck of England. Ckurcli of Scotland, Roman Cuilivlics. Ui/irr.x'jVin ^nrZ iSfVwZ". — Conduct of t' n Fyvnoni ivc with respect fOi Mackenzie, p. lOiJ. . . .Lord Go,l(>rich txpropsi^s tho great anxie- ty of His Maji^Hty for thccMcouraifeiuontof J'iducatioii in Canada' p. 22C). . . .the Ijejrishitivo Council c,\pret;ses its regret tliat His Majesty hhould have found it iincp^-sary (o (piicken the authorities in Canada to their dutios of promotint; tlie education of tiie peo- ple, by PP forcing Mr. .^LaoI{ellzie'a views ]>. 239. . . .Bdl to en- of this vohiina for reference. !^i3R also CL'rgii Jl^^prv's Saly mil. (i r.an'liatn Academy En- (•■vira^^emcnt BUI. Udivrsllij nf Kind's Ctil/i^se. Upper Canada Cnll'ge. Common Schonla. Roman CalkuUc Schools. Jllrclians — Altoration.'; in the law cS, nnist orirfinnle with the Pro- vincial Log slatiirp, Cloderichy p. 2U). . . .an ai)URe of the influence nrtrndant on otli ;c for coittrDlhng elections would deserve cen- FUP-S f?ef/rr(V','i, 22."). . .. it is Hif- M;ij*^sty's earnest desire that the expen-iC of Elections should bo reduced within tho narrowest I'mitp, Gorfpr/V^., p. 22S Lord Goderich recommenda the re- peal of the net dit^qnalifying British puhjects who hud re- sided in a foreign Kitate from voting at elections uatil atler a ec- vc 1 years' re'?idenrc in Canada, p. 2."24. See also, Pjllvr^^ Places. Leeds Bkcllo.x D.iUot Bill. rJ'flh}? /■/•s'/'(///o>7,'?.- --.Arguments in favour of, xxxiv....Rn I'li-ctive Legislative t'ouiicii r.'commeiided by tiis (Jommitteo, HK>::x. . . .opi"io;;s of .Mr. i-'ox, aud oiiirr rminniit statesmen in favour ot', xv.vix . .the Legit-jative C'ouneil int'orin his Mijpsty's Covermn"(ii thn', their ronfidencc in llic pvtidr^iice el the Parent State h.id b''gun 'n b; impaired somr^ year.? ag", whon th.?y «a.v nil I'M |:r.; ;i i B m m m I 20 i: \' E [l\i)i:x, JCkclicu Insliltttions-' Coiitirmcd. a ('omniitfoe of \.\w House of Cominons askiiij; (lucsliona of" such individuuls as Imppencd to bu at Imiid," iiiid prestsinir on tliem ji» it wore to give eiinctiou to the opinion tliul llie Ijoyi8lati\C Doiiu- cil 8!iould be rendered elective, a change which liicy, the Cuim- ciI,»roatly deprecute, p. 240. See also LegUlative Council. Ellice, Rt. Hon. Edward, M. P.— Assists Mr. Macl-cnz-e in his efforts to obtain a redress of the (jrievances complained ot" by 24,500 inhabitants of Upper Canada, xxiv. . . .report by, con. corning the best mode of managing tlie public revenue, p. 170. Elliott, WilUftm, votes for returning Lord Godcrich's Despatch, XLiv grants of the public landa made tu him, 1400 acres, p. 252. Elmsleij, Hon. JoTin, complains that the Executive Council is not an independent body xxvii. . . .His letter, on resigning his scat; in the Executive Coinicil ; declares lie could not express his sen- timents at the Council Poard, if opposed to those of the Executive without incurring the risk of dismissal from oflicc, p. 91. .. hia statement declared incorrect by Archdeacon Straciian, 526. . . . and by Mr. P. Kobinson, 591 . . . return of his offices and grants of land p. 250. . • .appointed to the Legislative Council, p. 977. Emigration. Expenditure on, xviii. ...The more wealthy class of Emigrants pass thro' Canada to the Uiiited States xxvi . . . the more wealthy cKi'^s of emigrants take up their residence in the United States, alledging that they like the management there, McMicking 463. ...very many emigrants of large capital settle in the United States, Durand 464. . . .enconragcd by the Execu- tive Government but discouraged by the slanderous newspaper?, Strackan 533. . . .the system of government has not tcndWed to discourage wealthy and enterprizing emigrants, jRo/(/ni'o?i584. . . expenditure on, 1831, 2,3, 4, X31,728, p. 1G9. . . . imperfect mcdu of accountirj? for public monies, p. 172. . . .Roswell Mount's ex- penditure, £7,558, p. 172. . . .Mr. Macdonell, M. P. P's. expen- ditur'", p. 172. . . .payments by Mount for provisior.s to emigrants in Adelaide tSi Carradoc, p. 173. . .the political priesthoods paid by government believed to be the cause of the disputes engen- dered between the Orangemen and other Irish emigrants, p. 200 ....mismanagement in the land granting deparlnicnt drove 29,- 000 emigrants from Canada in 1827 and 1628, p, 210. Emoluments of Public Officers. See Salaries. Enpionagr. — SyBtomatically spreading from the sent of govrrtimcnt, over the face of the country, see pelilion, p. 103 in the cam of Cnpt. Matthews, p. 203 prevailed during Sir P. land's government, to the ruin of many good men, p. 200 Mait- Hrcrlasling Salary Hill. — Sir .Tolin Colborni's ^iint of candour ill concralinii from the zVstienibly the King's liberal proposal tor a further provision fur the civil list. Tlieevcrlasling baiary bill has tpnad univefBal diisalisfd clion and dieliust, xlii .... Lord 1 ■I I % i [l.vutx. a ■^ a of" siicli >ii tiieui its ti\C Oouu- ^1h tliu Cutu)> f'pnz-e in ij^^B laincd of <^^H t by, con. p, p. 170. '^^^H I^fispafch, 100 acrc'8 , i^^B «'il ia not ? his Bcal; 'ifl^B i hia son- Executive 1... his ^B 5-JO.... d |f rants , p. 277. class of . . . ilio '^1 ;e in the It there, '-a^v »1 settle Execu- .>j||^B paper?. ''^^^^H I|/C(l to 084... Ljtmctlu It's ex. expeii- igrunta is piiid engen- p. 2(M) Index.] E X I* Everlasting Salary Bill -contiiuied. SI Ooilorio'i's roimrki on tlin, pa^ioa 2-3S k, 220 Fii'st Evcr- histina; rialnry Aft llepeal Hill, rejected hy tho Legislativo Council, \6i\), p. 2(U— and again, Id-JJ, p. 2o7. Ertcut'tvc CoiinrU. — FiXttMvagant Incomo to its first cl^rl?, xi Do.snrl')L'd by Air. Stanley a;', a p('rf"c:iy anomalous body xxvii its duties and powers, xxix Tiio exocntive conncil has ne- ver sati-sfaotoriiy (hlfillcd its duty. Tho Ifotise oi' Assembly express dissatistaetion witli tlie conduet of the council, XLi All tho members of the present cxncutivc council join in an unanimous vote ol' cpnsi're a^idnst the communication of the Kinu"s pleasure thro' Lord (joderich's despatch, but are ne- vertheless eontinuod in the service of his majesty, xi.v The council is permitted to see such parts only of .hocorres- j)ondence between the lii^iUenant i';()Vcrnor ;>iid colonial olfico as he ihinks fit, lloiran oO ouirht fo !)o responsible, and removable at the call of the people, for abuse of power, IIiivic, !)H- -iiu;omes of its mem!)ers and officers, p. ] II -im- perfect au( lit aecoun ts by. p. 174, 1/.") h-ir u.'li:i \ I K homo's letter to .Sir George Mnrray, '.vith his opinion of tii; p.:: u- -m no case arc powers eominitt(>cl to u except liy ex- press provisions of Jiritish or Colonial Statutes; it should con- cur with the lieutenant j;overnor in deciding upon applications for lands; and advise his excellency when he asks advice; tho lieutenant governor exercises his judgment in asking for their pdvicc, except where directed by the royal instructions, Colborrr, p. tiOl Executive councillors arc appointe(l by the King, Marldanil A[)',\ cannot act independently and retain their scats, JBlms/ei/, p. Ul can act independent- ly an I continue in office, liohinson 5U1 1)e!?patch, Sir G. Prevost to Sir Isaac IJrock, appointing him senior member of the council, as the senior ofiicer commanding the troops, p. 302 Sir (jonlon Drummond, Chief .lustice Scott, the Ili- shop of Quebec, .fames IJaby, Alex'r. Grant, John McGill, and NV. D. Powell, made members of p. JJ03 proceedinc^ in Council, p. 303 report from, on thocase of colonels Giv- ens and Coffin's imprisonment, p. 20*. Executive FuncHnnnrles, endeavour to excite di-^sa'/isfietion with the law for raising a fund for the relief of destitute emigrants — strive to engender dissension between tho peo{)le of the two Canadas, xlvi. Erpcndilitrc, Public. See Puhllc Erpctidilure. Expulsiojis of fV. L. Mtcl-enzti'. — Tho Ijoutenant G'orernnr a!- Ied;';es that Messrs. IJonltou and Ilagernuin had l)een removed for the i)art they took in Mr. '^I's ex't.'ulsinns, xxxi Vo'ts' rrlati'.e t(j xLiv....A differonee shewn l)y F.ord llowick in tho' i1:m:;i (It Mr. riiri>Jti" and Mr. Maekeir/ie to the action ol iho Cjvcri;i! ■til rMative f;» tlicir I'xnnlsion-, p. '.'93. 5 I li : 92 I H A F. --pact, xir,;-. ^'- goven.„e„t little bette. than a fa.„i,, ^^ "> »u,.John Colbornc, xxi. Address of ';,,r,r;,-„vir,.'S2,''- ■/.""•'•"-""^^^ 1- Coiborae's re,,lj,, 30° Assembly ou !,« belialf, So".T.:si;. See also, A'j„^.„,„ ^.„„^ ^^^^^^^^ Porl,j.f„uHh o/Hc Kin«-„viat n„ , , -^i3!a.^so;d;S'.:;S^^^--''^'S";;riL.r 1!5Sl-'-J'-=i;r^^rsi-r=:: -F'o.J', Right Jlan, Gharlef /,,-.„ /'/•rtscr, Almi)uhr~^-t llo wauce and publ 't i.imh W- fiNDB.V, I ;iveii to, p. o,-^) 'M: iNIiUX.] OLE 23 family , p. 251). ...and in IB'2/S^ p. 200. . . .Bill to allow their evi- dence to be received in criminal proceedings, 1836; royal as- sent withheld from, p. 2()0. . . .A Bill to relieve them from the payment of fines or commutation money for the non-perform- ance of militia duty in time of peace, passed by the Assembly and rejected in the Legislative Council, in each of the follow- ing sessions, viz : 1830, p. 207 .... 1835, p. 274. Funds, or Accounts kept by the Receiver General, F'und A., Fund B., Fund C, &c., p. 111. .. .Fund D. ordered to be kept separate from Fuud K. p. i84. Gag Law, passed fourteen years ago, making it a crime for peo- ple to meet and complain of grievances, Mackenzie, p. 202——- Lord Goderich's remarks on, p. 225. Gumhle, Clarke, as attorney for the Bank of Upper Canada, in- stitutes three lawsuits against Henry Pannebacker, a Waterloo farmer, and charges £30 cnsts on the balance of a bill of jC50. discounted at the Bank and overdue , Pannebacker 600. Guinhle, Janies, his expenditure in aid of emigration, p. 170. General Meeting of Home and neighbouring Districts. They ap- point Mr. Mackenzie to carry to London an address to the Kiqg and a mcmoriul to the House of Commons, and to support the prayer of the same by evidence, p. 189. Givins (f Coffin, Colonels.— -Cluef Justice Robinson's remarks upon their arrest and imprisonment, p. 9* Sir Peregrine ,Maitland transmits a statement to Mr. Huskisson, relative to •their arrest and imprisonment by the orders of the House of Assembly ; slating that colonels Givens and Coffin had noti- fw(] lilui that (hny had been summoned to attend a committee of the Assembly appointed to enquire into the m ts of a pe- tition from VVm. Forsytji; that he refused to permit their at- tendance; that the House brought them to its bar for contempt; and scut them to jail, p. 13* to p. 18* Sunmions to Col.' Givens, his reply and BirP. Mahlnnd's order, p. 18* Sum- mons to Col. C^offin, his reply, and application for permission to appear, p. 19* Despatch of Sir G. Murray, relative to, p. 20*. Glebes, XVII 1500 acres of the commons left in lieu of side liiips in certain town.slii|i,s in the Niagara District lately granted by licence of the executive to the churchwardens of an En- Siish church, MrMirkino- 412 Glebes set apart in 1833 ■f 'W??^ ". l(ji Glebes loservcd previous to 18:i;f p. 104. ill SI <-; o D [f mm;x. jnrorr.talion being givon to an Utiivoi>iiy, not siii'ii a oiio as tlinl ulii li ii.;.! l;t-( II c'li.iKMfd . . .liis iiinjcsty's gnvoniiuoiit l;;i(l ii'i'M' '1 I') llic jiouse oi' .As.soinl)!}' (lie qnosliun, in what Ibins ;i;.,l mi \'.!i;il |;.ii!r',|)!( •, ilio cullcco rfliouid lio loiimlcd. ... ill I'iivor of i)i(; payiiioiit oi" waiH'S to town irioitibers. . . . on Ii)- calioiMickfl voles, p. 'J"J-}. . . . wu.dd bo li;'|)j)y lu introduce a l)i!l i:ilo i-ai lianicut, it iifcussa; y, to cnvli Ic ii if nHiiioiiujl.s and tiiiilwinis ij (;\LiC!s(' ilie cdtM-tive iVaucliisc on l)ie saiin; liiulin^^ as the Sut.i(jty o(" I'iieiids. . . . the giatiiilous disjuc-al oC the crown lands intordiclc(] , . . .iccomuiciids llie ,..'jH;aI of the act distjuaHCying JJtiush suiijccts for 7 years iVon? voting, after a reyideiice in a foreign ^latc, p. 224. ...(he Coh>nial Advocate a proof that the frcuduni of tlie press is enjoyed in IpiJcr Ca- nada. ... remarks on huv of 10--conlinucd. source dorivcd, p. 3'27 is ratlicr predisposed to ilio oi)ini(tn tlialliy roipiiiiii^ llu'irse.'us in ilii^ Ii fji.-lativc ooum.il Arflidcii- roii ►Slr.iclimi and Jlialioi) Mcllouoll would b(!st con.siilt tlitir pi'isoiiid comiort and tlic success ol tlieir dusij^us lor the «.pir- i(ii d f^ood of ilic pt'opio docs not wish that an iii'.diic prc- ftfiniic" should lio shewn to tin- juijichers o( leliyion ul tliu osta- blished churchi'S ot'tlie IJniied lv.iii,'(loni it is tlio caruo.'st de- sire of hi ■ niajciily that tiic cost of cloclioiis slioiiid l-e reduced within the luurowcsl poshihh; linuts refers to tlie JjiuelJook as a proof of ihe suialli osh of llic salaries of [jiiblio sirvanis, p. 22 J reumrks on proceedings of tlic coinniiiteo on tho state of tho representation- the jjcople of Up|)er Canada have. till! lii/;hcst claims to the attachiMent of their sovereijzn and tho IJritish nation, p. 22!) the (juestion of a dissolution of the Jegislalurc considered-— —Air. Norton's election various uctrf of misconduct attributed hy Mr. ]Mackeir/,io to tho House of Assend)ly in the lltli Parliament on tho jj;ranting of a pur- inauent civil list without stipulating for the independence of tho jud'jeti, p. 23t) the Kiu^ would rejoice to assent to a bill for riicmins, tho independence of the judges— — on tho, votin.; of tJio civil list the fpieslious of juries and township oOi- cers admit an iminite diversity of opinion, p. 231 if the detfv ' • of InHueiice jjossessed by the crown in tho provincial legislature was found to be considerable his majesty would not hebitate to assent to a law to iiiuit it, p. 232 opposed to a dissolution of the parliament -the {government not aiiswera- ble for I\lr. Hume's promises his lordship's colleagues and himself had been anxious to conciliate the Canadas by a con- stitutional system of government, p. 233 Sir J. Colborne's repiy to the above despatch, p. 234, with the addresses in an- swer, by the legislative council, p. 235— —by the House of Assembly, p. 24*} by 1G05 inhabitanli of Lennox and Ad- diiigtoij, and 5% inhabitants of Crboura and its vicinity, p. OH ° •' * Ilis I. nrdship denies tliat the cobaial department had ever given authority to any person to agitate the project of a union of JMontreal wiih Upper Canada, p. 279 acknowledges the error into which the colonial office had fallen with regard to the nund)er of persons who petitioned for a redress of grievan- ces, and admits that tjie min)bcr of signatures attaclied to the Itetiiioiis entrusted to 3Ir. Mackenzie to bo presented to ihe Kino t'.ir exceeded twenty thousand, 291 instructs the li- brarian of the colortial office to shew to Mr. Mackenzie such pajicrs relativ(! to the affairs of Tjjper Canada as he might wish 10 consult, p. 2i)2 liisjordship's despatch authorising Sir .h>\\n Colhorne to inform Messrs. Boulton and Hagerman, that they would be dismissed from their offices of attorney and soli- citor general, p. 29,"> an abusive commentary by the F-difor to whom Mr. Boulien had tian^iinitled ihc despatch for publi- cation, ]). 20iJ. 20 ORE [Index. \'m 'i C'jir D'liiti!':!. ■l.i'il ol the, masistriilns p. 307 List of the coiiimiasionera ol tlie coutta of requests, p. 3;i7. (ijrduit. Him. Jaimia, public lands grautcd to, p. 250. (intdon, Rcv'd Mr., shocked ^nd scandaHzed by Bishop Mc- Donell's pohlical crusado ill Id;J2, 0'GraUi/22o. Coir, GoiJf /•«or."-Doctor Strachan and Justice Powell governed the Province, till they quarrelled arnong theiuselves, under his nominal adniinistr.Ttion, MccdoiuU, \^.\^7 — — his conuailiiictt- tiond to the executive council in IcJOd & 18U9, p. 303. (I'Herninrnf, opinions as to the best system for U. C. xxx.... want of rcsponsiltility proved by the dismissal and reappoiiil- uicnt of the crown lawyisrs, xxxi . . . .shoidd be responsible to pniilic opinion, Dunlojt 180.... the House of Assembly )c- niousfraio with his majesty on the unconsfitnlional interference of his niinisleis, 4000 itiiles distant, in the donit'stic concerns of the colonists, p, 162....llig majesty's servants, clothed vvilli the authoMly of office held dMrin,2; pleasure, place the diooieiobcnuent of Jjowcr Canada a;; a piominent feature in the reply to llio epeech from the tlu.tue at openin<> the pro- vnicial patliament ; "1 had nt^ver once foimd that any course of I'loceeding a. (Jiant, Hon. Alexander, public lands prauted to, p. 250, iiianlh an Acadrmif Enrntnvi-;niunt Bill, rejected by the hms- liitivc council, IS;51, p. 2(>S. . . .a^ain rejected !)y the same, ld32, p. 270. . . .and, (with liiUli,) again rejected, 1835, p. 275. fii'af. Uritnin, the inforfercMce of the f;ovornment of, in the do- mesii'; alfaiis of the colonists, pioteskd against by the House •)f Assenil..,', p. 181.,,. pays no part of the ecclesiastical cs- tablishnicni of this province, xv.... checks upon misgoverii- , mcnt m, vwiii . ..know-s of no part of the ecclesiastical, ci- ceyil or judicial expciidiiuic of rppm Canada being dcfiii^cd '<•. liobimvii 50?. I if J Index.] H A Ci Great Britain — coiiliiUi u. 27 Spo, Rvport on the mana[^ctnint of the pullic revvnuc of Qreut Britain. Grievanci'S. — •• If the coursp jmrsued by the executive govern- ment sliould ha such as to give just gtounil for di.sscitisfaction, the inhabitants have, by their representatives, the means of bringing their grievances under the innnediate attention of his uiajesly," Howick, p. 192. .. .a committee of the House of Assembly report that daring outrages had been committed, that tlie parties had not been prosecuted, but had been promoted ta high offices, p. 2U4. . . . 10,000 persons from Upper Canade peti- tion in 1832 for a redress of grievances, p. 282. ...Mr. Mac- kenzie, in a letter to Lord Goderich, enumerates many griev- ances wltich the Assembly in the lllh and former parliaments- lind essayed in vain to remove, being opposed by the execu- tive government, pages 283. 281, 285. Grate, Geors^e, M. P., assists in obtaining for Upper Canada tha acUnowlcdgment and rcdrecs of iis grievaticrs, xxiv. EI. na<^erman, Christopher Ahxander, M. P. P., hia re-appointment to the office of Solicitor General created great distrust in Up- per Canada, xxxiii ...Thwarts the beneficent intentions of his niHJesty by endeavouring to suppress and retuvii Lord Gode- rich (Ipsj)atch, XMV. ,. .Disregards the law and the views of liis nnijcsty's government in the matter of Mr. Mackenzie's ex- pulsions, XLV. . . .Is found in the minority on a motion to ex- punge the proceedings rolalive to those expulsions iVoin tiie Assembly's Journals, xlv. . . .Is due, a nalaiice of mont.-y, since he was collector of customs at Kingston, which the Inspector General had taken <"rom the public accounts because he {II. ^ flaimcd a larger balance, which, if it were allowed, would hiive more than covered his deficiency, Markland 486 d(:scrii)ed by the petitioners of York county, as a man labour- ing under those |)iejudices of family connections and party feeling fi. 387, and lliat the punishment so inflicted on Collins was subvorsivo of tlio iibort.y of the Press, and dostrnctivo of th?) liberty of the Fuli;pct, p. .'^•IS, a-5 also, that on being snnimonod before ;v f-ir-lf'ct (.'(inimittoe of l!u> flonse, ;ippoint.od to enquire into Col~ I'Usi' rnm;daint, ho bad declined to ofior any explanation, p. 371 . . . .hia stTt'^nont concerniiig the arrest of Colonels Coffin and (iivens, p. 21 * IlumUlon, lion. Johii--Tolim\ of public land granted to, p. 250. Hands, William, erroneous account, in Bhio Cook, 1830, of his ofiiccs and income. Rowan 'id Ollioes in VVeslcru iJiatrict, p. 117. Harris, Joupph //., Salary 0.=? Principal of U.C. college, £066, with a dwelling house, p. 185 Letter to Colonel liowan, with statements respecting the college, p. 345. H'lxting!^ District BUI. The bill to form this county into a separate district, passed the HnnsT of A'ssombly and was rejected by the Legislative Coiu\cil, 1st in 1833 4, p. 273, and again in 183."), p. 271. H<»ne Dif^lrirf. Mr. Miickenzie's representation ngainpf. the ma- gistracy of, p. 213 List of iho Justices of the Peace, p. 308 List of tlie commisslonors of the courts of requests, p. 320. 7/o??2.3 District Farmers' Cnrnpany T)ir:orporation Bill, rejected by the Legislative Council, 1830, p. 260. Horned CcUtle, the number of, pages 109 and 110. Horses, the number of, pages 109 and 110. Hi^li'lnl Toronto. A very imperfect account sent down by tlio Lieuloiiant Governor, p. 188 'ho Kttitements sent down indi- cate the ncce::sify of offjcting a chang^j in its niinagemoiit, p. 188. H'trnn Tract. See i)v^ cvidr'nco'of \Vi'V.t,n Dunlop, Esq. pago 22, and of Colonel Van Egimmd, page 2o. H»i^"of Convnnns. E':'nct from report of a rom'nittco of, on Canad'nn alViir--, in 182'^, ii rutnrn to its address for copy of Lord V'lsuwnni. Gixl ricii's D apiiLcb oi" Nuv. 8Ui, 1832, and re- 1 [LVDEX. iJe Colonel ■c sentence F. Collind ) 35U — . 'rmari (now h did coa- ig the piin- olnting tlie >. 367, and stibvorsivo :?!') Jiberty i before a into Col.. 3", p. 371 C/offin and p. 250. X of Iiis istricf, p. "66, with an, witli sopar.itc I by tiie 1835, p. ho ma- . p. 308 1. 32&. ted by ly tliG indi- !nt, p. page House of (.!omiiivns — cuijiiuued. plios thereto, p. '.*10 llic Iegi---lativo co'.Micil inform tlie Secre- fa,ry of Stale tliat llieir co.ilidtnice in tiio pruJeiice of the parent Ktalo hail been shaken in conserjuiMice or" llic (in'.'stion.^ >i;keii l.sy acoininittee of this lion^o, relaiivu io aa ul'Jtiivu connci', p. XJIO petitions from Uf>P''r Canada, prescnlxvl in, 18:2S, 1331, l':^;3-i, cnununitcd 111 a l.'tL^r to Lord Gid nich, p. *.>8i and'JSU the aasombiy r^qnooi. Hid Mtj-yiy to lay tlie ca-io of Francis Collins and the proceed ino-.s of the goviirninent thereon before, )). 371 AiMrosd to Hi."! Ahijecty fruui, lb: ialbrmation couceni- liiu Niiijijara Falb ouli-Hj^^e, p. iv ". Jloicinl-, Lord Viscount, M. P. — A.-isirfls tlio Canadians in their of- f )rts to obtain a redrcus of Criovaneo!--, xxiv. . . .hid letter to the Treasury intiuiii'.inj'' Lord Go.lericirrt desire tliat the yraul to the iJnlisii NorLli Am ;rican Clerj^'y yhonld bo j;;rudua!ly diniinirilied, ') \i'i. . . .hi.-! leir.er to the lion. J. K, Slew.irt, intimating tluit uic people of Bniisii North America oiin;hl to be called npon to maintain tlieir own cl.rgy, inalead of Lurthening the liritiali Trea,snry, p. 14^3. IJis reply to iMr. Mackenzie'.? application for an audience of L'Jid Viaeouiit tioderich, dated 23d Juo'-', 1832, p. 191. Hi.s letter to Mr. Mackenzie, June 29th, 1832, in e.^planatioii of the former ieif(>r, p. VM. . . .hid note to do., reluiiiiny c-rtain documents, p. 19 j. . . .his letter to do., concerniii„^ the Niagaca District Aiidresd, I he War Loi^.s !a q'ie.st!on, & •. 8t i Septemiier, 1832, p. 1D4. .. .hib letter to the s.Tme, dated 20;Ii Dec. iy32, denying' that the (jueHtion of t!ie union of iMontrcal with Uj)per <•■, .,,!,. ; i.i .1 1... .,,,.1 ;... r , r\ : o.-...» .- .iro __ „.. _ .J .- , . _ „. ..^ -. ,. ^ |.^.«. Canada, id oyiiat'^d by authoriiy from Dowiiinjr S'r.M.'f, |>. 27y . . . .his lelliTlo t.hc same of t!;;; 22d Junu;iry, 18:!3, ]). 'J91 . . . . li:a nute to tiie same, when the Colon al Oifico had rodulved tu cliunje the Crown Lawyers of this Colony, p. 203. JLuixe of .,'' ^s-ri'di/ — Di.'^npprnves o' tho conduct of the Co'oTiial (j.)vernuv "I i,: attrm[-,tin^ to uplndd crtain particular rel.'/rifli;^ sect.s hy n. .,patch (makingroncesdions to the wants of iho people) with iiidiT'diy, and atlenifitto supproos it in tho AGPrmMy, XLiu, XLIV. XL'.V, .Vol 11 on- e on tiie (jii"s;.iori of supiires^iiiji the D^'spatci of .p.-;cml) ia.s at all t im \s r.iade sati.^lactery provL-jion ior ihi tupport of the (;ovt rniiu nt, nut (;i l!io r uoii, xi.vii. . . .Ordeiv and vc'efl on piiulinjr 1 raii«ed hy ta.va port on Griev;incr.-', xmx order to print 2000 copie.s r.f Ciri(;vaufe Repor 1. 10 publication of TJisliop M'Doneli's I^rtters to Dr. ()'( eveiUKj I'he lleUfe refu.^cs to rccind its , or to Hi!;j)r;j.-s i'he Ifouseof A«-eml)ly uuft to mana„'ethr Land] ■adv, witneHd if.s coiiduct with tlie VV'ellnna C.uial, & vi.'veiuK :« li.iard of Lduea I J tin I'll) r»"50. . . .the Li^ni,s!,iiive (.' ca'ioii BU';<-.retv-:od on an Addre.s;; oi; .S; loJ ra: urn {-'the I'r.jv iiieil aj>pe:'red to \\;\\e ni'.ile' thi im;-,; muoii iiu-.e itsKtmlv than, .V I'd- rni ;in. 30 11 O II i^Vi>K*, or MritniM ^ "* government oftl.o nt ^ ^''''^■''^'''" ^hepojicn ••7'tli t/,0 K-xceinionorL! ' ^''^J'ence J' other roIonicH n » ?''^ '"^'HnpruiWe ^"f-'i.eco!o:^J no !''^"'""^«f'^-'" 'Abroad Is- 'ill I !!■:;'! if I '"•tl been tu; f ''^''" ''''^ ^^sfimoMu ,p . '''^' /''« '^''^^'alioria t'on, had^een f '^''^ "]'' ^'-'ff^r.ted hh^U of L ' "" ''"""«« "t" %■ fNDt'X, Tvi>EX.] II U M JfiP.ixc of Assemhly — C'ontiuuofl. 51 Proceed inijai in tlie caseor Frniipis Collin-, p. J^.'fi fo p. V>li, votes of tlif lf)iJS(j co!i(;eiJiii:g', p. H')?, luitl p. 3(W to |). ;>71 'iddroi's to Sir Joiin Colhornp, p. 13")7 : to the Iviiiy, p. "71... . re;.oJiii,ioiis censuriuji His Excellency for liis indecorous iniput;\- tioiis iigiiiiisl; the House, p. 3(51 resolutions in fnvor or Fra«. r,'oIlins, and ceiisuiiJig Judge fcjhcrwood and tiie Executive, p 3oiI, &c. Report of a sf'ect commi'tp'-) on thfi petition of Willinm For- pylh, complainiiig of liie Niugnra F.'tila outrage, in* 1'\ir. eytli's petition, p. 1* Sir P. M.iitlaud's nccrunt of itie pru- ceedinifs in tilt; casii of (jolouels ('olfin and Givins' arrebt and itnpritiuiin-ieMl t()r contempt, tliey insving refused to obey tlu Bunnnons of tlit? llou'^o to givo evidence on Forsyth's petition, in 1828, p. 13* Sir Peregrine ninkea a gross and unwarrant- kIjI'! atuok on the nrr'ifs am! chraTiO'^'r of the Hjuse, (9ai Par- Uiimeiii) p. 1(5* and 17* It iisis of late years giowii into a pr.ictica to submit tlie ofTieial rorrrspondeme of the Colonial FiXecu'Jv3 with the Colonial Oflice, uiuvservedly, if called for, Maillami,p. '.^3* the Homrp address Sir J. Colhorno with copy of report in favor of W. Forsyth, and requesting him to f.ivoraiily reeoiiiinend iiiw (F's) case to His MnjeMty's Govern- ni:!nt, to which he replies that ho would forward the docnninpts but conld not reconiincnd the claim for remuneration, p. '23.* S-'tj also, Godcrich, Lord I iscount. linmc irigma. \r alter- which [fed hy 18;];-., py— in ■<2<\ p. 1333, Iments l)vnrii. ^'arlia. dai! s pre- Irihiii"- J,)srpli, M. P. ass'sfs the agent for the petitioners in Ca- nada, piayiiig for a redress of grievances xxiv favorable to Elective iiiHtiluiions in the Canadas xxxix. Letter to Doc'or B;ildvvin on Canadian Grievanf^es, 1st May, 182!), p. 97. . . .the first and most important atop of tiie House oi" Assembly would ho to control every item of the provincial expen- diture. .. .Caiiadians should b-^ exceedingly cautions about the encroachments of (he (lUmrch of England to any thing like a dominant ndigion . . . .the menibers of the Executive Council tihould be ri.8,ionsibio, and removeabie on the cull of the- people, for abuse of power, p. 9S. . . .returns to addresses of the JIousl* o(_" Cuininoiis moved by, p. 21G, 217 Do. p. £1(3 Do. p. 2,i8 Lord Godericli appoints an audionoe with, on Canadian afldirs, p. 101 Letter to, fVoin Lord Goderich, stating tiiat he had laid before the King the address of the inhabitants of th.j Niagara Dislrie', p. 19.'} the sroveininent not answerable for his promises of reform, Godcrich, p. 'i'i'S the Legislative Council exprot^'s their apprehensions of the " political union.'," wiiich tisreaten alike the peace and liberty of the people, and which it was sr.ppo.'ed he had sanctioned," p 211 presents liie petition of the M.'tliodisi.^ and D;s.seiiters fo the llou-a of : lor un Klu'ctivi; ! cliil.Vi; Cijii..r,i, l"i.;2, p ■i"^l' !'l it T\.S [fNUBT. Jli'nl, S:/.:i^!al P., wns nppnintnl Siuv'\vor Ht iirval, l.^t isov^in- l)or, l>!f2i), ont'M'od in'o'i tlio duties of tlio oflloo, VJ2tl May, lS'.\il ; rocf^ivo'! nionflis full pay on liis iippnuitmcnt, tlifji Iinil' pay and omoltimrnts until ho arrivod in C-ukuI;!, ihis wns by order oftlie Ilonio G.nv.r^mpn^, COH I'THS 18 KU, and Jt;i4n l:j ll.V, stprlinsf worn pjiid to Mr. (Jiiewitt as principal cleric and KPninr Piirvi^ynr and drnftsmnn, and lia'f'tlu' oinolnm'^nt. oftlie Snrvpy- or Gonernl's otrico fi-uin Nov. 1, 1S29, out of fur d A. ho rofund- od thepo piims to u-iine.-s, th':'y boiii;,' tlio Riims accniinji" to him during his aiisfnce fnm the Colony, a^ per tho Doppatch of the Homo Gov^-rnm^ni, (>01 his incnine ui IS'ii, wns £(j[)() stor- 1 iig, Palary, ai:d £75, fjc.'--, (!0r». . T.his iioU; with answer, p. SCO, Boe also IX. . . .soe p. 114, und nolo. Iliiskisron, Rin-ht Hon. Win. A ppnrrh of hip nnimndvGrt<^d upon in the petition frciu York county, 18^0, p 100 Dpt-pateh lo, from Sir. P. M litiand, in thfj matter of tlio errcst of Colonels GivcHG and Coffin, p. 13.* I. I:!i)-"'rcch)}irn*r. Tho josriH'ativf oonnnil is a. fit trihiinal to try, .V/wr/(rmr;48 Th'"" circnmstanrpi^ of tho colony do not warrant tho f^ivinnr tho lotrislative council the power to try, Slanky, p. 0(5 It. lias novrr boon concoived that ono of tho [lowors giv^n to tho lefjfislatnrt' hy the .*U. Geo. Hrd, wns to pr(>f('r iinpoachmentN, horauRO tho Icgislntivo council has no jower to eiilurtain or dis- pose of Ihcni, Mailland, p. IG.* Indrnfinr hftwoon tho frccliolders of tho county of York and t]\f. rf'tnrning ofTicor. dtn-.laring VV. L. MacUenzio a representative in the assembly tor that county, p. 190. Indian Deprtrtment, cxpopcr-pof, dcfrnyrd from England, amnnnting, it !R prohablf, toiibout i^S.OOO, p. 341 Letter, Lord Ilowick to the Hon..!. K. Stewart, proposing a reduction of the Indian pre- p'?nt(?, pensions, &c., p. 341 Estimates for defraying the chur- g(js in the two Canada?, p. 343. Jnhrritfrrxe, law oj, BUI. See FrimngcnUuTi Jmics. Lueslctle Estate Jirpr.dor General. It is hif duty to kc^p an accrtintnf ontptanding monies due by public accountant'-, Turqnnnd ^21 all public siccountH are cent to hig offico fur iPS'iect'on, l^Jirqvand 429 The duties of the ofTico might be defined by statute, Marklavd /iS3 crown lands c(unioi-sionf>r accounts hnlf yearly to, for fTown landn sold, and yearly for sales of crown timber, Rnhinxon non income of, a;id his clerkp, p. 115 circular from his ofTK^o, rtquring tho personal attendanco of coUectois of cutioniBj y>. 333. M^te ILm. Ceo. II. InarJitnd. S'; IVDKT.] JON 3U lu'iprdors of Tuftrn and Shop Licences. — Thoir rcturns'of llieir iu comes, p. 117. Infrs'ate Estate BUI — TliP Bill for tlio morn jtist mul rqnnl diviflion of the property of persons dying witlioiit leaving a will or tosta- mont, pjissod thf IIohpo of Assrnibly, and was njocted iiy tlio ][j<^>gislativc Council, 1R'">*) p '^Afl >l Jiff"'" p:iws
    jiu'frf'fl of iho court of king's bcncli rognlate tlie f(H~8 vi : art> (li'ijciidant on iln; crovvii, vi. ^cn Lord Sfaiih'y'a lellf-rto Dr. Baldwin, p. 9(> Salaries nf the Piiisne .liidrjrp, p. 110 the King- woul I rejoice to aspprit to a bill tor securiiiii; thilr iiidependciic", Ciod'Tich, p. 2530 A Bill to exclude tiie jud^fi's from seats in llio legislative luul exceniiVf'' ronnu.is pasiicd ihc assenibly aiul was loal inliie council, Ic3u0, ji. 200. Judicial EslahlblDnerU. See Juslice, A Jmhihlration of. .7k?-7Vs, impnrtially Piimnioned in Glengarry, C/i/.s/io/m C8G tli'* pystem ought to be altered, Slanloj, p. 90 the qneylicn admits an infinite diversity of'o|)iiiioii, (Joderich, p. 231 a bill to ex- lend the privilege of a jury to the Court ot Requests, wlieru a party desires it, parsed the Assembly and was thrown out by tlie liPg^'ilntivo Council, 163."), p. 275 INIr. Mackenzie remu)d.< Lord Goderich that a ConiiniUeu of the House of Coiniuoiis imd Btrougly recoiniuendi;d an aniendaicnt of the defective system of eiinimoning juries, bcciiusi? it struck at the very root of the ad- ministralion of justice, p. 2S1. Jur;j Laws AmrnHmpvt Bill, passed the House of Asrombly and was rejected by the Leg slalive Council in each of th" tollowmg; years, viz: iu 1827, p. 20:2 ; m 1828, p. 263 ; in 183(t. p. 2(5ii; und in 18:5.">, p. 271 liOrJ Goderich reminJed of the iVequeut I'ailuresol'tuis Bill in liu Counc;!, p. 28-3. Juatic-;, Atlminislration of. On the 1 Ith of Marcb, 1829, tl,e Mou«i.t of Assembly a.idress the Kng ciiuruerating ni.iriy wioigs doiifl to the pco|)le in tiie, and d chiriiig tliat it was " (roin siuJi tourts and such judges that ihc people dt^slred to he reiitwfd," p. 2{l7 the rual-administrat"0!) ot j Htice complainf'd of and staled in the petition of ibe people of tlie county of Vork, p.igOd 99, 100, 102, 103. See "Francis Collins." " Mr. J uel ice Sherwood." " Sir. T. Col- borne." »> xMr. Juslice Wilhs." '♦ (Criminal Prosecutions." "Nia- gnra Falls Outrage." " House of Assimibly." «' impeachments." ".Tunes." "Justices of tlie Peace." "Kingston." "Lbel." "Leeds contested Elections." "Sir P. Maitland." "Capt. John Mitthews." Robert RauJall " " Chief Jubtice Robinson." Jiistlccg of the Peace. Appointed by the Crown during its ploa- sure, V the Magistrates of tlio Eastern District refuse to accoijit to the House of Assembly for the revenue expended by tlieni «,.,d raised by taxation, v their character, xxvi the manner of their appointment in the London District very un- satisfactory to the people, Moore C7. .. .favoritism prevails in the appoiicment of justices of the peace, IVilson 88. . . . I Ik re in a little kiii»t or junto of magistrnles in Kingston, Bisho]> Mi'- JOoncH, p. 8ii), . . .110 partiality exorcised in Durham rcia ive ic * Inuua.J K 1 N 33 ploa. liSt; to |le(l liy .11. « |iy uii- iild in |t re iii Mr- live ic Jiiilkfyti/ ihu i*(i«f«— continued. tiin !i|)i)0:iittni'nt of, liroivn 3i2....'^r3 iiiohMv apnoiutod in .loiiiLsiowii I'roiii till) part. zaiis uf !lin Mxccntivi', liucll Doi.... fivhoffi'm and lifilt'uny-of^icors I;ittiirly cliosfii tor tho Niivura J)isfr7c.!, Macmid-iiv^- 4;}'2. . . .j^oiicM'illy taken iVoin the iiuuis- ti'ri.il su'i? ill politics, ai'.d liitf.orly ivsv coiiicr.-i, Durand 437. .. . (iovoriiors tit pursuis to chnoj^p, Strnchnn ")•>(.*... .iiK.'iiibers of tiio Uoii«(> of Assembly and ntln rs may iiifl)rm (xuvtiniors as to fii p^rsoiiP to lio in.ido m.igistrfUes, /i*>/>(»,sv);i 5(7. . . .coiiUol of 1) strict T.i.xalion, witli district piilroiin;ijiMii tho haiidd of, p. l'^7. . . .Sir J,)t\n C.ilb'iriie cb'irj;Ml with puriinl ly in tliu ap- p.)i:iliuijir of: Mackenzie, p. 2]-\. ..." nr<; nppoinled by commis- Kiuii uiid r tho great seal of thn Province, the selection l)cing inado by the liieutoimiit G ^vernor for tJKj tiiao beiu^, acliug lu tho niime of the King. ColLornr, p. 300. Reiurn oftho iinrristratos ofilio Western District,, p. G03. ... of the Lo.uloii District, p. o(r)....of lii'; NiJi;:f!ira Dia: r^ct, p. oOi'i, . . .of the (i >re Disfriet, p. 307. ...nf the llniiie DisLiict, p. 303 of Llie i\evve;sstle District, p. 910 of the Prince Ed- witrd iJ slriJt, p. 31,J of the Midland DisUiCt, p. ni.} of the .lohiu^town District, p. 314 of the Batlmrst District, p. 3ir>. . . .of the EaBlern D.btriC, p. 310. . . .aadufllic Ullawa Da- Ij-ic*, p. 317. K< mpoijildt 7i'«^— j£926 expended in opening a roiid near, p. 171. Kempt, Sir .James, report by Iiitn and oUiort!, on thu best uiodc of iiiaiiuying the R'vemie, p. 170. Jur/i;;, Hon James, — A Cnatom House Ofuccr, p. 117. Pension and iaiids granted to, p. 250. Kerh'j, Ifnn. ./ci/u?,— Public Lands granting to, p. 2.j0. Kini:; James. [Analysis ef his evidence.] — Recollects the Reverend Vv'. Frits T, of St. Anirew'ri hiving comiilained that he i^id not received the royal allowance for years ; witnCfS uiiderrftamlo that the uuitter was atlnrwards cotn'M'Oiiiis-d with Bishop AlcDonoll, ;;iw'H !lie Ciitholic I'li'y, ;_^eneriilly petitioned the House of Atni'iiib.y (or an enquiry in*o the alled^ed mis.ip()rication of in lilies granted to tho (Jh'riry and S,;hools, and prayed for tlij HlioliLioii of all pensions and sinecures grunted to lli3 clergy, 2'-}\ r.Vidence of misiipp*licition of ia>),iieH before a commit- tee ai>ponited at a meeting e:ilk'd by iJishop M;Dv)iieIl : R-v. Mr. D'nijiscy had been obliged to sign receipiato the IJishop for iiioiii> s he II 'ver rece v. d ; Mr. (irordon of Niagara said ihesimo; Cardinal Weld presented for gratuitous dis'rbution a q'lniitity of Mtcred vestm-nts and church plate which Bishop McDoncU su d to the Clergy, took their note.'', and olopped the amount out ol'lli" go\ eminent apprni)riatii>n, 2)3. fSiioiid exiiiiHiiitioii]— The gnverement Pensions convert some of t,,e Cii'iiolie Clergy into politician.'-, and its Bi.-iliOjt McDonell is a peiibioii' r and indoptndcnt Oi' the pe- ji; . \^^y is ivos an.Mous to 3(i L A N [I' NUICX. A'i//^', Juiiif.i (Aiiilvilsi uf Ills evidence) — coiUiimoJ. promote tlio rcIii". 0'(jrady for not, (^ndoavoiiiiiitj to insure siiocrss to an exclnsivu liioctiiiif of ihuCuthol.od oiilltii lor poiiliciii piir|)Orff.s by i\Ir. IJaby Iha Inspector Goiipml. , . .witnesd refused to go with the IJioliOiJ to a b.inilur nioolinj;, 511. Kin^iit Council. — TIio inU'iToreiice o'', in our domestic lopfinlation, diiprccntt.'d by tin; Assembly, p. 181 ... . proceodiii/frt with colouiiil acta, p. *27d. . . .no Co'onial act can be disallowed aavc by tt lO- gular order of tho, p. 278. Kinc^'s Jicnrh, dimii of... -BlU to coni^t'tufe the I .rw! si a five Council a Juilicial (yOtirt of Appeal ftoni thojiul^'nicnld of, recoivcd tVom the (>oiin(;il, iind rejected by tho .\sseinblv, I8y.j, p. 27G. n ;l I '• diiLi<^i; kiiiwiwuuu ttiu.iu, III Liic uuiiuiiuu ui lilt; i illoirally oxi;rci.-ied all the ])i)wor of tho Court ofKiiig\s 'Bei.cli, and viicfited IiiH oflice by iibsunliiii; hinuxolf from the Proviucu wiihoat tlic leave prescribed by Law, vide petition, p. 10;3. Kinfa CoRr^n, ViiiccrsHi/ nf...-Sae Uii.iccrslty of King^s Culk^e. King's Pri.i/cr.— OJico probably worth jGIOOO, p. 115. lilngston B.:5!iop M-Donell denounces the inarriKlracy of Kiny- Btuii, ]>. ',)7}, and declare;^ tliat ihf re is an Augean Stable to bo cloanrd oat there, p. 41 a b:ll to nllow tlio iiihabitaatj uf KiijXsion to elect a Town Cuuncil, pa-S'd liie A,ssi;inbly, and Wii.^ thrown out, by the L'^i^islativc Council, 18 '0. p. 201. . . .and wad again n jet. led by the Council, 1831, p. 268. Kirkp'tfri:Jc, Thnmas, ori-oncous return ol" his income as collector at Kingston, Ruwcn 47. Luiouchcrc. [Irrht ITiiihlt JTeiiry, M. P., fnendly to clcctivo cuuuciU in liie Can;idas:, wx. Lu7ul G'-aiiiin;:^ Department ; co'ifiLsion created by the inulliplioa- tiO;i of oiKce,-; in, x 'V ffrievance p:u-f!y rciaovjdjXVUi liintl graaung syntem bad, Muckinzit', p. 210. Land lievciiuc. Sec JidKnuc. Lcn.!.". ..r'ei.) U'ar.tr f,:(iul^:. Cioirn fj-inds. ^'I'l^rj Rtf^rivcs. ( 'i/lliciit' d Landi:. Tnuex.] L R G 57 L'Aasomption, Cathitlk conr:;rie;n(!on o/--l»ill sent down from tlis f;oi:ncil to incorporate and oimbLi certain pei'eoiis lo liold landa on behalf of, rojonted liy tlio nssiMiibly, l53L'«-4, p. 274. Sec also liishnji McDontlVs Ltllers. Leeds Contested Elections. RiofP at, xxi .... Sir .T. Colbornn disre- gards the views of the aBSfmbly reloliveto, xxi. . . .('(tiidiict and opinion of tlie rctnrninjr ol^icer at, xxii. . . .ronnwcd riot? at xxii it wns iiebl at an iiiiprpp^r plact^, liuell '.'Tvi. . . .'I'wo bills to fiii.-i county, reif'clf.'d by the uphold the freedom of cii'crinii in Jegislutivc conncil, \>^'-\5, j>. '27'). w '/" Ticedx FJrdl'jn B'llhl TiUl -A ropy of a Hill lo j'l-ontote the peace and freedom of Klootions in the C'oimty of Lcedp, by iutro- y (J.il'ot, .ind t(il. . . .the common schools not BuHiciently numerous and efficient, 137. . . .states a case of nne. qual taxation, 139. . . .thinks the government ought to have paid oft' the War Lohkcs with the public lands, 141. . . .coppiders the House of Assembly to be a mere shadow, 148. . . .the abolition of tlie primofjenitnre law every wlicre desired, 149. . . .the i-oies of the AgricuUiiral Uank circulate three to one of any other in llio llidmjT wiliKrvs resides in, 150. . . .thinks twotliinlf of tlio Legislative Council ohould be clioson by the Freehold •iv, l.j;J ....thinks tho pystom of ponsioniiiir judJOd by ordtr from England a great hardship, 154 ...ia in favor of the \ole by ballot, 153. Legislative Cownrj"/.--. Conduct and chiractcr of, xxv. , . .Sir John - Golborne considers it deficient in independence of character, XXXVI... .Hon'bii.H Messre. Clark and Dickson express a decid- ed opinion as to the subserviency of ifs member.-^ xxxvii. . . .the petitioners from the county of York complain of thenhnost mortal violence offend to llie Constitution by the exercise of worse tliau military rule in the intimidation of the more dependent members . of the Legislative Council info the views of the adminifiliation, at the peril of their ofRres, n. 103. . . .The committee rofonimr i;d its reconstruction on tiie elective principle, xxxix. . . .IM'-. Fox and other eminent statc;iiicn were favourable to legitbaivc iii&titutitn» for Canada, on the cl.^ctive princi|de, xxxix. . . .a ii.rjorifv of ihj electors of JMiddlepw in favour of tlie Elective pr^'cpl-.-,' Moort 70. .. .the adoption of the elective principle would chair.c ili;-; colony into a Republic, Dunlop 104 a mnjorily of thr^Lrgit,. lative Council arc men who neither study the "wisi.e.s of the p( r,- plc nor the interests of the countiy, Macmiclitifr 4;i0 woulu prefer an Elective (Council ; the present body are rtgardlees of the vvislies of the country, Diirand 478 there are not too ma - )iy dependent poi.=ions in it, StnirJnm r>39 it had made the good of the province more its Kiudy than the Houee of Assembly 7 :.!t I- ill lU'P s ;,' ll'' p r '111! I^ fe., •rl mi as L L a Lugitlatitit Guuneii — oontinued. [Inukx. had, Strachan 543..,. it is a propor tribunal to try iinpeaoh- uenta, Strachnn 548 . . . incomes of some of its ofliciirs, p. 110 . . . .character of, by Mr. Macifenzio in liis memoir to Lord Go* derich, p. 107. Address of, to Sir John Colborne, on the occasion of returning back to the Government, Lord Viscount Goderich's Despatch of 8th Nov. 1832, p. 235 The Council have no desire to become acquainted with the coulcnts of the statements submitted to (hem by His Majesty's command ; the statement iiad been made in a spirit of wanton and intemperate iiostility to the Legislative and Executive authorities, p. 235. . . .his Lordship is accused of hav- ing received in a condescending and respectfjl manner represen- tations evidently " outrngcoUHly insuiling to the constituted aulliorities," and wljich tiic Legislative Council view " with the most unqualified contempt," p. 230. . . .the people have pursued their avocations contentedly from the day when the autiior of these abusive pnpers lefl Upper Canada. . . . papers which cast unmerited insults upon the Lieutenant Governor and Legislature, and some most wortliy individuals, papers strung together with little order, bearing the marks of a reckless mind, and unscrupu* lously throv/n before tlie government in disrogurd of high authori> ty and in violation of official decorum, p. 237 .... the Council regret his liOi'dship's manner of speaking of the complainta against the Government and its officers, p. 238 ■ . the Council deplore thn supposed necessity on the part of His Majesty's Go- vernment that it was necessary to quicken the atteuti >n of tho Colonial authorities to their duty of promoting the religious and moral instruction of tho people, by enforcing the suggestions of Mr. Mackenzie, who employs his education m sowing discontent araonc^ a happy and loyal people hia Lordship is reminded that liie Council is not accurately described by him as '* a board," but that the members hold their seats for life, that their duties are exclusively Legislative, that all their discussions are open to the public, and that for years, and but with ono inter- ruption, they have preserved a perfect harmony with the Housa of Assembly, p. 239.... the confidence of the Council in tha prudence of the Parent State was in some degree impaired a few years ago, when they found a committee of the House of Commons "proposing to such individuals as happened to beat hand," questions "really pressing upon them as it were, to give a sanction by their voice to the opinion, that the [Legisla- htive] Councils should bo rendered elective," a change not then contemplated by the people and one of the last which a friend to the colonists would wish to see adopted .... His Lord- ship is told that his injunction that Archdeacon Strachan and Bishop Macdonell would best consult their convenience and spiritual usefulness by leaving the Council was altogether un- called for, p. 240.... and the Council remonstrate against this assumed right of influencing the conduct of its members they trust that the "political unions," which threaten alike the peace and liberty of the people would not be introduced under Mr- Hume's recommendationi p. ?41. . . .the course pursued by [Fm ry iinpeaok- c^rs, p. 110 to Lord Go- of returning Despatch of 3 to become ted to them •nado in a sltttive and sedofhav- r represeii, 30JJ8tituted " with tha '0 pursued nutljor of ''"ch cast 'gisJature, 'iher with inacfupu, ' authori- Council •mpJainia ' Council 'ty's Go- n of iho ious and itions of 'content -minded 1 as "a at their ons are inter- House 1 in the lired a 3use of • be at 2ro, to ■giala- e not lich a Lord- I and and r un- this * * • ■ ethe nder i by Jndix.] lib I L«gitlat'ive Council — coutinued. IliB MajoBty'n Government accniB to U.e Council to evinc* a de- parture from all t'ormor UBOgos . . . tlioy request, thnt their addroM may be forwarded to the Secretory of Stnlc for tiieColonie*, p. 242. A return of the Membore of, with the offices they hold, tlie lands which have been grnnfed to them or to their chil- dren, and their pensions or emoluments from the firitish or Coloninl Govornmonfs, dated Ist Jul)', 1832, p. 249 to p. 258 ....Tilloa of all Bills of a public nature, originating in tha Assembly and rejected by the (>oimcil or amended so as to insure their r«'joction in the Assembly, nnd of Bills originnfing in tha Council and lost in the Assembly ; also of Bills which pnpscd both IIousop and were refused the royal Assent, in the ycnrf 1824, to 1835, p. 258, to p. 277. Sir Johu Colbornc informs Sir George Murray that it is ex- ceedingly difficult to tind persons qualified to sit in the council; aud that, composed as it is at present, the province has a right to comphiin of the great influence of ihe executive government in it, KJth Feb'y, 1829, p. 277 10,000 inhabitants of Up- per Canada petition the House of Commous tor a change iu 'he character of the legislative council, p. 282. 0^ Copy of the bills, to amend king's college charter, and lo promote education, which passed the Assembly aud were rejected by the legislative council, will be found at the end of this volume, Legislative Councils. — Lord Stanley denounces the connciU, it Lord Gnderich's opinion of colonial legislative councils, in a despatch to Governor Cochrane xxvii. Lmnox fy Additigton : 1005 inhabitants of these counties tbauk his majesty tor Lord Goderich's despatch, p. 244. Lrwis, John liowcr. A/. P. P. recommends Richmond and the lower part of Huntley as polling places for Carletcu, p. 62 811 acres public lands granted to, p. 250. Leonard, Sheriff Itichmd, reported by a select committee of the Assembly to have been present countenancing the military par- ty who committed the trespass at the Falls of Niagara, p. iv*. LiM^ a bill to amend the laiv of, passed the Assembly and was rejected by the legislative council, 1830, p. 2CG again re- jected by the council, 18-32, p. 209 F. Collins is convicted for a libel on the attorney general, proceedings in the case, p. 3i)6 to p. 372 — —The House of Asscnjbly resolve, that it is inconsistent with the libeily of the press that a person should, before conviction, be called upon to find bail for good behaviour, upon so indefinite an offence as libel, p. 370 — ■ — Lord Ashbuv- ton'r^ opinion against taking seciuiw from supposed libellers, n. 370. f 'IIP See also, /Jry itlni n nf JV, L- M(ichcnzi( . Licences, Insjiectuis of. See Inajiccluis of Linnets. Lieutenant Governor, 'The.— Alone, :-i,iH)ints collectors of cus- toms and excise levenue, lioivan 11 siunnits only so muih of his concsponilence with the colonial office to the excculivo council .IS liethiuks lit, IlGwan .'iO Is to consult the coun- cil in lanil grants; need not follow their advice, Mar/eland ii({. Lower Canada. Attempt by the Executive Functionaries to dis- mcni'.^or,, xivi. .. accoptanco of olH;c hold to vacate a seat iu the House of Assembly of, Muclenzi.j . p. 200 A Bill to appoint commissioners to meet the commissioners appointed by tJio Pro- vince of Lower Canada to consider niiittors of trade, boundaries canal and Saint Lawrence river improvement, and other matters of mutual interest to the two Canadas, passed the Assembly of U. C. 1829, and was altered by the ccuncil so as to injure its rejection by the Assembly, p. 2Go passed by the Assem- bly and thrown out by tho council, 18;J0, p 2GG passed a Hid time by the Assembly and again altered by tho letrislativo coun- cil so as to cause its rejection in the Assembly, 1831, p 208. passed a fourth time in the As.^embly and rejected by the lewis*, lalivc council, 1832, p 2G9. . . .Mr. IMackenzio brini^'s the frcqirent rejections of this Bill, coupled with the fact of^ a similar Bill having passed into a law in Lower Canada to tho notice of Iliy Majesty's Government, p. 200... Letter from Mr. Mackenzie to i.ord Goderich, protesting against the scheme of llio Kacc'ii- tive OlTicers here who were atlempting to excite dissension be- tween the provinces by agiUiting tho (piestion of the dismcm. borinent of Lower Canada and liio annexation of a part of it to Upper Canada; with tho vutoi-', ami d'.^ciariiig that tho yco. maiiry !iad no wish to bo parlies to the injustice, p. 286. See alcio, Monlre .r: ;k; \<\<}'js, j. LVDLX.l M A I 41 .Mi'.cdiUKild, .l/i7i(/M,tii— SOU uci'fM [uilili!; i,i:iii.. t^iaiitud Iv, |' ioi. MiJCilonrl'j \Uuuii,i'i, .VI, I', i'. (il Nci thiDnl ci l,ti,(i — 7J..'/ ixiui. A Oil Ijy, oil eii;ij^r;piio!i, p. 1 7i)-;.'^'.l/. "i wliii ii u\>- lor In- ^ >! vior.; n < iiii (igcnf, p. Ir. — IllJ!)/. piiid liiiii to CDiii I'l.t'' \\\i- I'^'Ui i I'lmin li jiiili, 18"27, p. IHl Aiiciil ti) coiiimifai.i'JUcr ut" {.i"(Vii l.n.ds; chi tics ol' tliat oJlice, p. 'XS^>, Mdclondl, Alrx., oflVsc(,lt, :\I, V. V , BliLriiV Ottawa Di.-.trict ; du- ties of that oUioc, p. ■i'M. M'icdimll, III])). A'( .ctnxhr, iiisi'Cctor (iiui CDHcrtov of l:iv'.'in liicn- C(.'s, Toionlo — lii^■ public oHiccs uiul income, p. 117. McDoricU, Alcxundo — ISi.s/iop "J Kc^icprUs. — Vote im a niolii.'ii in upsornbly to eupprfitis tlio jiublicaticjii of Ins li'ttt-rs to Dr. O'tirady, r, Comphiiuts ii;t;:ii!i.'^t liiiii lor iill<(I^fcd iinciiiution, 0'(,'rafi)/, 22i, 2ii:5 Letter to Kev. VV. J. ()(;riuiy, 8lli June, lHri!l, niitliori/m^ liiiii to pay a (.jratiiity to Mr. !\lii(l;r(! I'or perlonii- ing iii.s oHicial (Inly, p. 30 Mr. Mudiie's letter rei'ii.-.iM^r tlio f^yn- tuil.y, p. 31 Exercised a politj. al inliiienec over liis e!er;:y in eoiijunctioii with Sir. J.f-nlborne ; f^ot np a petition and inv( ijiliod Trotn the pulpit njj.unst Mr. Maeken/i(! ; attended a uiee'tiiifj; .it Mrs. Jordan's and luurangued tlio jieople ; srlioeUed and t-onndal.i/.id tlio Rev. i\Ir. Gordon by the nKinner in wliieli be carried on jii.i political crusndc between Toronto and i'enctanguiL-liciio, O'Ciru/// I-etter to Rev. W. J. O'Cr.Kly, i-'^rd January, l«31 find.s it neccs- sary to remove Rev. Mr. (Jrevier to renetanmsi.shenc wbere iiiy hoarcrti would be Indiana; if the parisbioner.s of l/As; ninpliou are refractory the parish may l)e put under interdict ; J)r. O'd'rndy dircclod to connull with fcjir J- C'olborno, and (dilaiii hucIi reeoni"- meiidatioii.s na would |>roeuro hiiu support from the ('ivil aulhori • tieaof the Westturi J)islrict; Mr. Crcvier would bo anhl not ajipoint the pcuyon:* he had rccomniund- ed to bo put in the comniiH.sien of the. peace, p. ■!;>. Letter to the same, l.st Dee. Ib30 — reaolved not to answer the petition of certain pen-ons in Wandwich ; rcffrots that a lot fjivt n In Dm chureh should hav(! been !~old for iax'^s ; proerastinatiiin of the council relative to the prrnnt of ;i lot on the Trent ; ^inco Goncial IJrock'H death ho had found an iuccs.sant secret ii\ihiencc under- minp iii.s exertions for the iii.slruction of the catholic!*. Doctoi ' Stra( hfin and Juaticc I'owell, " who mider the nominal aihuini.'dra. lion of Colonel Smith, Mr. d'ore, and Sir I'erefirino .Maitland, ac- tually jjovcrncd the proviin^c until tiiey ((iiarrelled nmonp.st tlieni- .sclvop," re.'-ist for 7 year.^ Lord Ihithun^t's orders to pay sahirics (o catholic clcrp) men ; i.s indignant nt the conduct of two missiona. rios in the we.slern turn': oiaiucd l.y ( duealin;,', i d-d! '' eeelCi'iaitic 3;i, 3i;, 37 A* 3:t, iiti' ani loi many yar ■ ut hi;; u\\)i e.V- i;i>iMiil;ii!i ninnaolv eiindncl orilio eoun.:;! vIiim 111 d' Ih" ;huniiii;T niid i"t al the 'I'rcnt ; -CuLi',.. the LCiidu'-t •jl'the m.TgiJi h y of iun^'i-luu ii~. bei )):; Vt'li 42 i-( ' ;: MAC [Inosx. lUcDoncll, Alex.., (Bishop of Regiopolis) — continued. iinptopor, and that there is an augean stable to clean out there ; division of tiic public money to catliolic clergymen ; Mr. Fraser having made a decent competency by his speculations at Kingston, not entitled to a quota, pages 39, 40, 41, and 42. Letter to the same, 16th Jan, 1830 ; Dr. O'Grady to exercise the control of a vicar general over the catholic clergy ; purposes to which Cardinal Weld's £1000 had been applied ; the bishop in- tended petitioning His Excellency on buhalf of the Fonetanguish- one Indians, p. 60. — is less anxious to promote the catholic reli- gion, he being a pensioner and independent of the people ; his hos- tility to Dr. O'Grady had its origin in politics. King 514 unionnt of pens^ion paid him, jESSBg, p. 123 Salary jC555 15b. Hd., p. 133 do. p. 138 £194 8s. lOd, paid him a^ pension for " speciil servicis" p. 140 Letter, Colonel Rowan to, with statement of grfuit of ]>ublic monny, 900/, tterling by order of Se- cretary of StiUe, to build churches, 1833, p. 159 list of com- Diissionors to rxpeiul Ibis sum, p. IGO letter, Colonel Rowan, grant for 1831, 5,'jO/. sterling, and distribution of the .same, p, 161 tiio commissioners to expend tlic grant on the cJKipels, p. 162 Lord Uoderich is rathor predisposed to tho opinion that by re- signing his scat in tlie legislative council he would best consult his l)ersonal comfort and the success of his designs for the spiritual good of the people, p. 228 — —the legislative council rebuke Lord y Rau. W.J. O'Grady. Rtv. Angus Maedonell. James King. McDomVi R'V. Angus. [Analysis of liis evidence.]— John Saw- yer icct^ived about £-10 for teaching cchool in Toronto, 268 witness d( tails the distribution of tiie public money granted for bnildin,:^ cluirclio?, 293 .... never petitioned the head of the Ex- ecutivecoiuplaining ofpeouiation by Bishop McDoneH, 296. . . . Bishop McDoioll received from £2000 to £3000 in England which lie I dgcd witli Maitland, Garden, and Auldjo, who failed ; ho has been compelled to pay the money, 300 .... the Bieliop haa a power to appropriate purt of tiic annual grant from the public money to scliools, 301 ... .it depends on tho opinion of tho gov- ernment whether it is jii«t to pay the teachers of some religious sects from the public fundtvvilhout tlie consent of theLegislaturo, while others remain unpaid, 302.... tho Ckrgy Reserves are a real jrricvance, 304 clergymen ought not to sit in the coun- cils, 305 .... the common schools in tlie Western District are not sufficiently numerous and efficiont, 30G. .. .thinks the District Schools arc in mo5t cases a nuisance ; would recommend the £400 to bo divided among four co:r.mon schools, 307.... the tythea exacted in Glengarry or Sanilwich arc the 2Gth bushel of grain only, 808. McDoncU, 'Donald, M. P. P., recommends Williainsbiirgh and Alexandrin, if two. or Alexandrin, ifone polling place were used ill Glengarrv, p. Oo ShcrifT Eastern District ; duties of th»l cfScc, p. 3yi3. iiii II "1u; land Iscd Ithai Index.] MAC 4« McDoruU, Domtld JEneas, M. P. P. proposes Cornwall, end in Osnnbruck for polling places in Stormont, p. 65. llacfarlam, James, formerly received £50 per an niim, as a retainer, from Casual Revenue, p. 184. McGUU Hon. Jo^h— amount, of pension paid him, £8,000, p. 123 ....appointed an Executive Councillor on tlie recommendation of Governor Gore, Castleieagh, p. 303. Machar, Rev. John — £1000 paid him for building presbytp- rian churches, p. 134 his letter in explanation of the expenditure of £945 of the money, p. 158. Machay, Thomas^ 31. P. P., his opinion as to the most cen- tral polling places for Russell, p. 63. Mackenzie, A. K. — His letter to Col. Rowan concerning thn intended expenditure of the government money for build- uig chapels for Canadian Wesleyans, p. 156. Mackenzie, W. L. — His motion for printing certain docu- ments XLix Bishop McDonell gets up a petition and inveighs in the most unbecoming manner against, in the church in Toronto township, O'Gradt/ 225 his letter to the Inspector General for vouchers to R. Mount's expen- diture of £7,558 on Emigration, p. 173 Extracts and selections from his official correspondence and papers rela- tive to his mission to England as Agent for 24,500 inhabi- tants of Upper Canada, page 188 to page 299 Certi- ficates and resolutions of public bodies and meetings ap- pointing him Agent to Loudon, p. 189 Indenture of the County of York with the Returning Officer, appointing him a Member of the House of Assembly, after his second expulsion, p. 190 Letter to, from Mr. O'Conncll, p. 190 Letters to — from Lord Howick, p. 191 from the same, p. 192 from Charles Douglass, Esq. Private Secretary to Lord Goderich, p. 193 from Lord How- ick, a note, p. 193 from Lord Howick, p. 194 from B. J. Balfour, Esq. p. 195 Notes from Lord Goderich relative to an interview, and a memorandum concerning the audience had of his lordship the day previous to the date of his despatch to Sir John Colborne of the 8th of November, 1832, p. 196. Selections from Mr. Mackenzie's official memorials to Lord Viscount Goderich, transmitted by him to Sir John Colborne, and sent down to the House of Assembly, with the despatch of the Sth of Nov. 1832, numbered A. to L f.i;^ 44 M A C I.VDEy. Muckemie, \V. L.— contlniunl. jja^o I'JGtopngo 21G lie is proscnteJ for libel by the mand jury ui' tbo Home District, in the matter of Capt. I'hillpotts and tin; Crown Lawyers, but the case is not tried, p, 204 Lord Goderich's Despatch, in answer to the oomidaints of the people, p. '217 Aspersions thrown upon, by the Les^islative Coiuicil, in t'leir address to Sir J. Collorne, p. 2J5, to 242 letter trom Lord Howick, p, 278 letter to Lord Goderich, ytii .lan'y IStW, p, -Z7[) letter to the same, 19th January, 1833, p. 28(3 letter from Lord Howick, p. 291 note from do. p. 293 certain representations made by Mr. Mackenzie against the Crown Lawyers, p. 291 Nolo from Mr. Earle, a|- pointiiig an interview witli Mr. Secretary Stanley, p. 299 Note from Lord Altliorp's Secretary witli tiianks for statements sent liis lordship on colonial aflfairs, p. 299 r the House of Assembly (1829) resolve that partiality imd been exhibited by the c;overnment in tiie prosecution of his press for alledgixl libel, p. 3G2 brought the Niagara Falls outrage under the consideration of His IMajesty's Govern- ment, p. IV*. McLean, Archibald, M. P. P., income, 1831, p. 116 return of his oAlces and emohinients, and of 1400 acres of public lands granted him, p. 254 his offices and duties, p. 33G. Macnab, David A. — Income, p. IIG. Macmicking, Gilbert, M, P. P. — (Analysis of his evidence.) Latterly strangers and half-pr • officers cliosen to fdl tlio Commission of the Peace in the District of Niagara, 432 the public lands ought to bo applied in litiuidation.of the War Loss claims; General Brown, of the U. S. Army, onco told witness that the Crown and Clergy Reserves would in a manner have repaid the Americans the expense of their invasion of Canada, 437 2500 acres in Lincoln were re- served in lieu of side lines between 1787&, 1789, 1500 acres of which granted by licence of occupation from the gov- ernment to the Church-wardens of the Church of England, altlio' a common, the property of tlio several towns, 442 would recommend a law for the abolition of militia trainings, 441> thiidis that a majorily of the Legislative Council are men who neither study the wishes of the peo- ple nor the interests of the country, 450 the more weul- lli} cla?i of ijiiii'.;rant3 '.jo to the United Slates and reside 11 l.iDKX.] MAI ilacinicliing, Gilbert^ M. P. P.— continued. 4S there, alletlgingthat thoy liko the inanageaient ofthatcoun- ti-y. 4G3. His evidence on the petition of W. Forsyth a gross ontrago was perpetrated in defiance of the laws it crea- ted very gnat excitement in the country, but no justice has buon obtained against the parties, p. 4*. McCrea, William, 31. P. P., recommends Chatham as the polling place for Kent, p. 66. MagistraUs. See Justices of the Peace. Maitland, Sir Pcregnne ; Doctor Strachan and Justice Po- well governed the Province, under his nominal administra tion, till they quarrelled among themselves, Macdonelf, p. 37 memorial addressed to him against depri\iiig Uio ('ourt of King's Boncli, in session, of a casting voice, by permitting the Chief Justice to leave the Province ; j^eti- tion, p. 102 his almost constant absence from the seat of government, his ignorance of the people of tho country and the system of espionage that prevailed in his govern- metit, complained of, ib. p. 103 warrant for his travel^ ling expenses, p. 182 his characteristic despatches shew the existence of that system of espionage to which many a worthy man fell a victim ; he dismissed Judge Willis from the bencii and promoted in his place the custom-house offi- cer at Kingston ; quarrelled with the House of Assembly and was promoted to Nova Scotia, Mackenzie, p. 206— — report of a committee of the Assembly on the military out- rage committed by his order on tho lands and property of Mr. VV. Forsyth of the Falls of Niagara, p. in* For- syth's petition, 1* Chief Justice Robinson's account of the proceedings in the affair at the Falls, p. 5* Capr. Phillpotts's statement of the authority he had from, p. 12* Sir P. Maitland's despatch of 29th March, 1828, to Mr. Huskisson, stating the matter of tho imprisonment of CoU. Cofiin and Givcns, the affair at tho Falls, and traducin the character of Mr. Foisyth and the select committee to whom the House of Assembly had referred his petition, p. 13» Major Hillior communicates his order to Colonel Givcns not to obey the summons of tho Committee of thu Assembly, appointed to enquire into Forsyth's complplnf, p. 18* Colonel Coffin states to his secretary, that hu had obeyed his commands to disobey tho Assembly's sum- mons, and that the Assembly had sent him to jail where he tlic'u was, and [»r«vi"gtlic advice of the erown officers, |», ■ 3 M ;?'■■'!! ■PI ■:, !l; I i ■ 1 i» !: n ' I'^M-i 46 MAR JWaiiland, Sir Ptrtgrint, — Continued. [(nbkx' 19* ■ Sir G. Murray, in a despatch to Sir J. Colborne, censures Sir P. Maitland for ejecting Forsyth by tlie aid of a military force from his property, and for the lack of dis- cretion in preventing the two Colonels from giving evidence before a Committee of the Assembly appointed to enquire into the merits of the case, p, 20* Lord Stanley calls QD him to explain his conduct his despatch in reply (24th June, 1833,) p. 21* ; he declares his previous igno' ranee of Sir George Murray^s animadversions, and acknow- ledges with thankfulness Lord Stanley's sense of justice in stibraitting to him Sir George's despatch previously to laying it before the House of Commons ; he states ibe case between him and Forsyth, p. 21*, and quotes a . case in point which he states to have occurred at Washing- ton, p. 22* ; encloses to Lord Stanley, explanations by < Messrs. Boulton and Hagerraan, p. 24*. Majority, The, Lord Goderich desirous to defer to the opi- nion of, rather than to that of the minority of the poopl« upon questions of local interest, p. 279. Malloch, Edward, M. P. P., his opinions as to tho most convenient places for holding county elections in Carleton, p. 66. Jiarkland, Hon. George H. (Analysts of his Evidence.) — Inadvertantly omitted the £550 to the Methodists in copy- ing from the Warrant Book, 481 ■ it would bo more a- greeable if the duties of the Inspector General's office were defined by Statute, 483 — the vouchers for the £2800 paid the Methodists are the warrants in the Receiver (ien- •ral's hands, 485 £284 15 5Jd.^ of a balance duo by Mr. Hagerman when Collector of Customs had been taken from the public accounts because he claims a larger sum not yet allowed by the Council, 486— —the Lieutenant Governor is to consult the Executive Council on land f rants, 488 Executive Councillors are made by the ;ing, 493 had read Mr. Elmsley's letter, 494 if the House of Assembly considered a public officer deserv- ing of impeachment, they might address the Governor, and if it were just lie cotild remove him from office, 505 ■ ■ this witness in many cases refused to state his opinion or afford the explanation sought by the committee. (See page 76 to page 80.) His iocorae, p. 115— —Letter to Col. Rowan explain- Index] MET ^j^ Markland, Hon. G. H, — conliaued. lug an omission of £530 to Methodists, p. 150— ^Letter to by W, L, Mackenzie, for vouchers to R. Mount's expen* cTiturc of £7,558, i>. 173 his return of offices, emolu- ments and land grants, p. 250 Letter to Col. Rowan, with circular to Collectors of Customs, p. 333. Marriage Bill. — A Bill to make valid certain marriages that had been contracted and to provide for the future solem- nization of matrimony, extending the right to marry to the ministers of the metliodists and other denominations. Sent up to the Legislative Council as passed by the House of Assembly, and rejected by the Council, 1824, p. 258 again passed by the Assembly and altered and changed hy Council so as to cause its rejection by the Assembly, 1826, p. 260 again passed by the Assembly and thrown out in Legislative Council, 1827, p. 262-- — again passed by tb» Assembly, and so altered and changed by the Council as t<» induce the Assembly to decline acting on it, 1828, p. 263 again passed by the Assembly and again rejected by the Legislative Council, 18J30, p. 266, ifatthctcs, Capt John — a victim to secret informers, p. 202. Methodist Sfinisters. — Several of them refuse to acoopt anjr part of the public money from government, xiv. Methodist Missions, exjjonses of, to bo defrayed from th» government bounty to their clergy, Stinton, p. 154. Methodists, Vide Report, xv. £2,800 paid them by gov^ ernment out of Canadian Revenue, p. 167. 1. Canadian Weslei/an Methodists. 2. British Wesleyan Methodists. 3. Primitive Methodists. 4. Methodist Episcopal Church in Canada. 1. Canadian Wesleyan Methodists, receive public money in 1833 and 1834, xv £666 paid John Willson for them, }.. 134 £388 paid do. for them, p. 140 2 letters from Colonel Rowan, 1833 and 1834, requiring an explana- tion as to the purposes to which they intended applying tlis province monies, p. 153 to 155 their resolutions in ro- ply, p. 155, also A. K. McKenzit-'s letter, p. 156. 48 M E iN [Index. l> '■, ',; ;iiis. 3 m\ 2. British Weshyan Methodists. FurRicrly Known as Me-, thodist Episcopal Clinrcli; receive public nioncy in 1833 and 1834, xv are rebuked by Sir John Colborno and ibeir loyalty soppected xvi a mulual good understand- ing established with the government since they received the public, money xvi Tiishop JMcDonell ordt^rs Rev. Mr. Crevier to Penetanguishcnc to rescue the Indians from the fangs of the Yankee Methodists, p. 33 Tiie £550 to ihem inadvertantly omitted, Marhland 481 an explana- tory letter about the £550, sent, Rowan p. 129 £1000 put to Messrs. Haslop and Marsden's credit for their use, p. 133 Mr. Markland's letter to Col. Rowan explaining omission of the £550 to them in the Blue Book for 1834, p. 150 Colonel Rowan's letters of 1833 and 1834, re- quiring to be informed as to the purpose they intended to apply the government grant, p. 154 answer by the Rev. Joseph Stinson, p. 154. 3. Primitive Methodists. — Receive no share of the public money, xir. 4. Methodist Episcopal Church in Canada. — Address to Sir John Colborne, Sept. 8, 1831, p. 150 his reply, accus- ing their- preachers of meddling in politics, complaining of their officious interference with the Indians, oflering their preachers the same protection as all Americans enjoy who had found an asylum in the Province, regretting the organ- ization of the Church of England, reminding them of their separatists, and that in after years the Province would be peopled with " millions of our own countrymen," doubting their experience and judgment as to Education, and men- tioning that " there are few individuals who think that mi- nisters of the Gospel can conduct political journals, and keep themselves unspotted from the world," p. l.')l the Methodists, in 1828, petition the House of Commons against Dr. Strachan's misrepresentations and in favour of equal religious rights — their memorial is presented by Mr Hume, p, 281. Menonists — Receive no part of the Public Money, xiv Lord Goderich expresses his anxiety that they should be admitted to participate in the advantages of the Elective Franchise, p. 224 a Bill passed by the House of As- sembly and rejected in the Legislative Council to relieve them from fines for not performing militia duty in time of p( ace, 1830, p. 267 a similar bill rrjeried by the Council, 1835, p, 274. Index. WON 49 Merritt, Wiilwrn Uwrnlinn, M. P. P. — Proposes Dunuvilla rind Slonoy Creek as the polling ph)crs for Haldimand, p. 67 his oflices, p. 118 and p. 122 1000 acres ol" public lands grantnd to, p. 255 his oiTicos and duties, p. 337. Midland Dhtriri. — List of iho Juslitrs of the Peace, p. jIo List of the ComiDissioners of tlie Courts of Requests, p. 323. AUlitary Chest. — Payments out of, at Montreal, p. 184. unitary Governors — Declared by the pelitionors from York County to be unsuitable for bearing rule in the civil govern- ment of this Colony, p. 103. Military Outrage. See Niagara Falls Outrage, Militia. — Complaints relative to appointments in, Wilson 105 militia, 1833 and '34, p. 107 ditto, 1830, p. 109. Militia Fines. — A Bill to relieve Quakers, Mcnonists and Tunkards fi oni the payment of, in time of peace, rejoctrd by the Legislative Council, 1830, p. 2C7 and again rejected, 1835, p. 274. Militia Trainings ; would recommend the passing of a law to abolish thcni altogether, 3Jacmieking 449. Missionaries of the Church of England — 85 per cent lution of ry by sea, ncquality J the d its va- e applied ' certain ,57 opinion, therwisc and inly ac- e estate appoint- ict very Canada s that a )r of an ; judges ppoint- to the — con- ic why to be ous of M id- is, 85. cd for otcick, ipres- r.O'- table ands IsuEx.] iN 1 A 51 Mount, iJwsjfi//— continued. ))y, p. 170 detailed statements of the cxpiMuliture of £7558 on Emigration by, page 172 lo p. 175. Murray, Sir Gr.orge, Extract Aoin a Despatrli to, !)y Sir J, Col- borne, dated ICth February, 1829, p. 277 a Despnfch from, to Sir John Colboine, coiuorning Sir V. Maillaud for lack of discretion in the aflair of Colonel Givons and Coffin, and for having had recourse to the military instead of the civil power in the case of Forsyth, p. 20*. Nellfs, Hon. Abraham — 2200 acros of public lantls granted to, p. 252. Neiffcastle District. — List of the Justices of the Peace, p. 310 List of the Commissioners of the Courts of Kc- qucsts, p. 324. Newspapers, Taxes on — an ancient and venerable abuse from which a Colonial Officer derives a great revenue, p. 203 — address of enquiry into the nmount of the, p. JJ.'iS. Niagara District. — Address of the inhabitants soiit to Lord Goderich, and laid before the King, p. 19'3 List of ihe Justices of the Peace, p. 306 List of the Commijsion- crs of the Courts of Requests, p. 329. Niagara Falls Outrage. — Report on W. Forsyth's Petition, ordered to be printed, xmx report, pages in'*, iv*, v* ti* Mr. Forsyth was in peaceable possession of an es- tate at Niagara Falls ; Sir P. Maidand issued ordrrs to dis- possess him of a part of it ; Capt. Phillpotts obeyed, en- tered Mr. F's premises with a party of soldiers, and in de- fiance of his remonstrances damaged his property on the 18th o( May, 1827 ; this outrage they soon after repeatrd by Sir. P. Maitland's authority, p, m* these outrage* were unknown to the Attorney General, who was soon after instructed to defend Phillpotts- Mr. F. was baffled in his attempts to obtain redress m the ordinary courts of law ; ho petitioned the assembly, who took the matter up ; Sir Peregrine Maitland ordered Colonels Givcns and Coffin, whom they had summoned, not to attend, so the Colonels went to jail ralher than testify ; the committee reported that Sheriff Leonard was present and countenanced tire •ulrajje^ that both the crown officer? were engaged in t^h# TB-m^ I ' 11 5S w r A [fNDIX. Hiifcncfl of ilio persons guilty of it, tfutt « (xirsoii, lontr ii» |.jises-;ii)ii of land, like tiio pMtitii>uei', nrii^lit bu ejected by i.iw ; but thivt military interfereiicu for n'.aiutaiuin}^ suppu- .Hod or conle.sted riglits* is justly rei^iirded with jt^alousy in all free countries the House of Commons en(|nii'e into the subject, p. iv* Sir, P. Mailland's despatch to Mr. lliiskisson relative to, contains a gross attack on the House of Assenil)ly, and personal slander ai^ainst Mr. Forsyth Sir Geori:je Murray coiulomns Sir Peregrine's conduct Mr. F. Iiarrassed by the government sells his property be- Ijw its value, p. v*— — the purchasers more fully prove liia title by enclosing the disputed part and obtaining a verdict • (f trespass it is reconmiended to the House to address tlie Lieutenant Governor, desirhig him lo bring F's case licfore the King's Government, in order that redress and vciuunoration may bo alTorded him, p. vi* Mr. F's. petition, March, l^iTy, p. 1* the govern- mont had not abandoned to Clark »& Street (the purchas- <'rs from Forsyth) the strip of land dis|Xited two ver- dicts had decided it to bo a public reserve; Clark & Street h id since obtained a verdict of trespass on it, which t!ie KiiJg's Bench had since set Uaido ; ami witness con- sidered C & S's. claim an unngiiteous one, Jameson \t. W* the outrage cieated much excitement, "tacmicking, p. 4* iho general feeling of the country -as opposed J, J tljc outrage by the n»iliiary, T/torbum, p. 4* Sir J. C.olbonic's Despatch to Lord Goderich, with documenU applied for by the House of Commons, p. 4* Letter, Ciii:?f Justice Robinson to Col. Rowan, 31. Dec. 18:12, de- I'jnding hi^ character liis statement of the Forsyth case. p. 5* Forsyth tried to exclude the public from the Falls; Tiie public v/ere annoyed, and complaint was made to Sir P. MaitlanJ, who directed Capt. Pliill potts the engineer officer to open the grounds to the people ; Jones who had originally surveyed tha premises was with Phillpotts ; For- syth bro'i::ht two actiojis ; tlie Chief Justice (then Attorney G.i.ieral) defended Phillpotts ; filed an information of in- trualon against F. ; in all the actions Mr. F. was the loser, Robinsott, pages 6* and 7* while his (F's.) action waii pending he petitioned (he Assembly, whose report appear::* oil the journals, Robinsoit, p 8* Capt. Phillpotts' state- Mjnl, .Tan. 9. 1833, p. 12* Sir P. Maitland's Despalcl* ixplaiiiing his proceedings, and the circumstances growing ou of the outrage, p. 13*— ——summonses from the com- mlltoe of the As-.omblv, with Colonels Givcns and Coflia's ■:m fSiDEX.] O FF 5i F's caso Niagara FalU Outrage — continuotl. answers; Major Hillier's letter to Colonel Givons rofusing ills Excellency's permission and Colonel Cofi'in'.s Ifiler to Major Hillier asking permission from the Executive to afi- pear before t\\e Assembly's committee, p. 18* and 19* minute of the Executive Council, and Despatch, Sir (i. Mur- ray to Sir J. Colbornc, 1828, p. 20* Despatch, Lord Stanley to Sir P. Maitland, and his reply in explanation, p. 21* note by Mr. Hagcrman and letter by Mr. Boulton, addressed to Sir P. Maitland, with further explanations, p. 24* address to Sir J. Colborne, stating, as the opinion of the Assembly, that Mr. Forsyth's case is an aggravated oi}e, deserving the early and favorable consideration of His Ma- jesty's government Sir 3* Colborne's answer, that ho would transmit the address to England but could not fa- vourably recommend it, p. 26* extract from the At- torney General's report on the, p. 26*. Norfolk County Separation Bill. — A bill to constitute Nor- folk into a separate District, passed by the Assembly and rejected by tlio Legislative Coimcil in each of the following years, viz:— in 1829, p. 264 in 1830, p. 26G in 1833, p. 272 and in 1835, p. 275. Norton,, Hiram, M. P. P., his opinion coniorning proper places to hold ilio poll in Grenville, p. 64 Lord Godei- ich's remarks on his return for Grenville, p. 230. O fVConnell, Daniel, M. P., Assists the Canadians in their ef- forts to obtain a redress of grievances, xxiv in favor of the establishment of elective institutions for Canada,xxxix. VConnetl, Morgan, Iff. P., letter from to W. L. Mackenzie, stating that his father would be happy to see him, as he takes an interest in tiro allairs of the Canadi-ans, p. 190. Officers, Colonial if it could be shown that they had been remiss in the performance of their duty, thoy would be dis- missed, Goderick, p. 208 Where their duties are not precisely directed by law, the Lieutenant Governor can only assume the nature and extent of them from tiic state- ments of the parties themselves, Colborne, p. 301. Officers, incomes 'ind salaries of. See Salaries and IHcomes of Public Officers. *V", 54 0(1 R [Indf.x. fm f \ Ii3lilll'!:i> tiiil OJicial Adveiilii'uig Dill. — A Bill to iceiilate the piim' of nil nfti- cial advertising, ami the tniin and prices of .Sheriff's Fiile No- tices, passed by the A'lsembly and rejerted in the Council, ■« i^<-k/-^ r\rtf\ T fi 1 •! * I i.i ..1. •••■. 1. 1832. p. -Lord Godeiich reminded that this bill, to di- minish law co^)l.■^, h;id |)9-;seu the Assembly, with but two • nays, and been rejectoii by the Legislative Council, p. 285. O^Grady, Verj Rev. W. J. (AnJysisof his Evidence.) — Thinks that the ministers of religion should be supported by their congregation", and lias observed that wherever clergymen are connected with the state their functions are carelessly dis- charged ; the catholics of Ireland and their clergy are opposed to a union with the ?tate, 124 the House of Assembly pos- secdes no effectual check on the Executive, 128 — reasons for the opinion that ji^.dges and clergymen ought not to sit in the Executive and Legislative Councils ; Sir John Colborne had intimated to the Archdeacon of York that his services in the two councils coulJ be dispensed whh, 130 considers the Canada Company p" injury to the colonists, 131 is in fa- vor of an Elective Legislative Council, 132. [Second Examination] Witness obtained his information relative to the bargain between the Government and the Cana- da Company from Sir J. Colborne, who was at a loss what to do for money to pay the churches unless it were obtained from the Company, 221 the grants to the Cetholic Clergy had not been applied to the purpose intended by government, 222 'The money passed through witness's hands as Viear Cle- neral; its misapplication was often complained of by clergy and laity ; Rev. Angus McDonell and Win. Eraser complained by petition; a commission was appointed by the Catholics of Toronto to enquire into the appropriation; the commissioi^crs reported that there had been gross peculation, and meniorializcil Sir J. Colborne, but to no purpose : witness had addressed the Colonial Office on the subject, 223 No uniform scale of allowance was made in paying the government bounty to the clergy; all depended on the Bishop's caprice, 224 proofs that the Catholic Bishop exercised apolitical influence over his clergy in conjunction with Sir J. Colborne, 223 it is no- torious that all offices of honour and emolument in every de- partment of the government are monopolized for the most part by some two or three private families and their adheicnts, 220. Sundry letters from Bishop McDonell to this witness, and several receipts, with a letter from the late Mr. Mudgo weregiv(;:i in evidence, in corrohoration of his testimony, for which see p acres 30, 31, 32, 33, 34, 35, 3G, 37, 38, 39, 40, 41, and 42. [Third Examinalion.]— Had been incumbent of Toron- to, since 1830 ; 392 John Sayer opened school inYork, 1833, received no public money, 393 Sir J. Colborne's letter to Bishop McDonell relative to Dr. O'Grady and the application of one-fourth of the public money granted to [Indfx, «H' of nil oft'i- rs f^alu No- lle Council, 3 bill, to (li- th but two 1, p. 285. e.)— Thinks ed by their igyrrien are relessly dis- are opposed sembly pos- -reasons for to sit in the )lborne had vices in 'he nsiders the — is in fa- nformafion the Cana- ss what to sined from Clergy had iment, 22\.» Vicar CJe- by clergy I'iplainod thoiios of nissJoMcrs lorializcd t'ssed the scale of ty to the — proofs ice over -it is no- very de- nijst part f'ts, 22G. witness, Mudgo timony, 37, 38, Toron- inYork, borno's and tlie ited to m iXDEX.] PAR 55 O' Grady, Very Rev. W. J. — continued. the Catholics for the support of schoolmasters, 394—— £1000 were sent by Cardinal Weld to Bishop McDonell for the purpose of prcM'ting a church or seminary at Guelph; the Disiiop apj}lied tho money to other purposes, 395—— Letter, Dishop McDonell to, January 16th, ISSO — Dr. O'Grady to exercise the conirol of a vicar general over Mr. Cordon and other clergymen ; purposes to which Car- dinal Weld's .€1000 had been applied ; Dr. McDonell in- tended to petition His Excrdlency on behalf of the Indians of Penetai!giii:;liene, p. 60 uimcss had heard Mr. Ba- by and Mr. Fraser exj)rcss llieir opinion as to (he correct- ness of the cliyi7::e of peculation brought against the Bi- shop, 390. \o\(i of the Iloisse of Ar-senibly on a nioiion . 56 p i: T [fNDEX. a PorneU, Sir Henri/, M. P. — report by him and others oil th<; niatiagoinonl of tlie public revenue of Great Britain, {1. 176-i ceased to be a member of (be government wlien be ceased to tiiink and act witli bis colleagues, p. 287. Parsonage Houses. — Sundry |)ayments from clergy reserve rents, towards building, p. 164. Patronage of the Crotcn, iii not to be exercised tipon narrow or exclusive maxims, Goderich p. 208 is not anxious that tlio influence of tbe crown in the House of Assembly should be considerable, Goderich p. 232. -JC2298 ex.. Patton, John, — Offices and income, p. 118- pended on emigration by, p. 170. Pension List — Pages 122 and 123. Pensions, xin — Are paid by warrant on the authority of the Colonial Office, Rowan, 35 are paid by orders of the fiOrds of the Treasury, Dunn 414 convert some of the Catholic Clergy into politicians. King 514 amomit paid to 8 pensioner;";, p. 122, 123 allowance to retired Missiouuries, p. 147 — Widows of C4iurch Clergy, p. 148, Pension List of the Uiiitcd States, xiv. Prrrif, Peter, M. P. P. — Moves in the Assembly that His Majesty be addresseUins, Captain John Matthews. Expulsion of W. L. Mc< ketizic. Mr. Justice Shcricood. Hugh C. Thomson. Political Unions, denounced by the Legislative Council as threatening the peace and liberties ol the people, and which they were apprehensive that Mr. Hume had rcconjmended, p. 241. Polling Places. — Inconvenient polling places selected in Mid- dlesex, Moore 85 — Demorestville and Hallowell suitable foi Prince Edwaid, IVilson S(i two polling places required for Huron County, Van Egntond 216 VVilliamsburgh and Alexandria central places for polling votes in Glcngarn , Chisholm 241 (.irimes.' Inn and Co'tinohani's Mills '.uit- ,^m I i.CiV .3!' iim:. \m ')i ■ ! 58 P OW [Inuux. Polling riafps — contiiuied. able for Dnrlmni, Brown 324 For Sloirnoiit, see Bruce, p. 02 and McDondf, p. 65 For 1st Ridins: of Lin- coln, sec Wooh'crtoii, p 62 For Middlesex see Parke, p. 62 Foi- Essex, see WiCkiiison, p. 62 and Caldwell, p. 62 — —For Carleion, sec Lewis, p. C2 and Malluch, p. 66 For Ksnt, sen Cornwall, p. 63 and McCrae, p. 65 For Norfuik, sec Wals/i, p. 68 For Russell, see ^]cKay p. 63 For Gronville, see Norton and Wells, p. 64 For V/ent\vortli, see Smith and Kymal, p. 64 For Frontenac, see S/iibley, p. 64 For Dun- das, see Shaver, p. 01 For GlengTrry, see McDonell, p. 65 For Diuliani, see Buiilton, p. 65 For 2d. Ri- din;^, Li'icolii, see Iti/kerf, p. 65 For Lanark, see Morris, p. 6ii Fov Simcoi^ se« Loiiiif, p. 66 F'or Halion, see Durand, p. 66 For old. Ridiiii^ of Lincoln, S(3e Thorbuni, p. 67 For li-jMIiuaiul, sue Mcri'ift, p. 67 For Hastings, see Yager, p. 67. Population. — Rate of increase oi", xxvi of fliiron Tract, supposed 2!)G0, Van Efjmond, 219 of [ialton County about 30,000, Durand 470 of Upper Canada, p. 106. Pofta'^:' on Lcth'rs, i'ljiiioiis to trade where it exceeds the maxim ini tliar^ed ia tb;; United States, Dunlop 175 en pury into ilie anioitnt of postage o:i letters, p. 333. Postmasters. — Nani.'S of some of tlie, p. 121 address for infonnatioa rc'lalivt; to the income of tlie postmasters of Canada, p. 33J answer, p. 340. Post Ojjice DcpartiiH td, vi the Governor slioold appoint thtj Postmaster Gt ! >ra', and the latter should get his ac- counts audited like t;io.y, p. 1 11. . . . S.ilaiies of oirioei!) in his dep;irtri»eiit, p. 111... .all public mo- ney id I' J ut his oHice on warrants, p. 131. . . .lie obtains vou- chers to satisfy Hoard of Audit in London, p. lol. Stjo also, Hon. J. IL Dunn and Birnanl Turquand. Rejrblration of Lands, Wills, Murlgages, Sfc. — Duties of Re- gisters often performed by deputy. . . .a reduction of their feen called for, as a means of lessening the burthen of conveying real estate xii. . . .Their incomes, pages 118 & Hi). Religion, XIV. .. .reasons why its ministers should be supported exclusively by their congregations, 0'6Va(/y 124. .. .all sects or none should be paid by the pul)lic, Dtinhp 178. . . .a coun- try without an established rclifi;ion is an inlidel country, Strackan 5.)7. ...itis not the wish of [lis Majesty's {:;orcrn- inent to shew an undue preference to the preachers of the es- tablished churches of the United Kingdom, Goderich, p. 228. Jl'Ugious Societies Lind Bill. — A bill to allow the several religi- ou.^ denominations to hold land for a chapel or bnrini place, &ic. passes the Assembly, 1825, and isrejected l)y the Legisla- livt! Council, p. 251). . . .passed by the Assemldy and amended by the Council so as to insure its rejection by the Asseuililv, i82t5, p. 2ti!) agai'.i rejected by tlie Council, 1827, p. 2(J1. 'o/, 50 to it' ill I Rtpoit on Gilcvancf3, i to xi.vin — Patrnnngc of the Crown )i[ ....Post Office Dopartiuent VI. .. .Incomes and Salaries of Olliccrs VII. . . .Pensions \in. . . .]'^ccl(>siaslical llijtablishment \iv. .. .Methodists xv... .Church of England xvi... .Pres- byterians and Catholics xv!i , . . .(Jllebes, ib.... Lands; Kind's College; Emigration Accounts xviii. .. .Audit of tho Public \ccounts XIX. .. .Returns of Accounts xx. . . .Case of F. CNd- liiis. Libel, ib Leeds IClcction xxi....Lord Gudeiich'.-* Despatch, 8ih Nov. 1882, x\ii. .. .Sundry matters of Com - plai'U XXV. . . .Tlie l.c;5isliitive t^onncil sxv. . . .Juytif.ts of the PoiUM' XXVI.... On obtaining a RespiMisilde (jovi'mnicnt xxvi . . . .The llxecutive Council xxix. .. .Dismissal at;d Ue-ap- pomtment of i^fessrs. IJouiion and IfaKcrman xxxi. . . .Sccuii- tios in ICnj;hnd ai^ainst aiii^'ocraiic oncroachniciUs xxxiii .... ArguniPuts in favor of T'dcrtive institutions xxxrv. . . .Ciiatac- icr and conduct of the Legislative ('ouncil xxxv . . . .\ peci;ni - ary induence exerted ovin tho Ju.liciary x.'ixviii \n )CIt>c- iive l/(>';is!ativc CouiU'i! lecotnniended xxxix , . . .'I'lu' niraiss (;f ili;-, (/olony deciared to havo suffciud from (lie interference (if ('iilonial Ministers in o(vr ilonjc.«lic cotH';'niH .\'x.\ix , . .Nc!.'loct in till' sidccliun of Covornors xr. ... N'ntc condcmirni^ t!ie F.x- ci'iilivi; \i,i , . . . Porni.inent CimI Li.^t IJ.U .xi.ii... \'ote in An s-';n')Iy on i mutidu to rctuiii Lord (iodcricirr. IU's|>;it.':h xi iv , . , . ' 'ondurt (if ihi'i'rown I r.vy-M -. en v n ton'-, o. ( ,i-ioiir, xiiv . . , \ r'?^iM'i;:-iL'Io ijiivv?'ru''V.Mil tu'iMiu.od xi," i , ,'['i;i' I icl^^•.•. 10 C2 R i: V [Inulx. I 1 Report on Grievances— conihmcd. nant Governor ought to art so as to possess tlio piiMic (;oi)(i- •IfMice xt-vii. .. .Copies of report recomitioiidod to bo nvnt lo Engliuid XLviii . ...Orders of tho House relativ* to 7th Re- port, with the votes xux. JRfpnrt on the management of lite pvhUe licvrnuc ofCrtnt Britain. - (Extracts from.) — All pul)lir, inonirs shoulil he p\id into the Trea- sury ... .all arc not so paid, p. 17(». .. .no portion of the pub- lic revenue should be issued from tlie Treasury witliout I'arlia- mentary sanction. . . .the expense of collection ought to appear and be placed under legislative control. .. .such a reguhuion adopted by France and foun'l benefiei,)!. ., .fees ought to bn abolished, p. 177 & note . . . .books should be kept according to the most simple form of the commercial systom of book-keep- ing. ...the peculiar excellency of book-keeping by double en- try, ]>. 178. . . .the double entry sy.stem adopted by the East India Company, in Franco and clBewhcre, with groat advantago ... .the French system of accounts alFords perfect security Hgaiiist default and dehi[)idatioii and savps tlio nation millions per annum p. 170. . . .tlie late Hoaril of Treasury slated the pro- priety of suljslituting a regular cash book, journal and ledger in the place of the numenms books now in use, p. loU. Ur presentation. State of ilir. See House of Assembh/. Jiequcsts, Commissioners «f Courts of. fio.c Courts cf Rcijucsls. Jlesnhition. — Resolution to suppress Lord Goderich's Desi;iitili, and the vote tlicreou, xliv. Retired Allowances, Sec Pensions. Revenue. — Receipt?; and riS-i)enMl!nre v.'^i'v imperrcetly arrnnnfeff for XIX. .. .returns unnecos«;inly withheld or di-layed :i\.... knows of no pi\rt of vhe judicial, ecclcsiystical, or civil e\- ])?ndilure. being defrayed from fluids not raised in Upper Ca- nada, Rohinson o'.^'i Revenue l>;d:uices, \S'-ii, p. (JO...- iritate of Receiver Genfu-al's chest, p. 1 10. . . . List of pultlic funds ov accfuinis of revenue kept i\y Receiver (Tfti^rai. p.ig'S 111, 11:^ & llo. . . .RfvetMie Uakinces per pnbhc accounts, 18:U, p. 1 13. . . .an cxplanafsry letter from Receiver (rcner;i! to Colonel Rowan res;)ecting revenue accounts, p. l;)l....it is !fis iMajesty's wi-di that tjie House of Assembly may have tlie most amnl: n:id det:iilod stafnm";its of t!;e receipts and (W- penditure of the whale provineiil revenue, from wlinlever so'irco derived, which they m-iy choose to call for, Goihrich . p. 2~7....the British Act rr'j-da^h'ig tlie trade brtwceii l!i - Cnn,-id.i". alivi'I--. au '^^-j r'^vn'^dy foi di'A'uh.ief in Ok. m riy •■t apportioiiiiv; the rrvemie r nr-cd at tluchrr. ^lur'.rirJe, \>. '.^riD. Hee also Ijo'i. ./"-:''.■?? ^f. Dm:. Ifn-n-ynl Ti.'rq;mu!. Il'-piif »n the ;nan':i;^''in'ni 'f Ihc puhlir Jl vnim -f (Jr'^at Jiritain. rvi»Ex.] Recnwe—'Conunuoi]. IX 1 () 63 1. Casual (im! IVrrUoriul Revenvf. Pnyments very imper- fectly accounted lor xix....See No. 10, p, 110. . . . biilance in funds D. & K., p. li-'i Pfiyineuts to the clergy in 18;J2, o, 4, £40,141, p. 1:if> Exponditure of, on Emigration, p. Mi top. 175.... the gross receipts ol" revenue, whether arising from taxes or crown property in tlie United Kingdom ahouiU bo paid into the treasury and appropriated by Parhament, re- yurl of Cominis'iuners on Biitish rcvcnup, lt>lJl, p. 17fi.... rorni of Warrant used in drawing moiiieg from, p. 18,'i.... The House of Assembly resolved tliat the annual nppropriationof £10,825, from land sales was misajjijliod. Tlie abuse was con- tinued, p. 20l. . . .the most full details to be laid before the As- sembly, p. 227 Sir P. Maitlaud reminds ?.Ir. Iluskisson that the Assembly had not uniVequently called upon him for an account of the receipt and appropriation of the casual and ter- ritorial revenue, and that his instructions were not to comply with such a request until he had ascertained the purpose for which the information was desired, and had referred to the Se- cretary of State on the sui)ject. but that if they could summon the Receiver general or rns))ectorgeiieral,or any of their clerks, on pain of imprisonment, tiie government had no longer any discretion, p. 10*. 2. Ordinal }f or Provincial Revenue, (so called.) — See No. 10, p. 110. .. .Balance in fund J3. j). 113 and Debentured, p. 111. o. Clergy Reserve Fund — Ijalance, p. 11.3. 4. Post OJlke Revenue. — Deputy Postmaster General would give tlie House of Assembly no information relative to, Macktn tic, p. 203. ...Address for iuforn.ation relative to the receipia and expenditure, p. i>3t3, .. .Answer, with a copy of a letter from Mr. Stayner, making sundry excuses for not being nl)le to furnish it on an early day, p. 340. r,. District Funds— £IS,41\ in 1H33; £18,n7l in 1834; ex- pended under the direction of the Jufcticesof the Peace, p. 187. Rice, Right Hon. Spring, M. P., his denpalch of 5th August, 18.34, referred to; no monies to be paid to church of England clergy in U. C. from England, after 1st April,I834, p. 107. Richardson Chark?., M. P. P.. Clerk of the Peace, Niagara Dis- trict; duties to be performed, p. 3.37. Richeif, JVcllcsley, his expenditure and salary as an emif^rant b- gent, p. 170, ...do. p. 172 imperfect mode of accountiuji by, p. 172. Ridout, Samuel, his income as Rpa;i9ter, FT. D. £500; holds ji sinecure besides, xii. ...£1555 ailowed him iti lieu of his si- necure, p. 184. Riots. — See Lrrds Contested FJcrtions. FarmeygvlUe Rioters. p^ a KOB L\x)ct Jimtdn iind Hriifinit. — .jKI'.*,OUl) iieiirly ul llio luoiiiea vntod in l^llo lo iMipiove tlie Itoads, ami eiitriMtcil to Coinmissioiicis, remain Miiaccouiitctl Cor, xix- -tlie loiuls Hre IjsmI in (ilciujar ry, Chi.iholm 2I.{S IJill to p;r;mt piihlic iiKinoy t(» improve liio roatl'«, passed in A-'SondjIy and icjrctrd in the liej^islative Council, li-^iJI, p. Sfi.'j a similar bill pass{?d llie Asstinldy and was thrown out by tlio Lof,'islalivp Council, IHJiS, p. ii7() a similar bill was again rrjcctod by lh« Logi^lalive C'onn- lil, 1835. i>. i;75. li'ibinsott, lion. Chief Justice. — Ilis frpafinpiif of the late iMr. Francis Collins, xx- -liis mcomo, XI, and p. iin- -iiiexpf diency of blendinsj; political and judicial duties in his person, xxxviii an undue innuoncc exercised over the jndieiaiy, xxwni liis secrut detamation of the characters of the ine/nbcrs of a select committee of tlio House of Afseiiildy, Mackenzie, p. iiO.l his exaltation to the I'residency of tlu- Kxccutive Council, p. 2i)G -he is appointed Chief Justice, p. 1)07 return of his cftices, and the grants of pi 'lie lands ina( le to him, p. ^oO -resolutions of the Assen. v, setti nt> lorth liis conduct when Attorney G'eneral in the piosecutiou against Francis Collins for an alleged libel upon Sir I*. Mail- land, pp. ?jC)'.\ and 8GI. liobimon, ffilliam B., M. P. P. — Votes to tond back Lord (lodcrich's Despatch, xt-iv moves to rescind the resoliilion of the Assembly for printing '2(X)0 copies of Report on (irievau- ces, XLix 1000 acres of public lands granted to, p. 2.'*i. llohivsov. Hon. Pilir. (Analysis of his Evidence.) — Accounts half-yearly to the Inspector Ceneral for (-'rown Lands sold, and annually forsalea of Crown Timber. !',CA')~. — occasionally the laborers under l\1r. Mount were paid for Sunday work, .')(i8 witness declines answering a number of (piestions, .072, &.(•■ Members of the House of Assembly and others niayalford iuforuiatioB to tlie Lieutenant Governors respecting persons (it to be made magistrates, .'")77 thinks the system of govern- ment has not tended to discourage wealthy and enterprising emigrants, CtSl is opposed to the mode of voting by ballot, r^Si: a man may act fjuife independently and retain his scat as an l^xeen've Councillor, .'^•('I (See also ilon.,I(.lin Ehnsley's Letter, p. 91; the Fxecniive Council have been in the ha- bit of Ji>te years of auditing all the accnuiits of expenditure witliin the Province, except ilie monies appropriated bv tlie Legislature for roads or other purposes, .502 thinks tlie es- tablishment of a gen^l;d Board of Audit would be advanta^^e ons, r.at^ knows of no other part of the judicial, erdesiasti- . al or civil establishments of L'ppcr Canada being defrayed from funds other than those raised from the Province itself, exceiit the uitercst of the proceeds of Clergy Reserve .«^ales remitted to England and placed in the funds, 605 re/nses to renlv to certain fjuestions, from the convicticui that the cf,iirid,,.ntiar si- tuation he ludds Mould make if imj)roper for him to express lus opuiiou in any oilier place than wlicre his duty ref]'.Mres.5Ii(). .[Ivorc ROW 65 lnt;igr psinsti- |1 from :^xcpiit Iniiltcd Ipiv to la!' 8i- qircss /{obimon, Hon. P. - contiitut-d. Palnry j). HI ami ix rayineiita to, mice July. 1S27, £1-J,5H7. p. 127 impt^irfct imxle ut aiToiiiiiiii|i (or \mU\\c. nioiiK's L-xpciided in his ili}partiuf;iit, p. 172 . . . .dillo, p. 171 iV 175 return of bis iiieoine, oiilices and land grains, p. '->*:»(» Ilnf''>Hrk, J. A. If. P — Af!rAist<» tlip ai^pnt of tlio petitiouers froiu U. C for tlio reiiross of {jrievjucos, xxiv. Jiomnn Catholic TliKhop n/Qwhcc — Rporivrd asabry oriHtision «)f £1000 from Miigland in 163^, p. I 11. Xmhtn Cnthnllcn. — C4,1110 pnid hv govprnmenf to the Cathcdic Bishop oil ac'coiiiitof his Ciiiirch and (."lergy, witliin the last 2 years: the (h'tails of the expenditure dift'iruU to be obtained xvii (jihibes jjivcii to Uoinan Catholic Chnreh, xviii ("^lerjiy tt I.aity ill Trelnnd opposedtotheir union with the state, 0'f»w2. ... Warrants for their sahuies are ;\\\ pnid in one sum to the Bishop, Dunn, p. 1,'Jl . . . .monies paid in IH'W to trustees to be expended on fJomaii Catholic churches, p. \VS7 . ...£1111 and j£r)l2 paid to the priesthood and for chapels, p. 1^9. . . .government bounty to build and repiir chapels .ind churches of, p. 149. ...Letter of Colonel Rowan intimating grant to their churches, p. 150, commissioners to expend the oioney, p. Kit). ...a similar grant and scale of division and table of commissioners, pages 101 &r. JH2. . . .details of grants to, from colonial revenue, p. Kii) Dill to incorporate the hishop and clergy and enable them to hold lands, rejected in the Assembly, lt'o2, p. 27t(. lioman Calnolk Schooh. — Four schnolmasfer": brought into (Jleiigany by IJishop iMcDonell, C/n'.«/io/j/i 2-1(1. ., .There was n school house erected at St. Raphaels, Chisholm 203. . . .John Saver had taught in York and received .£20, Anrrtis ]\Ic.Dn- «(// 288. ... there are some schools maintained from govern- ment bonnly, ih. 301.... John Saver did not get £20 for teaching m York, WGradij .'{03. . . .Ciovernmcnt granted £250 a year for Catholic schools, lydrndy .304. .. .Bishop McDo- iiell atithorised to apply onc-fourtli of tlie annual appropriation by government to support Catliolic schools, Colborne, p. 50. Howctn. Lii't/I. Col. ff'm. (Analysis of his Evidence. — Mr. Van - koughaet appointed a Cnstoiii House Officer in Oct. 1832. 8 ....(Cannot produce any returns without permission of the Executive (rovernmeiit. !•.... The Lieutenant Governor, alone, appoints Collectors of Cuslcnns and Excise oiticers, 11.... Mr. Slieritl" Jarvis's salary is discontinued, IG . . . .Witness does not take an oith of olflce, 21, . . .Ills duties are regulated by the oi.leis of the Lieutenant (Jovernor, 2o. . . . Despatches tVoiu . Tli'f liioiitriiarit Ooveinor submits tu ihc I) xpcntivo ( odiu'il only yiicli parts ol liis coircspon^lencji No \ ioiisioM or Willi the t'oloiiiil OIKico as lie liiinks lit, ;](>. iiHowaiicc is paid liy wairani wifliout tlif i.iillioiily of llic iSt rrctary ol" Hiatc for llic Colotiics, '6')....Tfi(' Jilne Hook is »w iir.i'Ic np in tli« JSnnTt.iiy iV l{i'iL;i>-trar'a oflice, wlio is ro- il ( r-ponsil)l(! lor its c orrtMlni'ss, •l.{. , V\iMic--s's salary and tiino- knnenls, 11. . . . J'.xphiiiation of crrois in IMuc liook lor ItiGU, •l.'i to '1.2. L'.'tlors fi) \\. L. Markonzic and to lion. I). Caninron rela- tive to llic lUiio liofdx, p. Ui.3. .•• . Ii(>ttrr to \\. L. Mackenzie ripcclnig pnljli c accounts, p. IIK) Letter to W.ii. JMacUcn- 'AC concerning the payments to Mctliodists and to clergy of va- rious cliurclies, p. 1^,'!>. ... Letter to J\lr. licceiver G'ciieral respecting clergy monies and casual revenue, p. loO. . , . Mr. 1) unn s re|)lv I'b'' P I'M Letters, lt*33 and 1831, to Methodist (/onl'erences, tonccmiug government bounty, pages 1.'33, 154, 15."). ... Letter, 1550 for a like use, 1834, p. IGl ....Letter to 11. J. Boulton, Esq. inclosing copy of J>ord CJoderich's despatch ordering him to be removed from office, p. 29.3, , . . Leier to the same stating tlie cause of Messrs. lioulton aiul Hagerjiuin's removal, p. Si-G. lioive, Gcora;p, — Tlis letter to IMr. Thorburn communirnting tha opinion of a (/ommittee of the I'leeholders relative to a fit poll- ing place lor Lincohi, p, 07. I7:ts.'^r?l, Lord Jolni, M. P. — Report, as a Commissioner to en- quire concerning the management of the Kevenue, p. 17ti. liiiiiun, Shcrijf. — Income as Flieiiff of the Newcastle District, XI. P'/J^pif, (ieorgr, M. P. P. — Recommends St. Catharinrsas n fit [ilace to hold elections for tlic 2iid Hiding of Lincoln, p. 65. Ih/mal, Jacob, 1\T. P. P. — ITis opinion relative to the best pplling places lor Wentworth, p. HI. SI Lntvreuce Cannls. — Incomes of some of the officers einplov *?d on. p. 1-32. I.NDKX.J s II i: (.7 to en- |7ti. listrict, ^s n (it 65. JQlling Iploy SdlnrifH and Incomes ,>/ I'ulilic O/jlfurs, vii....riu'y arid Solicitor {•'■MH-ral, sii . . . .of tlin Ailjiil.iiil (Ji-pcr :\I ol iMiii- tia, VIM. ...Saluics, liius, ami ctiinliiiitiMit i paid iVoiiitliu rtrviv Jiiie raised in this Provinro, paizi' 111 to pmo \'^'i. . . .saiarifM ol iWriccrs of Kiiiij's ^ l,pp(!r C'.nada Colli "irvs, p. |S,"). .rctu ii tu the House uC Coiiiiuuiis ul'tlic iiicoiiu'4 uf, p. 21d tu p. 2~j7. Schools, Common. — Sec Common SchuoU. Scntlwd, Church o/,— £1000 paid V.r. Micliar for l»uildiii,)^ <,'liiircl)(!s, p. ]:]\. ...list of ministers of, with tlicir offn iai iii- ronips, (jCl-i().'>) p. l:r. CI2IS and Jl^y.) |)aid to Ministry ol, p. lMO....r!st of its ministers and llnir orficial iHiisioiis or gratuities, from .January l^^'H to .January. l^^Ti, p. 14'<. . .two Intti'rs from Colonel Kowan in(')rmin,' (In' Synod of ;;ran;s made l>y order of tlie St'crciary of State from luiljlic revoiiMO to build ch 11 relics and ch'pels, p. I.">7 . , . . Letter m" :\lr. iMacliar tlieir moderator, with a brief statement of the expenditure of JU015, p. l.">"^ ...llis iMajesty's (jovemnient do nr.t wish that an undue prel'ereneo should l/o shewn lo tlie preachers of thii Church, Goikiich, p. ii'28. See also Presbijkrians. Scntl, Chip./ Justice, — appoiutuJ an Executive Cuuiieilior by the Prince Regent, p. 'M'.i. Scfpilprs from Scotch Kirk. — Their ministers i)ensioucd liy the Crown, XIV. Sicrctarij and Iicfriatrar. — Income of. an ^ of iiis de>mty, [>. ll."> — fees he is authorised to take, p. leH, S.ihif, JLtn. Pii,l:riuv. — Appoiiucd a memijcr of liic Kxectitivc Council, p. t{0;i. Sh'iver, Pilnr, M. P. P. — !Iis opinion as to llie places tlie m;)nt fit to hold liie poll at for JJundas, p. (i 1. H'v'nD'n nf Dislri''ls. — A rev's on of thn lariiT by waiidi t!i(.'ir T'^s are rey Ilia ti'd is reeotirn'nided, xi, "ii — an iiKp ry why liic? Skoniiri of the Nift'ifarrt, West.ovn and JViilrnrsl District'' had been allowed to eliarij;'^^ illeorTi t'-'es o-i land siJns, .'f<>!va>i .'">() their returns of inenni'^, pp. iU) &117 Ij ii lo r'nfiiKite tho price and form of tlieir o!i' -ill advertiseinunld, lost in the Lcgij- lalivo Council, 111 13:j'i, p. •J.'iO. k^'i':rw:n^d, Mr. Jasi'r'r, (Tf-'ciii;: f*.,'r,s-). — Itin cotMliH't coiiiMlained of by t.hcpjo;)l'i of the eouMtv of ^'o^k, liy p:'t;t,io!i, sintimx tin', in llio aliociice of thn otinr jul^e-', ho liair r-n to '!■< ; and Ilia! he b id \ n -itf il ii;.'3 oiRje a' that li.ir: by lua-, iiy I ','(!■ '' '.'a;'. i'!i wi'iiuui Usvful tv ()8 SMI [(NL'liX. IfMvo, p. 101 Wh Income as a jiulijo of tlio Court of King'H U(;iioh, .C1,(HU), p. 110 — Ilia letter mlative to tlio extent of pii- iiinliiiiciit he tliinkH due to political oHenccs, t'spociiilly in tli? ciiscj of Friincis (/nilins, p. .T)!) liesoliiiion of the Iloiiso of Assembly, tliut his clmrfro to tlm jury in Collins' lil)i^l en sc «' was it II UMwiirrnnliible ile vial ion from tiio matter of rccoij, and' ii forced ooiia! ruction of iany[u;ifje, contrary to tlio enda of (iiir and dispasHJonate jn.stice," p. ;j(>r> IteaoiutiouH of llio Ilotisu (hat by the lani^uaifo of his letter to Sir Jolni ( 'oibor/ie in favor of 8iii;li a punishment to an editor for a newspaper lib(;l as woidd in all luimiMi probability prevent a recurrencu of the ollonce, and alHrmin^r tiiiit any tiling contrary to this would bo nu<;atory, it too plainly appti-ara thai the puiiisliment iullicted on I'\ ("ollirs was not conliiicd to the verdict tendered by the jury, p. UiJT, but that it wassiKimefiilly dispropartioned to liia (Collins') oHenco Kubversivo of tiie freedorn of ti ,i press, nndor pretence of cor roctinjj its excesses, and destructive of the liberty of the subject, under pretence of pnnisliinij an olFeiKler," [yeas JJO, nays Ml p. :>r)8, and that the exorbitant and oppressive bail required Iroin him, [Collins] leaves him no other ultern;itive th;\n perpetual iniprisonnient or the abandonment of the [)ress by winch he main- fains hiin.-^elf, willi a wile and an infant family, [yeas Si), nays 4| p. MlJS The House nI.-.o rrsolved that his (.fu') he appe'irs before a eommilt<;e ol" the Assendjly, and declines oironnjj any explanation of his conduct in Collins' case, p. il/l. S'.iihhii, Ja-ith, M. p. P., recommend.; three polling places l'o\: rrontcuae, p. G-l. SinV'ir, Litiif'i!au.t (iDirriinr. — l''ntriiste(] wilhtlie duty of pnflin'r 111 operation ihe (^liarterof ('anadian liberty, xiiVi !iid me- inorable d^claratlOll xlvii. .Si.rc.'.iv'?. — J-"*, llidont's siiicri;r.', xii 'v V. IliirdV. iV.i'ii l-^J') fol8;r]. p. i),{ The |'resid.'ti,y (if ilie Uiardof I'Miu-aiuvi, (a Hinecnr(>) stinnrcssi-d on nn nildressof the .\sseiiibiy, Slnirlunit r»!U) .•-' 1,770 naid Mr. Ilecci«cr (Lneral Dunn on a binccmv, p. 101). S,)i:)il, Charlrs ('. — his income as Clerk of the Crowi', p. ll!>. iS*, (.■■'(, Ci/i,r,' -t)r. !.;'r,ir!i:i'i n'ld .!n:!i;' I', ivell rjoveini-d f'lo jni>viiici- undo; In- nenuna! lul ii n-lr.t.oi', Mac Iniu", p. ."17. Index.] 5 T R (5<9 Smith, /{urinanun. M. P. P., his opinion concerning polling pla-ioi lor Wcntwortli, p. Gl. .Vmi/t, Si/- 7>u/(MVt//iam, anioinil of pension paid liiiu; ho is a resident Enghtili barunut, p. V^i. Speaker (if the L-misIative Council — Oujrht not to bo tlio chief en- iniimi jndjfo, xi income d.aproporLioncd to tlio duliof, xi. Sfnntnn, fioherl, ]y,w\ oxtravagant pricrs fof wuiK.an.! C'lOD lonri fid lo Itim, witlioiU iiitcresi, t(» ciiultlo liiin to coiriiiictL- .. ''elialt"()f tin' (,'aiiada petitioners, p. 'J!)!) Despaicii io ^jir l". Maitland, .liine '2^>, lt^:];J, eallini; on him to explain his e^iinliu t, with respect to the papers moved ("or in tlie House ol ("oniiiio;.* rehitive to '.he Niaj^ani Fall-s' oLitra;j,(:>', p. '^1 *. . . . .~:u' i'Lic- griiio's answer, p. 21*. Stalut(H, Prny'im-.iaL — A T?ill te provide t'or their hi in.c; anniini'v printed in a e!•. ntillilied by the Lejjislative Coiineii, p. ?.7o. Stnjjjicr, TIiomci.9 AUrn — Proportion of bis income from Upper Canada, estinuiled, p. JxJl. . . .address for information as to Ijis proceedin^is ;:iid income as Deputy I'ostntasrer (jeneral, |). ;W9 ..letter iVcin him, stating reasons why the information must be del aycd, p MO. Slinr,nn, /lev. Jtscph,'-£(*\l "s. 2.ld. paid him "in aid of lh« election of Worfb'yan IMetliedist Chapels," pi. I'JO... letter to (Colonel Itowan, 7ih.nily, ]f:^;M, itifoiini.'ijz him of the purposes to which it was inlenih,d that the provincial money should bo applied, p. liil. Stra:hun, Avhilfacon. (Analysis of his Evidence.)— Is President of Kind's Cidlege, Archdeacon of Vork, and senior mcmberuf thn E.xccuiivo Couiuiil, .'"il.l. .. .then; are oliout V'l'M children 111 oronlo, :> 16. • the statement in IMr. Khnslfv's letter oi resigning his seat in the E^ieeulive Council was not correct, 52t5. .. .witjicss explains resperiiiii; .^()t)/. paid liitn nr\t of thi^ Canada Ceni|)any'.s funds, n;! ! . . . . undersiood that the Ho«r(( oi Education, Irom which he il' rived a salhry, was !uppvcsi»<»d U ^0 S T R [Index ^Irachan, .4/ tAf/t^icoH— (analysis of his evidence j — cont'd. on an addicsa of the lloiiso of Assembly, HoG... does not know wliy the statutes were given out ut a fur higlier price to Mr. Stanton after being well and cheaply done, in 1825, by contract, 5.'{7. . . .there aro not too many dependant persons in tlio Legislative Council, b',^9. ...has no recollection of an un- favourable report by the Conned in the case of Mr. Apploton, 511 . ...tlie Iicgishitive Council had always ai)|)earcd to him to have tnado the good of the Puvince much more its study than ihe House of Assembly, 543. ...does not believe that the go- vernment is irresponsible ; it is quite as responsil)Ie as any other gwvcrumcnt, 515 . . .is not aware of any court for the trial of public officers wlio had nef;lectcd their duty, but thinks the Legislative Council would be a proi)er tribunal to try impeach- ments, 518. . . .Governors fit persons to select Justices of the Peace for they have the best sources of information & arc quite independent, 5.'50....the improvements the resident settlers have made is an incidental advantage which gives them no par- ticular claim, 552. ..." the members of tlie House of Assem- bly have been the chief office-holders and Vag chief otnce ex- pectants for the last thirty years, 555. . . .nobody would ask for the vote by ballot but from gross ignorance ; it is the most cor- Tupt way of using the franchise, 55(J... theie should be in ♦•very Christian country an established religion, otherwise it is not a clirlstir'.n but an infidel country, 557 ...is thankful thai the government of Ujjper (^iiiada dees not confine itself to maintaining one form of the christian religion, but selects four particular denominations, to whom it appears to have paid a- bout 35,000/. within the last two years, 559. .. .considers the <.'lergy Corporation legal, ,500.... the Executive Government docs every thing to encourage emigration, but tlie slanderous newspapers make people at a distance believe tlicre are difficul- ties, 503. . . .for explanations of the sources of his income, see SOI, 505. [This witness declined to answer a number of ques- tions.] , . . .To ascertain his various sources of income x . . . . iiM'eives the proceeds of a sinecure xxxviii... governs the Province, wilh Justice Powell, during Colonel Smith, Mr. Gore anci Sir P. .Haitiaiid's administration, till tliey (luaiielled •nnong themselves, Mucdonmil, y. 37. ...an enliy in a return to the House of Connuons, of 540/, and 324/., to, explained, Turqu'ind 421 ... I'avmeiit to, in lieu of delapidations on liv- ing, 225/. p. lOi). ...his Income, p. 115 and note, and details, and land grants, p. 123 t ) |i !ri5 Salary as Archdeacon, p. Vi)i presides at an audit of incorrect accounts of Roswell Mount, p. 174 The A . mbly address Hi.s Excellency for ropy of any connnunicatioi. from His Majesly's Government lutiiorizing JC7I2 H»s. 2d. to be paid hiin, as the expenses of 1 journey to England, p. 18(5. . ..his character and situations, • iacke.ntie, pages 210 \' 211... .Lord (JodLrioh is rather pre- .lisposed to the opinion thai by rrHigiiing his scat in tho Lcgis- litive Council he would best ccmsult his personal coinfori and >i* s success of hi^ dcsigna for the spiriind good of the p«oplc, Indbx.] T U O Strmhan, Archdeacon — continued. n p. 223. .. .the Council rcbiiko His LouLliip lur thin UDCrillprl for jiitcrierence, p. 240 . . . his olilicca, cmoluiiiciiis anJ laud grants, p. 218. . . .8000 MctliodistH and Dissentera jietiMon pai- liainciil again il hia tnisrcpiesciitJilions, Mackenzie, p. 281. C^ A copy of tho Cli;u-ter of King's Collcgo obtained liy Dr. Straclian is placed at the end of this volume for reference, together with a Bill to amend it, wiiich the Assenjbly passed, and the Council rejected, year 1635. Stuart, Archdeacon, Kingston. — Amount «f Itis income fiom (r;n public revenue, xvi . . . his salariet" as Archdeacon iuid minislei p. r.i-2. tSupplies. — Mr. (now Lord) Stanley considers tlie refusal of Sun plies a constitutional remedy, when the Governor and Conned have lost the public confidence, iv. Suno^ate Court. — Incomes of the judj^es and registrars of, \). Jig top. 121. Suri'f'i/or flvucrnVa 0/7?<;/". — Incomes of Chrlvs;>.nd Officers, p. 111....f(M!s aulhorisiMJ tube lalum at. j). 188. Ssee also, &'. P. llurd. JJon. I'- Itohituvn. fnlliam Chcwctt T. Talliot, Tlioinas. — liiui.l ■! .'^iven iiim to settle, oOi*, 120 acics, pa^c 108.... an accouiif ot his pension, p. lii[i. T(t,ves.—'V\u' Magistrates of ilio Easfcru Di.strici riduso to a,- counl for tlie proccedi of tii.\es tliey had expended, v. Ttrntoriitl Revenue. See Revenue. Thompson, Charles Pouhlt, M. P. — Report of, as a Commis- sioner to eiujuirfl into the luauagement of tlie llevcuue, p 17G. Tai/hr, Josids. M. /'. P.— Postmaster at Perth, duties to h" performed, p. i3Ji7. Thomson, Hugh C., — Votes in favour of scndiiirr Lord (ioderieh'a Deepalcli in answer to the coni|)l!iinte of tlic peuplo back agam, XLiv the House of Assijinbly rrsolvo that ulnlo proct ciifioiid had I)i;on inbliliited airaiUMt hini nnd other eiutorri tiit.-n opptKS'n'' the uijurK)'i5 pohey of the Idte admuu.stralK)n, other pn]t,^ry yni] nnd patiotUGfd liy iIm! ij;i)vcrnm«nt, IihJ bjtni allowc'l to libe! if (the AeycmWy) with unpuniiy, p, li6 j. m m Iii!|l m mm 7J T ua [Inu KX. Thorhiinh Doi'iJ, M. P. P. — His lettor to the (iriovance Commit- tee conccrniriff apoliing pldco for third riiliiiL'i Lineuli), p. 07 his evidence on i\Ir. For-ylii'n pt.'titioii, p. 4.* Ti'iroop, (lovernor. — Mi:; exseileut remai-ka to tiie Lpgisltituro of Kvvj Yoik, p. 20-2. Thnhsr Tra pur cfMl,,, or thorcaboiitF, on tho value of fach rafi, mid that miniatcrs had declined to remove the impost, M-x- kenzie, p. 2d4. Toronto Ei'iicopal Church. — £1000 ailowod Dr. Sfrncfian out o' the funds of th.e Colony tovvurds building it, on condition that permanent accommodation wouLl bo provi'lod in it for the troopn, p. 1G4. Totims^ Memhcrs' Wallas Bill. — Tins Bill, to allow monihors of Assembly fur 'J'owiif; and C'ities tlio eaino waires as are paid to members for CDuaiies or Riding.s, was pnsscd by thn At'scnihi-vr and roj 'cted bv liio L-^irislative Conr.cil, in each of the follo.vinji' Sess:oiip, \\v':~iu 18:.':",, p. -jriO in 18:20, p. 20U in iS-ll, p. 2G1 and in 13:29, p. 204. Trii/.ijs' RepresrnlntiDit. — Lord Goderic!i favourable to tlio pnyn.ent of wage.i to 0, p. 221}. Tri7{i'^ ofijr (::inadas. — lv"iT's;-i<.s o;i, aL!>Jro.-sed to Lord Gederioli by IV. //. Mi-tcu'jir-ic, p. 211. Tupl'arih. — Mf^in'ain th'iir prem-iicrs and reli/fions teaehrrp wrh- out acc'jjtriir ary pfi'siou or bounty trom tlic govcr'inient, xiv Led Godeneii v/onid bo .'^appy to inlrodiice a l].li to rxtiiid to thoni tli'-^ elective francliise, p. 2,'.l a Bill p.ussrd the .As- pombly and Vv'as thrown out by the Li^iriFlativc ('ouncil, in encii cd'thc fjllosvin^f years, to r? Hl'vo f!iein from the payment of fnn':* or co.sr.Tiii'ti'icn ir.nn'v foi iion-;)crfi;rmancc ofuuJitia doty m tunj of peace, Ir-uO, p. 207' Lfo5, p. 274. Tu-']u.aiul, r>rnicn-J, — F..Nj)'ainci an cr.try in n return to the Housr pf (i!onuii()n.s from the R ooiver Gencral\s oincc, of £'S2A and £•310 paid to Arrhdi^ncon S'raclian, 4".U an ad/htional palarv wa.s nnide to JSir J. t'o'berne, the Lieutenant Governor, of lloOl), in a«!d.tio;i to o'!.! r £2000 and XIOOO, by orders of the Lord.s of the Treasury, W) the ainonnt of outtitanding d(>bt.R due t!i(> governnicnt is nnlcnown at tho Receiver General's office, 420 ,.__bp!ii-vi'r; im: t. it if! the duly of the Iiisjiector General to keep ihif a^'^oun'', 427 llii;d:.« all public revenue phould be paid into the Iiritids of Fome of!" finieiimiary, 42^^ all [niblic ncronnf.i gL) to liie Iiisp'Y'tor (leiieiiirt-: ufnre for in.'^pection, }2!) the avoih^e in the K"<;piver (JeiicrarH hand.s liu."; scarcely exceedid ,i;iO,(K)0 f>ir s^e\er:il yi art-- ]>.\~', 4:?0- tho bonds of pnhli'- ae- couotaiits av'' Ioi!;'ed uiili the Receiver General, and ulien thr"r> jR n d'MJiIea'ioii, thi-y ar'.« scut fur prosjculion to tliC Aiioiik v G'^. licral, i']\. if } ' li NUKX. I l»P Titikes.—T'jc Cm Inilir Clc Ti/v ill (j'ciii>nfrv '"xn-J tTtlioa iiiidiT tlm ftuU'iority of" 'lie u!tl i''rf)icli !ii\v, Chisliuhn, ^.j'J Ick' d )y the 4^(»tli'biii>hij] of ^riiiMii (ilciignny uiid .Saiidwicli, J/c i/wR'// yos fl r. /;. (i'nitrri r ■l>: irt' I. ■ilJ'ntK. cOK 1(> ir<." I n i; tl'lHl ,1 after the Uni'cil .SiiitoP urn- (iecliinM 1 iiuli peiidfiit, xr.vi- -lliB colony now cliiffly mliitliitfd by thcni tind tlieir dfhcoiidHiita, xi.vii' their coiiiplniDts rtJativo to milliu appoint monlf, Wilson 100. riiivfrsit}/ 1))' Kind's CoHrpi: not yt't in opei-niinii, xvin — UM (<» rritrililisli It e;Mil to iho L'j^'iy'nl ivo Conncil l>iit pot exji.c'od t'> pasis, xviii .£7,777 gr.iii'ed (o it in 7 y ars — pndovvcd wi'h 2i.'5,t)00 acres of land — fJoverrmfiU iiad iie!^r](-r,|ed totra:isiiiit tl)i» detailed accounts of tlie expenditure of, p. 18;" fiddref-s' (or iiiforn;ation conecrnii;^C: nnpwer. ]>. lH7~ Lord Uo- doricli favoralde to a luenibcr being: Hn;t froni, wlirn its cimr'cr should liuvo been mod tied in such a way as would be for I ho genernl advunfaf.'o, p. 22? tlie Kintr lifid invited lI'O Lfgiola- lore to co!K-iiler in v.l'.at way it eoii'd ho best coristifuted, p. M'JG a biil fo e.'^iai ltd; and r.meiul tlie charier of, parsed by the House of As;;< nd 'y and r- j'cted by the Leg'slative Coui..;il, l*^r'?5, p. 575 'Slv. MarluM z:c retiuiHistratep against the char- ter grunted to, iir.d reminds Lord (iodericii that the House U.S., and was rejected by tli> Iie^fl^5iativc Council, 1635, j», ■■'■ii'. f r/h:r t'l, '(jda Ciill'<^f — I pheld at ;jn^al < \prn!=e with lilllfi ndvHii- t',?.' 'u ; le puhln; ; niifTJif Im dispf^npod with, xvni— ~~rate.s ol tilion lid nnedier ef «fliolar.o, p. IW) number of schol.trs M-om the countty, y. 'MO course of I'idiicraioii and Booiv* !i;ed III, p 'M7 to p. 'l'»5. m r ll M 74 WAR [Lnj>kx. V. Van Egmond, Colond A. Q. TV. G. (Analysis of liis Evidence.) — Tlie (Jaimd.i Con>.[):iiiy piiid llie eqiiivalont of one shilling sterling poracre for tlie Huron Tract, ^01 arc soiling the lands lliero fronn 12s. C5d. to 13.-. 9d. per acre, 203 tlio tract contaiiia 1,'200,OOU acres, 203 witness is the oldest settler in it, 204 proper moans have not been taken to settle the tract, 205 the agents are very tyrannical, 20;) settlers are scared out of the tract witliout form ot law, 209 the Company's profits in 1833, were £28,000, sterling, after paying all expenses, 212 the scttlcrr. arc much dissatii^ficJ, 213 there is one school, a bank, no religion ostnhlislied, no miuiaters, uo militia, 214 — no- piiUtion said to be 2000, 210. ViVilioughv/tt, Philip — Api'ointcd a Ciistnm-IIousc Officer in Oc- tober, IQ-ji, Rowan 8 bis return of grants of prjiic land made to him up to July, lfc'32, p. 257. Viiier, Hon. Dennis /?., — Assists Mr. Mackenzie in hiscflbrts when in England to obtniii a redress ofgriovances, xxif . Yolcs of II. nf A. — S(,e House (J Aastmbbj. Walsh, Francis L., M. P. P. — His opinion with rogard to fit pol- ling places lor the County of Norfolk, p. C3 — — ofiicca held and duties to be fulfil.'od by, p. o37. :;!i !■; -, iil Witrhiirlnn, Henry, M. P. — Assists the Agent for the pctitioncra totheKirp;, tVoni U. ('. prayiiig tor a rcdres.s of grievances, xxiv favoiual)io to the ctiiablitjlimcnt of ciectivo iucjlitutioiia 111 the Caaadas, xx,xix. War /ivs- . . — The colonists ought n'>' to pay for tho losses sua- laiiied in the late war, Wilson 91 the governn^ent ought to have paid llr:; claimants from the public lands, Lpfjirlif 141 ou_'ht to have been paid with public lands, Geneml Brown told \v:Uics3 that the Crown and Clergy Kcserves would have compensated the Americans for the expense incurred in the inva- pion of Canada, Macmickinff 4-:37 iialanccs on VV ar Losses Fund, on iiand ; to pay to sulferers ; and uiiclaitned and return- cd into the JMilitary (Jhcst, p. 113 Lord Godcrich will pay attention to Mr. Mackcn^.ie's rr presentations on the question of the War Losses claim-', p. 191 Lord Goderich remindi d that the Legislative Ceuncil had checked the i>aymcnt of the War Loabce, p. 285. Warrant, Form "f « — Irt ^=50 by the Lieutenant Governors, in (irawmg monies from the Trea ury, over whieh the A-sembly have not yt exor.-'bLiI a cuutrollmg power, p. 182 — receipt ?f warraiit, p. 1 '1. ii Index.] W I L fS sus- till to 141 [rown liave liiiva- losees Iturn- pay |oii of tliat. iWar l=. in Inbly It ^f ,t Warwick — Expcmliture on cmigranta und in the soUlcmcnt of, p. 173. Waste LfimZs.-- Lnndri granted in Upper CJanada, IS.";], p. 107 ditto, 1834, p. 108 ditto, 1830, p. 108 and 109. Wdland Canal Company. — Salaries of some of tlic ofTiccrs of, p. 123. Wells, Hon. 'Joseph — Salaries, p. 115 his offices, emoluments, and land grants, p. 248 keeps the accounta of the Upper Ca- nada College, Harris, p. 345. Wells, William B., M. P. P. — His opinion concerning the most Buitable places for holding elections in Grenville, p. 04. WiUinson, John A., M. P. P. — Considers Sandwich the best pjUing place for Essex, p. 63- Western District.'-lAat of the Justices of the Peace, p. 303 list of tiie Commissioners of the Courts of Rtquests, p. 331. Willis, Mr. Judic.. — His mode of interpreting the disputed act, and subsequent conduct afforded the goveriiiuent a fair excuso for his removal, Slanley, p. 9G Petition of uio (.'ounty uf York on his behalf, p. 99 soon dismissed from office by Sir P. Maitland, who acted on the espionage syetum, Mackenzir, p. 200 the House of Assembly addressed tlie Kinj?;, praying that he might be restored, ib., p. 207 their address was answered — the way in which it was answered bv the British Ministry, p. 207. Willson, John, payment to, for Canadian Methodists, £t)G6 13s 4d., p. 134 ...payirent for do., £."^88 17s 9d., p. 140 voles to return Lord (ioderich's despatch, xliv. .. .his return of his oilice and land grants, p. 250. Wilson, James, M. P. P. (Analysis of his Evidenro.) — Recom- mendji Deniorestvilie and Hallowell as polling places for Prince Edward, 8ti ...illegal application of proceeds of wild land taxes by Newcastle justices, 87. . . .thinks that a system of fa- voritism prevails in the selection of justices of the peace, 88 the industry of the country taxed while the Canada Com- pany's reserves escape taxation, 89 ... . thinks that the colonists, who did not provoke the war with the United States, ought not to have been made to pay for losses sustained in that war out of their hard labours. 91. ...is opposed to paying clergymen out of the public funds, 90. .. .wishes an agent to be appointed to England, 98.... most of the inhabitants of Prince Edward greatly desiie the abolition of the law of primogeniture, lO.T . . . .the Banking system injurious to the people, 104 tliinks that clergymen should not sit in the Legislative and Executive Cuunciis.105. . . sons of Loyalists and others complain of tVie ■.;.->.l 'nt'- * li?: 76 Y O R ^}'ULt>ft. J(t'/iei, tin/. — cominiieJ. [Inoex. i:»:i'r.i':'r ill wlii'.'li militia iippDiniineuts are i«;^ulated, UK).... Ill nvur ()[' ;'.!» i'loi'tivo Coiiiifil if ili..* piostMil sysleiiMninnot ba ;iifU'ii(lt'i|, I07....tlie I'ntiiula Coiiipaiiy Imvc had it in llioir |)i)W('r ti) moiiopiili/') lands and iais(; juices, IDS .... thinks thtMC a»<- a iiumltpr nC inipri)|)or pci.sons in tlio JiCgishityiO < 'lUimil. IK!.... thinks thi; conrnry wo!i!d liko the vote l)_v iTal- lat, 117... tht; t'DMiiiion .Srhiols are nut .'iiiiiiciont I'or flie wants ol tho countiv, llrf ...tliu k'A'.v. ot" tlii' roads i.s iiidilioreut ia i'lau'c Edward, I li». }t'';,ii!i' rto-i, Dfiinis, M. P. P.. (•();)'*ii!c.-' ttHUial polling phice Ibr liie 1st liilinj; jl Siiiirh-^viUe tho !Tiot.t. I.i;u-iiln. p. U2. Yu;.'' .'■, Tlinri/ ff'., P,.'. P. P.. r<'f DiviMiiHiiIs two pf.iling plaros tor li,(:-iinj.';s, ]). tI7. Y.k •~hnf:rnl Cnmui'lhi'. — rVriificitc of th'^ir hiving appniutod "lir. .>l.n;l4Hn/.ie th;' ,\ge!it of thf I'ctiiiont'rs in I'pper Cynnadu til pi-ocepl tr> Tion Ion with thrir lU'-' ;i )r\.\\^ [)ia_ving Cor the ro- ilicii of |:ii( vunecs, p. l.V'U. E p. F. iL T iL . v^ In the imlex, page 19, line 3, for "13*' read "130," " " 20, •' 30, for ♦•temlcrod" read "tended." " " S3. " t), " "1820" read "1825." '^-^ hi s*. 111 *— , In w^ lu L- In t-n In v--^ (n t " 111 yn, 7, " 1826.' "200." "1821" It ti ti "958" Jn Ajipc7idix, In page 62, after line 11, add "and Osna-." 70, line 33, for '-428" read "427.' 82, " 25, " "220" " "520." 91, " 45, " "lat" •' "late." In " 94, at tho end of 3I>'. lluid's evidence, (in pnrt of tli« impression,) erase "The witness withdrew." In page 103, line 8, for "persons" read "a person." In In In In In In In (n In In In In In In In In In 115, 119, 123, 130, 148, It 170, 171, 37, 30, 31, 5, 8. 17, 0, 5, 21, £11" read "£lll." " •' minster" read "minister. " "JE1,355" " " "Roservcs" " " "Fund' " "Sfoetsville"" " " 1311" " "l'a',vk.>" M "Cointi" 26, " "Wiskcns" " "Corner" " "iiistreinont"" " "prohibition"" " "absolcte" " •' "Jutsice" " " "directers'' " " " Parliament, (1831.)" read " Parlia. mgnt, (183;').) In paoo 275, lino 20, for "iiiet" rend "qiuct." 188, 215, 219, 220, 271, 274, 29, 12, 25. 30, 7, 5, 28, "£1,333." " Revenues." "Funds." "Streetsville." " J831." "Iliiwi^e." " Comer," " Wickens." "Comer." " instrument." " prohibitive." " obsolete." " Jiusticc." "diroclors." In l:i In In In In Jn In In In In in " 1,1 " Tayler." 289, 293, 294, 295, 290, i< (i 297, 300, tt It II ii II 11 11 ii <{ 13, " '♦ slfivos" " " Blavo." 16, " " trades" read " trade." 30, " "griovoi'.sly" read "graeiouBly." " Fpoilation," " "spoliation." " liCgislutors" " "Legislatures." "Ofliccr" read " Oflice." "services" read "aervicea." "abseenco" read "absence." "meesure" road "mcnRure." "respective" read "respective." " horeeay" read " hearsay." "J. r. Hurd" read "S. P. Hnrd." 34, 42, 2, 13, 0, 7, 8, 4, 13, S8'/, tliu third name, for "JesiDs Tayler" rend "Josia» 12 m "(,ii 'Jb: KRRATA. -^ In page 350, line 26, for «' Exemple'' read «'Exempla." In •• 351, " 7th line from the foot, for " Anelieta" read " Analccta." In page 253, line 5, for •♦ Analeta" read " Analecta." " 35G, line 15, alter ' Genural' add 'of.' ♦' Mo9, " 10, for 'deserve' read 'deserves,' •• WJO, " 32, for *petion' read 'petition.' " 3(il), " 32, after ' ment ' erase • it.' " 1*, •' 8 from the foot, for 'constitute' read 'codr •tituted.' In page 10*, line 33, for ' confined' read ' confirmed.' «' 23*, " 9 from the foot, for ' Legislature' read * Legislatures.' In page 26*, line 8, for 'We, Your Excellency's' read 'W©, His Majesty's.' In 9th paragraph of King's College Charter, for ' our sai(t Cemncil' read ' our said College.' )&(! l^ROVINCE OF UPPER CANADA. aoT ' IVo. •31, ead — — Ve, IN ASSEMBLY, lOth Ai^ril, 1835. aict SEVEIVTII REPORT rnoM Tiir CJOMMITTSE ON OUIEVANCRS. To ike Ilonorahlc the Commons House of Asscmhli/, The Select Committee on Grievances, to Avhom were referred the Dcspatcli of liord Vis- count Goderich, Ilis Majesty's Principal Secre- tary of State for the Colonies, of date the 8tli of November, 1832, with the Message of His Excellency the Lieutenant Governor, and sever- al letters, petitions, and other Documents which had been addressed by William Lyon Macken- zie, Esquire, to the Secretary of State, accom- panying the same — the Message of His Excel- lency the Lieutenant Governor in reply to the address of the House of Assembly for informa- tion concerning the dismissal and re-appoint- ASSEM. No. 21. A ■9. -.tl i IMAGE EVALUATION TEST TARGET (MT-S) A 4=?, 1.0 Ef»^ I I I.I 2.5 Jf 3iS III 2.2 u: zo 1 1.8 1.25 1.4 i4 ^ ^// — ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 in ¥.?. n REPORT ment to office of Mr. Solicitor General Hotter- man, the appoint.nent of Mr. Jameson as Att'y General in the room of Mr. Boulton, and relative to the expulsion of the said William Lyon Mac- kenzie from the House of Assembly in a former Parliament — and certain other messages, peti- tions and documents on various subjects of grie- vance and public and private wrong — have, in obedience to the orders of the House, made some enquiry on the several subjects referred to them, and agreed to the following Report : In- 1828, a Select Committee of the House of Commons enquired into the causes of those em- barrassments and discontents which had for many years prevailed in the Canadas. This Committee conclude their report by stating their anxiety " to record their complete conviction that " neither the suggestions they have presumed to " make, nor any other improvement in the Laws **and Constitutions of the Canadas, will be at- *' tended with the desired effect, unless an im- *' partial, conciliatory and constitutional system "of governnient be observed in these loyal and " important Colonies." Last summer another Committee of the House of Commons entered upon an investigation of the causes of Canadian discontents, but confined their enquiries to the Lower Province, the Right Honorable E. G. Stanley having under great misappre^^ensjon assured the House that the ut- most harmony prevailed between the Lieutenant Governor and the Council and Assemblv of this Colony. !n)i^'f)e t<''^r'"<^'tr'"nv su;; mh 'It?? resuUs >;-;^ •|,f.> vi-'flj t}]' « V ,, -.„ • •; ce. It ON GRIEVA.ICKS. UI it shall appear to the House that there is just caueo of complaint, and that tlie government has not exerted its Constitutional powers to re- medy the evils from which the people desire re- lief, the course to be pursued is to address the Throne, stating their grievances and praying re- dress. If, on the other hand, the House shall be of opinion that the government is administered impartially, with sound discretion and a single eye to the general welfare ; that its officers and ministers enjoy the public confidence and worthi- ly discharge their various duties, there can be no doubt but that the Representatives of the people will mark their approbation of their conduct by cheeifully placing in their hands the small Annual C?rant, which in name, more than reality, indi-* cates a popular influence in the government. The almost unlimited extent of the patronage of the Crown, or rather of the Colonial Minister for the time being and his advisers here, together with the abuse of that patronage, are the chief sources of Colonial discontent. Such is the patronage of the Colonial Office that the grant- ing or withholding of supplies is of no political importance unless as an indication of the opin- ion of the country concerning the character of the government, which is conducted upon a sys- tem that admits its officers to take and apply the funds of the Colonists without any legislative vote whatever. Some years ago the people of the County of York held a meeting and petitioned for the re- dress of Grievances; their memorial was trans- mitted by W. W. Baldwin, Esq. the Chairman of the meetinji*, to the Right ITonornblo E. G. Sttiniey, and his advice rcqueslodas to tlio mrnns FV REPORT of rcdrcBS, which he most willingly gave. His autograpii letter in reply, from which the follow^- ing is an extract, is appended to Dj. Baldwin^s evidence given before Ypur Cpmmiitee. [Extract.] " Upon the subject of the Legislative Council, (which I do not hesitate to say, without any dis- respect to or reflection upon the individuals who compose it, is at the root of all the evils com? plained of in both Provinces.) Upon the ex- clusion of the Judges, with the single exception of the Chief Justice, from all interference in political business — and upon the necessity of introducing some alteration into the present Jury system — the three most important points of your petition, you mil find that the opinion of the Committee entirely concurs with yours, and that opinion I am disposed to support to the utmost of my power." a << <; <. « « Mr. Stanley adds that the Constitutional re- medy is " open to the people of addressing for *' the removal of tlie advisers of the Crown, and " refusing supplies." The patronage of the Crown, as now excrr cised in this Province, includes the payments of gifts, salaries, pensions, and retired allowances to the Clergy of the Methodist, Presbyterian, Protestant Episcopal & Roman Catholic orders, and to nearly the whole of the civil officers of the government, including Sheriffs, Collectors of Excise and Customs Revenue, Coroners, Justices of the Peace, Commissioners of the Court of Requests, the heads of :he several departments and all in subordinate stations under them; to OiT GRIEVAXCEB. t Judges of the District and Surrogate Courts, Registrars of Conveyances, Wills, &c., CommiL- sioners of Customs, Clerks of the Peace, &c. &c. These officers hold their several situations only during the pleasure of the Crown. The Royal patronage also embraces the judicial es- tablishment, many pensions, the nomination of one branch of the Legislature, by the name of the Legislative Council, and the appointment of its speaker and other officers, — the selection of the officers of the House of Assembly — the con- trol of the Indian Department, of King's College, and of Upper Canada College, the appointment of the twelve District Boards of Education, and the direction of the expenditure of public monies in aid of Emigration — the selectiou of the Ex- ecutive Council— the uncontrolled management of millions of Acres of public Lands — the ap- pointment of 1500 commissioned Militia Offi- cers — the sole control of the Military and Naval Forces — and (subject to the votes of the House of Commons in this cape) the regulation of the whole MiUtary and Naval expenditure. The Crown also controls the expenditure of a large annual an.ount of local taxation by its pow- er of appointing the District Magistracy during its pleasure — the justices thus appointed select the District Treasurers and a large number of subordinate officers, and exercise varied and ex- tensive civil and criminal jurisdiction. The re- fusal of the bench of Magistrates of the Eastern District during the present Session, to render to the House an account of the receipt and expen- diture of the local taxes and revenues raised from the people, and entrusted to the charge of the^ functionaries, under the authority of several acts of the Legislature, affi)rds another proof th«*it the tl REPOAT system under which they are appointed rcqnirog instant revision ; more especially as the com- plaints of the people of that District against magisterial peculation, as recorded on the jour- nals, arc of long standing. The Crown appoints the menr.bers of the Court of King's Bench, and the Judges of that Court regulate at their discretion the tariff of fees to be paid therein by suitors. These judges are dependent on the Crown for such retiring pensions as it may see fit to award them, if any, and enabled to look forward with hope find ex- pectation to the enjoyment of other offic'es and situations within its gift, by themselves and their families. , The Canada Company, the several incorpora- ted establishments for Banking, Canalling and other purposes, and the Harbour, Dock & Wharf Companies, in nearly all cases, unite theirpatron- age with that of the local government, and stea- dily strive to increase the influence of the Crown. The Post Office Department, with about a hundred Deputy Post Masters, is under the solo control of the Crown — contracts are made, and all appointments held during its pleasure ; the surplus revenue is transmitted to England. No detailed accounts of receipts and expenditure, have ever been laid before the Colonial Lcjxisla- ture. The rates of letter postage between the different places in the Colony, between this Co- lony &- the others — and between Upper Canada and England, are very extravagant. The cor- respondence with Europe is chiefly carried on via : New York, which is at once the cheapest and most expeditious route. xm ON GRIEVANCES. VII Roprcsentatioiis were made to the British Government that the Post Office system required revision, and a law was passed ,in consequence to autliorise the several Colonies to establish J^ost Offices. The form of a law, such as the goveinment would approve, is before the House, but its provisions are so inapplicable and absurd that no benefit would be derived from their en- actment. A change for the better must be that which will give the Colonists the entire control of this Department in Upper Canada. Salaries, Fees, &€• By the tables of salaries, fees, emolnmcnts* &c., it will be seen that the patronng:; of the Cro>t n, arising from civil and judicial offices and places within its gift in the Colony extends at least to £50,000 a year ^exclusive of the Clergy Grants) the whole being raised from the people themselves and not one farthing derived from England. Up to 1827 an annual sum of £ 10,800 Ster- ling, or thereabouts, was voted by the Imperial Parliamnnt towards the payment of the civil fist of tliis Colony, and it was not till April 1834, that the £4472 allowed yearly to Clergymen of the Church of England from the funds of Great Britain was withdrawn. Now, however, the whole expense is thrown upon the Colony, the inhabitants of which can exercise but little in- fluence over a government which disposes of their property at its discretion. Of these annual salaries, fees and emoluments, 117 prjrsons receive, ench imder £100 : — 40 per- sons receive each from r-lOO to x-200 ; 29 persons r^ceiVG; each frcj^ni C20J to a.''30j'; 23 pcr^sous VIII liEPORT ll receive, each from £300 to £500; 10 rccoivo, each from £^00 to £750; 6 receive, each from £750 to £1000 ; 10 receive, each from £l 000. to £1,000 ; 2 receive, each from £1500 to £2000 ; 1 receives, £2,066, and 1 person receives pcrsoodi peraouB persons persons person £4,903. On a reference to the table of offices, salaries, Si>c.i it will appear evident that many ofliccr« there named could be dispensed with, and that| of the others, the greater part receive in- comes which the services they are required to render and the state of the finances of the Co- lony do not warrant. Upwards of £38,000 have been paid from the Colonial Revenues within the last eight years to the Lieutenant Governors, the greater part of which it is probable they save and carry to Eu- rope. The incomes of Governors in the northern parts of the States vary from £l00 to £l500 a year, and the incumbents are taken from among the resident inhabitants. The salary of the present Lieutenant Gov- ernor Sir John Colborne, with his other public sources of income or emolument is about £5631 a year.* Formerly the amount of this income was Icds objectionable for it was chiefly derived from Europe and the Lieutenant Governors transmitted thither the surplus on their return. £808 is the amount of the incoipe of the Private Secretary to the I^ieutenant Governor. — It appears to us that this office ought to be done * This income will havo beon increased since the accession of tho piescnt ministry by His Excellency's proniolion to the Colonelcy of a regiment. ON uuii:vA.Sct:s. IX rtwny lYith, and tho duties performed l)y tlio ex- isting? piil»lic dcpurtiiicnta which arc abundantly eufficiont for their discharge. The rionorablc Peter Robinson appears to have received of salary from the Colony within the last 7i years £V2-)\i7, His annual incomo is now £1721. The Honorable Duncan Cumeron has received since January 1827, £BG'i4 12 besidca a variety of other payments for fees, &c. There can bo no pretext for payini^ this otticer at the rate of £1033 a year, and then paying Mr. Jarvis £230 as a deputy to do the business of his office. The Honorable John H. Dimn haa received £11,534 of public money since 1827. His office is a very responsible one, and to it might be con- veniently added the offices of several bursars, treasurers, commissioners and other public ac- countants in this City, with a proportionate sa- ving to the public. Mr. Robinson i.^ the " Surveyor General of Woods," the " Surveyer General" is S. P. Hurd, Ksipiire, with an income in fees and salary of £742 a year or thereabouts. The history of this gentleman's appointment may be ascertained from his evidence annexed to this report. Mr. Hurd was appointed Surveyor General on the 1st of November, 1829, and was ordered t<» he paid his salary and fees from that date in lull for the fiist .^i^ months; then the Colonial offico ordered that he should receive half the income of his office until the time when he should think lit to enter upon its diitie.¥. AHSK.\F. No. 21. B RKPORT Between 2 and 3 years after he was appointed he carne into the Province and began to fulfil the duties of the Surveyor Generalsliip, and was paid nearly at tlie rate of £400 a year for the period in which he had neglected the office ; while Mr. Chewett, the senior clerk, was also remunerated in full by the Province as the Sur- veyor General, for acting as his deputy, and has since obtained a pension of £40 J a year out of the Province revenue by an order from England, and retired. Mr. Chewitt with his pension has the Registrarship of the Surrogate Court at £104 fees last year, The multiplication of offices in the land grant- ing Department creates great and unnecessary expense and much confusion. Aichdeacon Strachan's income cannot be ea- sily ascertained. The application of the House of Assembly to be allowed to look into " the Blue Book" or official statement of the pecunia- ry affairs of the Colony sent to England, for the years 18^34, 1825, 1826, 1827, 1828, 1829, 1830, 1831 and 1832 the Lieutenant Governor declines to comply with ; and every effort of the Com- mittee to obtain the particulars of the Archdea- con's income for a few years back, by questions put to himself has proved unsuccessful. Since the 1st of January 1826, Dr. Strachan appears to have received of public money, as Archdeacon, senior Executive Councillor, Rector of York, President of the Board of Education, Sec. £7977 ; and for his journey to England in 1827, in cash and lands, other £4851. In all £12,828. Details and explanations arc placed in the appendix, bu( we presume that the sum named falls far short of the ijross amount. ON fJRIEVANCES. XI It mi^ht have been expected that the ofTiccs of Clerk ot" the Executive Coiiucil, and first Clerk in that office would huve been consoli- dated into one at about £300 a year, and no fees, on the death of the late Mr. Small. There are very few duties to perform, and these not generally of an important nature, yet Mr. Bei- kie's name appears in the Blue Book for 1831, as Clerk of the Council at about £725 a year, to- gether with a first and second Clerk at £250 and £200 a year respectively. The Honorable John B. Robinson's services for the last eight years have been repaid with about £18,000, nearly all of which is from the Colonial J^eyenue. He has obtained £400 a year for servicers Speaker of the Legislative Coun- cil, over and abovj his other salary of £1666 per annum as Chief Justice. The situation of presi- ding member of the Legislative Council and Chief Criminal Judge of Upper Canada never ought to have been united in the same person. The Speaker of the House of Assembly receives only £200, or half the salary claimed by the Speaker of the Council for services far less im- portant, arduous, and fatiguing. Mr, Grant Powell, in his various capacities, appears to receive £835 a year, or thereabouts. The extra allowance of £200 over and above his salary of £200, as Clerk of the Legisla- tive Council ought not to be continued ; and his office of Judge of the Home District Court should not be held along with an office, which requires his services elsewhere at the same time as Clerk. Mr. Ruttan's fees, as sheriff of the Newcastle District, amounted to £1010 in 1834, «fc to £1180 I Xll HEPORT 111 U;:' i ill 1833; evicli incomes indicate tlie exprdienry olsome Legibitttivc action on ilie fees ofSlieritVu. Mr. Jones's fees, as Clerk of I he District Conrt for tlic Fame i)istrict, appear to have equalled i)l7J in 183t ; very large sums were realized in some other Districts. In an ottice like this where neither talent nor legal accjuirernent is requi- site, competent and respectable men would glad- ly act for incomes of £100 or jC150, and justice be rendered at less cost to the unfortunate. The absurd system under which the Colleclors of the Customs are remunerated has already ob- tained the attention of the Housa. Mr. Samuel Ridout receives £5fl^s Regis- trar, and £222 as Agent to th^'Land Granting Department; the latter officers a sinecure and ought to be abolished. Many of the Registrars perform their duties by Deputy, and it is believed that if their fees were reduced nearly one half, enough would still be paid for any services they are called on to render, while the expense to the public in conveying real estate would be greatly curtailed. The salary and allowances of the Attorney and Solicitor General, at £1200 and £C00 a year respctively, are unreasonably high. The Speaker, for three months in the year, is required to give his attendance daily, for many hours a dav, and his income is but £200. The official services of the Crown Lawyers do not certainly require more talent, nor are they more difficult or arduous than Iiis. . The Crown Office is a grievance of magni- tude. The incumbent is required to fulfil duties ON GIUUVANt'ES. XIU which nny gentloinnn willi an ordinnry educa- tion could perforin, aidod by n few clerks at a Blender annual salary ; rumour had declared his income from fees alone to be within a trifle of £2,000; his own statement in the Blue IJook for 1834, gives £12.07 of fees that year, and £111 in salary, in all £11308. These fees are regulated by the judges, who have thus the pow- er to remedy the evil. In the detailed returns Mr. Jonas Jones' in- come as Judge of the District Court in three Districts, and other offices is shewn to be £91G. In addition to the varied duties of these situa- tions, Mr. Jones is the President of the Board of Comnuasioners for Improving the Saint Law- rence, ^^n^ The Adjutan^ General of Militia receives £449 as salary and allowances,' (besides his half pay as an ensign of the regular forces.) lie is also allowed an assistant adjutant general to do the work at £200 a year, one of tiiese salaries ought to be abolished. / \ . ^ -'^^ Pensions. Within the last eight years there havo been paid to eleven individuals, in the form of Pen- sion, out of the Province Revenues, but with- out the consent of the Legislature, about £30,500 — of this vast sum of money nearly £4,000 have been paid to Colonel Talbot ; — £4.000 to the late John McGill ; £3,856 to Bishop McDonell ; £5,998 to the late Sir Wm. Campbell ; £3,333 to the late D'Arcy Boulton, Esq. ; £5,555 to the late IIon.D.W. Powell ; also £1,776 to the Hon. William Allan, to be by hira transmitted to Sir D. W. Smith, Bart. Northum xir REPORT 11 ill'' ^liilllf berland. Had tliis sum of £30,500 been ap- plied under a frugal Govertimcnt, to the im- provement of the Koads and Bridges, it would have done the country a great deal oi good. The civil pensions of the United States a- mounted in 1 8 i 7 to $ 1 ,460 ; in 1 82 1 to $ 1 ,500 ; in 1825 to J^2,100, and in 1827 to $2,000.— This is the eflect of having the management of their own monej'. Ecclesiastical fistablishmciit. This consists of four classes — the Method i ts —two Conferences, not in connexion with each other. The Church of England — the Presby- terians, two Synods, not in cqiuMion with c.ich other ; and the Roman C#tiiWic Church. The Church of England has bfeen upheld by the Crown since the first settlement of the colony. The Churches of Scotland and Rome received but a miserable pittance, until within the last six or seven years. The Seceders from the Scottish Establishment, began to receive a boun- ty fov their spiritual services some three or four years ago ; and the Methodist conferences had grants extended to them for the first time in 1832 or 1833. The Independents, Baptists, Congregationalists, Quakers, Lutherans, Tunk- ards, Menonists, Primitive Methodists and other sects do not receive any part of the pub- lic money, and several of the Presbyterian and Methodist Ministers refuse to accept any por- tion of it. The House of Assembly, in several successive Parliaments, has expressed its entire disappro- bation of the conduct of the Government in thus attempting to uphold particular religious 0\ CKIEVAACES. XT and ub- and )or- sects by money grants ; and in the 10th and ) 1th Parliaments, has declared that it recogniz- ed no particnlar denomination as establislied in Upper Canada vvilli exclusive claims, powers or privileges. The ministers ofthese Ecclesiastical establish- ments derive their official pensions entirely from the public revenue raised >vithin the Province, and receive besides an in(3ome from iheir con- gregations ; England pays no part. There were paid out of the Provincial chest, without any vote of the Legislature, in 1 832, 1833 and 1834, to the four Etablished Churches £10,441, ofwhich £15,281 were paid in 1831.* JTIcthojUstis. The " Canadian Wesleyan Methodist Con- ference" received £800 in 1833, and £389 in 1831; these sums were to be applied to the building of Chapels, &c. The " British VVeslc^yan Methodist Confer- ence" formerly the Methodist Episcopal Church received £l,6oO in 1833, and £61 1 in 1834, to be applied (as is stated to the Lieutenant Go- vernor by the Rev. .Joseph Btinson,) *' to the '• erection or repairing Chapels and School- " houses, and in defraying the general expenses *' of the various JNIissions in our charge."* Your Committee were unable to obtain an account of the expenditure ofthese monies in * £l''>i284 pail to tlio Clorpy of 4 pnrticular derioininiitioiiR in one year, is rnlherat variance with a portion of Visconnt <.»o iletnil. It nppcnrs indeed that no such acrcniTi(» had been transmitted to tlie Government Office in either of these years. This appropriation to the INrcthodidls as an Ecclesiastical Establishment, is very einojulai*. In the year 1826 the opinion entertained of them by the Executive, is given by Dr. Strnchan, who informed the Colonial Minister in England that the Methodist Ministers acquired th«ir edu- cation and formed their principles in the United States ; and they felt the suspicion attempted to be thrown on their loyalty so strongly, that they appealed to the House of Assembly, »hich enquired into and reported on the roalter in the year 1828. m Upon another occasion they received a re- buke from His Excellency Sir John Colborne, ns will appear from the document in the appen- dix containing IJis Excellericy's answer to the Address of the Conference, requesting him to transmit to His Majesty their Address on the subject of the Clergy Reserves. Since, liow- ever, a sliare of the public money has been extended to, and received by them ; there peems to have been established a mutual good understanding. The ca&iii'cli of Eng^lasid. To the Ministers of this denomination, as salary. Sic, the government h s paid out of the Province chest, within the las three years, the sum of £27,321, of which £ll,()02 were paid in 18131. For details we refer to the appendix. Within the h^st €i:;!it years £;v>5D have been paid to Archdeacon Stuart of Kifigston, for 0\ ftRTErANCKS. XYK iutferfices as Archdeacon and MinUler of the Church of England. All this money wa? paid •nt of the Province revenues without a grant of the Legislature. Presbyterian Clergy. This christian denomination has receired £5,541 within the last two years ; part of which was to the Synod in communion with the Scotch- Church, and the leaser share to the other Synod. The detail of this expenditure, so far as it has been obtained, will be found in the appen- dix. Roman Catholic Clergy. Within the last two years £1,910 have been paid to the Catholic Bishop; a part for himself; a part for his clergy ; a part for repairing and building Catholic Chapels and Churches, and a Eart for Educational purposes — the payments ave all been made from the colonial revenues- It will be seen, from the evidence annexed to this Report, that some exertions have been made by Your Committee to obtain the accounts and vouchers of the payments made by the Bishop to his clergy and others, and for build- ing churches. The Lieutenant Governor has also directed an inquiry to be made as to the de- tails of this part of the Ecclesiastical expendi- ture, but, hitherto, without success. Crlebes. Between the years 1789 and 1835—23,905 acres of public lands were set apart by the Crown as Glebes to clergymen. Of these there were given to the Church of England 22,345 Acres, AsMM. Ne. SI. XVIII KEPQUT ■ m To the Scotch Church, 1,1G0 do To tho Roman Catholics, 400 do To all other Denominations, do Liand Orantingr Department. Viscount Godericirs Despatch shews that this grievance, for such it was, has been in part removed. To what extent, however, the docu- ments Nos. 7. and 8. of the Appendix do not verj clear! j^ shew. Kings's €olleg:e and IJ. Canada Collei^e, The former institution is not^'etin operation, although much required for the instruction of the youth of the Province in those branches of education not usually taught in Common Schools. The latter is upheld at gieat public expense, with high salaries to its principal Masters, but the Province in general derives very little ad- vantage from it. It might be dispensed with.. Viscount Goderich had His Majesty's com- mandi to express the Royal desire, that the opi- nion of the people of the colony might be con- sulted with respect to the constitution of King's College. A Bill has accordingly beei> sent to the Legislative Council, sanctioned by a large majority of the House of Asiembly, for the estab- lishment of that seminary, but there is not much reason lo expect that the Council will coincide in opinion with the representative branch of the Legislature on this important question. Expenilitiire on Emig^ration* Accounts of an expenditure of £31,728 ISsr lid under the Crown Land Commissioner, in aid of the Emigration from Europe, were refer- red to your Committee, who, being unable to ex- ON (JHlEVAI^OBtJ. XtX amine into all the details, sent for the Vouchers ibr the late Mr. Mount's expenditure of about £7,5'" i) of the moiey in Adelaide, Warwick, and Carradoc. T'icir (Statements, No. 66 and No. 57 of the Appendix, will show the opinion they entertain of this mode of expending the provincial revenue. Audit or the Public Accounts. The present system is altogether inefficient for ensuring the application of the revenue to the purposes for which it is intended to be ap- plied. The House of Assembly, acting by one or more of its committees in a session, cannot examine the accounts and vouchers of the se- veral public accountants, owing to the very com- plex, obscure and unsatisfactory manner in which they are furnished ; and as for the Executive Council, the law recognizes them not as audit- ors of the revenue, nor do they merit the public confidence as a board of audit. Of the grant for the roads in 1833, paid about a year ago, nearly £12,000 entrusted to Commissioners remain yet unaccounted for. The grants to Canals, many thousand pounds in amount, arc in general very imperfectly ac- counted for. The payments of Casual and Territorial Re- venue, fines, forfeitures and seizures, are also very imperfectly accounted for, either to the country, or to the Crown or its ministers. The remedy would be a J3oard of Audit, the proceedings of which to be regulated by a well considered statute under a responsible govern- ment; such a Board might save the country many thousands each year, but it is difficult to believe that any efficient means of auditing the whole jirovincial revenue can be provided by iX ftJEPORf il' .. m4'' :«^''i •■ I, LI Legislative enactment, while the Lcgislatk^ Council is Gonstituted as at present. *Rctiurii8 of Accounts, &c. Many items of information required by the House and its Committees from the Government with respect to the public accounts, the receipt and expenditure of public monies, college and other funds, monies placed in the hands cf indi- viduals for the payment of clergymen or the building ofchurchesandchapels, &c. have asyjt been withheld, and the receipts and expenditu/e of the post-ofRee department have been very unnecessarily delayed. In most cases the par- ties whose duty it was to compile these retornaf have had ample time to do so. In many other eases the statements required have been furnish- ed to the house. The remedy for Heglecting to tfupply returns in most cases, would be by a sta- tute providing the time and manner of making them, and naming the officers who should ren- der them to the Legislature; but it is well known that such an enactment would fail in the Council, which has an interest in preventing the enforcement of practical accountabiiity to the people. Little respect is paid, even in subordinate matters, to the wishes of the House of Assem- bly. In the year 1B28, the late Francis Collins was convicted of an alleged libel for imputing to the present Chief Justice Robinson* then At- torney General, native malignancy. This lan- guage was induced by the irritation Mr. Collins felt at the wrongful denial, by Mr. Robinson, of his right to traverse to the next assizes. He '» Hef. reuonimcnddtionH in the Report of Sir Henry Parnell, Sur James Kempt, Mr. Ellice, and others Cointmbeioucts to report em tiiepubliu revenue — ju the Appendix. ON CRIlirAAtiF-i. xxt lie Was, however, sentenced k) a fino of JC50, to be imprisoned in the common jail for twelve monthai and to find securities to keep the peace fon threo years^ and to remain in prison till he did so. The whole proceedings of the first session of the tenth Parliament on that subject are full of interest, and exhibit a faint and imperfect spe- cimen of the spirit with which the government was carried on, and the ciiminal justice of the country administered. It ended in a simple re- quest from the Assembly, that the residue of thci punishment might be remitted, Collins having already been immured hi the prison for seversu months. This reasonable request was flatly re- fused bv Sir John Colborne. It is, however, humiliating to notice, that a similar request was readily granted to a few favored individuals for the release of the Farmersville rioters, who had in the most shameful, premeditated and unpro- voked manner, assaulted and beaten the chair- man of a public meeting, held simply for the purpose of returning thanks to Lord Goderich for his Despatch. Under the same disregard of the views of the House of Assembly, measures were adopted by His Excellency for the second Leeds Election, quite at variance with their known wishes. The Returning OlFicer, in his evidence under oath, before the Grenville Committee, declared Beverley, where the first election was held, to be an unsuitable place. It had already been the scene of disgraceful riots, destructive of the freedom of election, was in the vicini- ty of those violent pjirtizans of Messrs. Gowan and Attorney General, who were the authors of the former riots, and remote from the district town where any rioters could be confined. XXII liEroRt '.I i; :"w m I ii :'. . The Returning Ofticcr also Btotod, that the time of six iVays, limitpd by the existing law for the election, was insulficicnt for poUing all tlio votes in the county ; and that without an cxten- sion of time the next return might depend on which could get their votes first polled. The Returning OHicer was also judged and reported by the Committee, acting as tlioy were under the sanctity of an oath, deficient in firmness, and tho «lefencc was declared frivolous and vexatious. Yet the same Returning Otficer, and the same place were selected by Sir John Colbornefor the new election, which was ordered to take place within so short a time that it was scarcely pos- sible to give the notice required by law in the ditferent townships so as to apprize the free- holders. Under those circumstances it is not surprizing that renewed riots occurred at the second elec- tion, which has by another Grcnville Committee been set aside. The Despatch of 8th IVot. 1 833. The Despatch from Lord Viscount Goderich to Sir John Colborne, dated November 8tb, 1832, and specially referred to your Committee, is an answer to the representations of about 24,500 of His Majesty's subjects of this Province, trans- mitted to England by Mr. Mackenzie, a mem- ber of this Committee and the agent deputed by the Petitioners to urge their claims on the con- pideration of Government.* There is an error in the Despatch, which states the number of Petitioners by Mr. Mackenzie at 8 or 10,000, * *• Tlicro is no class of Uio C'anndian ptMiple, however smoIJ, " nor individual among them ho-.\t;v-or obRCurr! liis sitiia1io!i, to whose •* petitions flis Majesty does not veipiirp thnt thr most exnrt «nd ♦' fffspectfiil attention sJioultl be given.'' — Vj!raiilt3 pass ihrougli Canada to the United Stales. Jii.i]>oii»il>!4; €«overiiiitciif. The rjlovernors of colonies, like other men, arc in( .idually liable to all the infirmities of human nature, and in their political capacity, when left to act without restraint, they, no doubt, sacrilice occasionally the interests and happiness of the people, to the gratification of their own passions and caprices. One great excellence of the English constitution consists in the limits it imposes on the will of a King, by requiring responsible men to give efVect to it. In Upper Canada no such responsibility can exist. The Lieutenant Governor and the British JMinistry hold in their hands the whole patronage of the ON cnii:\.\xv::?'. wvir Province ; they hold tjic solo duinmioii of lUc. country, aiul \vf\\'o. \\\r. rcj>rcs(Mitalivo hrantli ol" tin; fiOgisIaturc powerless and (l('[)cn(lcnt. Mr. J'^Imsloy, a nKMuhor of (ho liC^islalivo Council, (the son of a late Chief Justice (A' the Province,) and formerly nieni])cr of the Ivvectr- tivc Council, retired from that body lately, and advertised in the ncwspnperr? that he could not retain hh seat and act independently at the board. The Archdeacon of York, Mr. Mark- laud, nndMr. P. llobinson, three of the present incnil)er.s of tlic Executive Council, have given a dillerent tcstinionv before Your Connniitce. Mr. Stanley, in his letter already ad\ ertcd to, ex- presses his opinion of the Executive Council with cfi'oat candour and fraukno^^i, as follows : " I do, iio\\Tvcr, tliiiik tliat somolliincf niiiilit l)o ilono willi " Crcal a(.lvant;i<:t!, to i;i\e a really responsible cliaractor to " the Excciilivc Council, wliicli at proseiit is n perfectly " anomalous body, liardly rccoLniizcd by the Constiluliun, " and cirociivo cliielly as a sourco ol" patronage. " In the Royal Instructions to Governor Sir Thomas Cochrane, dated the '27th ot July, 1832, sij^ned by Viscount Goderich, and printed by order of the House of Commons, your commit- tee find the following passage : " In acconlanro with ilic liniforni coinso of preredcnfs, " your Commission constitiUos a Council wliicli will i>artici- " pato with tlio Ass(>nil)ly in tlio enaclMicnl of law<. It is " not, iiowovor, to bo denied that this part of the esiablislied " system of Colonial Legislation has been practically Ibund '•' to hn attended with some serious dii'licnllies. TIk; mend)eis " of Conncil, deriving their aiilliorily fritni the Iio\ul Coni- " mission, have not seldom boon rogard(?d with snspicion and " distrust by tlio great body of the people. Tln-'ir elevation " in rank and autliorily has but too often failerl u) induce; a '• correspoiidinf': de!r>'(.'(? of public respect. Even llx? mo-.t " judicious exercise of their powers has occasionally worn " ihe resrnihl.inct^ of harshness when opposed lo tlw; unani- " inous or the p'cdouiinant opinions of those to whom tiro " Cijloiiisls lo'ihed vvi'h cniilidcu'c ,is tlieii representatives. XXVllI REPORT itm 1. .., ^■3:1 m " Tlio Couiicils, it must bo confessed, have not uniformly cx- •' erted themselves to repel, or to abate, this prcjiidicc. Tho *' acrimony engendered by such disputes has sometiuies given " occasion to an eac^er assertion of extreme rights on tho " part of the Council, and to a no less determined denial of *' their necessary and constitutional privileges on the part of " tho Assem])ly. The Councils have .dso been employed as ." instruments ibr relieving Governore from the responsibility " they ought to have borne for tho r(.'JGCtion of measures " which have been proposed by the other branch of the Le- " gislature, and have not seldom involved them in dissensions " which it would have been more judicious to decline. The *' eflect of the institution therefore, is too often to induce a *' collision between the dilTerent branches of tho Legislature, •' to exempt the Governor from a due sense of responsibility, *' and to deprive tho representative body of some of its most *' useful members. Yet the compensation which might atone " for these evils is not obtained, and the Council does not as- " sume in the colony a position or an inHuencc analagous to " that of the House of Peers, because entirely destitute of *' that hold on public opinion which tiie property and indcpen- " dence of its members, as well as the antiquity of the insti- " tution itself, confers upon tho Peerage c*" this country." Id Upper Canada, where society doubles its numbers evfjry twelve years, (while in Lower Canada il docs so every twenty years) where new towns and counties start every year into ex- istence, acting more on government than acted upon by its directions, obliging it to abandon schemes of improvement begun in one direction because population has by chance suddenly ac- cumulated in another — requiring new laws and tribunals every Legislative Session — coming from several counties and bringing hither their peculiar afiections, feelings, and prejudices — in such a country the government ought to follow incessantly the changes that work on public opi- nion — it should be cheap — because po|)ulation and capital spreading constantly in the wilder- ness, there is no great accumulation of capital in a few hands, though there is a rapid one m the country ; the people are above want but cannot " ON fJRlKVANC'KH. XXIX in(lu]e Bills, it does not appear that they have ever been consulted. Iheir power in the Land Granting Department has been done away in this Province by the appointment of Mr. Peter Robinson, and in Lower Canada by that of Mr. Felton, with whom the respective Governors (alone) arc supposed to consult and determine on all applications for land. The Canada Land Company monopoly too, necessarily, renders ap- * Soe evidence of Executive Councillors, letter of Lieutenant Gov- ernor Colborne, and other documents annexed. + Sec his loiter on that Kuhjcct, annexed to the ovideuce of the Rev. Dr. O'Grady. i V: 1! XXX RF.rORT r. . 11 ifr ! IS plications for p;ranls to the govcrnmrnl lOss lre(](icnt. it appears to Your Committee that iho JCxecntivo Coinicil is a nomlcscript with M'hich it is Ibliy further to contend. There have been three classes of persons ex- atnincd bclore Your Committee — liic first, of whom the Vencrnble Dr. Strachan is one, are of opiiiion thnt the Government is well enough as it is, and that as to responsibility it is as i\> sponsibie as other Governments. The second class desire a responsible j\Iin- istry, some heads of departments well paid, to direct the government, to prepare bills and most of the business of the session, and to hold of- fice or lose it according as they may happen to be in the minority or majority in the Ilouse of Assembly. Tills system was never attempted in any of tiie old colonies, but Your Committee have asked many questions with a view of as- certaining wliat is the public opinion concerning its practicability here ; and it appears that Mr. Mackenzie, in his letters to Lord Goderich, ex- pressed a belief that with some modifications it might be productive o( a greater share of good go\ ornment and public prosperity than is at present enjoyed by the people. A third class contend for eleclive institutions,^ and aflirm that while Governors come from without, and Judges are commissioned from without, favoritism towards their connexions will prcvailto an extent that would destroy the inlluencc of any set of" Ministers," constituted upon the principle desired by the second class ; tliat the inlluence of Downing Street will conti- "^ " [ roiilly do believe (nhsc-ivcs Mr. L'.ihoiiclicre) l.lial. where pn- " cicty is cunKlituted ;is in (',i\i.iil;i, iiny iitloiiipl on the imrh ot" \]u- •' g..vcriiinciit to appoint the I.,i';;is!ii1ivn Coimcil i:; tiie iiiuiokI iltlia *' bion. I Ikvvo ever 1)0011 ot'opiiuou tlial the calywiiy by wliicli " you can Rive to that bodytlin wei'fht and rosponsibility wliiclillicy ' oii'jlit to pni:[.-os'- i; liy iiitroducinf^ tlio priuciplo of Bb^ction," ON GUIEVANCCS. XXXI at Lhc 0(1 5S; iti- pa. (ho e;l..l lieli l.cv iiue to jjrcvtiil as hitherto; and that the favourites oi'the J!?ecre[ary of State will, as at present, bo plactH.l in itnpoitant ofiices to the (.xclubion of better qualifiod men. TJic faets connected with tlio casoi of Mr. Jaaie;ion, Mr, 'Joulton, and i.dr. lia!j;eriiian ; the dit^nilHsa! of lli Crown Lawyers \)y one Colo- nial .Minister, and the unexplained r(3-appoint- inent of one of them to his i'ornier oilice, and of the other ^o iho highest judicial situation in Newfoundland, a short lime after, by another ; the assertion by Colonel llowan, to Mr. Boulton,"^ on the authority of the Lieutenant Governor, tliat the cause of his and his colienii-ue'd sum- mary di^rmissal, was the part they had taken in the House of A^-sembly to promote the repeat- ed expubiions of Mr. Mackenzie, after they were (it wav presumed) made acquainted with the opinion of the Home Government on that course of proceeding; and the prompt and ready refu- sal ol His Excellency to inform the House, in answer to its Address, of the reasons which had induced the Colonial Department to pursue the course it did in these matters, (although even Sir Peregrine Maitland has admitted in his dos- patches to Mr. Stanley on the Falls Outrage, that it had become the usage in the colonies, unreservedly to submit such correspondence to the Colonial Assemblies,) — these circumstances clearly prove that there is no responsibility to public opinion in Upper Canada, and it may be inferred from His Excellency's reply thnt he has instructions from England to withhold from the Legislature the official correspondence of the Colonial Department concerning their affairs. The cause ol the removal of the Crown Olli- ccrs can only be learnt by Your Connnittee •■ Seo copy of hia klicr ia Appcailix. XXXII UKI'ORT m I * '. from the Despatch of Lord Goderich,* who expressly says it was done because they op- posed the avowed policy of His Majesty's Gov- ernment; the truth of which cliarge is abundantly notorious; nor does His Lordship seem at all to notice the personal indignity they had od'ered to himself even as a Minister of the crown. It is difficult to imagine on what ground His Excel- lency Sir John Colborne qualified the language of the Colonial Minister, and limited it to the case of Mr. Mackenzie's expulsion, unless it was to furnish the excuse which Mr. Boulton is known to have oft'ercd, that the views of His Majesty's Government had never been com- municated to him as they had been to Mr. Solicitor General.f But although His Excellen- cy has given this limited view without any known authority, yet we have heard Mr. Solicitor Ge- neral publicly declare that his removal had not the remotest connexion with Mr. Mackenzie's expulsions and pretended disqualification by the late Provincial Parliament. The declaration therefore of His Excellency on the one hand, and of Mr. Solicitor General Hagerman on the other, are in direct contradiction ; and His Majes- ty's government at Home can alone tell where the truth lies. It appears probable they were dis- missed for opposing the views of His Majesty's Government, not only in the expulsions of Mr Mackenzie but also fiom their treatment of Lord Goderich and of His Despatch, embrac- ing a variety of matters of general interest and policy, and that they have since been restored upon irreconcilable representations and excuses the nature of which this system of concealment prevents our ascertaining. * Seo Appendix, paper numbered 88. t Vido letter in Appendix paper 88. 0.\ GRIF.VAXCT.S. xxxiri The unexplained reappointment to office oi' the Crown Officers, Messrs. Boulton and Hager- man, men whose conduct and character were always particularly obnoxious to the people, created great dissatisfaction and distrust in the colony. If reference be bad io the British Constitu- tion, as settled daring the reign of King Wil- liam the Third, it will be found that there are securities provided in it against Kingly or ra- ther aristocratic encroachments. On that oc- casion the system of Government in England wa» remodeled, and the Arujua! Assembly* " of Parliament was rendered necessary in the " first place by the strict appropriation of the *' revenue according to votes of supply. It wa» " secured next by passing the Mutiny bill, un- *' der which the Army is held together, and sub- ** jected to Military discipline for a short term, *' seldom or never exceding 12 months. Thet " are ihe two effectual securities against milita- " ry power; that no money can be issued to the " troops without a previous authorization by the " Commons in a committee of supply, and by " both Houses in an act oi appropriation ; and " that no officer or soldier can be :)uiiished for " disobedience, nor any court martial held, " without the annual re-enactment of the Mutiny billj thus it is strictly true that if the King were * not to summon Parliament every year his army would cease to have a legal existence, " and the refusal of either house to concur in " the Mutiny bill would at once wrest the *' sword out of his grasp. By the bill of rights, it ** is declared unlawful to keep any forces in * Vido Ilalluin'o Constitutionul Jliattny of England, volume 3id r«g«203. ,-\sSEM. No. 21, D ti tl XXXIV ftliVORT ¥'. ' ) ' ' h!.- nm'i SI i ■ ii Ii m *' time of peace without consent of Par]ianf>ent. ** This consent, b}' an invariable and wholesome *• usage, is given only iVom year to year; and *' its necessity may be considered perhaps the '* ni03t po we rial of those causes which have '* transiened so much even of the Executive " power into the management of the two Houses *• ol Parliament." No sucii system of checks and balances to protect from Executive usurpation oi popular rights can bo found in Upper Canada. The class of persons who are in favor of elec- tive institutions contend, that they were found to work well in the old North American colo- nics while in a colonial state that the people of Upper Canada are entitled to the enjoyment of institutions equally free with those enjoyed by the old colonists during the time they were colo- nial, and under British protection — that few po- liticians arc now found contending that these continental colonies, capable of containing a large popnlation, will for a long series of yeara be required to submit to the inconveniencies re- sulting from perpetual interference by the Home Government in their internal concerns. That in the House of Assembly many useful bills arc proposed and carried for many successive ses- sions whicli arc continually thrown out in the Le- gislative Council ; of which the return moved for in the House of Commons by JNIr. Hume and appended hereto gives particulars np to the year 1832 — that it is the wisdom of the aristo- cracy to try to make the people fearful of theni- sclvee, by raising idle cries about loyalty, repub- licanism, jacobinism, and revolution — that birth, office, or peculiar privileges ought not to give to a few superiority over the many — that the ler^i??- latirc council neglect and despise tliw wishes OW CnipVANCF.S. ^^^"^ of the country on many important niattcrs which ^. council elected l^y the trecliolders would jiot — that the people, if united in claiming their pri- vileges to constitute the second branch of the legislature, would obtain it, and that it is weak- ness and wavering among their representatives which alone can niake them timid, as to claiming the enlargon^ent of their libart^es-rthat the pre- judices of early education, borrowed from books Written by or under the authority of pensioners and salarjod lawyer^ who have with one voice endeavoured to lull the people into the very er- roneous belief that the union of church and state and the wisdom of former ages in devising great privileges for the peerage arc the causes of the greatness of England, wlule in truth it is owing to what slie has saved of popular institutions — that elective institutions are the only safeguards to prevent the Canadas from forming disadvan- tageous comparisons between the condition of the colonists and the adjoining country — and that the crown of England, by its niinisters, exercised no patronage in Connecticut and Rhode Island ; none in the other Now England States, save the appointment of a Governor ; none in the proprie- tary governments ; and tliat lienre there is no dif? communications with tl^e Colonial Depar^-> lU'^ff convcr/ tlie same sc!itimont. X'^XVI nr.ioiiT mi'- i fh M; ., _Tlio following is iin extract of a despatch from His Excellency Sir Jolin Colborne to Se- cretary Sir George Murray, dated York, Upper Canada, 16th February, 1829. " With . respect to tlic constitution of the executive and *' hvjjishitivc councils, on wliich subject yon require inforina- " tion, it is evident, that whatever persons may be appointed " members of the executive council, there will be a consider- " able dej^rco of jealousy existing in this limited community " of tljcir influence and authority ; ihey must necessarily re- " side at York, and will seldom be able to accept the charge ■' without holding other ollices under ihe crown. On many "accounts it is very desirable that the Chief Jastice should •' retain his seat in thi; executive council ; but there can be no " doubt that occasionally he must, as a judge, be led too deeply " into the political affairs of the colony. " Composed as the legislative council is at present, the pro- *' vince has a right to complain of the great influence of the " executive government in it. The legislative council con- " sists of seventeen members, exclusive of the Bishop of *' Quebec ; of those, from accidental causes, not more than " fifteen ever attend to their legislative duties. Thus, out of the " number generally present, six are of the executive council, *' and foin* hold offices under the government ; I have there- " fore intimated my intention of recommending to His Ma- " jesty's government to increase the legislative council. " It is exceedingly dilT'icult to find persons qualified for it ; " but if about eight or ten more can bo selected from difler- " ent parts of the prrovince, and the majority be considered " independent, there can be no good reason assigned for cx- " eluding the executive council." In the return to the house of commons, from which the above extract was taken, it is noted that " Since the date of the despatch, the " Right Reverend Dr. Macdoneli, Roman ca- " tholic bishop, and John Ehnslcy, Esquire, two *' additional members have been added to the " leijislative council." Of these the first named has a pension or allowance dtiring the pleasure of\J»c colonial department, and the last left the executive council, declaring that an independent minded man could not be there. o^ iritof the constitutional act, sub- j(3cted in the most injurious manner to the inter- Irrences and interdictions of a succession of Colonial ministers in England who have never visiUHl the country, ami can never possibly be- come acquainted with Ihestat*^ of parties, or the conduct of public fnnclionaries, except thrr-igh odiciul cli:innels in the province which are illy calci-ilatcd to convey the information necessary to disclose ollicial delinquencies and correct public abuse!*. A paiufid experience has proved how impracticable it is ibr siicli n succession of strangers beneficially to direct and control tbe affiirs of tlje people 4000 miles olT; and i)cing an i-.npract!! a'>le system, fidt to be intolerable ^ nt nr.vtniT ■■ilk i'."C' St' m • by those for whose gacwl it was profeyscdly in- tendcJ, it ought to l)e abolishccl, and tlie do- mestic institutions of the province so improved and administered by the local aiil''.oritivJs as to render the people happy and contented. Such appears to have been the constitutional liberty conferred upon ns by the 31st Geo. 3rd eh. 31, by which the British legislature enables us to preserve '* tho peace, welfare, and good govern- ment of the province," reserving to IJis Majesty, as the head of the empire, the power of* disol- IjOvving any colo'ual act incompatible with na- tional treaties, with the rights of any other colo- nies, or with the commercial or general ititerests •f the empire. Such a system of government, se- curing to the people inestimable blessings, would rather durably enlarge than impair the commercial relations with the parent state, in exchange for which we receive protection; and could in no wise prejudicially affect any bene- fits now yielded to her, except the loss, if loss it can be called, of that patronage the partial and impolitic distribution of which has ever proved unsatisfactory and injurious to the colony. It apears to your Committee that it is more important than legislation, rendered fruitless as it is by the Legislative Council, to adopt such measures as are likely to ensure such an altera- tion in the system of our public afluirs as seems indispensible for the peace, welfare, and good government of this important part of His Majes- ty's dominions. The history of all colonies shew that there has been too much inattention in the British government in the selection of Gov- ernors, it being consijered a matter merely of patronage with the colonial minister, in Dowjiing Street. Men, from tlie too long possession oi ON URIUTA:NilM. xu lucrative power, whatever at first might be tlicir relative suitiona soon acffuirc a coinniuuityof iu- tercsts, and tlins identified in llio ourpoHe of Biis- tainini^ o;ich oilier in olHce, ihcy nave in tlii» pro- vince mndc common cause against that redress of our jjrievani'.es, and that conciliation of the public mind, and that economy of the public wealth, which are equally dictated by justice and wisdom. Although the members of the Executive Council seem from; their own account to rendei no benefit to the country, receiving howe- ver a salary from it, yet a "^ry diiferent duty is imposed upon them by the 151st Geo. 3rd, chap* 31, called the constitutional act, from which if appears they are appointed expressly to advise His Excellency u}x)n Ibe aft'airs of the Province,. This they have never done satisfactorily. As far back as the first Session of the lOtii Provin- cial Parliament, the House of Assembly expres- sed their dissati-sfaction to His Excellency Sir John Colborne in the most constilutional mode* of doing so, at the opening of the Session of the* Legislature ; and in the follot\ingyeur the same- sentiments were again frankly conveyed to His- Excellency in the answer to His Speedi fromi the ^riirone, by a salemii declaration tliat tbjc' Executive had long and deservedly lost the con- fidence of the country. In the hope of their just and constitutional wishes being attended to, the people patiently waited for relief, but the relaxation of their vigilance which some re- maining confidence in His Excellency \mhappily produced has only served to bring disappoint- ment, and to afford a farther o[)portunity for the accumulation of the abuses which pervade alt' oui; institutions. The grewing condition of this part of the Em- AssEM. No. 21. p XLII REPORT pire, in population, wealth and commerce, requires there should be an entire confidence between the Executive and the Commons House of As- sembly ; and this confidence cannot exist while those who have long and deservedly lost the es- teem of the country are continued in the public offices and councils. Under such a state of things, distrust is unavoidable, however much it is to be deplored as incompatible with the satis- factory discharge of the public business. When, in the year 1831, His Majesty was gra- ciously pleased to suggest a further provision for the civil list, which the Colonial Minister required to be made either for seven years or for the life of His Majesty, the terms of the proposiiion were not candidly submitted to the Assembly, and notwithstonding the strenuous exertions of those who desired to make no provision at vari- ance with the spirit of our constitution, the ex- ecutive influence in the Assembly succeeded in carrying a measure for a permanent and extrava- gant supply, popularly called " the everlasting Salary Bill," while the liberal and gracious terms proposed by His Majesty on the subject were concealed and known only to those who feeling themselves to be above responsibility consuma- ted a measure which has spread universal dissa- tisfaction and distrust. If this undue and im- politic concealment was practised from any pre- tended apprehension that a just provision would not be made for His Majesty's Government by His Faithful Commons, there is nothing in the history of the country to justify it. and as it en- croached upon the constitutional privileges of the Legislature, there is no language of censure too strong against it. It i« not this act alone of which we complain, though it may serve to illustrate our condition, 1 i t ( \ F 1 ON GRIEVANCES. XLIIf but the whole iyatem hag so long continued vir- tually in the same hands, that it ia little better than a family compact. Abuses have grown up so as to be interwoven with every thing; and these abuses are concealed, or palliated, excused and sustained by those who are interested to uphold them as the means of retaining office for their private, and not for the public, good. Hence it happens that the most gracious in- tentions emanating from His Majesty's govern- ment at home are frustrated by an interested opposition in the colony; an opposition which seldom reaches the knowledge of His Majesty, or His Majesty's Ministers in England, aUhougli felt most injuriously by the people. It did in- deed lately come to HiS Majesty's knowledge from the unprecedented conduct of the whole executive and official departments towards Hii Majesty, when they received, during the late Par- Hament, the plainest and kindest manifestationji of His Majesty's justice and liberality, conveyed in the most gracious manner through the Des- patch of Lord Viscount Goderich, now Earl of Ripon ; which illustrious stateman His Majesty had wisely placed at the head of Colonial affairs. This highly important document, connected with Mr. Mackenzie's negotiations in England, con- taining His Majesty's pleasure upon many im- portant subjects, and making many valuable con- cessions to the wants and wishes of the people, was publicly treated in our Provincial Parliament, by men in office, with an indignity as ungrateful as it was unbecoming, and they even attempted by their votes, happily outnumbered, to suppress the despatch by returning it to Hia Excellency who was directed by the Earl of Ripon to make it public. On the 24th day of January, 1833, in thj3 House of Assembly, it was moved in amendmeat i:. ft: il 11 1^ m ■;? flBkl ! ":' ,'.l ■«■■,; i^^H 1 1 II ■1>'' 3tf,1T hkpout to a motion for printing the despatch and docn- merits, (in accordance with the wishes and in- «tructions of the uohle Karl,) that it he ** Resolved, that it is expedient to address His Exccilcacy the ** Liedtennnt Governor, thanking him for His Message of Sa- ** turday last, and assuring hiai that tliis House is,dnly sensible *• of His Excellency's anxiety to coninwnicatc whatever in- *' formation he may consider important to the welfare of the " Province, and informing His Excellency, that this House, ■*' for the reasons set forth in the foregoing resoiutioiis^ is un- *' willing to place on its Journals the documents sent down by ** His Excellency ; and requesting him to allow this House TO *'KETURN THE DESPATCH OF LORD GODE- ** RICH, and the accompanying documents to His Excellency." The House divided on this amendjncnt, and the Yeas an(} Nayi Mrere taken as tullows '. YEAS. Att'y Gon. (Boulton)A. Eraser, ftorc/,y, D. Macdonald, Urown, JNIc Martin^ BurwcH, McNeilledg^, Crooks, Morris, Elliott, Robinson, fJhade, Solicitor General^ (Hagerman,) Thomson, John Willson, WilliaiuWilso«-17, NAY«. Howard, Jarvi«, Kt'tchum, Li'wis., Lyon, A. Macdftnald^ Norton, Perry, Randal^ Roblin, Samson, Shaver, Vankoughnet, White— 22. JBidwell, iiuell, Campbell, Chisholm, €lark. Cook, Duneomlie, Hornor, From thi« 5t appears, tlmt the two Crown officers, and oth^r pubHc officers, were in n mi- nority of five in an attempt to Rend The Df.s- PATCH of Lor^l Goderich back to his Excellency, Tlie same conduct was pursued by tliem upon all the divisions upon that qujestion, as will he ««en by a reference to the Journals of that date, Tl>« Crown Lawyers and other officer! hxul O'Hi 4;RIEY4XCE8. XLT directed tlieir objections both agairttt the det- patch and the documenis which accompanied it ; nor was Lord Goderich personally spared. All the members of the present Executive Council joined in an unanimous vote in a similar expres- sion of censure against this communication of His Majesty's pleasure. Nevertheless they still continue in the service of His Majesty over his Canadian people, who have on various occasions utterly renounced and disclaimed these indeco- rous and impolitic proceedings. Thus was ex- hibited ill the Provincial Legislature the political phenomenon of men repelling in an insulting manner the gracious concessions of their Sove- reign and presumptuously interposing between him and his people as an insurmountable barrier to his royal benefactions. On another occasion, the same disregard of the views of His Majesty's Government was openly practised by the repeated expulsions of one of the members for the County of York ; and altho' the latter expulsions were effected against the case of Mr. Wilkes in the British House of Commons, agr jvist the well established law of the land, and ajrinst the well known judgment of His Majesty's ii vernment, officially commu- nicated by a Despatch to His Excellency, and by His Excellency communicated to Mr. Solicitor General Hagerman ; yet in this open and uncon- stitutional invasion were found the Law Officers and various persons favoured with His Majesty's confidence, by holding offices of honor and trust during pleasure. And on a late occasion when the present Parliament voted the above proceed- ings, by a vote of 28 to 7, to be expunged from the Journals as subversive of the liberties of the whole body of the electors of the Province, Mr. Hagerman was found, with others, in the m'nori- KLVI REPORT 1^^' .t.y against their obliteration, altho' the only rfi- trjbution that eould be made to the injured con- stituency of the country. We, by all means, con- cede the undoubted right of the members of both branches of the Legislature to vote independ- ently as they please, but we deny the expediency of allowing the justice and executive duties of His Majesty to flow through such unworthy chan- nels, and thereby weaken the confidence of the people in the sincerity of His Majesty's Govern- ment. His Majesty's Government, after much consid- eration, procured the passing of a law in Lower Canada, for the purpose of raising a fund for the relief of destitute emigrants ; after which, all the Executive functionaries in this Province were active in getting up addresses at public meetings against the measure as impolitic and unconstitutional. And while His Majesty waa anxious to preserve harmony between Upper and Lower Canada, the same public characters agi- tated questions and measures, (such as the an- nexation of Montreal to Upper Canada,) which threatened the dismemberment of the sister Province against her consent, and to ©ngender between the two Colonies ruinous animosities. This is a state of things which, the British nation, it is presumed, cannot desire to perpet- uate against us. After the right was conceded to the present United States, at the close of the Revolution, to form a constitution for themselves, the loyalists took refuge in this Province ; and, by an act passed in 31 st year of Geo. 3. thoy received the charter of their liberties, conferring upon them a constitution for their peace, welfare, and good government. His Excellency, Go- vernor Simcoe, was entrusted with the duty of putting it into operation, and in the first speech ox (ailKVANCES. XLTIF delivered by him from tbc throne, he made the* following memorable declaration : — " I have " summoned you together under the authority of " an Act of the Parliament of Great Britain, " passed last year, which has established the " British Constitution, and all the forms which " secure and maintain it, in this distant colony. "^ And upon closing the same session he said " I particularly recommend to you to explain " that this Province is sinmilarlv blest, not with " a mutilated constitution ; but with a constitu- " tion which has stood the test of experience, *• and is the very image and transcript of that of " Great Britain." It is reasonable for the people to desire to see these declarations from the throne, recorded on our Journals, faithfully observed by those in the confidence of His Majesty, and that these insti- tions may be made such as will secure to them their civil and religious liberties to their just ex- tent. This country is now principally inhabited by loyalists and their descendants, and by an accession of population from the mother coun- try, where is now enjoyed the principles of a free and responsible government ; and we feel the practical enjoyment of the same system in this part of the empire to be equally our right; without which it is in vain to assume that we do or can possess in reality or in effect '* the very image and transcript of the British Consti- tution." The House of Assembly has, at all times, made satisfactory provision for the civil govern- ment, out of the revenues raised from the people by taxation, and while there is cherished an un- impaired and continued disposition to do so, it is a reasonable request that Hie Majesty's advi-cr in the province and those about him should pos- ;i mm XLJIU KKVORT m ;»,''■ •■'E'-'' Bess ami be entitled to the coiilulence of the peo- ple nnd their representatives, and that all their reasonable wishes respectin"^ their domestic in- stitutions ami affairs should be attended to and complied with. Your Commttee would respectfully recommend that, besides the usual number for the Journals, a large edition of this report, with tlie^vidcnce and other appended documents, should be printed in a portable form^ as early as possible, and distri- buted among the members of the House, for general circulation throughout the colony.— And, as the affairs of the Canadas will pro- bably occupy a large share of the attention of the Imperial Parliament during its present ses- sion, it might perhaps be advisable to transmit to London a certain number of copies for distribu- tion among those members of the Legislature who take an active interest in Canadian affairs. ■ hiA. :f\%\ri'n- W. L. MACKENZIE, ,^ . ClIAlU»IAN. T. D. MORRISON, DAVID GIBSON, CHARLES WATERS. Committee Room, House of Assembly', 10th April 1835. itt.,''f' -;1 ORDERS Of the IToiixs relative to the furefyainf^ Rrport and other Documents to be i^rintcd ia this form. '• Ordncd — Thnt, bolides the usual copies for the Journal, two thousand copies of the Report ou Grievances this day presented to the IIoii.se, togofher with the Evidence, and the Report and Evidcuce iu the case of William Forsyth, with the address and answer, be printed iu papiphlet form for the use of Members and that the Clerk be directed to address them to the Members, with the BilU on Trade, Sec. formerly ordered to be printed dur- ing the recess." Truly extracted from the Journals of the Assembly of Uppev bauada, of tlic 10th April, 1835. JA3IES FITZGIBBON, Clerk of Assembly. Mr. Mackenzie, seconded by Mr. Yager, moves that the Clerk be directed to prepare at the close of the present Session, lists of the titles of all Bills, which having originated in this Ilovise during the hist or present Sessions of the Legislature, wen i ejected or declined to be acted upon by the Legislative Couiicil ; or wluch, having been so sent up were altered by the Legislative Council so as to cause their subsequent rejection in this House ; or which having originated in, and been passed by the Legislative Council, were afterwards rejected by this House; stating also the titles of any Bills wliich being passed in the Le- gislative Council and AGf;rniIily, are refused the Royal assent or reserved for the consideration of His Majesty; and that such lists of titles be ai..iexed to and printed with the last Report of the Committee on Grievances, as ordered by the House to be print- ed in pamphlet form, as also the Leeds Ballot liill, with the votes at its passage ; the Bill to amend King's College Charter, with the votes ; and the General Education Bill from the Select Com- niitlee on Education, with the votes. Mr. RoBrNSON, seconded by Mr. Morris, moves ir. ameud- ment, that all after the word "'moves" in tho original motion, be expunged, and the following be inserted : " That the order for printing two thousand copies of tlia last AssKM. No 21. e '■¥:■' III V ,>. -i' 1 r t^ " Brport rn GilsYnti«eg be rescliuleu. niicl tlinl ilii »y'n] Report " I)fi not cutercd on (lie Journals of this J louse.'' On the question of amcndmotit : C-Mxvr]], i\IrTifan, r?rtl)ii].«on. Cornwall, JMactiab, Uykorf. Mrrrnp. Malloch, Solirifor GptirraJ, McUonell r f r.'Ien- Mrriitt, Tnvjpr, qan-y. ]M()irif;. M'alsii. McDoriplI nl ^Xorlli- Iliclinrdson, WilkiiiEfin — 17. iimherl iiul, NAYS Aln-ay, MrTnto'di, ?:hil.!ry. Jlrucp, Marlzip, Tliorbiirn, Chishoi'm, JMr^lirking, >Vator<», Cook, jMoovp, \\>Ils, Dnnrnmbe, Cha*. Morrison, Wilson, Ptirnnd, Torry, AVoolv(!rfon, (libsnn, R()i)lin. Yager — 2^). (Jilchiist, Ryr.ial. 17 ■|Ioj)kiiiS» Siiavcr, R Question ]o5t, majorlh' eight. In amcnilrnrnt to t'lc ori^ina] qne.'-tion, Z^r. "^'cvvl^, «Pcrin(IfEUs. Ou i.U» vi'i'^'mA t{uui>Liuu : Ahvuy, J'riice, (^liisl)uhii, hiiraial, (lilcljt'iitt, ilupkius, 3IoCiue, Coriiwall, McDoiicll McDouell of Gkii- ol' Koith- uuiL)CilaiiJ. YEAS. Mcliituy'ii, ]Macl\«iizi«, McMicUiii^, Malioch, Muojc, .Morris, Muiiisoii, I'ou V, lluljliii, li}iiiul, NAYd. Macuulj, Motritt, luc}iiu'cl: ■ mII'' ' m. «■ "if'*',' i^ l« rt Vt APPENDIX TO 7tli REPORT 0.\ CaCIEVA>€£«. I£I1T"JTES OF ETIDSnCE TAKBN BEFOBF. THE Select Coimnittee on Cjrieranccs, To whom iras rrfnred Lord Godrrich''s Despatch of the ' Sfh November, 1832. THURSDAY, February 5th, 1835. WILLIAxM LYON MACKENZIE, Esqcire, In the Chair. Lieutenant Colonel WILLIAM ROWAN, Secretari/ to the Lieutenant Governor, called in and examined. 1. Whose businoss Is it to make out this return 1 [The rHturn of the names and the offices held by members of the Loj^lhlcnive Council and Assembly of Upper Canada shewn to witness.] — It was made out under my superintendence. 2. The first name of a member holding office is that of Mr. Boulton, then Attorney General, — Why are his salary and allowances set down at £300, when it was well known they amounted to four times that sum ? — I would rather not answer that question, without seeing the original returns from the diffi3rGnt officers. Additional Remark. — I now find that no further provision was made by the Legislature for the At- torney General until the 13th February, 1833. 3. If a member of the House of Assembly, holding office, makes an incorrect return to the Government, does the Go- vernment office correct tha error! — Certainly, tf knowrt to mi ■' 'i' ;:J f It -. 1 fill fr> JLvili:ncl oi-" '»■' ■ji. P m.' ht» iuwwrrct.-t. Tiiu cu:>a ul'^Ir. liuiiUuu wui uu tin'tir aitU diit- vuvw'i'uil ul'tur tliu ruUinu wc^ru piiiitcJ. n. Ciiii yuu iiiforui ilic Cuuinitleu wliy tlu^so rttiiMi.s \vf;r« so loii;^ dclayod ! — I ouiiiiot tell why, c'Xfc|)t tliat it t()i)k. u very CMusiJciiuIjlo tiiuo to colloct the rutiiius iVuiii tlio diilur- •iit ofliccrs. They woro truiiiiiiiticU oii llio -^ih iMurcl;, 18; {-J. a. lliivo Ml. IJowItou and liis clilldnni ncvor received liioio tliaii Olio aero of land in Upftor and Lower Cuuudu I — 1 caniiut say, cxcejit hy ri;iLTriiii^ in lii.i own rctui ii. 0. Did not iMr. liurvvcll hold ilio ollico ol' Deputy Tost Master ui I'ort Tulljut iu 1SJ2-J? — 1 cannot iuy. 1 Jjcliuvo lie did. 7. Mr. lucliard D. Fiaser's emoluments as collector of rii'jlonis at Juluislown and lirockviUe are hot ilown at £13:J (Jj.Od. — Do yon knovv on wliat data that return is niudt> out I — On lu.> own return, 1 believe. No colltctor can iccoInu inoru than J^IUU a y<.ar j)er ceijta;;t!. 8. V»'as not the oilico of Cu^toin llonsc Officer conlcrred on Mr. Van lvoLi'j;hnct, while ho yet remained a memhcr of th« Absemhly, Hiid coniiiuied to sit ani vole llioroin? — It wui — hu was appointed in OtioLer, looi*. [). Loid Ciouerith refers to llio annual returns of tln^ ofaciwl c^iubli.-.hiiicnl (jf t!iO Colony, as a jiroot' of the smallnos>« of ll;e iiiconies of liic [inLlic ofncors and the inijioosiLiilii^ iliat it should interfere with the freedom of eloclioii.-> — can you pro- duce these returns to the commiiteo I — 1 cannot produce any rcUurns without permission of the Kx(?cutivo Govi.runi'.iit. 1 do not think there is any ui^li to wilhliuld iheii). 10. Arc not the lalo elections in tho city of Toronto, autl the elTorts made by iMr. Sherilf Jarvis, a hi'^h salaried oflicer, a prool' of tliD justness of the complaint alluded to in Lord (jodcrieh's tlcsj'.atch " that public olficrrs aio enabled, by their sU|)erior inlluenco to overpower, by a lavish and coi- rupt expenditure, those who have no other rcconimendatiou than their own personal chaiaclcrii '!'* — I uni nut picpuicd tw say. 11. Docs the Governor alone, or the (jo\criior in Council, aj'jioint tho Collectors of Customs, and Excise OlLcors of the Colony 1 — The Lieutenant (Jovcrnor alono ajipoints these olltccrs, genciully upon the approval of lliO Inspector Ge- neral. 12. Did JMr. K. D. Frascr pxtiiion or Jifply for tho OlV.ce of Collector of Customs, or on what prounos was it given liiin ? — 1 cannot soy; he was ?]'iJoinlcd Ici g belcic 1 tama to the province. 1-J. Vv'as not iMr. leaser a nicnibor of the Asicnibl\ fl ill tl li:?.vT. Col. Ho'vav. J^ f.tro roiiMtr wlirn lio rrrrlvcd tlie njvpolntmpnt of Collector of liio Cit<«to;in ? — r (to not kno^^'i 14. Is it no pnvt of tlio insti'Mftions of ihr Covr^r^iinnnt to tlio rollfrtors of c'lstnms t'lnt tlioy sinll personally nttond to the p'^rformnnro of tlirlr tliitirs ? — I nm not nwnre of wlint. in=!triiction«: nro cfivrn ; tlioy rcccirc tlieir ins»ruction« from tli'^ Insprrtor (icMiornl. I.'). It is stated t!i;it Mr. Ilarffrmnn perform"; tiie «liify of r^jliritor General in person, — Iiu was n!)sont a year in I'mr- lanrl, of Mr. Cameron, t!ie ^alar}' is continued by a re- cent 0' ^f the Secretary of State. 17. .... William Ciiisholm is put down In this rrtu*-;! r^^ holding the otTire of Dej)uty Post Master ; has he not lately been appointed Collector of Customs at a place distant from lii'^ post ofllce ? — lie has lately been appoi'itcd Collector of Custom' at Oakville. IS. Is he not a merchant trading: at that place, and Im- portin;; pjoods ? — I do not know that he is a merchant. 10. Is it fit that a merch\nt sliuild be his own Collector of Customs 1 — I am not prepared to give an opinion on that suhlcct. 20. When appointed Collector, v/as not Mr. Ciiisholm n known candidate for the office of nieniher of the Provincial Parliament in conjunction with his Post OfificcT — 1 cannot say. 21. Tn what manner arc Tintlces of the Peace appointed ? — ]Jy his Kxcellency alone, anrl not with the advice of the Kxcciitive Council. I am net aware whether ho takes the ad- vice of the Executive Council upon that subject. 22. Why is It that petitions of the inhabitants for tho ap- pointment of Justices of tho Peace, arc often unanswered and neglected ? — I cannot say. i?3. What mode is adoj^ted for the selecilon of rteturnlnj; Officers for counties and towns ? — T cannot say. 24. As Civil Secretary to the Lioutcnant Governor, do you take an oath of oTice ? — No. 2"). As such have yon a Commission, or in wl.at wav aro you recofrni/etl as a public olTicer, e\ceptby the charp:e tran?-- mltted for salary 1 — I am considered merely as a private con EvKDEXCC e>F 5f ii^l m 'M V :iij- , •■'■■ fidontial Secretary to t'"e Lieutanant Governor, T hold no commission as such, at tlio same time all communications pa^s through me. The appointment is notified in the Gazette. 26. Under what authority are your duties regulated 1 — By tlio orJcr of the Lieutenant Governor. 27. Wlien was the oiTice of Civil and Private Secretary established ] — \ do not know. 28. Are all the desputches of the Home Go\ srnnient duly cnregistercd in your office when received ? — They are not re- gistered in any way — they are all kept either in the office or in the Lieutenant Governor's possession. 29. Were there nat other Despatches following those of the 8th November, 1832, recommending certain changes in the Executive Council t — I am not prepared to say, I only see such despatches as His Excellency thinks fit. 30. Is all the correspondence of the Secretary for the Co- lonies, with the Lieutenant Governor, submitted to the Exe- cutive Council or only such parts of it as ha may think proper? — Only such parts of it as he may think necessary. 31. How would you act if required to give evidence beforo the House of Assembly, or to depose iu any of the inferior Courts respecting Despatches which you had seen ? — From the confidential situation I hold, I should not feel warranted in giving any information relative to Despatches or parts of Despatches passing through my hands. 32. The House of Assembly addressed the Lieutenant Governor for full and detailed accounts of ihe Casual and Territorial, Canada Company's Revenue, &r. for tlio years 1826, 1827, 1828, 1829, and 1830, after Sir P. iMuiiland sent an account, and were told by His Excellency that if ho got permission from the Home Government ho would furnish the accounts. Permission of the fullest nature has been long given, yet the accounts arc withheld — why is this ? — I cannot possibly say why they have not been sent ; I do not think there is any wish to refuse such infoniiation, when applied for in the usual manner. 33. The House of Commons twice addressed His Majesty for a statement in detail, shewing v/hat pa^'^monts had been made in 1831 and 1832, to Bishops, Rector^, Missionaries, or other religious teachers in Upper Canada, whether of the Churches of England, Rome, Scotland, or any other dcnon)i- nation. Why are these returns still kept back l — They wore transmitted to England on the l9th September, 1833. 34. Have the returns required by the House of Commons respecting the clergy of the dilfereut denominations of chris- tians for 1831 and 1832 been sent to Eni^land ? — (See answer to last qucsiiaii.) Ijieut. Col. Rowan. .'•5. \V<' sfo, in the C.iniula Company's returns, a pension entered of £tOO Sferlint^ as pr>yal)k! to Mr. Chewelt of the .Surveyor G'-Mienil's Ofiice— h [)e sion of £400 to Colonol Talbot — a pension or allowance of £500 to the Bishop of Kciiopolis — a pension to 8ir D. W. Smith in England of £200 — a pension t'l the family of General Shaw of £l(X)— a salary to an agent here for the service of paying these pen- sions and other sums. These payments are made from the public reveiuu; of this colony. By whose authority are they so made ? — No pension or allowance js paid by warrant without tlie authority of the Secretary of State for the Colonies. 36. Do you not consider the custom of pensioning the Judges to a larjTo amount by order of the Colonial Office, out of the Upper Canada revenue, & without reference to the Provincial Legislature, destructive ot the independence of the Bench in a great m -nsure? — I am not prepared to answer that question. ;J7. Is not the appointment of Public Officers and Magis- trates by an Irrc'sponsible Kxernlive (rovernn)ent, destructive in a great degree of the power of the people in the constitu- tion ? — 1 am not prepanul to answer that question. -JS. Ili)w can a Bench of Jiidyfes, dependent on the Colo- nial Oilice for their customary retiring |)ensions, and indepen- d 'lit of the House jf Assembly, act impartially between the p irties in cases where a colli>ion may arise between the L'.'ilislative and Execinive Dej)artments in this Colony, or b T^votMi the Briiisli Statutes and the Provincial Laws ?— I cannot say. •I!). What nnmher of clerks and servants are employed in y )iir office, and under what authority are they so employed, h-h1 their Inconn's regulated ? — There are three regular clerks iiud two ni 'ssiMigers, appointed by the Lieutenant Governor ail provid ' I for by t'l > L'"rislatiii:(% a-id one extra clerk, on accoiMil of tlie increase of public business in my office. 40. Who ni.iie out the return to the Home Government of th.' Civil ExpcndiluK? for the year 183f) ? — f cannot say. 41. VVIier..' are pu!)lic balances in tiie diirereni departii^ents deposilod, and what may he the average amount deposited, piviag no interest? — I have no means of answering that (|i '-iticn — probably tlie public accountants could give the iMloruKition. 4"^ Is tiie unvernmiMit in the hal)it of authftri/.ing the sale of laii'! blocks of Imd to iiidividiials ? — 1 am only aware of one in f met) ill winch aulliuiity was received fioni the Colonial SLMTciarv. 4 {. Ill whit office is the " Hi-le Book" made up? — Tor tlie last two y(';ir>, U ii.is bren made up in the Ofiku of thw ib.-SL M. .Nu. :i. 11 6 Emdf.n'ce of IMt Secretary i»ntl Rej;»strar of the Province, wlm is responsible for its coiiTctness. 44. What are your emoluments and salary ? — Siikry £208 68. 6d. — Fees for 1834 about jC(iOO currency. 4.'». la the return made by His Lxcellency to England, Mr. D. McDonald i» returned as Treasurer of 1 he Ottawa District — Mr. Buruhum a member of the Legislative Coouoil, and Trea- surer of ti»e iNuwcastle District, ib reported in Ilis Excellency's return as havinj^ no office. Why is the fact as to Mr. Burn- ham not stated? — The return prepared for the House of Coni- Qions was made out from returns furnished liy each member of the Legislative Counciland House of Asseinljiy — on referenco to these returns it appears that Mr. McDouuId stated t-hat ho was Treasurer of the Ottawa District. Mr. lUirnham did not mention th.ait. hn was Treasurer ot the iNow castle District. Thp.a4){)oinjtmenjt docs not rest with the Executive Govern- ment. 4(i. In the Blue Book for 1830, the salary of the civil or private Secretary is set down at £182 10s. and no other feea arnd emoluinentSs In.thc account sent to tl>e Assembly for the same year,, jEi347 of tees aiul emoluMients are added to the £182 10s. Who compiled that hook, or from what sources of itiforniation was it compiledr^oand can the above ditTerence be explained ?^ — ^^The amount of fees of the private Secretary for 0ne year can never be ascertajiypd for some months alter tho expiration of the year, when the returns are collected fron» the ditferent issuers of marriaye licences throughout the Proviuce; thus tlie returns sent to the House of Avssevibly at tho cotn- mencement of 1831, could only contain an estimate ofi tlte amount to be received tor 183(h. Fntconseqiience of the sudden death of the Private Secretary in June 1831, wiiile tlie Blue Book for 1830 was in picpuration unden his direction, the amount of his fees for tliat year couUi not be a-«cerlained^but tho amount for 182!) was inserted in tho Book fur iliat year- 47. In tlie Blue Book tor 183i), the ihconu; of Thomas Kirkpatrick, Collector of Customs at Kingston, is set down at £282, and no more. In the account signed by Mr. Kirkpat- rick himself, and sent to Lieutenant (iovenior Colboriie to be laid before the Assenibly for that year,* his iiiooiue is set down at £30(>, stL^ — Whenre arises this diiference ] In the account transmitted by Mr. Kirkpatrick, CoMcrtor of Kingston, t(« the (iovenunont oilice in 1N31, he-iitaled the ainittiiit of his per centasro, fees and portion of sei/.iires for llie year IS.jO, hi £.')()2 2s. 4d. the sum stated in the journals of (he \>M-nibly is £-">(>2 0», (id. The n»islake ciin only be uicoiiiifcd lor liy an error oi' the Clerk in cofiyiiif: the figiu* «. % See Assembly's Journals, 18;>1. LiEir. GoL. RowAv. 4^. The niuH Book, 1S30, mentions £936 lis. 4d. as si^? larv anro« }»c*rly coiiic under the head of salary or emo1um|»uts. (See th« note to tin; return in the Jp^iirnals of Assembly, for 1831.) 49. W'iiy is it pmittod to be stated in the Blue Book fe^ 18 JO, tliit iMr. Wm. Ilandsj in addition to the offices of Dis- trict Judiri;, lli'^h Sheriff, Collector of Customs and Inspector of Tavcra and Still Li censes.,, held tli.e other offices of Treas- urer of ilio Countie* of Kent and Essex, Surrogate Judge, and l*ost ^^l ter of Sandwich ? — ^Mr, jHahda has not at any time boon JiidjH of the Western •pist;;ict^Cou.rt, .but of the Su.cro- gate C<)'.jrt, winch it is prespinbd was aiiserted jn the Blue iiook for iS')0. The offices of Treasurer nud Post Master boing Hpp(jintments held under the District Magistrates and Po't Master General and not , notified to the Executive Go- vernin'.MU are not required to be returned by the Secretary of Siiito. .50. ^ly were the Sheriffs of the Niagara, ^Western, and iK.tiJi/rst Districts, allowed to charge fees on land sales, hi'^Ver than iliose authorised by law 1 [We refer to Mr. Attorney General Boulton's Report, Assembly's Journals, 1831, pajTR 144, printed copy.] — It is not in my power to .answer that question. 51. Who compiled the return of tjie rCivil Establish^ ment for IS-jO, and from what sources was it compiled?—^ The Blue Book for 18'iO was compiled by the Clerks in the Office under the direction of the late Secretary, from returns furnished by the diffprer^t officers. 32. In the Blue Book, for V830, Mr. Dunn, the Receiv- er General, is reported to the ,Home Government as being in the recf.'ipt of £200 and no nioie. His own return sent to the Assembly through your office for the same year, is upwards Pif iilOOO ; why this differenced — It appears that in the yea^ 1820, th(! amount deducted by the Receiver General for his per rcntaire, was insertediin .the JBlue .Bp»k for that year, but in the book for 1830 the column under the ^eadpf fees ^w^s let't blank. This accidental omission may h.-ve arisen, either from a .s»!cond return not h?iving been sent in ^y the Receiv- er General in 1831, or from a supposition that the Bill intro- duced into the House of Assembly in January, 1831, for commuting tho per ccnti'ige and increasing the salary of the Receiver General might make an alteration necessary in the form of the return of his income. It may be observed, with I; 1 1 8 EvU^ENCE OF I- ■ ^ i t '' m% 'M iTff'i respect totliis omission, tliat in the rotiirns of 1S20 and l^-r'n, the income of tlic lloceivor Gjni'nil is si;iicil, and that about the period when tlio Hkie Booii ior ]S">() was transmitted a memorial was forwarded to tli«i L.)iti- i,\ \\h.- '! reu^iMy l)v ilic Lieutenant Governor froin y\\\ Dmiii, in wliidi all the tir- cumstances relative to the amount ol lii.s inrurue and the loss of the per centage were stated. [The witness withdrew.] ELIAS MOORE, ESQ., M. \\ \\ for the County or lMiDDLi:si;x, called in and cxamhud. 53. Djcvs not the inequality of the system of taxation of rateable property, cultivated and uuouliivatcjd, alVord just grounds of complaint on the part of the people \ — I think it affords just ejrounds for complaint. 54. Are the unsold lands of th(! Oinada Conjpany subject to taxation or road dues? — I cannot s;iy. 55. Have not the resident settlers, by the improvements thoy have made, and the llou-ie of \-;seinliIy, by its liberal grants for roads and bri l(;;es and in aid of inland naviiration, given to the public lands their greatly increased value as compared with 1792 1 — Yes. 56. Ought not the revenue arisinn from these lands to have been applied to the li({iii(lalion of the wnr loss clain)s, instead of increasing the public debt and duties on imports for that purpoye ? — Yes, that has always b(!en my opinion. 57. Is it just to the Baptists, Quakers, M-. iionists, Tunk- ards, lnde|)end(Mits, Seceders, and otlvr classes of Christians, wiiose spiritual teach(!rs receive no sliare ol the public revenue for their religious services, that the clergv of the Kirk of Scotland, the Catholic Bishop and CbM'gy, and the Mo thodist ministers should, without the sanction of the Legisla- ture, have a bounty paid ("or the performance of their religious duties ? — No, I think «)ot. 58. Would not tlu! British Constitutional system, by which the head of the Goverimient is oblisr«'d to choose his council- lors and principal oHicers from amoiiir t)ien possessing the con- fidence of the popular branch of the Legislaime, he n»ore suitable to the wants and wislujs of the country, if adopted in Up|)er Canadniv than the [trescnt irnssponsible mode of govern- ment ? — 1 think so. 59. Why have you formed this opininn ? — Because under the present system the peoj)le have no int3ans of checking misgovernment. 60. Was not tltc refusal of the Legi.sjativc Council of this Elias Moore, Esq. M. P. P. 9 Province to assent to the Assembly's bills, in several parlia- ments, for appointing conunissioners to meet those appointed by Lower Canada to consider of matters of mutual importance to both provinces, a [)roof of the necessity of a change either in the composition or constitution of the Upper House? — It ajipears to me that it was. (ji. Tlie undue preferences and exclusive privileges granted to certain religious denominations are much complained of— Would it not tend to strengthen good government if they were altogether abolished 1 — I feci confident it would. 02. Would not it bc:r Cuuada Ilevenuc, and witliout ref«r- *»ce to the Provincial Legislature, destruciiv(! of , the indc- pundence of the 13'nch in a great iueasure 1 — 1 do. 73. Is not the appointHKuit of public officers ,ai^,d ^n^gij- trates by aii irrespojisihle luxecutive (^jverniueiit dbstructiv,e in u trrent dcsfree of the power of the people in the constitu- liou? — ^^I thiuii it is. 74- How rail a IJoHch^fJui'lges dependent on the Coloni^il ofVice for til ir customary retiring pensions, aivd iwdepen Jud'ies ought to sit in the L#egislative Council? — May not tli« Judge be called oo in his Lf'gislative ca[)acity to pass opin- ion>< and enact measures of severity against the individual whom afterwards he may be called upon to try, as a judire, in the Courts ? — I think none gislative Couitcil. 77. Would not an active agent representinsi the wishes of the ppnple oi' <'pper Canada in London, he likely to i»e of great importance to the Cuinmercial and Atrriciillural iiiteiosts of the (.^olony ? — I think he would, if we could get one. 7Sil. Is there a hope that the Legislative Council and As- sembly, as now constituted, would unite- in the choice of such a |K!rs()n 1 — .No — I do nut think tlusy would, as now con- stituted. 7'J. Are you ofopinion that the misapplication of the public Revenue is one grand cause why hundreds of thousands of acres of wild lands had to Ixf sold, of late years, by Sheriff's jsale, far arrears of taxes ? — It is my opinion that it is. Jas. WiLsov, E,Q. M. p. p. II 80. Does not a vast annual additional oxprnec fall on the Provijire owinjr to tite continual rejection of Bills of a poneraJ cli;ira«(er seat tip by the lloose of Assembly rejected in thft L' i;i:slitive Council, and again introduced, debated and sejif up by the House of Assembly? — It does. SI. Do you tbink that if the magistrates of each district lind been responsible to the pt^ople, instead of the executive, that the monies collected from the sale of absentees' lands, woultt liave be©n more advantageously oxpended ? — I certainty ifiink they would. H2. Do you think the local knowledge possessed by tlie LieutfMiant Governors of this colony generally, sufficient to enable them to nominate independent men otherwise welF qualified to the office of legislative councillors? — I think not- S:J. The vote by ballot in elections is piayed for in many petitions both to th« Assembly and to His Majesty. What ift your opinion of this mode of vrttinjr? — I think it would be more congenial to the minds of my constituents. H4. Has any inconvenience resulted in your district frortt the selction of voting places at elections, and what plat't'S' wouhf yon recommend for your county t — There is great* inconvenienc(? felt in the present mode of holding elections — F wouUI recontmend St. Thomas' and London as the best polling' places — I think it would require four dii} s pollirg at each, lie county is *o very large S."). Do you think the Lieutenant Governors, of thenjselres, possess a sulliciont knowledge of the inhabitants of the several districts to enable them to select judicions persons as Justices' of the Peace? — 1 think not, judging from past experience. (The Witness withdirw.) JAMES WILSON, FOsq. M. P. P. (pen Prince Ed- w.vuu,) caUed in and eicainintJ'. S(). Has any inronvenience resulted in yonr District from- tin- selection of votiiiu |»!;ices iit elertions, wivd what places would you reronni)('t)() I'cr \ -i.t! (Oimty ?— I t!i»i.k "it would aoroMiiiH"'-!''/ li;'' pfopii' (.•*■ \\\<- Disfriot of Princ(> Edward if the El(( 1 "!i- ii) f'uinrt? vvcrf; to l.r leld at Ilnllowiil and Dc-- morestvill,', three days at each pliice. S7. Hiivc the niouics arising from the sale of ui!d lauds for assessed taxes, or from payments on surli nssessn.ents oij these lands, been i)rudently ex|)ended by the iMfiuiMrates in your District '! — I cannot speak particularly its to my own Di:siiict, but in iho Nuwcaitlc Dibirict the proceeds from 'I ■r 12 Evidence op i'f m^ i3 '^ 111 I wild lands sulos liave boon illcL'ally applied towards the erec- tiiMi at AiuliLM'st of a Court llousu and (iaol. 88. Do you think that the LicMitenant Governors of them- selves, possess u suflicient knowledt^e t>f the inhabitants of the several Districts to enable them to select judicious per- sons as Justices of the Peace 1 — No, 1 do not. I think a system of favoritism pnnuils in regard to such appointments. I do not think His Excellency is acquainted with the charac- ter of those who are recounn<;nded to him. I think unfit men in several cases are appointed and very worthy men neg- lected. 89 Does not the inequeility of the system of taxation of rateable property, cultivated or uncultivated, aflbrd just graunds of complaint on the j«irt of the people 1 — ^I think it does ; the industry of tlie country is highly taxed, while the Canada Company Keservcs escape taxation. 90. Have not tlie resident settlers, by the improvement* they have mwde» and the House of Assembly, by its liberal grants for Roads, Bridges, and in aid of Inland Navigation, given to the pul)lic lands their greallv increased value as com- pared with 1792 1 — I have always thought that it was the in- dustry of the people of this country that has given vaUie to the waste lands of the Colony. 91. Ought not the revenue arising from these lands to have been applied to tite liquidation of the VVar* Loss claims, in- stead of increasing the public debt and duties on imports for that purpose 1 — I think they ought — I do not think the inha- bitants of tlie country, who did not provoke the war with the United States, ought to have paid the war losses out of theit hard labours. 92. Are the Lands granted to the U. E. Loyalists as the re- ward of their services, of which the fu'st (iovernor ol'this Pro- vince makes honorable UKMition, \'r(n^ from taxes and road dues 1 — No. 93. Is not the natural depravity of the human disposition such, titat every Government, unless its measures are subfrct to the controlling ordeal oi' public opinion, has a tendency to despotism ? — I think it has. 94. Would not the British CousfitufiouHf system, by which the head of the Government is obliged lo choose his councilhirs and principal officers front anK)ng mv-ti |)ossessini: the cohfi- denceof the popuhir bramli of llu! Leirislalure, be more suit;»- blc to the wants and wishes of the C(mnliv, if adopted in I p- |>er Canada, than the |)n;seiit U'responsiljle form of Govern- nient ] — I have not the smaFlest tf*Mti)t of it. 95. Why have you formed this, opinion 1 — T have long been of opinion that men have been app«iuied in this Provinc; to jA>i. Wilson, Esq. ]\I. P. P. 13 five counsel to Ills Excellency wliowcro not j)ro|)orly acquaint- ed with the wants of tlie inliabittints of the country. 9G. Is it just to the Baptists, Quakers, Menonisf«, Tuak- ards, Independents, Secedcrs and other classes of christians, whose s[)iritual Teachers receive no share of the public re- venue for tiieir rclij^ious services, that the clcrcry of the Kirk of Scotland, the ('atholic Bishop and Clergy, and tlie Metho- dist iVlinisters should, witiioul the sanction of ihe Legislature, have a bounty paid for the performance of their religious duties 1 — I never liked the plan of paying Clergymen money out of the public fu.'ids. 1 think it an erron«:ous [)Ian alto- gether and a wanton expenditure of the public money. 97. The undue preferences and exclusive privileges granted to certain religious denominations, arc much complained ©f —would it not tend to strengthen good government if they were altogether abolislied 1 — I think it would — I also think, that every good christian would support his own Clergyman. 98. What check would you ]iroposo on hasty, partial and injurious legislation in England, alTecting the commerce and through it the general interests and prosperity in this Colony ? — I think we should have an Agent in England near His Majes- ty's Ministers; wnd that, should measures he brought forward afl'ecting our trade and interests, he would be enabled to re- monstrate against whatever would operate to our disadvantage. 99. Do you believe that the LecisJativo Council, as at present cc«istituted, would agree with the pco[)lo in the ap- pointment of such a person 1 — Tlu^ Legislative Council gen- erally have tlieir eye on one class of persons, while frequently the House of Assembly have tlu^irs on a diU'erent class. I fre- quently sec a division in the Ilmise of Assembly on such subjects. One party being aristocratical in their viuws, while the other party arc constitutional. 100. Would not it be desirable that the Clergy and Crown Reserves and all veservaiions of land, otherwise than for Edu- cation, were disposed ol" for public purposes under the con- troul of the Legislature? — If that plan had been adopted sooner it would have been of essential service both to England and Canada. 101. Ouizht not the whole public revenue to he paid in the gross into the Exchequer or Treasury of the Colony and the proceeds applied only according to law 1 — 1 think it the most proper way. The Legislature ought to husband well the re- venues, and be accotmtable for the same to the people. 102. What check has the House of Assembly on the other branches of the Government as a means of preventing Execu- tive usurpations of popular rights? — The only check they huvw is in the imposition of taxes. As? KM. .\«. '^'J. I 14 Evidence or ht Hi 1*1 ^ M 13 'W i 1 i':-! Iti 103. Another subject of complaint by tim people Is th« continual sto[)paije of tlio Hill for tlie more equal division of Tntostatfi F^staios; Is the passage of that m««asuro desired in your county ? — It is a measure greatly desired by most of the inhabitants. lot. It is a romplnint by many, that the business of Bank- in^in this Province is an injurious monopoly ; what are your Bcntinients on this suhjnct ? — My opinion is, that it is an inju- rious systenj, unsuitable entirely to the wants of the pcolo— if is beneficial to the few, but injurious both to the agricultural and commercial interests of the Colony. 105. JNIuny complaints are made that the jndpjes and cler- gymtm of the Church of Enirland and Rome hold seats in the Le and Executive Councils; arc not such seats in- compatible with their spiritual and judicial functions? — I think they are — and i ihink ihe clercy would be better employed attendiuE^ to their clerical duties. lOf). In what manner are appointments in the Militia made in your district ? — There has been a good deal of complaint ; tliosfi who served in the militia during the late war, aUo sent of U. E. Loyalists, and other old respectable settlers, complain that persons were placed over them who have na elaiuj on account of their services. 107. What are your objections to an Elective Legislative Council? — If the [)resent system cannot be improved, I would have no objection to its being: elective — but if an amendment to the present system could be elfecled I would stand by the present constitution. 108. Do you consider the Canada Company a benefit or an injury to tlie Province ? Are not the grants or sales of land to this company of speculators, residing in Europe, an improper transfer of the functions of the Government? — I have thought the Canada Company would be an advantage to the country by brin-j^ing in a number of respectable set- tlers, but some objections have arisea in my mind respecting the way they obtained their contract for the large tracts of land from the Government. That they have had it in their power to monopolize and raise the j)rice of the lands now in their hands to the injur}' of such as wish to settle in the coun- try, and I have understood that they have rather infringed on the political riglits of tlie country. 109. A very large sum of money, collected by direct tax- ation, is annually entrusted to the niagistratcs, they being ir- responsible to the people either directly or indirectly, would it not be more in accordance with the genius and spirit of the constitution if these monies were placed under the cojitrol of persons appointed by the qualified electors?— I think that if Ja9. Wilso.x, Esq. M. P. P. 15 iha people had it in thfir pownr to appoint a riuiDber of dis- creet men, w itli tlio in;i in this Colony, or be- tween the British Statutes and the Provincial Laws] — I think they cannot. 112. Ought not those persons who advise Ilis Majesty in 'his appointments of fil persons to fill the judicial bench to bo responsible to the country? — 1 think they ouuhf. 113. Are you of opinion that the Chief Justice or any of the .ludgcs ought to sit in the Legislative Council? May not the Judge be called on in his legislative capacity to pass opi- nions and enact measures of severity auainst the individual whom afterwards he may be called upon to try, as a judge, in the courts? — T think it improper that the Chief Justice or any of the Judges should sit in the Lrgi5laiive Council. 114. Are you of opinion that the nus:)|)propriation of tho public revenue is onoiirand cause wliv hiindicids of thousands of acres of wild lands liarl to he sold of late years by She- rifif's Sale, for arrears of taxes? — I think there is a mis- management in our policy somewhere — I tliiiik that the na- ture of our standing in the country at present, with rrtrard to a depression or sale of lands, may be attributed to the nature of things at present with respect to varicnis wa^s in which monies are gathered in the country ; f«r instance, the snm« poing into the Canada Company — to the College — to tho Crown — and to the Clergy Coniniissioner, have all a tenden- cy to brinw on a depression of business and lessen tho circu- lation of money. The nature of our connexion in trade with Lower Canada and the United State s, as also the system of Banking, tends to drain tiie country of its cijTulatir.g mediu I lost 200 acres of land near tliis citv, which went into tl m. le hands of the Hon. Wm. Dickson ; and also many persons in the country lost their lands in the same way. llo. Does not a vast annual adilitionnl expi^nse fall on the Province, owing to the continual rejection of bills of a gene- lo Emde.ncl: of •,,.-.1 ft . m/ ) ' f'-f ' ■ I , ■ ?>l I h ''' ?'' i ml fflianietrr soDt up hv tliu llousio of Avtuinblr, rejected In tlio L('/islativ() ( 'i)iinoil, and ii'^'iiiii introduced, dcljiitcd, and sont n|) hv tliu lloiiso of Assembly f — Undoubtedly it does. 115, Wlicn wt'io you lirst a ni( inbcr of the Assembly of tbis Province 1 — 1 was (Irst in the IIoum' of Assend)h' in 1H08. 110. Do you think the local kno'vlcl^o possessed by Lieu- tenant (iovernors of this C* by ballot in elections is pi-aycd for in many petitions both to the Assembly and Mis Majesty — what is your o|)inion of this mode of votins; / — I think it the most indepen- dent mode ot voting, auJ that the niajorily of tho country would like it. 118. Are the common schools sufficiently numerous and efficient for the wants of the country ? — They are not. It i( grievous and injurious to the people, the present system — the district schools have not suited the grreat majority of the inhabitants. The con>n)on schools oujiht to be more nume- rous by one half, and oiiii;ht to be better support(>d. 111). What is the state of the roads in your district ? It ii indifferent, but better than in some sections of the country, Dwinjj to tho uatiu'e of the soil. [The II itncss tvit/ulretc.] VERY Ri:VKRE\D DOCTOR Wm. J. O'GRADT. culled in and examined. 120. You are now connected with tho press and the pro- prietor of a pa[)r'r ? — I am. 121. Do you know any law under which newspaper postage can be collected in I ppcr Canada, as a penjuisite to a post- inastcrf — None. \'22. kvi\ not the letter postairo rates, where they exceed one «h1llin£^ and three pence, cin-rency, on a sinirlo letter, (which is the maxim\ini for the yrealest possil)ledistance in th« United Statvs) injurious to trade and unnecessarily burthensome ou this community X — I thiidc so. 124. Would not the liritish Constitutional system by which the liead of the irovernment is obli;ied to choose his councilors and princi[)al olTicers from anions^ nien possessing the confi- ^Jenco of tlu popular, branch of the leo^islature, be more sui-- • Dk. W. J, 0*Gkai>y. 17 hl« to the want* and wishes of tlie country, if aJopted In Un- piT ("luiUMhi, than the prestMit irrt'sponsiblc niodo of {^ovorn- njont? — I think no uiiprejiidifud iuhm fiin imve a doubt on that subject. Pursfuis fillin;^' ullico to advanfaijt! oupht always to possess the couridcuco of tho people — and whoa they havd it not, I think, discontent must prevail. 1'24. Is it just to the Baptists, Quakers, Menonists, Tun- krirds, Independents, Sjceders, and other classes of christians, whoso spiritual teacliers recc^ive no share of the public revenua for their reli(,'ioiis services, that the clergy of the Kirk of Scot- Ian', tho Catholic Bishop and clcri^y, and the Methodist Min- isters should, without the sanction of the lei^islaturo, hav* a bounty paid for tho performance of their reliiiious duties 1 — I think it unjust and impolitic. I have boon always of the opi- nion that the ministers of reliirion should be supported only hy the voluntary contributions of tiieir respective coni;regations — and in my intercourse witli the world, in various parts of it, in both hemispheres, [ have invariably observed, that where re- ligion or its ministers were connected with the state, its func- tions were carelessly and improperly dischar2;ed, and I hav« further observed that such a conn(!xion had a direct and infal- lible tendency to domora!! .ition, it made men, in their politi- cal creed, hypocrites, but not converts to any peculiar politi- cal system ; the truth of this was well understood in Ireland, and hence it .vas that the catholic population in tiii> country, in conjunction with almost the whole catholic hierarchy, have always opposed sucii a union, and often repudiated tho proffer- ed bountv of Mis Mujesty's eovtu-nmcnt. ' 125. Th'ji Committee understand that large grants of va- luable cleared lands have been made of late, to clergymen of the Church of En:,daiid for srlebcs. Is this witliinyour know- ledge ? — T have hoard it, but I iiave no knowledge of it. 12G. Would not it be desiralile that the clergy and crown reserves and all reservations of land, otherwise than for edu- cation were disposed of for pul)lic purposes, under the con- trol of the legislature ? — I am of opinion that all those re- serves should be made available for the public welfare, and be uader thn exclusive control of the legis'-aturu of the province. 127. Ought not the wliole public revenue to be paid in the gross into the evcheipicr or treasury of the colony, and the proceeds applied only according to law? — Yes. 128. What check has the House of Assembly on tho other branches of the government as a means of preventing exacu- ti''e usurpations of popular rights ? — I do not believe it has any effeciual check, nor do I believe it can have any such check as long as the revenues of the province are sulTered to be man- aged aad dissipated as thev have bcini hitherto : mv wpinioak ]» EviDKxci: or ;^ ■'' tliHt tli«* popular hnuuli of (ho Ii'uisIalnrH slioiiK] linr* tlm u liult^ control ol' tlio'je i'«>v(- ronip possi'sscil of iIkmu, it is not l!>o siibslanco, but the iiioie ffliadow of H I('};islalivt> l)o(ly. I2!>. iVlany roniplainls aro niailr iliat tlic Jtidtri's. nndrlrr- pynuMi of i\\r. C^Inirclics ol' I'.nnlaiid iind Komr ludd souls in llio loijjislalivc and rxmilivc conncils, mo not sncli scats inccnn- ))mii)l<* wilii tlii'ii' spititnal and judicial rMni'iion« of their reppoc- livf fnncliiHis. iJiO. Yon ntv n^inoslcd lr i;iv(! your fonsons for si;'i n ronclnsioti. — Anioncst llic many reasons lliat may lu* stated liy me, I will only nienlimi 1\vo, v.hicli in my mind aro snlTicipnt to sustain nio in the answer I liavo ;xivcn to the last interroga- tory. In llic (irst place it !• esseiiiial, in my jndL'^mjMit, to tli« diio ndininistratiioi ol' justice, lliat llie judiciary of a country should 1)0 (>\empt (roni n j^roacli, ;uid even from suspicion, fJiit I rnnm)t conceive lliaf lluy can he so f>x(Miipl ulien thoy mix themselves up in llie business of tli(! li'tMsIalure, and suflor thomsrlves to be led by private and family feelini:;s, nnd often times by tlw (H|ually cnlpablt> niotiv(-s of pcdilical partisanship. This is iiol(nioiisly tlu- case in this province, so much so, that ns far as my «)b>ervali(nis cvxlend, llu> judiciary have tiot tliat public conlwleiice in the unbiassed dischartM' of their func- tions, which is to r.ecessary for officers appointed by His Rla- josty to administer justice. As to the second jiart of the in«- t(M"rocalory, 1 think it nn\st be ralion, their previous haliitsof life, generally spenkinp, rrnder them unfit for the d(>velopement of the inlricato scionco of legislation. I am furtilied in this opinion, by the judgment of His Kxcellencv the Lieutenant (Governor of this province, who inti!nat«>d to the \"enerab]e Archdeacon of York, somo tvo or throe years ajjo, that his services could he dispensed with, in both the h><;islative and executive councils, nnd 1 have reason to believe that his judenient was inlluenccd by rea- sons snnilar to those I lave aireadv s taied. 131. F)o yon consider the Canada f'onipnny a benefit or an injury to the pro\ince? y\re not the einuis or sales of land to a conipatiy of speculators risidiii!; m Knro| le an in^proper transfer of the f'linctions of the trovcrnment ? — 1 think it highly Jmjiroper and injurious to th;> best intcnests of the country, inasmuch as it tends to enrich a few land jobbers at the rxpensc of the people, and inasmuch as Jt blocks up tho fonntry io the indnsirious, uiilesr. they may be willinp to pay snrh turns of money, in purchase* as these land jobbers may think fit to dnnaiul. t)fl. W. J. OXiRADT. i9 IS?. WliJit nre your oltjcrfions to an clcjctivi; Lepi'>lativ# (^mticil? — Coiisidorinii; tlio L(?(^islativo ('rxiiicil it) tlieahstract, I liiivo no o!))»;r.tioti to its |)rcsotit coustitiitiuu, but viewing tlio inntcrii'Iof wliirli it is as at prrsoiit ronijioscd, i(s (lopend- c'Mco on tlu! Exocutivc, and its insiillicitiiiry I'or tlio piirposrs for whicli it lias bnen constituted, I should cortainly prefer the introdiirtion of tlio olcctivo priiiiiplo. For the last seven years I have not been an iniin<;ntiv(! obsorv(!r of this branch of the Leijislatnre, and I have no hesitation in pronouncing it n nnlsance that oiiijht speedily to be abater'. J I appeared to mo that almost every p.)pular nu;asnr»; orijnatii l' in the elec- tive branch of the; Lef:;islatiire inel thci' disapp obation, and that thoy \vor(! ho:5tilo to any lhin<>' !''l<'' innovation on the old system of alinses, ajjainst which tlu! country has becm so long and so jnstly protesting. Frotn this and many other reasons, that may l>e enninnrat(!d, I am of opinion, that the constitu- tion of the Council should be modified, l\or can I sec any niodification, that, in the present circumstances of the country, will give it usefulness or (>(Vect, save by rendering it elective. Indeed notwithstaiuling my attachment to what is good in tl;e institutions of the country, 1 am quite cKur that the pGopl» ore the best judges of the capabilities of the men that are employed in Legislation for their benefit, and that to tliem alone should be entrusted their appointment. It is impossr- Me, I should think, that a Minister four thousand miles re- moved from us, can nnderstaiid the merits and capabilities of our Legislators better than wc do ourselves, nor, jiu'ging from past a|)pointments, can we be even sure to find in th« impartial representations of the Executive, to His JMajesly's (iovernmcnt^a snflicient security against the a{>j)oinlnient of unfit persons to that exfrltcd office. 133. Can yon give this Committee any infermation with respect to any bargains made between the Colonial Ciovcrn- nirnt and the; Canada Comj)any ? — I would rather not answer that question. J34. The Committee has a right to the information it rr- quires. — Tiie only knowledjje I have touching any transaction or bargain of the Company with the Government is derived from private conversation I liave had with the head of the Executive. I do not know that this conversation was confi- dential, hut certainK' it was private, and, therefore, I should deem it an (^special favour if this Honorable ('ommittce ♦I'ould hold me excused from giving the reqtiircd inforinutiun. (Thi IVitness withdrexv.) 20 EviDCNCi: or ^ i Si i \ '"5 FRIDAY, Gth day of FenRUAiir, IS3,"5. DOCTOR JOTTX JOHNSON LEFFERTY, or Stam- ford, called in and examined. lfJ5. Has any inconvenioncf rP"«nitPfl in yonr District from 111*5 nelection of voting places at FJrctioiis and what places would yoii rficommend for your County / — I could not answer that question at present. 1J}(>. What is the most convcnipnt pollinfj plnco in tlic Hrd Rrdrnj^ of Lincoln ? — I cannot tell, I atn oj)poiscd to Riding Elec- tionR altOjO-Pther. 137. Are the Common Scliools PiifTirirntly nnmorong and efii- «icnt for the wants of the country? — No they are not. 138. I>o you think the Lieutenant (Jovernors of tlieraseh'C«i possess a sufficient knowledjre of the inliabitants o( the several Districts, to enable them to select judicious persons as Justices of the Peace? — No, I am certain they do not. 139. Does not the inctinality of the system of tanation of rata- ble properly, cultivated and uncuilivatefi, afford just grounds of romplainton the i)art of tlie people / — I think so. A man owning 2^J0 acres of land with perhaps (jl) acres improved, will pay 7 days statute labor, while a poor laborer not worth a shilling, will b« assessed 3 days. 140. Have not the resident settlers by tlio improvements they have made, and the House of Assembly by its liberal grants for roads, bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792 ? — Yes. 141. Ought not the revetnie arising from these lands to liave been applied to the liquidation of the war los« claims, instead of increasing the pui)lic debt, and duties on imports, for that pur- purpose ? — 1 think they ought. I tliink the government ought to have given us lauds immediately after tije war, to have paid off the losses. 142. Are the lands granted to the 1". E. Loyalist.'?, as the re- ward of their services, of which the first G'overnor of this Prov- ince makes honorable mention, free from taxation and road dues ? — They are not. 143. Would not tlie British constitutional system, by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to Jis wants and wishes of the country, if adopted in Fpper Canada, than the present irresponsible mode of government ? — 1 think the Executive Council ought to be amenible to the House of Assem- bly, and that the (Governor ought to l)e obliged to consult them. 144. The undue preferences and exclusive privileges granted to certain religious denominations, are much coui|)lained of; would it not tend to strengthen good government if tl ey were al- together abolished ? — Yes, I thitdt it would. 145. Would not it be desirable that the Clergy and Crown res»'rves and nil reservations of land, otherwise than for education, were disposed of Jor public j)iirpnse>, under fhe control of th« Dr. J. Jon, POX LrrFEHTY. o- I fSjislatiiro ? — I tfiink all fhef?e lands ought to be put under the cotitrol of the legislartire. 1 4'2. In what manner are Justices of the I'eace appointed in your distrif't ? By the Covernor. lili. What are your objections to an elective Legislative CoM.n- rtl ? — [ think we would not be doing right towards the mother fonnty, to Inve t)ie election of th? whole of the J^egislative Council — [ think tu-o thirds of the Council ought to be elected Iv the freeholders. 1 ■)4. Do you not consider the ciT^tom of p", sinning the Judgen I I a larije annual amount, by orders from the Colnnid Office, U of the (pper Cannd.i Revenue, and with»>nt vt^erencc to the I'rovinci'.d Legislature, destructive of t) " nideprndeiice of the ]U'tich, in a great measure? — T think it a liardship that the Home (Jovernment should have the i)on'er to send i men .lO or 60 years cfHge, and pension them soofi after, and em oy others — I think t')ey ought to be pensioncvl and provided for the Legislature slone. J )."). Are yon of opinion tliat (lie mi 'appropriation of tlie p'jMic revenue is one grand cause why hundreds of thousands of Hcresof wild hands had to be sold of h.te ye^rs l)y Sheriif"'? sale f >r aiaearH of taxes? — I do not know t!iaf tliis is the ease. l.")'i. Does not a vast aimnal additional exnene fill on the Pro- \iMee, owing to the rontiruial rejeciiou of hills ot a genera! char- « ier, s;'ni up by the House of Assembly, rejected in tlie Legis- 1 itjvo ("(Mincil, and again introduced and debased and sent up by Ih" ITcu'ie of Assend)lv ? — Yes, there is no donitt of it. I ~>7 . Pi you think the local knowlt^d'/e possessed hv the T/ieu- ti-ir.iiU (JdV'Miiors of this colonv fully sutticient to enable them to irOioiMiifc iiiilei'i'iidenr nit-n. othi'rxv jsc veil ipialif*('d to fill the n.ir '• "1 Lfii-.! itivf ( '.I'l'inllnrii f — Vn, I do uut liiink thty hayf i-ii;i:.|i!i' I. i'ii\\ ji'il'ie. I cyc) EvIDE^TE OF 1.'*^. TIvo vote by ballot in elections is prayerl for in many prti- tioiis both to tho Assembly luiil to His Majesty, what is ycair opi- uiun of this mode of voting ? — A man that has not /iriuuess and indepciidence of mind to come forward and vote openly and deci- dedly, uiic;ht not to have a voie at all — but in the present state of things in ihis country, I think it would be better to vote by l)allot, which I think would prevent a great djeal of knocking down and picking up, and would save a great deal of time in tryiify CQ»t«jsl- ed elections.. (The Witness withdmo.) WILLIAM DUXLOP, ESQ., Wahpen of the Forf.sts TO THE Canada CouvxyY, called in and examined. 159. What was the original value of a share in the Canada. Company?— £100. l(»<). Was that the nominal value? — it was the amount; which the Company had the power of calling. Tlie Comi)any bud an additional power of doubling the capital in case two-thirds of the subscribers agreeii to it. 1(U. What sum lias iiocn pai(.1 on ench share? — In 1824 there WHS £10 paid, between tliat and iii'6'6 there was £7 more, nut\ since that there was 10s. 1(52. What is the Exchanc^e value in TiOndon ? — The Stock Exchange value touched £.')M, latest information gives 42. This is not in any way connected with the operations of the Company, but is owing to the scarcity of bullion arising from the quantity exported to the United States, and the hoarding of bullion con- 8e(|uent on the unsettled state of Fairope. Uui. Another subject of complaint by the people is the contin- ual stoppage of the bill for the more ecpial division of Intestates' Estates — is the passage of that measure desired in the country I —I '-lo not know whether it is desired or not, but I think it would be a bad measure if it was passed. It has been tried in France, under the Co«le Napoleon, and in Lower Canada uiid<;r the Nor- n]an Law, and its effect always is, by frittering clown farmers, to de- grade the farmer into a peasant; and in every pait ol' Scoilainl where small holders, or, as they are there termed, " IJoniiet Lairds," agriculture is in a most wretched condition, and liny themselves in poverty and distress. 1(14. What are your objections to an elective Leaiislntive Coun- ci] 7 — Because I think it would do away with the pow»r of the Crown entirely, and make us a Rejjiiblic. 16.'>. Do you not consider the custom of pensionini flic .Judges l« a hirge annual amount by orders fiom the Colonial Oi'tice, out of the Upper Canada revenue, aiid without relitence to lin; I'ro- vHicisl Legislature, destructive of the independeiice of tlii-biiticli in a great meastjre? — No, 1 think all pul)lic ofliccrs wIhmi tli^-y iir« past work shvuld be liberally pensioned — and that in ilif' casn nfthf^ .fudges a regulated siini on which 'Im'v might rtiiie sIkju!;! i^e |)rovided by law. Wm. DiALoi", Esq. (The witiioss is shewn the Post Office Return anil askcJ.) l(i<{. Wliat mode would yon reconinieml for the better govern- in cut of the Post Office, and for allowing the control thereof to the colony? — Let the Governor ajjpoint the Postmaster Gene- ral, ^ let his accounts be audited as all other piil)lic accounts are. 1(J7. What check would you projJOiK! on hasty, partial and injurious leiijislation in England, etfecting the conurierce, and through it, the general interests of this colony? — I can see of no good way unless by having an agent in England. ^('>8. Do you think in the present state of the Legislative Conn- ci! and House of Assembly that there is the least likelihood tbat tliey would agree upon the person to be the agent? — I cannot tell, it would be worth while trying. mS.* The Comuiittet; understand that large grants of valuabis cleared lands have been made of late to clergymen of the Church of England for glebes — is this so within your knowledge? — 1 am not aware of it. IG'J. Would it not be desirable that the Clergy and Crown Re- fterves, and all reservations of land, otherwise than fo'r education, were disjjosed of for public purposes, uiid(;r the control of the J^ogislatiue ?-~I do not think sp, fori fliink the Legislature have shewn themselves utterly incapable ci managing their own mat- ters, as witness the Welland and Ht. Lawrcitce Canals. I consi- der the St. Lawrence Canal not necessary in the present state of the country. 170. Would it not bo better that tlie sale and disposal of the public lands and other public property were in all cases regulated by law 1 — The land J do not conceive to l)e public, but in the jmssession of the Crown, as much as Hyde Park, Windsor Park, the clergy lands are in a fair way of being alienated. J7L Ought not the whole public revenue to be paid in the .gross into the exche(|uer or treasury of the colony and the jno- .ceeds only ap|)lied according to law ? — Certainly. 17i2. Wliat check l>ave the House of Assembly oh the other branches of the government as a means of preventing executive usurpation of popular rights ? — The same that the House of Coiumons has- — they can withhold supplies. 17JJ. Have many law suits been entered into with the Compa- ny's settlers ? — One with IJergin for things he furnished to the Company's Clerks, and another now pending with Van Egmond respecting the balance of a road account. No settler of the Company has ever been ejected from a lot. 174. Are the Common Schools sufficiently numerous and ef- ficient for the wants of the country / — Certainly not. The sys- tem of New i''.ngland of taxing all for the support of schools and compelling by law parents to send their children to school appears to me the only way to ensure education in the present circumstances of the country. 17.'). Are not the letter i)ostage rates, where they exceed one shilling and three pence currency on a single letter, (which in iliP miximum for the greatest possible distance in the I iiiled ^■iatr, ) injurious lo trade and iiuacucbsanly buiihs;:.:umi: i grants ii.r roads and biid^t^.s and inlaud navi^iatiuii, given to the public lund^ their greatly increased value, as compared with 17!>2 ? — OrtainU. 177. Onj^hi not the revenue arising tVoin lh»se lanvis to have been appiiud to tiie liquidation of the war loss claims, inst ad «)t' increasiup the public debt, and duties on imports lor that pur- pose ? — To the best of my belief' the Canada Company uaS i'urmed for the express purpose of payinf^ the War Losses. 178. Is it just to the ilnptists, Quakers, Menonists, Tunkers, Independents, Seceders, and other classes of christians, who-^e .spiritual teachers receive no share of the pubhc revenue tor liieir relij;ious services, that the clergy of the Kirk of S?cotland, ttie Catholic Ki-sliopand clergy, and that the jMeihodist Minibteis s'loald, without tbe sanction of the Legislature, have a bounty jiiiid for the perronnimte of their religious duties? — I think it would be well if these payments were extended to all or to none— I was always of opinion that they would be better euiployed iu educating the youth of the province. 179. The undue references aiu! exclusive privileges granted to i.crlv;iu relij^ious denominations are mucli complained ot'. Would It ii(U stiengitien good government if they were altogether abolished? — i think so — 1 liave alwL^s been of that OpiliilJli. ]f*i{K \/>iuld not the liritish Constitution.;) st<;T.eni. \)y whirli the htr.i-A •>( tbe goveinnient is obliged to cliouse his coiincilims amt priiiciiJil ofificers from among nn'n possessi.ng '.!)« confidence of the pi/j/ii.Jir branch of the legislature, be ni;)re .-liitable to the ^ lilts and vvi-.hes of the country, if a(l<»pted in Lpfier Caiiiida, tiiun the piesoiit irresponsible niucie of government 1 — It wouiJ he more suitable to common sense, because it is an anotnaly ai legislation tiiiit a ministry slioulJ exist which neither the KiLg nor the people can remove. 181. What are the prices at which the Company is now seliii.^ lands in the Huron Tract.' — From 8.s yd to IC'S. 182. Are the Company's wild lands subject to taxation, like other wild lands? — Yes, in the Huron Tra<:t they are — ihr mo- ment land hi surveyed in thnt tract it is ours we having paid f(jr it ; in the Crown Reserves it is otlterwise. because, by the second agreement we obtained apre-etnption of Uie Crown Reserves, so that until we apply for them they belong to the (Jrown. 183. So that the effect of the bargain is. that these reservra stand in blocks and lots in the midst of the settled lands of the province, without bfirig faxed in any way? Yes, h;td the first attreement stood it would hiive been ruinous to us; we would have had taxes to pay on two millions of acres. The moment a letter of licence passes from the Company to the settler the land is subject to taxation. The taxation to which the Coinpiiuy were subject on unsold lands in the Huron Tract amounted to about £l,80t). That part of the lluruu Tract, uusurveyed, pa)g no taxes. 184. What is the average price paid the Coinpany for reserves in the unsettled townships .' — The lirsl year it tvas aiiuui l-o aud thtt iat>t about Us Gd. Wm. Dunlop, Esq. 23 165. Do you sell to settlers chiefly for ready uioa«y or on ere- dii, pulation any adequate advantage ? — 1 think that laying out .£1()5,- "OOO sterling will amply compensate the province for any sums that may be drawn 'from it. lyU. What ainonnt has been paid in of stock by the sharehold- ers? — Say from j£ 11)0,000 to £170,000 sterling, a very small part ■\tt which has been expended at home. im. Could you produce to liiis Committee any detailed statt- inenis shewing the expenditure in this colony? — We have no printed copies in the office here shewing the expenditure— they are annually pubii-hed in England. U)2. Docs t'it- Company 9 charter conf*;r banking powers? — I think so — but iSeijeiint SpanUie atid Sir Johu Campbell think not ; it was decidedly intended that it should. l!).i. Are you aware of any loans having been made by the Conii)any to the Colonial Covernment for improvements ?— There never has ; Serjeant Sp.iukie and Sir John Campbell are of opi- nion ih.it we have not the power to mak« such loans. 194. What sum has been allowed in the present agreement between the Government and the Company to be deducted from the purchase money, and expended in improving the lands ?—- Nearly £4d,000 currency, to be expended in the Huron Tract, on Uoads and Bridges, Harbours, &.c. 19.5. How much of this aliowauce has been expended 1^— £26,- i)00, within a fraction. 29ti. Have detailed statements of this expenditure with the vouchers been laid before the government here?— All but I think about £'{,000 of the last summer's expenditure, which is now making up. hi7. Who judges of the fact of the expenditure ? — The >?ov- ernor alone— he appoints persons to inspect the works. The Company are to get no part of those townships unsurveyed prior to March l6.U. 108. What price per acre was paid for the Huron Tract?— Ttiat I cannot tell, but 1 think it was about Jis Hd per acre. The bargains ot liir Company are, i believe, un the journals of the House, or ainouif its papers. iJj. Wiidl i* tiie uujuber of shares ? — Originally one thou- •2(1 Evii)i:.\n: or Br ■Band. Ill lP'i(» tlierc w';is;i pMiiu; in tlic inoiicy niinlict — dining (lift nuHniii tliat inrctMlcd tliat panic, the slians, iliutiv'li nnlliiiig lia(l Iji'pn done, tlntngli the cliniter liad nut bofii (il)taineil, and tlioiigh little was known in liondon about tlio jirospects of tlie Company, Hi'oso to £-i7 |)reniimii, ; wlitiii tlie panic coinnienced in l&Hi, tliu credit ot' Joint Stock Companies fell, and that of tlic Canada Company with them; shareh'jlders to the amount of .>J 10, ()()() or 1,000 sliares took advantage of a new anaiigement tliat had been entered into with His IMajesty's (Jovcnmieiit, iiy which tho ituron Tract was given in lieu of the Clei 'iv Kesei ves, and with- thew from tlie association, receivino the iiill amount of the mo- ney they hail paid without the last term of interest, so that tliu numlier of shares held now is over l.t,000. '~?00. Have the [lersons who have shares in that Company re- reived dividends on the ii)st;dinent;3 |)ai(i in? — They linve noiiiin- ally received 4 per cent, infeicst, though in reality it can only he ♦railed a paying hack of part of the principal, seeini:, that during; the whole period the Company have been diawin^ fur iiisluhuents whticvuth to pay llie interest. ('r/it ff'ilness wilJulicw.) -;"; i'5 •roi.oxKi, A. (i. w. a. VAX egmu.nd, Ro.%s, iiuiki T^. 'Huron Truft, calii d in and Lxainincd. UiM. What price did tlie Canada Company pay for the Huron tract? — AhoMt t\v;o shillings and tenpeme hall-penny p»r acre, fcixteen years credit, without Interest, and Jt' 18.000 stifling, allowed titfto improve their own land, which I believe would be e(jual to about one shilling sterling per acre. 202. What are they seJUng the lands for ?--Fioiu l^s. Gd. to 139 !M. per acre. 20;i. What is the extent of the tract? — They got one iniHion iwo hundred i' fuisand acres, from which one hundred thousand wr-re deducted (or a swamp. '~i04. How loMu have you been settled in the Huron Tract? Six years this Clnisfmas. I am the oldest settler in tlial tract. St)."). Have the company taken I'ropcr means to encourage aiid •promote the settlement of the tractt? — l-'or liie lirst \ear, in (iodt - *icli alone ; since then they have taken no pains to assist thesettleis. 'liHst year, there was a steamboat employed to bring settlers from Detroit to (roderieh. Instead of attending to tiiat they went se- •veral times on pleasure trips up Kake Huron, once for tliree weeks «r so at a time, ]5y that trip the settlement lost (»0 Scotch fami- 4ies. From the best information I can obtain, we lost from ^."/O tto 300 families, who chiefly settled in Michigan, and the other ■sMitcs, because the Com|)any neglected them. '.206. Are the Agents to the Coin|>;my Kind to the settlers? — iNo — they are, with the exception of .Mr. WiKun, very arbitrary «1 ley are vciy lyriUiUi' a! 1 ■•i'C UK Ul iL ,eiil3 ic.-.idiiig on ike •lucl rot,. Van Ernrovn. 27 f^07. Wliat mnci';tr;ifps ahd Tnurt of Requpst rommlssionfTi liiivu you .' — (/hiiilt's I'licir, .liio. Jinnvstor, and ('nplain Dunlop. Thpy flo just wliat tht'v please. There are iiiueteeii Tuwiiships in the Huron Tract, and only these three MagistrateH. *?(M. Have tlie Company made any road in the tract ? — Yes, oni; from VVihnot to lioderich, and one from V'andersburg to liondtm village. Tiiese roads extend upwards of ninety niilesi, and will cost about £17,000, which is allowed them out of the purchase money. Tlie (Jomj)any have also laid out about £5U0I> for Grist and SawMillsj. 200. Have any settlers been ejected from their ftirms ?— Yea, they are scared out of the tract and ejected without any form of law or justice. Many persons have been driven out of the Te^-ritory-, there is no other law tliere except what the Csmpany's servimta make. We must be very polite to tlie Agents* "10. Are the Comjiany empowered to impose on settlers stick- terms a9 they please ? — Yea, they are. 211. Is there any difTiculty in getting titles or letters of occu- pation ? — They hive sometimes to wait a little, hut they get thenu I'liblic lands sell in tlie L'nited .States at Gs. '.ii\. per^icre, aud ai»' jiliely to be brought down to os. !>d. 212. Do the Company take largo sums nut of the country 7— Their prolits in Ir^:};}, were /J2.-',0'.)0, sterling, after paying all ex- nonses — the Stockiiolders chirlly reside in England. 213. Do the Europf^au working settlers express themselves satisfied ? — Dissatisfied in the highest degree, from whatever fjnarter they couie. 214. Are there any 'Schools? — One in Goderich. Tlie Coiti- p;niy do not now supj-o: ; any other school that 1 know of. 215. Is money plenty .'—Perhaps as uiuch so as in any other place. I\Jr. Tayler keeps a private Hank, and issues uote>i from one dollar to a iK>und— they circulate among us, 2ln. Tu case Huron should be, fornii^d into a county ulierB would botholiest polling places'? — One at (ioderich, and one at the place where the big Thames River crosses tlie Hurou Road« about thirty-three miles from Goderich. 217. Where do the magistrates lay out the inonies they receive for wild land ta-xes? — I (i(» not know. 218. What is the established religion in your Tract 1 — There are no ministers of religion of any kiu(l in the Tract, nor is therjs jiny militia. 210. What is the population of the Tract oy country? — Report says 2,000. 220. [low do the Company pay for the work they get done? — For the fust five years they paid two-thirds of the labor in land, at 7s. ()d. (which cost them not much more than one shilling .ai| pert) and one-third in money. I'fVie ffltiifis ii'ithifrnv.] m i ;• 28 E VIDE NT E OF Ui.' ¥m^' I [r.n \ km ;;^fi:| SVTURDAY, Fkbruart 7th. HOT. The V^rt R*:v. Da. W. J. 0*GRADY» again called in and examined. 221. The ComiTiTircp infunnpH thp witne«« thnt a« t}ii» convi^- sation alluded to by him, on his previous examiniuiou, v. ;»9 not confidential, nor relatitii: to private and personal artairs, they were desirous to obtain iiilbrmation as to the agreement with the Canada Company. The only knowledge T hnvp, re^nrding any trnnsnction or bir- gain between the Executive of tiiis Province, and the Canada Company, arisps from the conversfftion alluded to in my previ- ous answer, which 1 had had with Hii Excellenry the Lieutensnt (Jovernor some three or four years ago. lie stated tome that the Company threatened the reHia;nation of their charter in con- sequence of the continuation of the sales of the Crown and CMergy Reserves in this Province. He further said that the Commissioners complained, that the Company sustained a sr-rim injury from these salos, and that something should be done tostdp their mouths. He then spoke tome regarding the Huron Trar! anri said that he was thinking of having it convcy^(^tothenr I took the liberty of suggesting to His Plxcellcncy tliat it would be better for the interests of the country to ncce|)t the proffered resignation: he immediately replied, what in that case would we da for money ?. How, for instance, would we pay the difl'erent Churches ? 1 un- derstood them to mean by this, the Churches receiving pensions by order of His Majesty's (Jovernni"ut. These Lands, or this liuron Tract, was shortly after conveyed to. the Company. This is the substance of the conversation that passed between the Crovernor and me on that occasion. 222. Are yoti aware whether the grants by the Colnni;d (>C- fice to the Catholic clergy out of the Revenues of this Province^ have been applied to the purposes for wliich the Government in- tended them ! — 1 know they have not. 22'-i. Have you any proofs of a misapplication ? — Tlie monies p:i9sed through my hands, as Vicar General of the Diocese, for several years, and it came within my knowledge that they hue been misapplied. Its lOi'^pplication was frequently conptatnerl of by the Clergy and the lairy. It was rnniplained of in the first instance, I believe, some five or six year.i ago, by the U'^veveiul Angus M'Donell, the Bishop's nephew, atid the Rev. William Fraser, two ofliciating Clergymen of t])is Dio-; se, in a iielition ti» His Excellency Sir .lo'm Colbome, and ^ iih )e(, -.irMily in a petition from th". Rev. William Fraserto Hi»< ftT iic sty's Jj^ecr tasy of State for the (.'oloniei, which was left in thr (Jttverinnent o'Tice for the purpose of being transniirf d. When those Vp\\-> tions were laid before His Excellency he sent for iiio to iniipire T'ly opinion of the course it would be most prudent fdv l.iin to |Mit ^ue in such circnm'^t.inces. 1 humbly simgested that oopji s should be furthwith furnished to liishop IVl'Donell. with a vi"w ti) ol)tain frotn him such detailed information re^attliui; Hi-* ''•I.t- jesty'a appropriation as would enable hiiu to come to a y.in docv- Dr. W.J. O'GiiAbv. 20 sion on lljc matter complaiiied ol'. His Excellency dul so, and sljortly after the Hishup lUiivcd in this town, and directed mo to iiso uiy iulkioiici' with Mv. rfeoretary Mudgo tr) have tlic wholo a/lair (|iia;ilicd. He said that he was n(»t prepared tog' into such an investigation, and desired ruo to make overtures to Mr. Fraser, to induce him not to press it. Others ol' tlic; Clergy, namely, the Kev. Messrs. ('ullen, (Gordon, Dem[)sey, and C'a.^saily, made iVc- «|uent complaints to me in my olliciai character ot" Vicar (jiiicral, of the mal-appropriation of this fund on tin; pan of the liishop. 'J'he Il<;v. Mr. Ciillen staled that he was obliged, against his cort- science, to give the Uishop receipts for money he never p,.id him, representing himself to bo a schoolmaster, llioa;;h he never Jiad been such; and further said tliat his conscience was st» tortured on tjjis subject, tiiat he, on one occasion, walked from (jkiigarry to Montreal, to consult Rev. Mr. lloquc, of Montreal, whether lie could, uiidur any circumstances, continue to grant the Jiishop such receipts in future. A couimissioa was appointed by tho j)arishioners of this city, some thrt;e or four years ago, to en- ijiiire into th.a appro|)rialioii, together with otlicr matters of Ec- clesiastical polity. Tho Report of the commissioners is in my possession, and it appears there, from the evidence of the clergy- men already named, that gross i)ecul;ition lias been committed on this fund. The Commissioners made a representation of this to His Excellency the Lieutenant Governor in Jamuuy, ld"^*U, but to no purpose. A subsctpient representation was made to him, but iutjuny was dciiiml, and it was strangely assumed, in contra- diction of the most positive testimony, that the Bishop had appli- ed the whole according to His Majesty's benevolent intentions. — 1 then found it necessary to put myself in communication with His Majesty's Local Govcrnmont, and with the Colonial Secre- tary, in Downing Street, on this subject ; and though J stated that the monies passed through my hands, and that one fourth of the whole was usually reserved for School Masters, and that out of the residue large sums were occasionally paid, (on one occasion J^'^1'2 JO) to the Bishop's order, which was never accounted for, and that to my certain Knowledge the Bishop was in th« habit of applying portions of these monies to his own jirivate purposes, and that upon one occasion 1 paid to him, therelVom, by a check on (he bank of Upper Canada, the sum of jUIU. io pay his expenses to .Sandwicli, in the Western District ; and other sums at various times, yet it was assumed against this i)roii'i red evidence, that the Bishop acted with the strictest integrity and propriety. I am in the position to prove, unetjuivocally, before any tribunal, that His Majesty's bounty, in this r(!gard, lias been most shamefully abused, and the Clergy already named by me, it called Uj)oii, can prove it, though, perhaps, not to the same extent. x\ot only aid tlic Bishop misapply the monies, but he even went so far as Io direct me to give ~.i ])er cei.i. to the Lieutenant Governor's l)rivate Secretary for the siini)le perlormaace of the oHicial duty of his office ;is such Secretary. The correspondence I licre of- fer in evidence. (The witness here gave in the following papers : — A Letter to WitncHs from Bi:diop M'Doucll, and a note Iroui Mr. Mudgc.) AssE.M. "So. 21. h. 30 KmdE\( F. OP Kingston, Sth Jmir, 1820. Rev. and very iloar Sir, In ilio panu; onvelop witli tliis I snnd you a pownr of Attorney for Mr. Mndrjoto oiiablt; liim (to cna'ilii liim) to draw tlio Falary of Jlic Catholic Clrrgy-mun and scliuolmaators of Una Province, from Govnriirncnt. I aiitlioiiac you to loave 2\ por cent of tho money in the hands of Mr. Mudfje as a small uclaiowirclgrnieiit for tho trouble and any expense that may attend the procuriii/^j of tlie warrant a,,d drawiii2f of the money. Whon drawn ho will hand it to you for distribution, and yon will be so good as to write to tlie dificTont individuals to inform them that you have the money, wiiat sum each is to receive, and how they are to draw for it. I have boon told that Mr. Fraaer may prosecute me for the forty pounds I paid to you at York, because it would appear that be is in possession of a letter of mine authorising him to draw upon Mr. Baby to that amount, and he lias been tolling to others nlthoui^'h not to myself that he will compel me to pay those forty pounds. To save myself therefore from farther trouble from my friend on this scoro you must pay him the share that was put down for him in tho distribution of the current half-year JtlS.j in lieu of what was ordered to him in tho preceding half-year, and it will be necessary to obtain his acknowlcd;^ment to that effect. I shall write to Mr. Campion if ynu approve of it and order him to put himself under your directions for some time till his health be ro-establiahcd. I think he might be of great service to you in carrying your plans into execution, and in paying occasional visits to the rear Townships attached to the ^Mission of York. Mr. Angus has taken his departure for Bytown but Mr. Fraser is still here. I feel anxious for the appearance of the pastoral letter which I have been expecting by every steam-boat for a week past. Also for the Theological Book, you were so kind to promise to lend to Mr. Chisholm and the Conrordancc to mo. Please to give any parcel or letters you may have for me to the Clerk of the Niagara steam-boat or to the Captain himself and they shall be safely conveyed to mo. I beg you will be so good as to present my kind res- pects to Colonel Baldwin, to Mrti.and Mr. O'Grady, and my warm regard to the dear little fellows. 1 rctuiiin with great esteem and sincere regard. Rev. and dear Sir, Y'our faithful servant and fellow -labourer in the Lord's Vineyard, ALEXANDER MACDONELL, Ep. Regiop. P. S. — What progress do you make in your Catechistical Society? Have you got out liio Patent Deed for the School Ground 1 If you do not make your Rev. Brctlircn pay for their poslatge and your own trouble, it will be your ow i fault. To Rev. Win. J. O'Grady, ;• M, Ap. York. ) Du. W.J. O'CiuADY. 3t Wednesday, ITth Junr. Dear Sir, I linvo tic honor to atlinowlcdgo llio receipt of & lottcr from IJ tiliop M'DonoIl vvliicii you wore good ciioiigli to for- ward to ino, itntl in wiiich it a) \nuiti ununj^cniLnlH hud lit-in n^udu lliat I ehoidil rccrivo the n;o[iiy paid to tlie Roman Cuthohc CIcrjfy in thitj Province, and tror\bfcr it to you; but as it would bt) incompatible with the duties of my olFicc to boconie in any way a privato apftMit, I have written to liio Bisiiop by this popt to inforrn him of tliis, and I have returned the power of Attorney which hia Lordship enclosed to nio. I have tlic honor to bo, Dear Sir, Your obcdioat and faithful servant, Z. MUDGB. The Rev. Wm. J. O'Gradv. 'i2l. What allowance was made in 1827 to Wm. V. M'Duniild as a Catholic Priost ? — Tliere waa no imiform allowance to any Clergyman — all depended upon the caprice of the Bibliop. (The witness gave in the following receipts from the present Vicar General.) Parish of St. An'IrcvvF, Counfy of Storinont, •20th October, 1827. £78 15 Received from the Right R ev. Ak>,aii('cr M'Dc rell teventy- pij/ht pounds fifteon sliillings currency, being my ealaiy ns a Roman Catholic Priest from September, 1820, to June, 1827, in witneisH whfroof I havf! hormnto s( t my hand lliis twentieth day of Octo. bcr eigiilcen hundred and twenty ';ovfn. JOHN M'DONAJ.D, Priest. Glergnriy, Noveuilcr luth, 1828. Rocoived, of tins dale, from the lion. James Baby thirty-eix pounds eight filiillings and fiix pence sterling, as my half-yearly s'larf? of the Government allowance to Catholic Clergymen and Schoolmasters. Wm. p. M'DONALD. St. Rapliafl, Glengarry Upper Canada, Dec. 22, 1827. RtMieived from the Right Reverend Alexander M'DoiieJl, eiglity pounds currency, boiiig my pahiry from September eighteen huii- d;od and twenty-six, to the thirteenth of June, eighteen hundred and twenty seven. Wm. p. M'DONALD. St. Raphael, Glengarry, Upper Cniiada, Dec. 31, 1827. Rocoived from the Honorable James Baby, the sum of ibriy pounds sterling, being my half yearly .salary as a Catholic Pricct, from the thirtidh of Juno to tho thirtieth of December, one thou- sand eight hundred and twenty seven. Wm. p. M'DONALD. m ( ! 0,7 Evidence of I *' ' l< ini 225. Uefeniiig (o your rormci ;ins\vrr rrspccting nn Est;iI)ii.Hl»- od 'Jliurch, have you any proof that tlic IJisliop cxorci'pd a poli- tical influence over liis Clergy in conjunction with the («ovornc)r of this Colony ? — lie got up a petition a£;ainst Mr. Mackcn/,io. nttcntlef' a public meeting in Mrs. Jordan's Inn, and Ir.uangiied the people ; and by the most inexcusable misrepresentations, ob- tained signatures to said petition inducing the signers to be- lieve, from Altars dedicated to the service of Reliffion, that the flocument to which he invited thorti to affix their names was in- tended solely for the advancement of the Catholic Church. Shortl}' after, he left here for Penetanguishene, accompanied by tlie Rev. Messrs. Cordon and Crevier ; and Mr. (Jordon told me tliat he stopped on his way, to perform Divine vServicc in the Cr.tliolic Church of the Townsliip of Toronto, and that lie did on that solemn occasion, instead of preaching the morality of the (Jospcl, inveigh in tlie most violent and unbecoming manner against William Lyon 3Iackenzie. lie vent iVoin that to Adja- la, H'hcre he parted from the Rev. l\lr. (iov 'on, having given hiiu previous iii^^tructions to obtain signatures in the best maimer he <;oiil(l to a blank i)ap"r, which he left him for that purpose. 'J'lio Rev. 3Ir. (Jordon told mc that ho was shocked and scandalized :i*. the manner in which this ])olitical crusade war. conducted. I iv.y- f^elf have frequently heard the Bishop preach, before, and after the event here alluded to, and his sermons, invariably, as far as I have been able to judge of them, presented a strange and incohe- rent medley of i)oIitics and tdiristianity. The following letter from the Rishopaffords the best evidence. (The TiCiier respecting Mr. Crcvicr and the Yankee Metho- dists was given in.) Si. Raphael, County of (Um^arry, } .lanuary 2;3rd,"lH;jl. " S Very Rev. and Dear Sir, VVc liavo b"gun and wo must, finisli witii tI;o Rov. Mr. Crovicr, Jjetiers from tiio Messrs. R;d)y nnd from kSisler (St. I'dtrick, of which I send herewith copies, wore brong-ht here by tiie last post but one. Those letters prove t!ie imperious necessity of removing Mr. Crevier from the parish of L' Assumption wifiioiif. tiirtiier delay, and nltjiougii it be with vrs'j great reluctance that I fould think of giving you tiie fatigiK? and trouble of exoenting so disagroeabl>> a commission, I find I have no alternative bii^ to in- tnido once more on your gfood natiu'o, and obliging dipposition, by reqiioeting that you wotdd take a second journey to Sandwicli and ))iit the fiiushmg hand to the work you have already begun in that ]iaris!i. You will receive along with this fiil) and ample powers from mo to deal with the Rev. Mr. Crevier as circumstances may rccjnire, ritber to remove hitn to another mission, and the one that would F'lit him best is that of Penetanguisliinc, because the greater part of his hearer.M there would be Indians ; or withdraw his facuIticF, or if necessary suspend him at once. »Should any p.trt of his pa- rishioners he pediiecd by him to resist your authority, and ferinent the spirit of disjord and duseuaion ui the congregation, thoac Dr. VV. J. O'GiiADv Si^ must be dealt with as rnbellioiis and pchipmatic ; and cvrn if tiir> wliole or a majority of thorn prove refractory, qnnd Dens nvrrfnf, we wonld rather yon to ptit the paripli nnder interdict and 'nek tlio door of the Churcli than allow the Divine authority invested in us to bo thus despts'^d and trampled iipoa. The holy days being now past, I trust you will find it prncticablo to take a second jaunt to Sandwich, as soon as possible after the receipt of this letter, and as you are not accustomed to speak or preach in the French language, I empower you to take Mr. Cullen along with you in order to announce from the pulpit your orders and instructions to the Catholics of Sandwich. After dismissing Mr. Crevier you will leave Mr. Cullen in his place until 1 get that parish supplied with another Clergyman. I have no doubt that you will find the Messrs. Baby and the well disposed part of the congregation roady to second your lauda- ble efforts to bring the confused and mismanngcd affairs of that pa- rish into order and regularity, and to put the infant establishment of the female school in a train to continue its progress towards completion. I wonld wish you to wait upon His Excellency and to submit to him my intentions and orders in reference to Mr. Crevier — for it lias been always a principle of mine from which I would not wish to deviate on this occasion, whenever I found it necessary to resort to an extraordinary exercise of my spiritual authority to do so with the approbation and consent of the temporal power. From the uniform kindnf>3s and condescension wiiich we have received from His present Excellency Sir John Colborne, I should hope that lie would have the goodness of furnishing you with such recommend- ation as would procure you sufficient support from the Civil autho- rity of the Western District, on the event of your finding any iii- eurmountablo difiicultics on the part of Mr. Crevier, or his party, in the execution of our orders. I should, however, be cx'reinely sorry to resort to the civil power, except in ca.=e of alisolute neces- sity, at the same time I should not be very backward in giving a broad hint to Mr. Crevier that I was in possession of such a pe-vcr and should not hesitate to make use of it in cnse of necessity.. I would advise you to take the Hon. Mr. Baby with you, when you wait upon His Excellency on the businoFS above-mentioned us he is better acquainted than you or I with the characters and matters to be overhauled in Sandwich. From what has alre.idy come to the knowledge of His Excellency respecting Mr. Crevior's electioneering transactionp, 1 should trust !:e would have the loss objection that he should bo removed from Sandwich, if neces- pary, and placed in a situation more suitable to his p^culitir talents and qr.alifications, being tolerably well vers -d in the Indiiin lan- guage, and a Ihorouwh-bred V'lyagcai; he would be ad;nir' lily quali- fi'.'d to mitch the Yankee Metliodists, and rescue I" . poor Indians of Pcnctanguiohinc and Lake Simcoe from th. fuiige of these reptiles. I remain, with much esteem and regard, Very Rev. and Dear Sir, Yours, aflectionatcly, A. REGIOPOLIS. ii 34 EvIDENCC 01' h 9 I < -'Vr f\ 2'-iG. Iliive you any other evidence to sLew tlie coinmillt'e that, a biiiieCul iiitlueiice exists in this Colony injurious lo iis weUiirG and prosperity ? — I think that the exiyteuee of a buneriil induenco to a great extent cannot be denied by any person acciiiuinied with the circiinistances of the i'rovincc — It is notorious that all ot'rtces of honour and emolument in every department of the G'overnment are monopolized for the most part Ly some three or four private famalies and their adherents, to the ex(;^J^ion of superior talents and integrity, and it is equally notorious that even the meanest office in the jiatronagc of the Excculiv. is only eonlerred on per- sons of a ])artieular political bias, and that the country, in c(»nse- (jnence thereof sustains serious Injury, and that its afl'ections are alienated in a j^reat dej^ree from the local ailmiuistration. As a corroboration of what 1 here assert, 1 fiive in evidence tlie follow- ing letters from a member of the Legislative Council. [The witness delivered in evidence lli« following letters ftom the Ivight Reverend the Bishop of the Roman Catholic Church.] {The tcitncss icitlidrciv.) Si. RaphaeVs, (ik-'.t.iznriy, i (lUih JXov. 1C530. \ Very Rev. and dear Sir, Your favor of the 29l.h Biptembor from Hnndwicb, and your interoslinr,' ard valuable couitnuiucatiOii of tin- SOili Octo- ber from York, are botli bofon; mo. A very severe cold wliicb ("on- fined me to my room for several weeks, prcventrd int! from reply mir to tbem till now. I shall take them in tlio order of their datos : Mr. Fluet's conduct in deserliiig his post at Amli(rt£bur;^h, witliuut tho (sanction or even the knowledge c^" hirf superiors both surprinis and disappoint;-! mc very much : it is so contrary to tiie goneial lenor of his conduct since I have known hini — Oii rcil.cliou, and couiding tli's transaction with the circauistanco of Ins goiiu^ ihronoh ^and. wicli witiiout waiting on you, I siisp .ct that he iinbibid no favurablo impressions from his host and contVere at Niagara, which in, ikes iii« Bincerely regret that he iiad been loft c\j)oscd to llio sedu ;inn ofa c'lar.ictcr whom I now begin lo think of a m.iro d.jsigmu ■ and daii- g'Tous description than I wasawaroof at one time. Isliill write to Mr.Fhiet tohold himself in readiness to reLurii to Amherstbuigli, how fiOonHis Excellency will have tbo goodness to restore his salary to him, and I request you will use your utmost ex< rtioa and inl'ii-'ueo with H'S Excellency to have that done as toon us po?sibIo. Do not fail to acquaint Mr. Fiuct the moment you succeed witii His Excel- lency. The names 1 wish to be insoited in the Deed rf Tru.-t, lor the ^lebe land in York, are my own ntime and (hat of nty successor in otHce, und thofo of the Parish Priests of York, and of Kiiii'Ston liir the tune being, and of the Ilouorablo Jumi s Uubv, and oi Alexander AfcDonell of York, EMp I have been greatly disappointed at not havinur ihn Jioiior ol' re- ceiving ILs Excellency under my hiimlilo roof here as I had lif>cn given to expect. It was too late in tho eeasua when lie arrived m !;\ ■■ ,t^> Dii. W. J. O'Grady. 3a Kinpplo'i, and he hAd Mr. Win. McD. that he could not venture this hingth, but that he would write me soon. Tlins huve I b(.«'u dxchisive and hostile to Catholics as any corpora- tion in Ireland, who will never admit a Catholic into tiieir body if t])ey can, more espi^cially an Irish Catholc — and of all the men on earth Mr. Walter McCunifT, for very substantial reasons which I couhl mention to you liva voce, but would not choose to commit to paper. You may present my humble respects to His Excellency, and say, that being personally acquainted with the major part of the Magistrates of Upper Canada, I do not hesitate to assert that one half of them, not. to say more, arc not better qualified to dis- charge tiio ('uties of .Tiisticcs of the Peace than every one of tliose I recommended in Kingston, and you may add, that it is my full conviction tliat until a certain proportion of Catholics got into the Commission of the Peace there will never bo peace and security in the province. Mr, Campion called here on his route to his native country ; I understand from him that he was to visit Montreal and Quebec. lie wrote me previous to his departure from Nmgara, that it was his intention to spend pomc time in England, and i)crhups in France, and pressed me hard to s ir.d him an order on you foi" his quota, which I did on the terms we agreed on at Niagara, viz: that he should previously place the money he collected for building a Church at Niagara, in the hands of Mr. CuMen or the Elders, and tliis was a conditio sine qua non. When here, 1 told him he might as well leave his quota in lieu of the collection being nearly of equal amount. How he managed I do not know, but if I understand Mr. Micon rignl, he did not secin to act in Montreal to lus satis- faction. Your proceedings in Sandwicli demond my most grateful and sin- cere thanks. On that subject 1 have much to communicate to you which will supply ample subject for more letters than one ; ♦he task we have undertaken is an arduous one, but we must go through with it , the al)l(? niAnner you bpgan the work gives mo great hopes that you v;iii bring it to prosperous issue. JicJieve me to bo with liigh esteem and regard, Most sincerely yours, t ALEX. MACDONELL, Ep. R. Glengarry, \st December, 1830. Very Rev. and dear f^ir. Along with this you will receive a copy of my man- date to the Rev. Mr. Crcvier, and to J. Bap't Baby, Esq. approving 30 Evidence of M of tlie resolutions ciitpred into at the meeting lieltl in your presence at Sandwich, of the Curate and Ciiurch Wardens of that Paribh, on the [id of October Jaet, coutirnjing tlie appointment of the Commit- tee nominated on tliat occasion, and ordering llicm to proceed im- mediatoly to the discliarge of tlicir duty. If you think proper to forward it to Mr. Crevier to convince him that I entirely approve of what, you liave done, aud tliat you continue to act under my autho- rity I shall be well pleased. A copv of It has been forwarded to Mr. Crcvicr and another to Mr. iJa|/t Uaby. A petition signed by a few of the Church Wardens and a num- ber of the Parishioners of Sandwich, praying to overturn what had been done at the meeting of the 3rd October last, belbre you, and proposing anotlier plan of their own, has been sent me. On the perusal of this petition, the first idea that occurred to me was to re- turn an angry answer to it, but upon reflection 1 thougiit it belter to treat it witii the contempt it deserved, and to send no answer at all ; My approval of the former meeting, and my orders to carry the resolution of it into execution being in my own opinion a sufficient answer. Mr. Crevier's conduct towards the religious women at Sandwich lias been every thing but what it ought to be, or might be expected from his clerical character and situation as the pastor of a tlock. If you get out a patent deed of the lands grant- ed by the Huron Indians for the use of the Parish of Sandwich, in truat to the Bishop of tlie Diocese and his successors in office, and to the Parish Priest of York, for the tmie being, aud to Francis and Bap't Baby, Esqrs., that ground may easily be cleared then of carpenters and blacksmiths shops, and every other nuisance that can prevent the premises iVom the use for which the donors intend- ed them. It is indeed a mati.er of no small surprise that the busi- ness has been so long neglected, considering that there have been an Executive Councillor and a member of the Provincial Assembly both catholics, and both natives of Sandwich ; but a etiU greater indltei of surprise ai.d chagrin is that ihe lot given by the late Bishop Burke for the use of the York Miss'on should, for the saving of a few dollars, be sold for the taxes, when our friend tiie Honor- able James Baby, our friend Alexander Macdonel Cullechie, our friend Mr. Bergin, and your friend Peter Macdougall, were on the tipot. The speculative gcnious of the two last is too much upon the alert to allow such a chance as that to pass without their know- ledge. Ever since 1 have come to Upper Canada I have invaria- bly observed, that one Presbyterian or one Methodist would give liimself more trouble to promote the interest of his religion tlian 500 Catholics ; I am the more confirmed in the truth of this apser. tion, by the procrastinations and repeated suspensions of the deci- sion of the Council respecting the grant of the lot at the mouth of the River Trent. Hud proper energy been applied at first the mat. ter might have been decided at once, but by delaying it, additional obstacles and dili cuUies have been daily conjured up. The Eng- lish clergyman of Bellville has held meetings and conferences with the Church >.■' England clergyman of the Carrying Place, &c. Those charitable and disinterested members of the Established Church, not satisfied with one seventh of the whole lands of liio Province, muat draw up a petition to their Bishop* now at Dr. W. J. O'Grady. S7 Head Quartora to prevent the Catholics from obtaining a grant of this solitary lot at the mouth of the River Trent and His Lordship has assured those clergymen that there was not tiie least chance of our ohtaining the Lot. — Hence all the changes and yacilating in the Council, and the important discoveries of its being one day a (yhurch Lot, and another a site for a Town. Since the death of General Brock till the arrival of his present Excellency I had invariably found an incessant secret, influence undermining and counteracting my efforts and exertions to contri- butemnril and religious instructions to His Majesty's Catholic sub- jects'of Upper Canada. After receiving the Prince Regent's thanks for my own conduct in defence of the Province during the late war ; the Colonial Minister Earl Buthurst cncreaeed my own salary, an d sent orders to the Executive Government of the Province to pay ho much annually to a certain number cf Catholic Clergymen and Toaclinrs tiiat I »va3 to recommend ; but notwithstanding that those individuals had entered upon the disciiarge of their duty by my direc- tions, and that I produced the positive orders of Earl Bathurst that 1 bey should receive their salaries ; yet Di:, Strachan and Justice Pi'»\vell who under the nominal administration of Colonel Smithj Mr. Goyo, and Sir Peregrine Maitland actually governed the Province till they quarrelled among themselves resisted the payment of those salaries in defiance of His Lordship's orders for seven years, and obliget^ me to take two journeys to Europe at no small trouble aiid expens.?. The I'ibcrality and manly vigor of Sir John Colborne's mind baa kept our enemies at bay since the commencement of his prosperous aJministr\tion, but his great kindness to us is a sufficient cause for stirring the envy and the malice of those who vvould wish to keep us for over in the back ground, and I am sure their secret machina- tions arc in nctive operation in other matters as well as in depriving us of the lands at the mouth of the Trent, and I am very certain that if you are not upon the alert and do not proceed with both vigouc and prudence? our Penetanguishine Mission will full to the ground» and the allowance made to the Missionary or Teacher of the Huron Indians at Am.ierstburgh will be lost. I however still depend much on your active teal, and the good intention and justice of Sir John. I have no words to express my indignation at the disgraceful con- duct of the two Alissionaries of the Western District towards Fran- cis Baby, Eaq. the most independent, the most upright, and I verily believe the most linnest member that ever sat in the Provincial As- sembly of Uppei* Canada since its first formation, and a Catholic ; to oppose such a man, and lend their baneful influence to Bupjjort a deep designing eni?my of their Holy Religion and of every sincere professor of it ! ! ! Such conduct appears to me not only mischiev- ous, malicious, and disgraceful but down-right madness, and would lead a person to bolieve that they themselves are really infected with the very crime vhich they impute to Mr. Baby. Tf, if'i.i 'T' ■• ho^vevtr no great sagacity to perceive that Mr. Cro* ''ifn'« hcotihly towaids that gentleman is berause he conceives li ;;( a bar la (U<. way of carrying into execution, his selfish views ."■u .lie i'o.on'MS f f th<> Pitrish and the latuU of the nuns. ISione '"&« Vifj n :>d convinced of the injurious consequence of Mr. Cre '!tr' ) very improper conduct throughout, nor more deterinined I. I.; III 38 EviDEVfF. OF^ lir.fl.- Mi 9' iJ, to lot him ffol tlio effects of it tlmn I. fndood it was my in(f-n- tion for some time past to romove liiin, and tiio only tiling that prevented me was tlie diflicuity of getting liim replaced. Tiie ' Disliops of Lower Canada are not much disposodto part with uny of tiieir clergy that they find useful for tiiemselves, and tlioac they would most readily part with would be the least utieful to us. Tile tytliea and casualties of tlie paribh of Sandwich would be no duubt an inducement to a Canadian pricbt if tliosc were found to be mucii greater tJinn h'.a own, but were they ten times greater than they are he would tliink iiimself perfectly jiinli- fied, and even aulhorisod to apply tlie whole of them in entertaining liis friends and enriching his family who seldom turn out the more respectable or the better christians for being jiampered on the reve- nues of the church and the patrimony of tiie poor. I would be extremely sorry that tiie conduct of Messrs. Crovior and Fluet should be exposed before His Excellency, the Lieutenant (iovernor, and still more so before tlie Provincial Assembly first because the mischief already done could not thereby be remedied ; Hccondly because a recurrence of a similar evil may easily, and e!'-. feclually be prevented without resorting to such a measure, ai.d thirdly because very many of the members of the Assembly wfio are inveterate enemies to our holy religion and most anxious td, and lioly zeal fur the n'ligioii of Christ which filled their own hjarts to the hard and selfish mind of some of our Canadians of both Pro- V nces. 1 request to know the lime that tkc lot of land granted by tlio late Bshop Burke to the mission of York was slM for the taxep, and the person who bought it. Whatever documents f have or can )n-ocure to prove the kgality of our right to that property shall be forwarded to you. Please to accept of my most sincere tlicnks for your kuid and friendly ofTor of quarters under your hospitable roof dur- ing my projected visit to York this winter. In truth I ought to be ashamed of all the trouble I huyo given you and your brother's excellent family all the tiines f have; been 'at York tj, 1831. Viiiiv Rev. and Deak Sin: Your valuable and much esteemed communication of the 9th current came to hand by the last post. I am cliarmed and deligiited with your successful exertions in promoting the sacred causi.' ill wiiich we are both embarked, and f never ce.iso tlianking the Diviiif Goodness who in the decline of my hoaltli and mental faculties has been graciously pleased to SPud me so zealoug and so powerful a co-operator as you have already proved yourself to be, in this infant portion of Our JjOrd's vineyavd. Wliatynu are plea- sed to call a mud sw!)/ i^tliers may perliaps call weakness and imbecility, but we have always made it a principle of action never to resort 10 f.xtrfmitierf until the nature of t lie case reiuiered coercive x-'easurca ueccosary. There jq a point Lcyond wlucli indulgence ^ I» ' 40 Evidence of ^ '■. ■3- ft* and forbooranco cannot be carried, without Bwcrvin«f from duty'^ and betraying the sacred trust committed to our cimrge ; the Rev. Mr. Crevjer having ac length driven us to that point ehall find us as firm and determined in the execution of our duty as we had been reluctant to adopt harah measures while there remained any hope of milder ones sufficing. In my last letter I trust you would fmd my orders and instructions regarding xMr. orevier euffi. ciently ample. When you got to Sandwich, and shall have arranged the most important part of your business there, you will send tor Mr. Fluett and make such arrangements with him as you may find expedient, after having taken nil the necessary informations respecting his different missions of Amherstburgh, tlio River Tliames, and Rai- down. You arc at liberty to i\s. iiis residence at citlier of the two first places where you will judge it most conducive to the good of religion, but I think Amiicrstburgh ought to be his principal rosi- donce. It gives mo heartfelt pleasure to find yo;) eo well satisfied with the few elcrgymcn I have been able to send under your jurisdiction and control. The greatest satisfacljon that I can enjoy in this lifa and I may say the only one is hearing of tiic good conduct, and well doing of those ecclesiastics I have been struggling to educate and train up for the sacred ministry. Although not profound theologiana nor deeply vnrsod in abstruse sciences, I trust they will be guided, by the influence of a true apostolic spirit and prove sufficiently ca- pable to affi)rd the necessary moral and rjligiona instructions to those under their spiritual directions to secure their eternal salva- tion. The zeal and activity of the Catholics in the townships mention- ed in your letter in co-oporating with the Missionaries in building churches, and diffusinr; tliC sacred principles of our holy religion ia no email addition to my consolation and comfort on this occasion ; but the credit of their conduct, and of the wonderful progress of the good work, is next to Divine Providence due to you wliose ju- dicious fylans and wise regulations they only carry into execution. 1 have three more ecclesiastics now in the third yciir of their theo- logy, one of these I find nr^ccssary to retain about myaelf, the other two I could spare and would be glad to send you one of them if you wished it, but Mr. Campion has taught UH not to make them tou soon their own masters, and, therefore, for tiic future no clergy. man shall have charge of a mission until ho be on : or two years under the surveillance and command of an fldor missionary. I admit the justness of your observation in reference to the Rev. Mr. Fluet, but I trust you will do your utmost to preserve the pen- fiion for the teacher of the Indians of Amherstburgh whether it be Mr. Fluet or any other you may settle in that place. I hereby give you full and amp! < powers to make the exchange required wit'* our excellent friend ('olonel Allan between the land in VVilmot and in Guelph, and I shall be ready to sign any instru- ments that may be nccecsary when I get np to York. I feel ex. tremely happy and return you many thanks for obtaining the patent for the lands granted to tlie nuns and Parish Church of Kandwich iSofar from accusing you of inertness, or inactivity that I feel ui^ Dr. W. J. O'Gkady. 11 debtcd to you and give full credit for all the acquiBifion that tliiti Diocess has made since you have been ut York, which ii more than waa done for the whole time previous. Your Petition for the Lot at the mouth of the River Trent I very much approve of oe an en- ergetic, respectful, and a very spirited one. From the shuffling and unmanly conduct of the Council in this afTairr you will now bo convinced of the truth of my assertion that a secret influence is constantly at work to arrest the progress of the Catholic Religion in this Province. It affords me mucii gratification that you have 60 wonderfully ad'ocated the cause of our friend Mr. MacCuniff. It is true enough, that several of the rJagiatrates of Kingston are afraid of him and have good reason to b.j so, because were lie to expose the very improper conduct of some of them which he has in his power to do, they should never sit upon a Magisterial Bench in Kingston or elsewhere, and IP" Excellency needs not dread a deficiency of as worthy and as able characters to fill the Bench of Magistrates in Kingston as those who threaten to resign in the event of McCunift"'s appointment. The truth is there is an Augean Stable to clean out m Kingston, and perhaps the sooner the work is done the better. I return you my most grateful thanks for your i M'Donell's favour for £40 on the Umk, which he sai'i w'.is to pay the IJishop's traveliiiiu; expenses to and from Saml- wich. 1 was aware that this was a misai-iplication of the funds. There was another case. 1 understood thai .Mr. Angus IM'DoiieU the lJishop'.s nephew, got his share of the Government appropri- ation, (allhough it was refused to I\Ir. Cicvier, whcm lli<> IJi.sluvp removed,) on the supposition ihnt his tytlies were sutllcicnt for I/m maiutenaiioe. Alter INlr. JM'DoneH's rei oval to ^^andwich — After I\lr. Crevier was removed lie .s])ent the winter with liishop M'Doncll, who gave him a check for a jjortion of this money, al- though he, Mr. Crevier, was not in charge of any parish. With regard to the mal-appropriation, 1 was one of the Connuittee appointed at an adjourned meeting convened by IJishoiJ MDoiiell, t;. eiifjuire into and report upon the state of tlie Roman Catholic Reliiiion in Upper Canada. The ]?ev. Lawrence IWmipsey gavo in evidence before us, that he was obliged to sign receipts to iJisliop ISl'Domiell in the capacity of Schoolmaster, for monies he never received, and that he never was a schoolmaster. The Re". 7«lr. Gordon's evidence wa.s a corroboration of Mr. Dempsey'.s. Mr. Gordon i-: now officiating cltMgymnn at Niagara. It was given in evidence that a quantity of Sacred Vestments and Church Plate had been presented by Cardinal Weld for gratuitous distribution amongst the Clergy of the Province, and that they were sold to those Clergymen by IJisliop r>l'I)onnell, who took their notes and stopped the amount out of the (JJovcrnment apjiropriation. 1 was a member of the commission appointed by the Roman CiUho- hc congregation of the Parish of this city, who enijiiired among other matters into the application of £C50, sterling, paid by (rovernment for Roman Catholic Schools, as a i)art of tlie annual grant to the Clergy. Doctor O'Grady gave the lollowing evi dcnce before us " that when the Rev. Mr. Cullen was ordained into the priesthood, he declared to him (Dr. O'Grady) his readi ness to testify on oath, that he never acted in the capacity of a school master, and moreover that he was forced against his will and conscienct by shop ipts were never paid him, either as being such allcdged Schoohnastcr or Dtbcrwise. {The Jf'U7icss tcHJidrcti'.) IMAGE EVALUATION TEST TARGET (MT-3) /. 1.0 1.1 1.25 2.2 20 U 11.6 LA 12^ 6" Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MfSO (716) 872-4503 '9> l/.A 44 Evidence o^ COLONEL ALEXANDER CHISHOLM, M. P. P.- in and Examined. calltd I I 234. How many Justices of the Peace are there in the County you represent, and how many in each T^ownship? — A new Com- I'liiRsion has been ( issued since I left Glengarry. When I left home there were nine Magistrates resident in Charlotfenburgh— three in Lochiel, OniB in Lancaster, but none in Kenyoii. 235. Are the Justices of the Peace resident in you/ County chosen exclusively from one party in politics, oi- indiscriminately from respectable men entertaiiling Various political opinions ?— I am not aware that the appointments were made with refarence to the political opinions of the persons appointed. 23G. Are men chosen to fill the Comrrlission of the Peace, and the offices of the district who have been long resident in it, or are struigers more generally preferred ? — I cannot answer that question positively. 237. What Bank notes have tlie greatest circulation in your district ? — 1 cannot say ; I expect there are as many Lower Ca- nada Bank notes as any other. 238. What is the state of the roads in your t)istrict ?— Bad. 239. Are the common schools in your District sufficiently numerous and efficient for the wants of the country ? — They are numerous, but not efficient. 240. Do you think the Lieutc lant-Governors, of themselves, possess a suificient knowledge of the inhabitants of the several districts to enable them to select judicious persona as Justices of the Peace ? — I should think not. I am rather of opinion that the new Commission was issued upon the recommendation of the late members of Assembly. 24L Has any inconvenience resulted in your district from the selection of voting places at Elections, and what places wnuld you recommend for your county ? — I am of opinion that two poll- ing places would be best. The two mv^st central places, in my opinion, are Williamstown and Alexandiiii. 242. Have the moniesarising from the sale of wild lands for assessed taxes, or from payment of such assessments on there lands been prudently expended by the Magistrates in your Dis- trict? — I rather think that such parts as the law requires to be applied on the road^ has been prudently expended. I, as a Ma- gistrate, recommended that the remainder be applied towards paying the expense of erecting the Gaol and Court-house, in- stead of which, it was applied to Government purposes. 243. Is it just to the Baptists, Quakers, Menonists, Tunkardst Independents, Seceders and other classes of Christians, whose spiritual teachers, receive no share of the public revenue, for their religious services, that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid to them for their performance of their religious duties ?— My opinion of that is, that no particular sect should be required Coi,. AiT.x. Ciii3i;oi/.i, M. V. P. 45 fr» pontiibiitf to the maintonanrc of ni'v oilier^— fliat nM vltonM he KUpportpfl hv ront>'il)iitions Irom their own particnlnr Congr^ )5itio!i«i. If tliis monpy •>" civrn with n view ol li^tilitating our way to the other world, I think ench (lci)oinin;»tion should pay for the salvation ol"tlieir own soul". fit'l. Tlic Comniitfee itnderstand thrit larc;p rrnnt" orrn1(isM«» eU'*.rcd lands havo been made of late to Clorwymen of the Church of F^ngland for (ilebes. is this so within your knowledge ?■ — No. C4.'>. Do you know if the sum of £(501)0 of the public inonif •! (in the hands of JJishop M'Donell) boini» lent to the IIuh^a of Alaitlnnd, Gardner and Auidjo? — Only by report. 210. What Schoolmasters did the Hishop brinjj from Enrop« ? —Four, Mr. Hammond, .Mr. Murdook, iSlr. M'Donald, ami Air. M'Pherson. 1 think the latter came from the Wfst Indies. 247. From wijat funds wero tliey paid? — -I cannot fell. I nn- tlcrstand that £100 is allowed for each of them by povsrnment. 24H. Did they teach School ' — Three of tliem taught school in (ticngarry for some time. Otic of them taught a cotnraoN school. 240. Are tliere any Catholic School IMa-ters now in Cilenjrar- ry, paid out of the (fovoruinent appropriation to such teachers 1— 1 am not aware that th(>re are. IJishop M'Donell paid the School- masters referred to in my former ans.ver. It is more than At* years since tiicy left. T am aware that the Bishop has been orcn- sionally givin!^ the (.'oinmou School Toacherat Alexandria som« money. I know that he had paid him in all £J8 — this was ahoiit a year or two ago. 250. Out of what funds did the Hishop htiild fh«» Church at Ivaphacl<; ? — I have never seen the accounts, though » member of that Church — 1 have licnni a good deal «»f entreaty made hy the Clergy for persons to cf)mc forward and assist in ^eff^ng up the building. 1 had no personal concern with the builUng of' the Churdi myself. 231. Was there any government pjnnts towards building that- ehurcli ! — I have no certainty that such was the case. "JTi. Dons tlie 15'shop exact tythes from the Catho/ies of ''pn^r Canada! — -In rtlengcirry, the clergy exact tythes, under th« iMrh.-)rity of the old French law. "-53. Are there many memliers of the Church of Fnglnnd in Glengarry 7— There are very few, I scarcely know a fanii/v, bin there are .'13,00) acres of land set r.part for I heir clergy. 251. Are there many Catholics in (ilengarry ! — I think thr-t the County is about etjually divided between Catholics and Pre«- byteriaiis. 255. Are you aciuaiuted wi,h Mr. Gillivrny ? — I was acquaint- ed wiili him. 25f5. Aie ynu aware (liat he was rgeiit fur ihe Risliop in the foiiertion of notes d'le lor tythes and marriages? — | saw a man piy him money on behalf of the IJishop. I do not know whut the note wns for. 2"i7. \Miat is the j'^ueral clnrje for marryinj? — r>i'twccn tw» a'ld finer doMavs. 2'":*. r>id VOIl rvry hf>;}r fhilt ll'r «,llin ol" AssTM. \o, 21. M I; C'27t Wri? ever uh;ti:;'H 40 EvJDEXrE or for marrisgp 1 — N'o. Hut dnrtng the builJin^ of tlie Clnirch, I hav« heard instancps of persons signing notes for £25 towards de* frnyin;!; the expeii:$e uf the building. 259. Did it ev«M' come within your knowledge that the cattle, cowst, and ehattt'l property of persons suhscrihiag to the Church, were soM to p;ty their snhHcription I — Yes. iJOO. In wh.tt rinMunstaiueii were these men who were eall^'d upon to give flieir uutes for £2^) towards building the Church? — Generally farnicis. 201. Were any labonrinji men who were not freeholdtrfl, rail- ed upon to |)av this sum ? — I heard of several yonng men giving their notes, without any reasonable prospect of paying. 203. Was this £'^5 ever demanded except from persons getting married ?— Yes. It was the general average toward-* paying for the building the Church. 203. Are you aware that Catholic Scliool ITonses have hr-en erected, or Cathohc S^ho*!! Masters maintained out of the funds provided by the Government ? — T!uMe was a School House erect- ed at St. Raphaels, but I cannot s;iy from what funds. I am not acquainted with what has been done in other parts of the Pro- vince. 204. Does not the inequality of the system of taxation of rate- able property, cultivated aiid uncuHivatftd, tiHTord just grounds of complaint on the part of the people I — I do not think it does, as far as GIen.:5airy is concerned. 205. Have not the resident settlors by the imi)rovemGnt9 they ' '*'" " " *~ "- ' - ''- • ■- -' for le iiU have made, and the IJotise of .\ss.«n)!)ly by its liberal grants ft lloads, Bri'iges, and in aid of hdand Naviv ntinn, givftn t.-) tl (Mihlic Lands tholv gr^?atly incre;isej] value as poiupurod wii 1792 ?— I shotild suppose so. 200. Ought not the revenue arising from these lands to have heen applied to the liquidation of the war claims, instead of in- creasing the public debt and duties on imports for that purpose? — -1 think that the wild lands should be at the disposal of the l,c- gisluture, to be applied to such purpoi^es as they should consider best. 207. What h;v» b?en t!>e efl't^nt prodnceJ in ynur C^omity by the sale of Wild fr arrears of t.ixos .' Such as h.ive Ii>."t their lands feel dissatisfied. 203. Has the effect beon to divide proprrfy, or to a/;cnm>i:;it'? it inso the hands of a few iivliyidnals? — I could nut say, until I couldisec how much, each individual has. 269. Wojild not the Bintislt Constitutional sy.^tom. by whic'i the heud of the. jioverumeiit is obli!»<«V to choose his councilion and prinuipal o/heers from amon?: iiion. poss&ising the coniVdi'iito of the popular branch of the Li ;;i^l.ituio, bo mine snit;tl)li^ to r!;- wants and wishes of thr country, if .niopted in l^'Pt^*" Canada, r}.;in the presetit irres|»onsii»le mode of fv)vorntneiii .' — I ilmik if tlit^ Legislature and Executive would piiM one \v,iy it .vjuht Ku lic^t. 270. WhrJt check would you propose on haviiij; na.tint and in- judcioij.* le;;islafit)n in Tn^iand, nfVccfinjj thr. comiM'-: ic, ;n:ii throJ^h it the gcuei.il iiUejtst.s uud piopuily of tliij Colon) ■— » urch, 1 iirds de- B cattle, I^hurch, re Ciill«'d urch?— rn, rail- n giving 3 getting; lying for ave bfen :he funds ise erect- I am not the Pro- n of ratc- rounda of t duea, a3 onts thfjr rants for Ru t.i the \rod wiiU Is to havfi ad of h»- pnr|)ost> ? if the !■('- 1 considL'r ^ounly by as h.ivri uiilil I iy which MinciU(M4 mild I' 11 CO il)!o to fl;- )t uik It tlK^ i hi! lnjht. ;il iioil ill- Col. Alix. Cms holm, M. P. P. 47 ,! ;u;d oliiir* :— » I think that such matters might bo left to the tv^i^dum of the L«> gisiature of this I'rnvince. 271. Oujrht not the whole piil»lir revpnim to be paid in the gross into the exchecjiier or treasury of (lie Colony, aud the proceeds appHed only according to law' — I think so. 272. What clicck h;is the House of Assembly on the other branches of thn (iovernm "iit as a moans of preventing executive usurpation of |)opular riglits ! — I hhonid tiiialc that the otiKf branches care but little aixmt the Assembly stopping the supplier while they exclusively have the cuutrol of the Casual and T«rri- forial Revenue. 27.'J. A mither subject of complaint is the coi)tiriU'y have ciiildren, society looks fur them to aixpyoft f.JbejA cqunlly, and not leave theju a burthen on society, 274. Many complaints are made that the Judges and Clergy- men of the Church of lOugland and Itcune hold naatB in the Lu« gislativ« and E7,eculive Councils; are not such seats incompati- ble with their spiritual and judicial functions? — I think that with regard to clergymen they have enough to do Itaiiittir s^Hi'itual dtr partment. 27.5. Do you consider the Canada (.'ompany a benefit or an in- jury to tlie Province. Are not the grants or sales of Land to this company of speculators rcsi(iing in Europe an improper transfer pf the functions of the Government ? — I think so, I think it is better there should be no agent in the shape of a land com- pany between the (roveinor ami the Emigrtint. I think the Ca- nada Company injurious because whatever money is paid to the company is taken how 'he, sum which might have improved hi» farm. I think it is better ic riiiso taxes from improved property tlian to lay them as a weight upon th(; original settlers — that after I>ersons hnve made themselves comfortable they are then to con- tribute to the neceseifics oi' society. 27d. \V hat are your objections to an Elective Legislative Coun- cil, and what are your objections to the Legislative Council as now constituted ? — I have not given sufficieut consideration to the subject to know how it could be unproved. 277. Do you not consider the custom of pensioning the judges to a large annual amount, by orders from the Colonial Office, out of tlie Upjier Canada tleveiuie, and without reference to the Provincial Lej^islature, destructive of the independence of the boneh in a great measure ] — I should think it much better to regulate tiieir retiring pens'uns by law, having reference to the extent ot their services. 278. How can a bench of judges dependent on the Colonial Ofhce for their customary retiring pensions, and independent of the House of Assembly, act impartially bciwcen the parties in Ciises where a collision may iuise between the Legislative and Ex' cc'ii-ivfc Ik'purtments iu ihu Colony, or bttuteu the Uritisb Sta- 46 Emdlxcl or «r ' ■' HilM aud the Proiiuial Lu\t«. — I iLiiiL Luuiuu ixatuic Luti u leafl' lu^ to the hauil that teeJit it. !j7!>. Ought not thu.'ie persons whu udviae Mm Majft.tty iu hi« appuintinetit uf fit ix-isous tu iill the judiciul bcuch to bo rt;»i)ou- tiible tu the country ?-i-l thiuk so. 280. Aie you of opitiiuu tluit the Chipf Justire or any of the Judges ouuht to sit in the Legislative Council'.' May not the Judge be called on in his Legisluti.e ca])acity to pa^js opinions and «nact measures of severity against the ini^ividual whom afterwurda ))« may be called upon to try as a Judge in the Courts ?— I think that a Judge having given hio opiuiou ouce, iihuuld uot kit a second time on the same case. 281. What fees were charged by Sheriff's on the sale of wild lands for taxes iu your district ? — Only seven khilliugs and siii* pence currency, and ficc deeds afttrwards given by the Sheriff. 383. WhcU objection can be urged against a fair and equal re« freseutiun of the qualilied Electors in the House of Assembly ?-~ Why should four townships iu one part as a county, with 4.000 iuhabitauts send two meiubcrs, and five or six in another part, as a riding with 15,000 send only one 1 — This arrangement being b^sed neither ou extent of territory, property, nor population ?-« Fapulaticn and territory 1 tlimk should bu the basis. 383. Does not a vast annual additional expense fall on the Pro« viuee owing to the continual rejection of bills of a general char* actar sent up by the House of Assembly, rejected in the Legis- lative Council, and again introduced, debated and sent up by the House of Assembly ? — I cannot say what bills have been sent, but the tendency of coutinuully refusing bills must create addi tional expense. 284. In what way can the popular branch of the Lcgislatur influence the Government so as to secure the appointment oi ptopet persons as arbitrators to deride each four years on th« ftfoportion if revenue coming to Upper Canada from duties levied at the port of Quebec ? — They could only recommend au arbitrator by the rcBolutiou of the House of Assembly. 38.5. What becomes of the Clejgy llescrve monies vested iu the British funds? — I cannot tell. 386. Are Grand and Petit Jurors summoned with perfect fair- ness in your district ? — I think so, for I have at different times been observing the Sheriff' iu cases when 1 supposed he had a fteling ; and 1 could ucvcr disccru the least appearance of par* liiility. 887. Do you think the local knowledge possessed by the Lieu- tenant Governors of this colony fully sufficient to enable them to nominate independent men otherwise well qualified to the office of Legislative Councillors .' — 1 thiuk that a good deal depends upon the information they get from others. 387. The Vote by Ballot in Elections is prayed for in many petitions both to the Assembly and to his 3Iaje8ty — What is your •piniou of this mode of votiu^j ? — I am i'l favor of that system of votiag. {Tlie Witness uUhdnw.) Rev. Amjis McDoM'.ix. 49 lU RET. ANGUS McDO.NELL, Clke op Hxm^wicu, caU.^d in mud e^amiiud. 288. Has there been at any time, williin your kiiowledg^e, any one bcliuolnmster residing and teacliinj; in tiiia cily, wlio received any salary, or portion of tiie appropnutiou (riven lu Caliiulic teacli- CM, for liis tervicts ' — Yet, Jolm JSuwyer, orSeviis; he received willjiu my knowledge about X'CO per yc^r for teaching iu this place. 269. How long since he taught in this place? — I cannot toll, but f saw the money paid to liini laut winter. I think tiiero id Aiioiher teacher now in iiis place who will receive tlie money. 290. Have you any knowlcd^'e of a percoa iiunicd Jolui Jiutler having received any portion of if, under the pretext of hiu being a BchoolnuHter ! — No, I do not know any thing of it. 1 know Mr. liuller, but do not know tiiat he hus received any government nioney. If he had received inoiiey , it was not received ia the cajia- city of a schoolnioster. 281. Was he, Butler, bo)ia Jlde a schoolmaster coming within the intention of Earl Batiinrst'8 dedpatcii auliiorising liisiiop McDonell to apply one-fourth of Ui8 Mujesty's bounty for tiie clergy to tliu paymeut of bchool masters 1 — Mr. 13utler might have received some- thing at one peiiod as a scLoolinabteri because he taught school at one time here in this town. 292. Have you any knowledge of the Rev. P. McDonogh having at any time refused to receive his porlioa of the government ap. propriation, and if so, what were his staled reason or reasons ?-— Ko, I believe be aUvaya received hi^ liharo of tho govoiuiaeul aX- luwance. 293. Have you any knowledge of a sum of j£900 sterling, or any other sum or sums, having been received by Bisiiop McDoitell or any other person on iiis behalf, from His Majeaty's Government or the Local Government, for any ecclesiastical or oiher public purpose ; and if so, stale how the same has been applied ? — I un- derstood there had been i.'900 received for the erection of churches. As to the manner in which it was appropriated I cannot give an fxact account, but I know that jCSOO has been applied towarda flniehingt' 't Church at Glengarry — jC15U to put an addition to thn Church in Kiniiston — Xi2o to the Churcli at Loughborough — j£33 to the Church at Camden — 1 believe jG40to lhe('liurch at Londoa —and about the same suni to the Church at St. Thomas' — I think it was JCIUO to the Church at Niagara, and about the same amount to the Church at St. Calharinoe — jind 1 believe it was JCIOO to the Church at Peterborough^ — £90 fur the erection of the new Church at Amherstburgh — the re^t has been divided between the diQerout misflionp, but 1 do not know in what proportion. 294. In whose care was the money expended on the Churcli at Glengarry placed 1 — In the hands of commissioners nominatrd, I bflieve, by the Bisliop — they were Col. Alexander Fraser, Hugh McGiliis, Esq., and the Right Rev. Remigius Ganlin. 295. Was £100, expended on the Petorborougli Church, receiv- ed as a donation from Cardinal Weld ? — The rauaey has been sub* 8eril)f d hut not drawn. S93. Did you ever present a petition either by yourself individu- 50 EviDF.NCE or V^fSMl ftlly or in conjunction with any otlirr, and with whom, to the liead of the Executive o( this* Provinc<>, complaining of the mal-appro> priation ot' uer'ain nionios placed at Bishop McDoneli'e dinpobal for eccleaiastical or other pnblic piirpoiiea 1 — f never prebciitcd any petition myaelf, or in conjunction with any other person, com* plaining of mal-appropriation by Bishop iMcDoneJl of any sumim of money received by him vvliich :;ould come unthir fho control of the ProviiiciHl Parliament. 297. Did yoii prosent to the Lientenniit Governor any petition, at any lime, complaining tiiat monies wiiich iind boon placed m tiio BiHJiup'u hands for ecclciiiuKlical purposeR, had been miHupphed?-^ No, 1 never did. The pi.'litiun I prt'eented wi«s merely enquiring what eums of money had been paid by the Briiibh Government for ine, from period to period. 298. Have you a copy of that pefition ? — I have not a copy here. 299. What way the reuBuu thai iMr. Crevier was removed from Sandwich 1 — I do not know. 80(). Do you know of any sum of money lodged by Bishop McDo- nell i.:i the hands of Maitland, Garden and Auldjo, the appropriuUon of the Imperial Government for schools and for ecclesiastical purpo. sea 1 — The Bishop, when in England, received a sum of from £2,000 to j£3,000, which he lodg< d in tlie lioiise of Maitland, Gar. den and Auldjo, because he was then on his way to Roiie, which hoimo failed before the Bishop's return to the country, and the JJishop has been compelled tu pay this money out of his own pri* vate funds. 301. Arc you aware that one-fourth of the annu>«l appropriation made in England is for the support of echoul.s?— No, but the B;- shop has discretionary power to nppropriutcone-fuurthof the annual appropr'at ion to the support of schO')ls. There are eome schoold in the Province parliaiiy maintained trom this bounty. 302. Is it just to the B.ipliptP, QuiiUers, iMenonists, Tunkers, I'l* dependents, Seceders, and otiier Ctinst.iunH, whose spiritual teaclu era receive no share of the public; r'-vnuut; for tlit,ir religious servi. ces, that the clergy of the Kirk of S>minc»n Solioaltj m your District iufticicniiy inJ. n^ r. DalTON, Esq. 51 m^mw nnance; I I thinlf that if the jCl(X) would be d'vidcd among four coiPmon 6clinol9 it would tend more fi^r the benefit of the country. 3()8. What tyth(!8 are generally exacted about Gicn^rarry or Sandwich ? — Tl»e twenf y-eixth hnwliel of grain only. The Witness withdrew. . THOMAS DALTON, Esq. Toronto, called in and tr- aniined. 309. Are you the proprietor of the Patriot newspaper?—! am; the series conimonccd in Noveniber, 1829. 310. What postatredid you pay in 1830 and 1831 1—1 paid while I puhlislicd ia Kingston about £125, this was to the c nd of 1H32. 311. Is the return corroct whirh states you to have paid in 1829 £5 ; in 1830 nothing ; and only £6 in 1831 1— It is not corr(!Ct. 312. What mi«(ht be the amount paid during these years? — I think 70 or £80. 313. The Kinjfston Chronicle is entcrnod in this Return as payiuj; £lO a-year ; is that a fair return ? — I should not sup- j)i c ^ tliat ihey cv( r sent so few as 50 copies. 31 i. Do you know any law under which newspaper postage ran he collected in Upper Canada as a perquisite to a Post- ni.ister ? — No : I do not believe they pretend It is by law, but hy an order of tho Postmaster- General, and given as a per- quisite to his deputy, as I understand. 315. Are not the Letter Postage rates, where they exceed Is. 3<1. currency, on a single letter, (which is the maximum for the greatest |M>ssil)le distance in the United States) injuri- ous to trade and unnecessarily burthensonte on this commn- iMtyl — I have always thought the postage from hero to Eng- la;nl as enormous. 317. !Ii)w would you /ecommend newspaper postatre to be collectod 1 — 1 think it ought to be collected from tho party re- c«!ivi;i2; tlio newspaper. 31S. D.) vou think that newspapers ought to be subject to pnstuj^e? — .1 d« fjr the reason that it is a valuable service pf-rfornu'il to the person reroiving thn papor, with ihe ex- f.Hij.sf of u'!i!o!i, i!i'.; public oai^ht not to be burthencd; bc- ••,»'»s it wur.M \n> tnxtn.^i tiio poor to maintain the rich. "in. W'Kit r;iti> «)f postaiife would you recommend on ne^'s- {>!;'' rj !— Nvt iui,>r<' iliu.. .i iiiilf-pciiiiy per slieet. ( V'.U Tr(tt op Dcn- iiAM, (•(///('(/ /« (/«(/ fxtimindf. ' ^1. ITow tunny ju'tirr*! nf f'lo p«nr" nr^* t'l^r^' in th" rnunfy ton rt'iircscnt, and lio'v iiriiiy in pirli towiisliip ? — I do nut kiwyw, » ri''w r(ittiini''siiiti lia** ijotjf il(»wn l.itoly. ."Wl. IfiivH VDii mnli' nTntMiinMnlatioiii to His nxreircnry for fit men tn In* placed ir^ tiio coiririiisHioii of flio peace ? — No, I n?v»T dill tt» my kiiKH Irdsc. 3'iC. Arc tlu' jiistirrs (/(' iJio ponrr", rf>^iiTcnt in your coitnfy, •«ht».son oxclusiuHy fniin one party in politics or indiscrimitinftely from rcs])r your district sufTicicntly m?« mcrons and eliicii' it for the wants of the country ? — I think rn»f» '^Zi. Has any inconvenience resulted in your district from th« jirlrction of vutin!; places at elections, and what places wouH you recommend I" r yo'ir county? — •! iliinii it would be better to hive two p(dliii^ plaeex. (Iriines' Inn, iu Cavau, for the front townships of Durham, and fur the back townships Cottingham's Mills. H'^.'). riavo not the resident settlers by the improvemrnts they have made, and the Hous;' of Assembly by its liberal tyrants for ro Ills nnd bridires, ami in aid of Inlatxl Navigation, qivrn to thr pnlilic lands their greatly incrcafrcd value, as compaicd with 179*? — T)«^cidedly so. n^O. Ouirht not the revenue arisinir from these lands to ha»* fleet! applied to the li(|uidation of the war loss claims, instead oyf rti(-re:isinrr the j)ublic debt anil duties Oii imports for that purpose T — V'es, I thiid\ so. t\27. I* it just to the R.tptists, Quakers ^icnonisfs, TunUnrd?», Independents, Seceders, and other classes of ('luistians, wl>o*e spiritual teachers receive no share of the pulilic revenue for iheVr 11 liKioiis surricos, that t!ie cler^ry of the Kirk of Scotland, the Catholic Uishop ami Clerjry, and that the AFcthodist Ministe»-s should, without the sanction of ther I^erjislafure, have a bounty )ad for the perl'orma;i('e of their reli;;ious cfuties ? — I think nor, uf I think w>> oii^ht to h;ive ail l'-;tablished Church : t am fur I a union ot Church and State, and ^ think that the Church of Enu'land oinrht to have the supremacy. 32H. How would you provide for the Church nf England?— ind s oi I have no idea of jiiviiii^ them the one-seventh of tlu I'pppr Canada, but would j^ivc them a respectable inaintCRante out of a part of tliesc FJeseixes. -'{il!). \\'oiild no' tlie Uritish (^'onsfitutional system, liy which the head of the fJovenimeiit is obli;;i-d to choose his councillors anf) priiicii^al f>iT:i:o;s tViim anuinc; nirti possessing the cotififlr n' e of th*" I'opi/lii- lunvfh of the I."jji':rv. SS'i. Woul< not itbede>5ir:d)le that the Clersy and Crown Re- serve:), and all rescivaiions of land, otherwise than for educatioa, were disposed of for pultlic purposes, under the control of th* Legislature] — All, except such parts as might he reserved Ibr the support of the Kstabiiihed Church. lV-Y,i. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Province, and the proceeds applied only according to law? — I am clearly of opiniou that one deposit would be better, because it would be easier look- ed after. 3;U. Another subject of complaint is the continual stoppage of the bill for the more equal distribution of Intestates' Estates; Is the passage of that measure desired in yotir county ? — 1 think not. H3.1. Do you consider the Canada Company a benefit or an in- jury to the Province ; are not the grants or sales of land to this company of speculators, residing in Europe, an improper trans- fer of the functions of the CJovernment? — 1 think the Canada Company have been a very great injury to the country. 336. What are your objections to the Legislative Council as at present constituted ? — None, I should be very sorry to see the people put in the Legislative Council. 337. Will not the Canada Company eventually draw several millions out of the Province, without conferring on the settled population any adequate advantage? — I fhink they will be some advantage, the first settling" of the country and opening the roads are advantages; but the monopoly will eventually be disadvan- tageous. 338. Are there many actions at the instance of banks in yeur district? — There are; each of the endorsers and also the drawer are prosecuted, and three suits and three bills of costs incurred for the recovery of one debt; if the debt to the bank is j£4L the costs in some cases arise as high as £60 additional. The law ought certainly to be altered ; it would be better to notify the endorsers in the first place, and commence an action against the drawer. 339. Have the grants of money for the improvement of roads and bridges been faithfully expended ? — I think they have. 340. Do you not consider the cu.stom of pensioning the judges to a larse annual ainouni. by order from the Colonial Otiice. out of tlie lTpp>r ''anada Reveiiue, and without reference to the Pro- ymcial Legislature, dostvuciive of the independence ef the benck ia a greai iMc.tsjtiie ? — I am not prepared to say. Assr.M. No. 21. n I ! 54 Evidence oP 341. How can a bench of jmlges dcpcmlcnt on the CuloninI Office, for their customary reiirinji pensions, and independent of tho House of AHsend>ly, act impartially between the parties in rases whore a collision may arise between the Legislative and Executive departments in this C(»Iony, or between the British Statutes and the Provincial Laws] — 1 am not prepared to say. 342. Ought not those persons who advise His Majesty in his appointment of fit persons to fill the jitdieial bench bu responsi- ble to the coajitry ? — I thitiU so, certainly. ;J43. In case tlie House of Assembly, or large bodies of the people, should be of opinion that a public ofticer deserved iin- penchment, by what means could he be tiled? — I think there is no public officer, who is truilty of any misdemeanor, who cannot be tried by the Court of King's Bench. 344. Would not an active agent representing the wishes of the people of Upper Canada, in J^ondon, be likely to be of great importance to the commercial and agricultural interests of the country ? — If a person of that description could be found who would be free from politics, he might be very useful. 34,5. Is there a hope that the Legislative Council and Assem- bly, as now constituted, would unite in the choice of such a person? — I should think so. 346, Were not the inhabitants of the Province seriously injur- ed by the refusal of the J^egislative Council, at several sessions, to pass a bill appointing commissioners to treat with commission- ers appointed by act of the liower Canada Parliament, on matters of mutual interest to the two Canadas, especially their trade ?— I would prefer having a port of entry in Lower Canada; I think the best way would be, to have the Provinces united. ,347. Does not a vast annnni additional expense fall on the Province, owing to the continual rejection iif bills of a general character sent up by the House of Assembly, rejected in the Legislative Council, and again intij^duced, and debated, and sent up by the House of Assembly? — I think it a very necessary one, it would be a very hard case if they had not the same power to reject our bills that we have. 348. Are you aware that the members of the Legislative Council receive a far larger proportion of the taxes than they and their families contrfbute ? — I am not aware of that. 349. Do you think the local knowledge possessed by the Lieu- tenaDt Governors of this Colony fully sufficient to enable them to nominate independent men, otherwise well qualified, to th« office of legislative councillors ? — I think so. 350i The vo-te by ballot in elections is prayed for in many pe- titions, both to the Assembly and to His Majesty ; what is your opinion of this mode of voting ? — I do not know a better way to cheat the public than by ballot. Witness withdrew. \Vm. Bl'ell, Knti. M FRIDAY, 13th February, 1835. WILLIAM BUELL, Esq., or Brockvu.le, called in and szaminid. 351. Arc the common schools in your district sufficiently numerous and efliciont for tlio wants of tlie country ] — No. 352. Has any iuconvenience resulted, in your district, from the selection of voting places at elections ; and what place or places would you recommeud for your county 1 — I think the last election for the County of Leeds was held at an impro- per place ; I would lequiro time for retlsction. 353. Do you think tlie Lieutenant Governors of themselves possess ^ sulBcient knowledge of the iniiabitants of the several districts, io enable them to select Judicious persons as Justices of the Peace ] — I do not 354. In what manner are Justices of the Peace appointed in your district? — They are mostly appointed from among per- sons possessing one set of political opinions — I mean opinions in accordance with the views of the Executive. 355. Are you a Justice of (he Peace? — I am not. 356. How often have you been elected as a represcntativa of the County of Leeds ? — I have been elected to two Par- liaments. 357. Was not your father a former member of the House of Assembly ? — Ho was. 358. Was he in the Commission of the Peace ! — He was in the Commission of the Peace at the early settlement of the County; his name must have been left out previous to his election, which was, I think, in 1800 359. Who was your colleague is the last Parliament?-— Matthew M. Howard. 360. Was not his father also a member of the House of Assembly ? — I think he sat in three or four Parliaments, 361. Was either of the Messrs. Howard in the Commission of the Peace-? — I do not recollect that either ever was. If Mr. Howard, sen. was in a short time, he must have been put out again. 362. Did you ever recommend to His Excellency any per- sons as fit to be put in the Commission of the Peace? — Yes I did, at the commencement of the tenth Parliament. 363. Were your recommendations attended to ?— No they were not. 364. A very large sum of money collected by direct taxation is annually entrusted to the Magistrates, they being irrespon- sible to the people either directly or indirectly, would it not be more in accordance with the genius and spirit of llio Con- ! I ! ! t ) 5(5 E Mj)i:.\(i, <'>F stitiuion if lliesn monies ucim pl.icrcl niidrr tlio rontml of |)cr- •ous appoinlcd l)y the i|iiiilifn'(l dci loi.', ? — I tliiiik rlio iiioiiics would l)c Uctier inanaircd iiudcr tin.; cuiiUol uf jicrsioiis selecitjd by i.ijc; (lualifidd electors. 305. IJow many Justices of llic Pence are there in tlie ootiiity you represent, and how nuuiy ' . eacli township ? — 1 think there are about 70 iu tlie Johnstown District. t%6i Ars men chosen to fill the Commission of the Peace and the cilices of the district who have been lone resident in it, or are straiiirers more generally preferred? — Latterly, 1 think, that there have be en more persons not lonir resident in tlie county preferred to the olfices of Justices of the I'eace. 3G7. What Bank notes have the greatest circulation in your district? — Tlie U[)p(!r Canada Bank notes 1 should suppose. 3G8. How many actions is it usual for the Bank to raise against a defaulter wliose note has two endorsers 1 — 1 think three. 369. W.hat is your opinion of the system cf district schools in Upper Canada ? — I think the system is a bad one as tho law is now carried into elfect. 370. What is the state of the roads in your district? — Not very pood. 371. Have the monies arisintr from the side of wild lands for assessed taxes, or from payments on such assessments on th« se lands, been prudently expended by the Magistrates in your district? — A portion of these monies were not prudently expended, particularly about J£700 expended in the town of Brockville. 372. Does not the inequality of the system of taxation of ratable property, cultivated and uncultivated, afford justpround of complaint on the part of the people? — I think it does. 373. Have not the resident settlers, by the improvements they 1.1 ve made, and the House of Assembly, by its liberal grants for roads and bridges, and in aid of inland navigation, given to the public lands their greatly increased value as com- pared with 1792?— Yes. 374. Ought not the revenue arisinof from these lands to have been aftplied to the liquidation of the wf,r loss claims, inst(;ad of increasing the publie debt and duties on imports for that purpose ? — I thinli the Imperial Governnient ought to have paid tlieso claims. But if we have them to pay, thes« lc»nds ought to have been taken in preference. 375. Are yoc the Proprietor of a public newspaper in ITp- per Canada ? — I am. 37(i. How long hgis it been estahlislird ? — Fonr.rcn or 15 year*. I have only been the Vroprif;lei' about 12 }tars. \N -vi. Di i:u., rCs«i. 57 D- H77. Do you -know any Jaw under wliicii newspajjor postajro trail ho foll«'ctfd iii I'ppor Caniichj as a perquisite to u Posl- iiMsler ? — I do not. 1 tljinit it oiiglit not to be given as u pcr- ■i7ii. Would not tlio British constitnlional system, by which the head of the liovoi iment is obliged to choose his Council lors and principal olUcers from among men possessing the con- (lyonce of the |.{»piilar branch of the Legislature, be more suit- able to the wants and wishes of the country, if adopted in Upper Caijada, than the present irres})onsible mode of Gpv- ouiment? — It is my opinion that it would. The irresponsible character of the Government ia one of the principal difficulties Hinder which we labor. .'J79. Was not the refusal of the Legislative Council of this Province to assent to the Assembly's bills in several Parlia- ments for appointing Commissioners to meet those appointed by Lower Canada to consider of n)atter of mutual import- ance to both provinces, a proof of the necessity of a change in the composition of the Upper House? — It proved that they did not do what they ought to have done. 380. The undue preferences and exclusive privileges grant- ed to certain religious denominations are much complained of: Would it not tend to sti*engthen good government if they were altogether abolished ? — Yes, I think so. 38 L Is it just to the Baptists, Qu' kers, Menonists, Tunkers, Independents, Seced?rs and other denominations of christians, whoso spiritual teachers receive no share of the public reve- nue for their religious services, th^it the clergy oi the Kirk of .Scotland, the Catholic Bishop and clergy, and the Methodist ministerii should, without ti.e ,sanction of the Lcinslature, have a bounty paid for tlie perforniunco of their religious duties? — I think not. 382. Would it not be better that the sale and disposal of the public lands and other public properly were, in all cases, regulated by law? — I think so. 383. What check has tiie House of Assenibly on the other branches of the Government as a means of preventing execu- tive usurpations of popular rights? — 1 do not think they have any real and substantial check. 384. Ought not the public revenue to he paid in the gross into the Excheqi «m" or Treasury of the Colony and the pro- ceeds applied only accord^ig to law ? — I think that ought to b^' tiie case ; were this done it would afford a check in the hands of the Assembly. 3So. Anoi'u'r subject of complaint is the continual stoppar-e •i the bill fo) -ho isijit e'ii.ril d.vL'.on of iyiLeslat« t's'tules. — is 58 Evidence of mi i': : mM.4'>. the passage of that bill Josin.'d in your county ? — I thhik. it is by a niajoriiy oC tho peojilt*. iiS6. Voii reside in IJrokvillo ? — Yos. 387. Do you not consider tlie custom of pcnsionin;^ the Judges to a larj^e annual amount, by orders from the Colonial office, out of thc5 Upper Canada revenue and without refer- ence to tiie Provincial Legislature, destructive of the inde- pendence of the Bench in a groat measure 1 — I think it may liavc a had eflect on the independence of the Bench. 38S. Are there not too many dependant persons, and hold- ers of office in the Legislative Council? — I should say there was, as far as my information goes. 389. Are you aware that the powers and duties of the Ex- ecutive Council are dofmed by law? — 1 am not- 390. The vote by ballot in elections is prayed for in many petitions both to tho Assembly and to His Majesty. Wha* is your opinion of this mode of votitig? — 1 think' it the modo that should be adopted in this Province. 391. Would it not be desirable that tlie Clergy and Crown R(!serves and all Reservations of land, otherwise than for Education and Roads, were disposed of f»>r public pur- poses under the control of the Legislature ] — 1 think so. VERY REVEREND DOCTOR \Vm. J. O'GRADY, a"ain called in and examined. 392. How long were you incumbent of the Parish of York ? — Since the year 1859. 393. Did one .John Sayer or Siers or any other Catholic School Master teach in York since 1829. — John Siers did not until the year 1833, when he opened a School on his own ac- count, he did not within my knowledge, receive any portion of tho Government appropriation — after he left here, I met him in Kingston, and he told me he received none, — Previous to Siers coming to the Parish, I engaged a School-master by the name of Harvey, who had a promise from Bishop BIc- Donell of £20 per annum for the support of a school master but though he commenced his school on the faith of this pro- mise, he was never paid one fan ing, and after residing six months in this city, ho was oblij: 1 to leave us. 394. Referring you to evideu e given before this Commit- tee of the Rev. Angus M'Dor.c^il respecting the appropriation for schools, can you shew that His Majesty's Government in- tcn-led that £250 a year should be appropriated to the pay- ment of Catholic School Toaclicrs 1 — I think so. Tha DU. W. J. O'GiuADT. 59 Bishop slicwud mo tin? copy of a Despatch froin Lord Ba- tluirst aulhorising iiini lo appropriate ')iie fourth of tlo annual grant for that purpose, and that the Exi.'cufive of the country was of the same opinion will appear by the following letter fron» Sir John Colborne to Jiibhop iM'Oonell. York, ^^Ih April, 1829. My Lord Bishop, 1 have the liononr to acknowledge the receipt of Your Lordship's letter of the 2iul instant ; and lo return the inclos- ed document from Major Hillier, by which it certainly appears that you are authorised to apply, for the support of Sclioolmasterp, one fourth of tile annual appropriation of [lis Majesty's Goveriini"nt. The distribution of ihe aalaries of tiie Clergy under your Lord- fillip's charge must depend entirely on your o|)inion ; but the chiinis of llie Rev. Mr. O'Grady well deserve your Lordship's con- sideration. 1 shall be most happy to sec your Lordship at York. I have llie honor to be, My Lord Bisiiop, Your Lordships' Most Ohi^dient Humble Servant, J. COLBORNE. The RiH%t Rev. Doctor M'DoNELi, Bishop of Resiiia. 395. Have you heard of any sum or sums of money being given to Bishop M'Donell for the purpose of erect insr a Church or Seminary at Guelph? — 1 have — £1000 nrre sent to the Bishop by Cardinal Weld for that purpose — but these monies were otherwise applied by his Lordship — to prove which I put the following letter in evidence. St. RaphaeVs, Glenizarry, Jan. IGlh, 1630. Very Rev. Dear Sir, I wroto you a Ifttcr on the 20' h of November last to be conveyed to yon by the Ki'v. Edward Gordon, but before his return from Lower Cannda, whore he had gone to see his bro- ther, the Navigation closed, and the roads broke up, so that his de- parture has been delnyod from day to day, in hope's tluit sleighing would commence in which we have been I may say hil.herlo disap- pointed — that letter as well as this one will be handed to you by Mr. Gordon. The contents of your favor of the 16th of November are truly interesting. The remarks on tlie conduct of some individuals of our brethren are to me motit di.strossing and call for iuini'diate at- tention. I authorised you on a former occasion to take Mr. Coni- pion under your surveillartc, to examine strictly and minutely into hie conduct, and I hereby rep«at my injunctjons and orders to you 60 EviDi-Ncr OP ■ ;! E'i fo thf samR pnrpoRP, and { chnrgp you to pxorciflo ovfir li'm and ovt^r Mr. Gordon and ever every otiior priest that is or may here- Htp rbe employed ia your districi, the power and control of a virar ^ffiierMl until further orders. Regular powers may afterwards ha given in due form as inrcumstancee may require. In the mean time 1 beg and entreat oi' you to procure for me eve'-y possible in- fbrmntion respecting the conduct of tlioge individuals to whom you alluded in that letter. I feel much obliged to yon for suggesting the idea of holdmg conferences of the clergy, it is one that I long cherished myself when the state of the missions would admit of the clergy conven- ing for that purpose, well aware of the great good which such an instirution produced in Ireland in my time and is calculated to pro- duce in this country, il.therto however while two pries's were not within the distance of hundreds of miles of one another, the thing was entirely impracticable, and even yet it is only in very few parts that it can be thought of, but please God fo increase the number of our detgy I trust the practice may become general. The kindness and attention which Sir John Colborne was pleas- ed to shew to me during the time I had the honor of accompany- ing His E.'ccellency last summer on his visit to Montreal and to the Rideau Canal, I shall ever remember with the most grateful feelings, and 1 shall ever consider it one of the most mortifying circurnstanccs of my life, being deprived' of the honor of seeing His Excellency under my humble roof: owing to my servants mis- taking the time of his arrival in (>oruwall, my horses and carriage wore Jiot sent, although J sent an express on purpose to inform them. I was most anxious that he would see these small esta- blishments, and witness the struggles I have had to euppor!, them. My seminary alone in which I have been generally supporting for the la;it five years from seven to nine or ten young men has cost me at an average £300 per annum, being obligea to provide be- sides board and education, clothing and every other necessary for several of them who have not the means of procuring those things for themselves. This and the expenses of the builditiffs here which from first to last have amount.i>d to upwards of £3,000 cur- rency, without, the aid of a single dollar from any human being, have subjected me to serious difficulties. Dr. Weld has indeed ad- vanced me one thousand pounds towards building a church at Gnelpli which has gone partly to clear Mr. Fraser out of Kingston as you knov/ and partly to purchase a piece of ground attached to the house bought for the use of the Bishop in Kingston K-A pnrtly to defray expenses contracted by the building of other churches ; and I am yet after all three thousand pounds more be- hi'id hind wth the Parishoners of St. Raphael of money borrowed for 1 he building of their new Parish Church, the greater part of that sum ih.y will however bo able to pay themselves! in time. Of this long dotal of my difficulties and M'tlarr'tssm-nl vou are at liberty to communicate as ninch or as litth' to liis F/Xceilency as you may think proper. 1 shall petition Hie Excllency on behalf of the Indians of Penotangniahiiie or the Colonial Minister throufrh His FiXceilenoy and to save pnstag'^ shall enclose it under cover to Col F'Msar our Rf^prosonts^Hvc who will take an active pari in any tijiiijf Uittt coiioern:; oiTr holy rehgiou. I wish mosl carnci'ly to Dii. W. J. 0*CuAi>v. 61 vlsi!. York ill the course of next month if the atate of the roada will ho such n-s to render my journey any ways comfortable, I send you oncloscd tlio distribution of the Governniorit money, and you may acquaint the Gontlnmen concernod to draw upon you wiien their inoiioy if ready for distribution. I request to be mo^t respectfully romonibored to your brother and I'unily and Col'l Baldwiu and to all inquiring friends, and bdievu i;;c to' be with sniocro regard and eKfceni very Rev. and dear Sir, Yours truly, t ALEX. REGIOPS, Ep. I'. S. — You will be pleased to send me a c!uii:k on ihe Mon- treal Bank, which Mr. Harper will give you, if you lodijo the money \^ ith him t'or the quotas of the four schoohnaslors and of the Rev. Mr. John McDonald of this parish, amouiitinf* ; i all uo £0) 1(5 4 ate. Youra A. McD, The Very Rev. W. J. O'Grady. rj9G. Have you any other evidence to ofler in proof of th<» misapplicatioM of the public money l)y Bishop M'Doncll? — I iiavc the evidence uf iho Rev. L:i'.;;eiice J^empsoy, and the Rev. Edward Gordon, taken before tliu Parish Commissioners, and also tin; evidence of Peter M'Dougal], Esq., regardini> the repeatedly expressed opinions of the late Inspector (jonera!. [The Comniittce decided not to receive in cvidoncc the (Ijplicata of an afiidavit of Dr. O'Grady and Peter M'Dou- qall, Esq., nor t'lo tostimon}' given before the Parish Commis- sioners.] I have rcpc.itodly heard the late Hon. .Tames Ba])y say that Bishop JM'Donell never submitted to his inspectioji an acrount ut the disposal of the Government appropriation, for the sup- port of the Roman Catholic Clergy and Schoolmasters of this' Province, and tiiat he, the said James Baby was of opirjioii that he (the Bishop) annually abstracted a considerable portion of the sum for his own private purpose and iis(\s, and also that the Rev. Wni. Eraser frequently assured liini (the said Jame* Baby) that to I'.is knowledge, such was the case. ly to QrESTIOXS iu;i.ATr\(; to roi.Lixc M.\rr.s, with thf. A\.s\vr.Rs of cv.ix-' TM.v Mi:.Mu:,Hs or Tiir. nor.'jr.. Qucsflon Fi>:.f. o'J!). Would you recommer.il more il'nn one place at which lu .„'.i.c ;•;- ;■..'.<:'. cl' '.!:e qualif.ed Il!c>ctors, for tl.c County or liiding you rcjn'psoiu ? AsssE.M. Nc. -Jl. -If ';.. m" 62 Questions rklaTinq to Question Second. 400. If so, what places would you propose as the most luitable at which to hold the poll three days alternately ? Question Third. 401. If one polling place would in your opinion be suffi- cient, what place would you recomnnend as the most central or otherwise suitable for the Election 1 ANSWERS TO THE ABOVE. DR. W. BRUCE, Member for Stormont. Anaicer to 401. — The line between the towns of Cornwall C^'vvo^bruck. JOHN BOWER LEWIS, Esq., Member for Carleton. To Question 1. — Yes. To Question 2.— At Richmond, and the lower part of tb» Township of Huntley. DENNIS WOOLVERTON, Esq., Member for th« IsT RiDiNQ OF Lincoln. To Question 1. — In the first Riding of the County of Lin- coln, which I represent, there is but four Townships, there- fore I think one Polling place is sufficient. To Question S.-^-Jl would recommend Smithsville in the Township of Grimsby as the most central. THOMAS PARKE, Esq., Member fob Middlesex. To Question 1. — I am opinion that taking the votes by Townships would be most accomodating and efficient, yet, dividing the County into four parts would be a great improve- ment on the present system. To Question 2. — London, St. Thomas, Delaware, and Gar- d'ener's Mills, in Mosa, would from my information be the most suitable. To Question 3. — One pollint:; place is not sufficion! for the County of Middlesex; but if there must be only one, I think London would give the most general s^^tislaction. JOHN A. WILKINSON, Esq., Member for Essex. To Qvestion 1. — I would recommend the Committee to leave the raeaoure as it now s'ands, if you wish to please the Electors of the County of Essex, K.:M AS Polling Places. 6.1 To Question 3. — At tlie District Town Sandwich, where it h situated iu the most populous Township in the County or District. NATHAN CORNWALL, Esq., Membeu fok Kent. To Question 1. — T consider one place suflicient to hold the Eloction in the County of Kent. To Question 3. — At the town of Cimtliam. FRANCIS L. WALSH, Esq., Member for Norfolk. To Question 1. — i would recommend that the County of Norfolk, inchidii)fT tiie Townships of Walpole and Bayham should bo divided into two Ridings for the purpose of being divifled into a separate District as well as to enable the Elec- tors more conveniently in that case to hold Elections for that County. To Question 2. — In the event of the said County being being divided iii4o Ridinf^s, I slunld propose that the Elections for the East Ridinsr should be held at the Post Town of Sim- roe — and for the West Riding, until a more central situation can bo established, at the town of Frcdcricksburgh in tl;e town- ship of Midd!('ton. 7'rt Question 3. — Should this County remain undivided into Ridings, in that cas'^, I would bo ot opinion that the County Elections should be held at Viltoria, only ; as the additional expenses of holdiutr the Elections would, in my opinio:i, oper- ate, witli other ri.'nsons a'j;ainst their being held in diflorent places darnig the same Eieclioiis THOiMAS M'KAY, Esq., Mkmjjkr for Ri;ssr:i.i.. To Qrcslion 1. — No, thr princi[)!il part of Settlers iit Cumberland, Clarence, and (.Gloucester, are located along the IJanks of Ottawa River. I believe they are not more than two miles back, Gloucester extending up River Ridoau is tol- erably well settled, so is Osgoodo. It is dilVicult for me to say whether more places than one is necessary or not, shotdd it be thought ncccsaar}', the line between Gloucester and Oa- goode I think is the most proper place in that direction. On Ottawa I)ctween Clarence and Cumlierland. To Question 2. — Answered above. To Question 3. — The place where it was held llrst at, is New Edinburgh in Gloucester, it was thought the most central and easiest plaee to arrive at by Steam Boat or otherwise, it being at the junction of Ottawa and Ridr^au Rivfr.:, but that l.»"in^f \i\y piviprTty, J beg to r^M'ci' \ .in in ihe utU\^,^, .-Ms G\ QiKSiiONH im:latin(; to HIRA.M -NORTON, Rsq., iMi:Mm;K loii (mu;.\\ii,m:. 7\> Qut'stlon I.--I would rccoiiimciul tliicc diflbii'iU places for lioldin<>; tiio Elections. To Qitrstion 2. — Prcscolt, INIcnickville, unci Kcinplvillr. To Qui st ion -'J. — 11' litit one |)l;icc slioiiM be tlioiiglit l»rst, T uould rocommeiid I'rescott jis llie most suitable place, but Keinpt\ ville as tlic inoit central in pouit ol territory. I:A!JMANL'8 SiMITIJ, Esq., Mi-mpku rou \Vi;NT\vonTii. To Qnrsfidii ]. — The Comity I represent is not so larire, but the voles can readily be taken atone place of incetinj;. To Qiirstioi) •-?. — Tf the poll was kept open for three days alternately, at dill'erent places, f would reconiinend the villa- j^es of Stotiey Creek and Ancaster. To Question '■]. — r consider Hamilton, the County Town, the most convenient jilace, and sufl'iciently central to hold the Elections. .fACOii KVM AL, Esq., Mr.:.ir-Eu rou \\ kxtwortu. To Question I. — The county 1 rcpre.>eiil is not so large but that all the votes can be i)olled at one place in six days. To Quest, oil 'J. •If two places of polIiuL' of -J days alter^ natcly I should recommend the villages of fStoney Creek and Ancaster. To Question f,. — I think namilton, the county town, the most central place, .'ind vrould meet the wis!i!;s of the inhabi- tants of the county. VvILLlA^tl B. VVi'.LLS, E^q., jMkmolk rou Gkenvillt. 7V> Qnrr.fio;/ 1, — f woul(. recommend three places. To Question 2. — T!io town of I'rescott and the villages of Kemptvillc and Merrickvillc. To Question ;j. — The village of Keniplville. .lACOB SlilBLEY, Esq., IVlF.MBi-.R rou Frontexac. 7'u Question I. — I would. To Question 2. — At Waterloo, two days; at William Ash's, in the 1st concession of Loughborough, two days; and at Barrcy'rf Field in Pittsburgh, two days. PETER SHAVER, Esq., MEMr.Eu for DrxnAs. To Qncsiiot! 1. — 1 would recommend the ^"'1 t r\ ;ip .' 1 ill dillTerent places of the ( ounty of Dundiis, at least in foiu of iis loMi5siiip«. Polling Places. 65 To QucstUm 2. — In tlie townslil)) of Moimtniii, at tlic Wi- dow Jackson's, one day ; in llie centre of Matilda, at tlii; Widow Sliavcr's, two days ; for VVillianisl)ur!,di, at PJiilip Mmiroe's, two days; for Winchester and rear of Willianis- i)ingi) at Mr. Koscnhcrgcn's, one day. I would wisli llic polls to be kept where the Courts of Requests are now liolden. D. A. E. McDONKLL, Esq., MKMUEn rou Stormt ;t. To Question 2. — I would propose that the poll he held fijreo days at , in the township of Osnabruck, and for the first three days at the town of Cornwall, in the township of Cornwall. I would bcf:j leave to remark that the Committee are to take into consideration whether it would he prudent to remove (ho election from the county town where the district btiildinas arc, for in case of disturbances as lately occurred at the county of Leeds election, a place of convenience could be had for troublesome characters. (Signed) D. A. E. McDonem,. DONALD McDONELL, Esq., Member for Glengarry. To Question 1. — The County of Glengarry, which I re- present, being one of the most populous counties in the Pro- vince and containing I should say J, 'iOO freeholders, I would recommend two polling places. To Questio7i 2. — The village of Williamshurgh in the township of Charlottcnburgh, and the village of Alexandria, in the township of Lochicl. To QucctionS. — The village of Alexandria, being nearly (he centre of the county. GEORGE S. BOLLTON, Esq., Member FOR Durham. To Qiccsti'm I. — Yes, every township in the county. To Qucs[ion 2. — Every township, but for one day only. To Question 3. — If only one place I should suppose the present mode adopted, the best. GEORGE RYKERT, Esq., Member for Li.xcolx. To Question L — For the Riding I have the honor to re- present I think one place quite sufficient for polling all the votes. To Question 3, — I conceive St. Catharines to be the most central both in territory and population, and therefore anost suitable for holding the election. if- '• '"^m. ' 66 QlEbTlONS RKLAIlNG TO KDVVARD MALLOCil, L:*q., Mkmhbu »oa Carleton. To Question 1. — \eiii. To Question 2. — Richmond and tho lower part of tlio town ship of Huntley. To Question iJ. — If only one place thinks tho 12th con- cession of Goiilbiirn most central, hut thinks Richmond the most suitable place for the convonicnce of tho wholo eloctor». WILLIAM MORRIS, Esq., Member for Lanark. To Question 1. — I would recommend two places. To Question 2. — I would propose Perth and ilJarlcton Place. SAMUEL LOUNT, Esq., Memhi;r for Simcak. To Question 1. — Yes. To Question 2. — I would recommend iho polling at all places to be going on at the same time. I recommend Hol- land Landinsf, Barrio, Narrows of Lake Simcoo, and sonoe- where on the township line between Tecumscth and Adjala. JAMES DURAND, Esq., INIemcer for IIalton. To Question 1. — Yes, I would rccommond throe places at which to hold the eluctions fcr the county I represent, I would also further recommend a prolongation of the time now fixed by law for that purpose, from six to nine days. To Question 2. — I would propose for the first three days the village of Ilannahsville, in the township of Nelson ; for the second three days the village of Preston, in the township of Waterloo : and for tho third three days the town of Dun- das, in the township of West Fiamborough. WILLIAM McCRAE, Esq. Member for Kent. To Question 1. — I should not recommend more than ons place to hold the elections in the County of Kent. To Question 3. — The town of Chathai;i. FRANCIS CALDWELL, Esq., Member for Essex. To Question 1. — I would not recommend more than one place at present. To Question 3. —Sandwich as being the county toi^'n. Polling Pi-a(Es. 07 DAVID THORBrRN, Esq., Mi:mdf:r fok Tuird RjoiNe Lincoln. SIR, TliG Circular letters signed by you as Chairman of the Committee on Grievances, relative to holding elections. The one you did me the honor to send for to fill an answer in, I have sent to a Committee of the electors of the 3rd Riding of Lincoln which I have the honor to represent, for the opi- nion of the freeholders, which has been had and is annexed, th« wish of the freeholders is expressed therein. T have the honor to be, Sir, Your obedient servant, DAVID THORBURN, M. P. 3rd Riding Lincoln. To W. L. Mackenzie, Esq. > Chairman of Com. on Grievances. J To David Thohburn, Esq. SIR, After taking into consideration the question pre- sented to the Committee for their consideratian, relative to the place or places for polling the votes for the 3rd Riding, county of Lincoln. The Committee are of opinion that ODft place would bo sufficient at or near the centre, viz : Matthew Seburn's, Innkeeper in ThoroH. GEORGE ROWE, Corresponding Secretary. By order of Committee. Wm. H. MERRITT, Esq., Member for IIaldtmano. To Question 1. — I have never given the subject much con- sideration, but think it would be a convenience to the inhabi- tants to take tho votes at two places. To (luestion 2. — At Dunaville and Stoney Creek in Rain- ham or Walpole. HENRY V/. YAGER, Esq., Memukr for Hastings. To (luestion 1. — I should recommend two places for hold- ing the election In tho county of Hastings. To (Question 2. — Three da} s in tho village of Bellville, and three days at John McCoy's in Huntingdon, and but one Re- turning Officer. e;}j KviDK.NCfc: or rUlDAY. Cihilav 1)1 MAKCH. Ir^Xi. 'J'liL Hon. JOHN 11I:MIY DI N\, lUci.ivru (iKxruAi, culled in and t xuminul, '10:?. Oii'^lit not tlio wliolo piililic iTVcniie \u \w paid in the irross into tlio HxclirMpicr or Tronsury of tlio (.'oloiiy, and tliu pioreeds a|)|)li('d only accordin;^ to Law ? — That is tlic case. Tlicre arc two distinct rovi-niu"., ono under tiic rt^ntrol of tlie I'rovincial Lf'^islaturc, and the othor under the control of the Lords (lommissioners of His Majesty's Treasury. 403. Under what law do the Lords of the Treasury exer- «'ise a control over the Casual and Territorial Revenue? — I ral convenience and benefit of t!i(! public ; sometimo.i there are laru;e balances in my hands, and sometimes none at all. 405. From all sources wjiatsoever, what may be the aver- at>;c balances of public monies in your hands? — 1 think the Italanre may average within these iow xoats aliout £10,000. 40G. Do you think any of the Banks in this Province, a proper and safe place for public deposits? — I tliitdi the Banks safo places for th;:; deposit of public monies. 407. What security do you give the Province for public balances ?— £80,000,"' viz : £10,000 Mr. Clark ; £5000 Mr. Street; £5000 Mr. Wm. Dickson, Forsyth «& Richardson; £20,000 Mr. Dunn of London (my father) ; £10,000 stg. and my own personal security £t}0,000. 408. The Legislative Council refused several times to as- • ••nt to bills sent up by the Assembly for appointing Commis- iOnors to meet Commissioners appointed by the Legislature of Lower Canada to consider of matters of tr,;dc, revenue, in- land navisration, and other aflairs of mutual importance to ])oth Proviiires, ^-as not that refusal iiijiu-ious to the interests oi* the two (,'oiuiiies ? — I tliini: it would have been better if ( 'ommissioners had met to h ive decided on the improvements vi' the St. Lawrence, in winch the two I'rovinces ar(^ so in- timately connected. If such a Commissinn could be carried into clTect, it would, I thiidi, have a mutual cood result in the ijitercourse oJ both P;c\iuces. 409. Does the supervision of the Tnsj)ecto)' O'rneral of Pub- lic Accounts, extend to all rcvonue raised and expended in the Province ? — I think it docs. TiiK Ihm. J. II. D..N\^. fl9 410. \Vlia» clieck woiiKIyoii pn)|)o><« on Iiasfy, pnrtinl naif itij'ii ioiiH l(>LMsl;i;ioii in Kii<(laii(l, airccliiig (liu cniiuiicrrN and tlirotigli it tlio gi)ii»!riil intcrt'sts iiiitl prosperity of tliis UoloiijT — I am iiDt propared to stato any rcmfdv. 411. ll;»v(' not tlio ro^i lent scittlnrs, \t\ \\\p iiiiprovcnirni* tlicy liavo mifl % ami tho Ilxisf" of Assomhiy by its lihcrnl- praiifs for roads and l)rJrln[o«, and in aid of inland navigation, given to the public binds tlirir irrca \y increased value, as rom- p,ir(d with 17.^?— M'»5t uiKpit'stionahly. 412. Mr. Win. Cliisholiii is put down in this return Ai hold-' in;r only th(' olTico of deputy postmaster — Has he not Inttdr hi'cn appoiiitetl Culleotor of Customs at n place distant frort liis post oflTicc ? — He has heon appointed Cullctlor of Cu*-' loms for Oakville. 41^?. Is he not a ni'.M'cliant trading at that place and im-* portiiin i^'oods? — I really do not know. 414. We see in ihe Canada Company's returns a prn«io* nf £100 to Col. Talb t, a i)ensiirti or al'owanco of £5(l<) fd rh(! Bi^liop of Hej^fiopolis, a |)ci>si()ii lo Sir W. D. Smith ii Kniitaiid of JC-?00, a pension to the f rtli'y of (Jeneral SIiht* of JCIO'), a salary to an agent here for tlie service of paving (liese monk's and other sums. TlK-se payments are niaiTe frorrt lliK public revenue of this Colony, fjy whose aniliority ni'li tliey so uYa Jo ? — Bj the Lords Cuniini.ssionei'is of the Trea- S!irv. 415. For what service do you receive jC200 stevling out of the funds ol the Canada ('ompany I — For the large accw.nu* lalcd business connected with the Cr»wn d.ities. 41G. Do you not receive other £200 strrliiifi as T?ecrivtr- Gcncral of (^rown Lands? — I receive £400 sterling in all,- besides £rOO sterling per annum fron« the Province. 417. llow often do you account to the fnspecUir-Orncral for yov"r intromissions as a niana<:cr of public funds T — »Tnica a-ycar— 30!h June and 31st December in each year. 418. Who made out the return of your income for IMO, pl^idfs £2000 and £1000 bjffore: Under what autl.ority was this made? — Under the a'Uhority of tbe Lortiou .'■Iiould be [)a!d into the bands of one ptibl'C funcfionary. 42 \ Does the supervision of the In^r>ector-Genrrnlrxtrnd to nil public r«»ven;io recerverl in the I'rovincc ? — I have no A')»h\. of it, as ail tho public accounts go to his. office for ir- gpection. 4i-'). Wliero arc p'ib'!<: b.T'ari^os in the dilTerent tlcp^rf n^e<1t•^ depoiitff', at;d wii.;'. m »y be tb« average rmeunt dfp*- ill 1 -1 * B. TuRqWA.ND, Es^. 71 filed, paying no intereat 1 — For sereral yeari past, I think the average in the Receiver-Gunerars hands, has not exceeded £10,030, including all the public funds that of iho provincial revenue, scarcely any thing ; and if any, always appropriated ; it is very frequently in advance: tlio threat bulk ot the reve- nues come into the Receiver General's hands about the close Qf each period, and although the balanctrs may appt'ar large in the accounts, they are immediately reduced by tlie demands of the preceding hall-year. 431. In case the diflerent public accountants neglect to send in their monias to your office regularly, what steps are you authorised to take? — The bonds of the different public ac* /countants ire lodged with the Receiver-General ; and when any defalcation occurs they are sent to the Atterncy-Gcneral for prcsecution of the party concerned- GILBERT McMICKING, Esq,, M. P. .P., ton Li.fcot* CooNTT, called in and examimd. 432. Are men chosen to fill the commission of the peace and tha offices of the district who have heen lon^ resident in it, or are strangers more generally preferred ? — L itterly, scran:rers. 433. Are the justices of the peace resident in your county chosen exclusively from one party in politics, or indiseriininately from respectable men enterlairuns; various political opinions ?— They are principally h^lf pay oHicers and strangers; I mean tha lata appointments. 431. Are the common schools in your district sufficiently na- merous and efficient fur the wants of the country ? — I should think not. 435. Do you think the Lieutenant Governors of themteWes possess a sufficient knowledge of the inh:ibitan:;i of the several districts, to enable them to selfct judicious persons a»-justicca of the peace? — I should rather tliink not. * 433. Hiive not the resident settlers, by the irrprovements they have made, an! the House of Assembly, by its liberal grnnts for roads, bridges, and in aid of inland navigation, given to the pub- lic lands their greatly increased value, as con)j)ared with 1793?— Certainly. 437. Ought not the rerenuc arising from these lands to have been applied to the liquidation of the war loss cla in<, jiislcad of increasing the public debt and duties on imports for that pur- pose? — I should think so: I once dined with General Brown, io acanalboat, travellingto Pochester, when, speaking of the lata war, I asked him what the United States could have had in view In invading Canada; bis answer was, that the Crown and Clergy Rasarves would •- a m«nner hava recompensed thera for tba aa- j»aq(litura. E riDOTE OF 43?. WohM not th« liiitish eoDStitutional system, l»y wJiic>)i the h 'Htl o( tlie gMveriimeiit is ol)li};«'riii( i|)iil oJlictis iViMii amonju men possessing; tlie coiifidenca Mi I le popular Ua4ich of the Icyislyture, be more suitable to the Kaut.H and wi'.he.s uf tiie country, if adopted in I pper Canada, than the present irresponsible mode of {rovernnjent J — Certainly, il Would be better adapted to the wishes of the people. 4.'S>. ^Vhy have you formed this opinion T-^IUcause an arbl- tiHiV coveinniMnt does not suit an nidi!;hteiied community. 440. What check would you propose on hasty, partial and in- jurious lej>iBlation in Eii{{lahd alfecting the commerce, and thrftugh it thefreneral interests and prosperity of this colony? — Ouly bv a fai*- leprej^er^tation to the Jiritish Parliament. 442. The undue prelerewce and cwJusive privilejies granted to certain religious denominations, are much complained of; would it not tend lo si.cncthen good government if they were altogetlicr abo]ishf;d? — I think it wotihl. 'J'here are 2,500 acres of land in the 4ih Kidini; of Lincoln, that were surveyed and re- served between 1787 and 17rt\ in lieu of side lines : they are de- uominated on the surveyor's plan as gliebes. I^ast summer, in June I think, through the interest of Mr. Anderson, the Episcopal rler^ynian rtiid two of the Wardens of St. Paul's Church at Fort J'rie and liertie, there was a license of occu))ati,on granted lor 1,.100 acres to W'estloy L,»wis and Alexander Douglass, at said Churchwardens of lAlr. Anderson's church; we compJaia that this property belonjzs in comu)on to tlie several townships us «omm(uis, in Wen of side lines. 443. Would not it be desirable llia.t the Clergy and Crown Reserves nnd all resei>'ations of land, otherwise than f(»r educa- tion and roods, were disposed of for public pur])/oses under th« control of the Legislalure ? — I should think so. 444. Ought not the whole public revenue to be p,?jd in th« gross into the exchequer or treasury of the Colony, ^iid the pro- ceeds applied only according to law ? — Certainly, that is my im- pression. 44.'). What chock has the House of Assembly on the other branches of the Government, as a means of preventing exeeuliv* usurpations of popular rights? — In my impression, it has never had any. 446.. Many coaiplainfs are made that the judges and elerpy- nten of the Church of England and Rorrje, Hold seats in th« Executive and Lcgishttive Councils; are not such seats incom- patible wilh their spiritual and judicial functions? — I should think so. 447. It is complained to Ills Majesty that sheri/Ts hold their offices in abject dependence op the will of a government irres- ponsible to public opinion ; — that they choose the grand and pe- tit jurors w ithout reference to their fitness, but often from politi- .eal considerations ; — what remedy would you provide to seeure th« Bubject a fair trial by jury ? — Perry's Jury Bill. 448. In what maimer ore appointments in the militia mad« \n your district? — Militia officers are recommended by the Colour^ and eommhuoned by the Lieutenant Governor. G. McMicKiNG, E*Q., M. p. p. 715 heir res- iti- th« in 44§. Wowld it not ba an adv;infnge to the propU if i law wert puMfd for tlie abulitiun of Militia trainings? — Y«s, because Mi- litia trainingjt arv attended wiili niauj evil cousequencea and n* good. 450. What are ynnr objpction^ to tlie Tie2;i vcrnment if they were altocrethcr aholisited 1 — Y^v, 1 think it would be well to abolish all invidious rtdigious distinction'; <77.. A very large sum of mnnfy, collected by direct tnxs- lion, is annually eiitrusted to tlie Magistrates, they being ir- fosponsiblo to the public either directly or indirectly ; vi'ouW it not be more in accordance witli tlie genius and spirit of the Constitution if these monies were placed under the control of persons appointed hv the qualified elec'orv? — I should think ft would be more satisfactory to the people, to f)lacc the con- trol in their hands. 478. What are vnrr ohjoctinn!r, ijnd wifhoit rr^fr^-^ •"fc tt; l^ii ^^■J^ irriil Legislatnrr', rlettrurtive to the irde- ■k\ 1G E\ii)UN(i: uF |fn>ii(l<;ii«'j' of tli« Ileiirli in a jirciil mt'axiir** I — I tliiiik the p(^n- sioiis alKtn'Ml lo siipuiuiiuatcil, ur ruliicd Jiidgi's lit'ietoforo ijiiitr too larjrc. 4S0. Arc tlu'rn not too m;>iiy (Irpondrnt prrsons nnd holders of oiTioe ill till! Lciiislativc C'ouMcil I — 1 iliihik llitie arc, to act ind(peiulciiily, lur the pfo[)lc. ! !i FRIDAY, 27\h MARCH, I?3j. The Hon. (iF.O. n. MARKLAND, Inspi f roti-CrNKRAi^ or PunMc AttovNTS, MiMniTv of tiik Kxi (•lTIv^.Col'^^I! , AND Mkmul,r u*' hie Lluislahvi; C»)i:?;tri., ittitcU in and ixamincd. 4^1. In the rrtuni mrid*? to Ills iM;ijcst\'^s (>ocrrnrtlrnt (dt 1S'>4, upon iiirori)iati*iii obtiiiiicd, it i.s prcMinu d from voiir ftflicc, we ftnd tliat £")■")() sterling paid to tPie iTlciriodists is withheld. Why has it hecii kept hack T—^It \Va."> inadvtr'i- Cnlly on\itt(rd in cttjiyinj:^ from tiie \\'arraiU Book. As the aiitliority for the (ciynuiit was a dtspntrh from i^Jr. Stanley and the money was arronnted for hy tlie Receiver-CJeneral in tlie accounts transmitted by him to the Troasusry, there would be no want of information on tlie suhjcct. 482. In cases where the dilferimt public accountants may have ncplected to transmit their accounts periodically to yoiir ofUce for inspection, what steps have you taken ? — I take what- ever steps the law |)oints out when they aic confrolled by tlVe law. On other occasions, make it known to the Lieutenant Governor. 483. Would it not be desirable that the whole of your duties as Inspector General should be accuratcfy defined by law ? — It would be much more agreeable to jne, provided it was couftisten't in every respect with my office, which of cour^ is subject to the orders of the Lieutenant (iovernor.- Ah\. What account have you lo shew this Committee wI\o are in arrear on leases, ferries, bonds, »kc. ? — The accoimi, so far as I am concerned, has been transmitted with the pubfrc accoimts, except in one or two instance's where arrangements have been made with the parties, in order lo save loss to ti.e public. 48.5. Can you shew this Committre the detailed accounts and vouchers of the monies ftaid to the iMethodists in lislion. I:) '». ll;is tiie Lieutenant Covernrir tho power of appoint* iii.ri 11 iiinriM'V and ordinal v nieiulieri of (he I'xecutivc Couu- Cil ' — \), the iitjioin iii":il3 hi'<^ iu;id(,* Ly tlio King. Ass* M. S'l. f!l. Si 78 K VlDK.XfE OF ,< r 404, Have yoH r«:ul JMr. KImvlrjy's Icftpr, ndveitlswl in tlie jiewspH|)M« in rcsigninc; Itis srat at the Kxermivo rounrH- hoard, and are the stateni'eiiu onntainfd in it siisrpptihle of any explanation? — I liavn road the h-'ttcr and have notUinjj further to state on tlie subjert. 495. If the Lieutenant (Governor should he desirous of paying away the revenue on his own responsihility, or with the advice of the Executive Council, without the snnction of law, what check is there to prevent his doiufrso? — 1 think the question could ho host answered hy the Receiver (Jeneral ia whose charj^e the revenue is placed. 496. To whom are the Executive f'onncillois responsihfe for the advice they i,mvo tiie Ijieurenant Governor at any time ? — This question has been answered in the reply of His Excel- lency bei'i re alluded to. 497. In case the Executive C^ouncil had recommended n gfatJt of land to he t^iven to any person on petition, duriritj the period when land was granted here, could the Lieutenant Governor refuse or conftrm their decisit)n, at liis pleasure, or was he hound by their acts ? — He could rei'use or confirm as he pleased. 498. Referrinsire to offer an opinion on this subject. 500. What are your obj»>ct'')ris to an I'Jcciive Legislative Council ? — [ have no d('>ir(^ to i^ive an opinion on any genpiul subject wiL-^n* the i-;>a^o;H f,tr that oitiniou cannot bu under- stood and r(!C(>rd>(i. 50L Tiie vi»tp iiy ba!l.>t i)i electinjr- i'^ p;r:yed uvr in many petitions i)fith to the A:^^i-;nblv ;i!k1 to His iMaii^^tv. \Vhai iv your opinion of tliJs ni:>:b- ol vurin;;^ ?-— 1 Je. G. II. AJaKklam>. 79 502. I/O you not consider the fiistoiu o( pensioning the Judges toil largo annual ainouni, l)y ordoiji iVoin tlie Colonial Ofli'.'o, out of the I'pptfr Canada rovcnuc, and without refi>r- cnce to tho Provincial Li.'gislaturo, dostruclivo of tho indt'jiou- dt-nce of the bench in a great nieasuro ? — I do not givo any opinion on that subject. ijO'i. Ho\v can aljoncii of judires, dependent on tlie Coloni- al Ollice for tlicir cu^ onwry retiring pensions, and indepen- dent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Le- gislative and Executive Dej-.rtmcnts in this Colony, or bo- tween the British Statutes and Colonial Laws] — 1 do not bo- licvo it would influence their decisions, and is certainly bet- ter than their being de[)cndent on the people. 504. Do you think the Lieutenant Governors of theniselvqg have u sulVicient kno.vledgc of the iidiabitants of the several districts to enable them to select judicious persons as justice* of the peace 1 — They may be possessed of it by making pro- per impiiries from the persons in those districts, and 1 have no doubt they do so. oOo. h\ case the Mouse of Assembly, or largo bodies of the pMople, should be of opinion that a public officer deserved jni[)eachfnent, by what means could he be tried? — The Go- vernor might be addressed to remove him from oflice, and if if were just ho could do so. .306. It is complained to His Majesty thai slicrifTs hold ■their offices in abject doi)endence on the will of a government jrrespoJisiblc to public opinion ; that tltey choose the grand and petit jurors witliout reference to tlieir fitness, but often from political considerations; what remedy woidd you pro- vide so as to secure to the siiliject a fair trial by jury '{ — They ■ixw nott\governcd in their duly by (lie law, and tho law n)ay bf changed wlienever ilie tliiee branches accede to it. .'•07. Have not the resident settlers, by tho inipiovcinunf!» they have niade, and the House of Asscniiily, by its liberal grants for roads and bridges, afid in aid of inland iiavigaiion, civen to tho public lands their arcatly iiieit-aNcd value, ns compared with 1702.'' — Both circuinslances have increas(-d ihe valuo of those lands together with the increased demand .caus<>d by immigrai! hi. .50.S. Ought not the reveiuie arising from those lands to have been afiplied to the liquidation of the War Losses dainif., instead of increasing the public debt and duties on import* for that [uirpose i* — I hrj'/e no re|)ly to make to that question. •OOf). Do you know why f!io Province is paying JG!200 ster- ling a year to England as a pension to Sir D. W. Smith, a >>'urtliund)riaii Baronel l — I Uikc it fur granted it is by hh ot- ■derfiuni Hi's Maje^i\ '? Government. I - I' : U *(■. 80 K\ ii>i.?s< 1. or I i ' I 'ill 1 II I; .|;i nil , TjIO. If jL'J(M) w.i:^ Cfwijiilcrcil iUi tijiiiviili iit piuvihiuii for a iiJj\*yor y;(.'n. 513. Ousiht not the whole public revenue to be paid in t!ie gross into the exchequer or treasvuy d!' :he Colony, and the proceeds applied only according to law / — 1 ^'ive no answer. 514. Wl at check has the ilouso of Asseaibly on the other branchus of the Govennncnt, as a means of pjeventinir exe- cutive usurpation of popular rights'! — The constitution i» quite da well understood by every person presenf as by my- self. (The Witness withdrcic.) 27th HJaixh, iSoo. JAMES KING, Esq., again called in and examined. 514. *What JnJliienr<^ liave the Covernrncnt pensions on the the Catholic ch'ri:;y of tiiis Province ? — These pensions convert some of theai into politicians, and as Bishop McUonell is a per^ioner himself and independent of tlie peojile, it iuakes him less anxious to proiuote the reliirion, of which, in tlii* Prov"nce, he is at the b«ad. I recollect on one occasion tiie Rev. Mr. Downey, an exceedinuly inteniperntc man, was sTaiigprini,' throuuh tiie streets, at iiuuii day, inlo.vicn'i^.l, com- in^r |Voni ilie hospital io Bi^liop Mi-JJoiieii's lioiise. 1 called the Bishop's attJiiitiun tu it llirouah the press: Ijut nolhihg xvas donn. I liplicxe rhiitthe (l!>|:ut»> litwcrn ihe Biihep iir.d Ducicr *J"Gi:?djy lu'd ihtii oii.;n! in j.'uliiic.:. The Hon. and Vkn. John Stuachan. 81 Prior to tlie Biiliop's return from liis polititnl niisiion throMtrli the Colony in l^^iH- IH;{if, Le ]< It directions >\iili Dr. tVlJrutly to cull a public nie('liii|r of the L'alliolic piople of xliis place to address liis Mnjc.sty on bclialf of the local Go- v(;rnuunt; the njoeting was calicd hy the Inspector (Jenerai, (Mr. Baby)aufl o;liero and the requirement n»et with no support. The Bishop, on his return, expressed displeasure that Dr. ()'(ir;idy had not taken active means to insure the success of the nicf'tintr ; he liien called one himself. The Bishop sent forme tj'at moniiii!,' an'(i: or :'i 't' ii !l '( > *j#^;;: ijiiii.. 'ivllti you ill opinion, cm liu irjoot your «ii!'i'fstj(»iis aii«J t',il- Jovv titw diciiiii'ji of liii own jiidyint'iit ( — 1 rctur yuii to ilia i.'oiistitiili«inul Act. !y2\. ir llio Liviitcnaiit (jovornor sees fit, in.iv lift iioi call for the upinion uf auy out;, two or tlirc^c of llio Ex(,'riiliv9 Councillors witliout siiniiiioiiing llio wliolc ? — I ciinnot answer tli.il «|Uostioii, li'Maiisu 1 do not tindcistand its objort. r}22. If His r.xcclloiuy rnccivH dospaldiL's from tlio Colo- nidi Office, Ciin lin act on tlicni as lie soos fit, without tlio nd- vico of tlio Fvccuiivo Cuiincll I — I liuvo no answer to ^ivo to tliat qiteslioii. 523. If lie docs not ask tliuir advico, can he sid)niit an ex- tract of llio despatch to their consideration, or aro all des- patches and coinnuinioations betwiicn the Liuutcnunt Ciovcr- nor and the Colonial Olfice, enre^ristered and oprn to the in- spection of all tho IMoiuhers of tho Lxecutivo Council ? — 1 Ccwmot answer that (piestion. 521. Has the Lieutenant Governor ihn power of a|)f)nint- iiiff honorary and ordinary Members of tho Executive Coun- cil ? — The Mandunius of lliu King appoints, whether tho ono or tho other. 525. (Jan ho change an honorary into an ordinary Moni- ber?— No. K(). Have you road Mr. Elnisley's letter advertiscil in tlia n(MV>i[)apurs on resigning his seat at the F.xeculivu Council JJourd, and are the statements contained in it susceptible ol jiiiy explanation? — I luivo uo hesitation in saying tho stalo^- .ment was not correct. .527. If a Lieutenant Ciovornor should be desirous of pnv- ing away tho revenue on his own resfionsibility or with tlio advice of the Executive Council, without tlie sanction of law, wiiat check is there to prevent his doin;; . o I — I could not an- swer that question as it assumes a cuse of whicli I have no .experience. 52S. Sir P. Miitland gave a Warrant upon Mr. Dunn, on 27th March, 1X26, for JC141 14 8^ for expenses incurred for hireiug horses for him and his suite in visiting the setlle- nienfs in the nunth of Februtiry previous. The order was eivet.. o;i the (.'asual and Territorial Ilevenue ; can the Li»Mi- tenant .'{!. The sum of £lU)i) storliuf; appears to have been paid' you when in I'.nj^'land out of the Canada (Company's funds:— ill one Return to the House of Conunons, it is stated to be for ji'Tvices durinu the reference — in another to have been for ex- penses in attending the of agreement with the Ca- nada Company : — in your letter of Jlrd March you state that it was for your salary as Archdeacon of York in 1825 — were two smos paid ? — There was only one sum of £300 sterling',, paid to nu', and I understood it to lie as I have stated hi my letter. .■).'i5. Crin you point out to this Committee any law of the Province establishiuL' the Executive Council a Hoard to judge' and audit the Accounts of public officers and others? — I be- iieve that the Executive Council sat as a Board of Audit pre- vious to thv. enactment of l!ie Constitution and has continued t ) do so ever since. .'>•■{(). Have your functions and salary as President of the' (iiMieral Board of Education C(>a>efi, and if so, under what a;itliori'y, ;iud who has !>iicceeded to the emoluments and of- I'ci ? — 1 iiiitlerstood, that in consequence of an address ol' the llitiisc 1)1' .^ssemhly t'lnt lioard was suppressed. •")''. IJ;.- w'liat autiiority weio the .Statutes given 'iHf by ■".■)nir;.>t in IS-i"), and after heii 'j well and cli a) a far lii'_dier price lo IMr. Stant' : .<*— I liivc n.) lcii>.iwie.lL;e of thiit (jiK^siivin. ■ fi'L'i '■'"'"■ni 84 Evidence op o;^, ni.i liiiM i'i-lil OiiS. [Witness is slicu'ii tiio OflTiciiil Ilc^urn of bills from tfte As^enibiy lost in, or lost by umciulineut , irom the Legislative C'j!i;)cil, and aykcd] What cliaiigo would yoii propose in tlio L"i:isl,\!iv'e Council, so tluU it luiirlit bcitor harn»oiii/,c with tlio- li.>;i.s!; of Assoinbly? — I cannot answer tliat cjuestion, for I do iijt uiidorslao'i it, n:il«;ss '<* imply a change in tiro Constiiuiion to which no loyal subject can consent. 5S9, Are there not, in yonr opinion, too many dependent persons and holders of olVicc in the Legislative Comicil 1 — Certidnly not. 510. What chock wojld von propose against sudden, ill- advised, and inj;irious Legislation in the Imperial Parliament, on matters efii-ctincj the trade an 1 commerce, and throiiuU them, the agricultural and general interests of the Province 1 — I do not feel compelent to give any opinion on that subject. But this I know, that the i)arcnt stale is ever ready to con- fer every benelit in her po'ver upon her colonies, consistent with the general interests of the einpire, and no colony can ^■^ith justice expect more. 541. Was Air. Applcton's app!ic;ition for his proportion of tho public monie:>,as a teacher in this city, unfavorably reportc:(} on to the Lif ulcn:int Governor by Ilis Council? — I havo ao recollection. 542. When you v.orc absent in England 22 months did yonr salaries, emohiments, and advantfiges from otfice continue to be paid the same as when you were at home doing the duty 1 — The! duties were performed at my ov. n expense. 543. Does not a vast annual additional expense fall upoa (hj Provinc(% owing to th;^ continual rejpctioii of bills of n general character, s(*»t up by the House of Assemlily, rejected in the Legislative Co;ncil, and aga'a introduced, debated and sent up by the lloise of AsstMubly ? — T beg leave to state tliat the Legislalire Council reject no liills without good reasons, and that body has always ajipearod to m; to have made- iIk; good of the Province mi;;,h more its study than the House ol" Assembly, and need fear ;k> comjjari-^on in true patriotism, wisdom, and ability. 5-1 i. In what way c?.n the popular brancli of (lie Lnui^l:^- turo infiufMice th') government so as to secure the appointment of pr >,).';• i) '!■•; ):i-> as arbitrators, to decide on the propo'-tions of revenue comliij to Upper ' 'ainr.i Irom dii'ics levic.'d at iIkj port of Quebet;?— I do nol jui-wiM" tli;it ijiH^stion, n' t tmder- st;iii,ling why one branch of" tli:! f., '■;'s!,i;iiic shotdd h;iv(! n)oro inrtiieiice than either of t!u' other t\^o; hut experience! prove* tint die ;, ')i!i,if);N -i^' tlij; Pri>vi>>'-" Inve ;iKvi)vs ronducle.t til- r* i.h »lHl'!i'iS .,1 > nilii su.'ce ;i.i>( a:iii> v't I. at more < ao i45. Would not 'lo i>rit!~ili ("'oD-ititiuioiiiil sy^toiu, by wliicU \\\p lit'ud of ihn irovoi-ji'iif'Dt is o!jli;;nfl to clioose his (Jouncil- \<)\-n and pri!u-i|):d oniccrs from lunoiijr nmn possossing the coii- li icnco of tho popniiir briiiich of tlu; Loiiislatiirn, be morrt j'ilt;iblo to tho Wiints iiiui wishes of tho country, ii adopted in rojior CiiiKi'ln, than tho present iiip.ponsible mode of govern- P, ,;,t? — I do not hc'liovn tl)o govtrnniont is an inosponsiblo ()ii!< ; tho rest of tho question is too vague to admit of a defi- nif answtM". ^t!). [n \vii:if w;iy is tho frovrrnniont of this colony respon- Rihlo to piiblic ot)inioo, a^ cxprossod by the representatives of the people in I'aili un(Mit.'' — I could not answer that question otherwise than by s iyin,7, that the government is quite as re- «iponsii)le as any other government. 547. [ I'he wit. loss is shewn the Post Office Return, nnd asked] What mode would you recommend for the better gov- irn.nent of tho I'ost Office, and for allowing tho controul thereof to tiie Colony { — I have not giv(;n the subject con?i- deraiion. r>4><. In rase ptddic ollicers prove remiss in the performance of their duties, how or by what tribunal can they be tried 1 — I am not aware of any, but I think a court of impeachment, miller proper regulations, would be of great use — I think the Leirislativo Council would be a proper tribunal for that purpose. 54!). Do you not con-iider the custom of pensioning the Judges to a lartre animal anionnt, l)y orders from the Colonial Oilice, out of the Upper Canada revenue, and without refer- riice to tho Provincial Fieffislature, destructive of the indepen- denc(> of the bench in a great measure ? — The Judges arc rcndcn.'d indef)endent by law ; but the law is deficient, in a-* much -xi it does not pr(»vide for a retiring allowance to t!ie Judires, if therefore theie be any fault it is in the House of Assembly. 550. Do you think Lieutenant Governors, of themselvei, po';«;ess a suffii'ient kn((w!'>dtre of the inhabitants of the seve- ral districts to enable tlunn to select judicious persons as jus- tices of till" [).'aci^ ? — f'lMtaiidy T do, for they have the best s;iir-r; ot' inforiMaiion, and are quite independent. 5'>|. i> is coiu|i!.iini';l to fli-; Majesty that shcrilfs hold their nf!i'M's ill aiiji'ii d(',ii!Mii^ifi!e to pohiic opioion ; that they choose the grand and pi'iit jiii-ois wiil'out ret'crence (o tl.eir fiioess, hut often from |i iliii"' il cotisir] ritioMs: u !.;>! r-nu-ily would you provide »« ;:. to siviire (o [h>> ■sv.\)]rri a fair trial l_\ jury ? — I cannot an- qiiiv.ii'.;i, o'ving lo i',* aijim-ptiens, which I do not SUT til .11. BB iM.i i: \ I1>KN( r, Ol' ill 5'y2. Have not tlit* resident sottU'is, l»y llit; in)|tiovei>ioijis they have nmile, and tho ll.)ns(> of Ass'iiibly, hy its lilK.'ial trninis for roads and hiidi^os, and in aid oi' inhuid inivigation, jjivcnto th«? public lands thoir t,'r('atly incnsased value as com- pared with 1792? — Tt is an incidental advantage which gives them no particular claim. o')'i. Oiioht not the revenne arising from these hinds to have been ap|»Iied to tlu^ liquidation of the War Loss claims, instead of increasinjr the pnblic debt and dnties on imports for that purpose? — I woidd not answer that (piestion, for 1 do u»t admit its correctness, as the Government have given large snms for that viny purpose. 5.')4'. Ought not the whoh; pidjlic revenue; to be p.iid in tl.e !'i'0ss iiU» the excheepier or tr(;asurv of iIk; Colony, and llic proceeds ap[)lic(l only accoi'linL' to Ian? — I do not answci that *|ii(>sllon. o")."). Does not tlie immense patronage of the local and gen- f ral Government, uncontrolled as it appears to be by the House of Assembly, render m«gatory in a great degree the eflbrts of the representative body to assert and maintain its constitutional independence?— Certainly not, for the members of the House of Assembly liave been the chief oflice holders and the chief office expectants for the last thirly years. 056. The vote by ballot in elections is prayed for in many petitions botfi to the Assembly and to Mis Majesty ; what is your opinion of this mode of voting? — Nobody would ask for the vote by ballot but from grofss ignorance ; it is the most corrupt way of' using tlie franchise. TmT. Is it just to the Bajitists, Quakers, Menonists, Tun- kards, Independents, Seceder;?, nnd'ot]u>r classes of (/hristians, v/hoso spiritual teachers receiv(> no share t)f the public rrv( - nuei for their ndigious servii'os, that the Clergy of the Kirk ol Scotland, the Catholic l{islio[) and Clergy, and iIk^ Metho- dist Miriistcis should, without liie sanction of tlie Legi.'^la- tiu'e, have a bounty paid for the performance of tliolr relii;i- oiis duties? — That (juestion is not put in a way in which I could answer it. 557. The undue advantages and exclusive religious privi- h'ges granted to certain reli'iious denominations art; nnich complained of; woidd it iu)t f(Mid to streut^tiien good u«»vurn- njont if they were ahoiji.'thf.'r al)olislied ? — I'here shoidd he in every (Christian coun(r\ an established religion, otherwise it is not a Christian but an Infidel country. 559. The (Government of Cpper Canada docs not confinr itself to maiiilaiiiinii one foi in of the (.'liristian religion; it selects ftnu' particular denoiniiiations; and within the last \\\o- yeur'>; apiH'ar^ to have jiii'id them about i.'"l'5,(UH>. uhile tl.-.' The Hon. and Vin. John Skvchan. otliiii sects received no part of tlic public moiiits: do }on I'liiik tliis was a just course? — The (iovcrnmoiit do<;s so little ill support of the Christian religion, that I am thankful they do this much. oHO. Do you consider the Clergy Corporation legal ? — (4'i-tniiily I do. 5L)1. Are you aware that the Legislative Councillors re- ceive a far larirer pro|)ortiou of the taxes than they and their fiuiilies conlrihute J — I have not the means of answering tliat (luestion, for I am not aware of their receiving any share of the taxes whatever. .i()2. Do you think the local knowledge) possessed by the Lieutenant Governors of this Colony generally, suflkient to ♦Muiblo them to nominate independent men, otherwise well i|ualified, to the pflice of Legislative Councillor! — ^I think the Information is very open to them. 5(13. Has not the present irresponsible system of govcrn- niciit in Upper Canada, a tendency to discourage the emigra- tion of the more wealihy and enterprising class of emigrants ;iito the Province? — Certainly not; the Executive Govern- ment does every thing to encourage emigration, but the slan- derous newspapers make people at a distance believe that fhnrc are diflicuUics in the Province, and produce a contrary cfli'Ct. 5()1:. In your letter of the 3rd of March, to Colonel Rowan, in explanation of a payment of £.")00 or £324 sterling, made to you in Londonfr^m the-.Canada Conipany's fund, you state that it was to defray charges respecting King's College; wa are desirous to ascertain for tbe inforniTttion of the House, the way iu ivhich this money was expended, and the particular items i'> xt .'use incurred by you, for which this was your r;!ni inc ;:a*' tn '' — I have no further explanation to give than M'liat my h » I'r contains. The Colonial Department, under whose direction it was expcntlcd, was satisfied, and no-part of the £.500 remained with me. 5fi5. On referring to public documents within our reach, we fnid that £324, and £524 sterling, and £712 l6s 2d, and ■i.()78 Cs Sd, and 2000 acres of land in the Gore of Toronto, Were given or paid to you when in London or since, on ac- count of your journey to England, or on matters therewith «"onnccted. It also appears that since the 1st day of Januar}', IH2G, you have received £2,250 as President of the Board ot Education, up to January 1833 ; £2700 as Archdeat-on oi Vork, and £1000 as an Executive Councillor; besides sums " for dilapidations on yo'ir living ;" for the gaol ground ; for t^ic " small strip roits," Toronto ; for the acre, formerly the M'j-ip'i'il Srpiaie. with oihcr sums. For the information i'::>( i; of m .'V. ^^I'i M II i:'] L! ';l 'i'ii iiii Nil ii!l|!!l tlii'? ConiiuitUH*, and ii) ordt-r to prevent inisreprpspiitalions and iiii.saiipr«.'lioii"5ioii we uvc dcsiiiKis that nou would riiniihli the Coinmilti'"' with a statojiit'iit ul' all nionius or grants, us paynients niado to you, for any piii-jiose \vIiatsoo\ cr, since 1st of January, 1S::?6, whether iVoni Colonial IJovcniio, Crown Lands, tlio Society for proniotini; Christian Knowledge, liiti Majesty's Government, rents of reseives, eler<2y cronndy, l^lebe rents or uses, or from any oiher pnldic source whatsoever, either liere or in Kngl.Did 1 — l-'ur a complete explanation of the various matters contained in this ju(sii»n, I beg leave to refer to two Utters addressed to Lieutenant Colonel Royan ; one bearing date the 3 1st January, the other the 3rd Fe- Lrnary,* bolii are I believe in the possession of the Commit- tee. In these will bo found answers quite satisfactory to tivtry honorablo tnind. • 1 must at the '.ame time enter my protest arrjnnst the niRn- *ier of putting this question, which is evidently calculated to mislead the careless and ignorant, though I am willing to be- Jieve that such could not be the object of the Committee. Various sums are mentioned, wliich were paid at dilVercnt ns, &c„ culkd in a/nl cuiiitined. 5GG. ITow often do yon account to the Innpcctcn' General foryonr intromissions as a manaucr of Poiilic h.iids ? — Ifaii joarly for Crown Lands sold, and ;il ihc end of e.ch year for the dues on Crown Timber. 567. Do you, as a Member of tlie Fxecntive Council, audit your own tran^Hctions, ni your seven! .ajiacities of Crown Land Com- missioner, Commissioner ftjr !;. sale of (Mergy Reserves, and Suneyor General of Woods ; or are these account" Bubmitted * It is probable that the witnpfa ailndee to his letter of the 3rH of March, 153,>. there beiuy, no 'titer of 3rd of rebiusrv on the Krcoidi f>f the Ht-UBt i/f AiLemuiy. n-1 rHE Hon. p. Ror.j,\>:Ov, 89 to no •supervision uluiievcron tliisside tlic Atl;ii)fic?--I doiiol attend llio nutlitin;^ of my own uicuiiiilB. In llic first instance, Ihey ar« »eiit to the Iiisijcclur (jlentMiil tor oxnniin.ilion, and by Lim sub- niittod with h'lH leinarks to the Council, for audit. MS. Were the hiborers under the l.ite Mr. Uoswell Mount'i superintendence paid lor f^ui'day work? Occasiionally they were, as it was ne; e .s?::iry that there should be no delay in preparing houses to slielter (he Emigrants as they arrived, as well as to erect Store-luiuscs, and an Hospital. ,'5t)?K < 'oulil liot tlie Surveyor (iciieral perform the duty you «re paid £'){}{) sioriinn for, under the title of " Surveyor G'eneral of AVoods" ? — i think the duties of the present Surveyor Cicnera) occupy all liis time. 570. Is the large number of Clerks in your office essential to the jransHctiou of the public business eiiiiustcd to you? — They are all absolutely rctiuired. The House of Assembly having raised the salary of tlie Clerks in other public offices, the Clerks in my own petitioned the Governor in Council to be placed on the same i''jotin. — The latter part of this answer was given in reply to a Question respecting the increase of salary allowed to my Clerlis. r>7l. Have not tlie resident settlers, by the improvements they Iiave made, and the House oi Assembly, by its liberal grants for roads, bridges, and in aid of iiilwnd navis^ation, given to the public hinds their greatly increased value as cunipared with 1792 ? — Yes, uo doubt. 572. Ought not the revenue arislri;: iVom these lands to have beei| a}>plied to the litiuidation of the War Loss Claims, instead of in- creasing the public debt and duties on Imports for that purpose ? — I decline answering that que^iion. 573. Does not the immense patronage of the local and general go- »ernnient, uncontrolled a.s it appears to us to be, by the Hotise of Ass'^mbly, render nuga'^ory, in a great degree, the efforts of the Rr'j)resent'r.tive iMidy, to assert and maintain its constitutional independence ? — I decline ar.awering that question. 574. Do you approve of the 'r< vcrnment payin^f, without the consent of tlie Assembly, for t]:o .eligious services of four Chria- tian denominations? — I d .ilinc answering that question. .575. Would not the IJruish Constitutional system by which the head of the '»-()vormnent is obliged to ciioosc his Councillors, and principal oiVncns from ;>nong men j)ossessing the confidence of the popular branch of the L.-. gislature, i)e more suitable to the wants and wishes of tlie Country, if adopted in Upper Canada, thaa tlie present irresponsibl" mode of government ? — I decline an- swering that question. 57G. Doyounot eriisiuer the custom of pensioning the Judges to large nnniial am ii; t, by orders from the Colonial Office, out of the I'pper Cana'l<-i Hcvenue, and wi-iiout reference to the Provin- cial J.taislaturti. destructive of the independence of the Bench 'tu n grcH Tn.'.isuie ' — .( uu not prefKueJ to aiiiwttrthaf question. 1)0 Evn)i:.\(M. OF i 'lil I v. n;l m:- m !li;;l| 'M\ v.in 577. Do you think the LioiUcD-.int fJovcnioifj of ilicnisclves possess a duiriciwiit knowledge of the iuhiibitaiit.s of the various UisHicts, lo enable tiieui to select jndicious persons as justices of the I'eace .' — The Lieutenant (lovernor has various sources from which to obtain inforuialion as lo persons qualified to be iMagis- eiit ,«ystein of government in l'j>perCana(te, tomleiicy to disi oiuage eiiiigiaiion of the more wealthy and en- terprising class of emigJants into the Province .'—1 do not think it has, hitherto. rtf*'}. The vote by ballot is prayed for in many petitions, both to the Assembly and to Ilis Majesty; what is your opinion of this mode of voting ? — I have always been opposed to the vote by ballot. 58(j. Would you favour the Committee with youri-ca$nns,whyyqti nre ojiposed to it ? — I am opposed to it on the ground of its, not being in accordance with the jmictice pursued in the parent state, and from the conviction 1 feel that ths vole by ballot doe« not alford any additional protection to the individual in the exer- ,cise of his right, as it is notorious rfiat it is always wtU known to which i»ariy Iip gives his vote and interest. 587. Doyoti kmnv wiry this Trovinre is piH'ii'g JC200 sterling a .V«ar to I'^iigland, a« a pension K) Sir D. W. Smith, a Noilhutn- iirian DainueiJ— 1 dn iiol. Til.. lluS. r. lioUlNSOX. !>1? ■)':?. lb llii' IVieutPHiuit (lOV^riKir olilif^fd in matfcis ofStiife I'o' li.v, to ask younulvico as an Executive Couiicillor? — Only in cases where the Jilst of rlie Kiiifj n'C|uires tliut he sliall act witli tho iilvicp ol" llic I'iXfcutivp Council. 5''!). Il'lie asksthe advice of the Exernt've Council, islicobligoiV to fdllitw it. Jf he asks your advice and disaarees with you ni opinion, can he reject your suggestions, and follow the dictates of lii>*o*vn judgin'^n ? — I decline answeringthat questi'in. .")!>(). il' Hi8 ICxoelleney receive Despatches from the Colonial <>)(riec, canheact on iheni as lie sees (it ; without thead'/ice of the l'',xccutive (Council ? Il lie does ask their advice, can he submit an ps(r;i(t of a Despatch to their consideration, or are all Despatches and ennimunicalions hotueen the l.ieutenant Governor and the ( ''iloiiiut OiTue, enregisteied, and open to the inspection of all t!ii' MimmIkms ol' the Kxeciuive Council? — I decl.ue atiswering t'i;it (jii'>s'i')ii. ;■>!•! . Have you read the lion. Mr. Elmsley's lettev a(lv.ertised in tlie newspayers on resigning his seat at the LVxcoutiVe Coun- cil Board .' Tho letter, is as follows : — TIoT.T.vNn ITiM •«?•. y •• Tn ordorto provont any misconceptions aa to the mo- " tives which have iiuhiced mo to resign my seitt ih the Executive " ('oimcil, I b"g to be permitted to make your pnper the cliarmeK " ihronjirh wliioh my r^aso-is f(>r taking that step may be commnni'. «' cated to the public in their propor light. In the year 1830, His Ma- " jt^sty was wrncoiisly pleaped, in compliance with the recommen- " (Intion of llis Excellency Sir .Tolm Colborne, to call me to the " Ex'K'niive (^onncil of this I'mvinco. For that mark of His Ma- " jesfy's Royil favotir and of His Excollency's consideration, I feel •' highly proud and dooDly irratefii', hot since I have assumed the '• iliitios of that high otfico, I fiiui tiiat I cannot fearlessly express' " my r.^al s:,Mif,iiMonts and opin;(»ns, if opposed to the Government " for the time b(>ing, without, iiicurr'ng the risk of dismissal from. " that IloiuiniMe Bjard, vvl'cli co'istitnles my inability to advance- " tlie pu'ilir gooil. I havo thomfore deemed it expedient, most " n'sp(;ctrnlly, but reluctantly, to tender the resignation of my seat' "in tho F'.xecutive Council. "JoriNELMSLEY." Are t1ie fh(! Blue Book, to have re- ceived jCl.^0 as Senior Clerk in the Crown Lands'" Office, and £l 50 as Secretary to the Corfioratijn for managing the Cler- gy Reserves. Tlie same autliority for 1834, shews, that iti that year, both your salaries were rais'.nl — the first to ,£200 ; A the second to 300 ; is this the case ? —Did you receive j£500 in 1834 for services similar to those for which in 1833 you had £300?— In May 1833, I was appointed Sec'y to the Clerpy Corporation with a salary of£^l50 per annum, at which period 1 held the situation of genior clerk in the Commissioner for Crown Lands Office, with a salary also of J£l50 per annu;n, niukin:; jE300 per aiuium. In 1834 in consequence of the great in- crease of business in the Clorey Corporation Office, I found it impos.-,ible to attend properly to the duties of both offices, and upon my represeniiiig the citonnistince, it was ordered in Council, on the 3rd April, 1832, that I should attend en- tirely to the (luiies of the Clf iL'V Corporation Office, an] that r siitiuld KM civf! a salary of ;>(,() |.l^r annum. My salary tliercforiMu til- i "Diiinu^-^ioue. lur Ci own Laiido Office ceusvd un ih;.- J 1st M ;i'-h, tbJl. S. p. IIl^ud, Esq. 93 7th April, 1835. Mr. IIEiNRY panne backer, Farmer, Waterloo, CouNTv OP IIalton, Gor.E Distuict, examined. 59S. You had a noto in the Bank of Up])er Canada? — Yes. 599. Was it paiJ rpgiilnrly ? — No. Goo. Wiiat lias hoen llie consuquenco ? — 3 lawsuits were bogun and carried down to trial on ono note by Clarke Gam- ble, Esq. the Attorney for tlie Bank. Tlie note was for £50, the interest came to £3 2s 2(1, and t'le costs to £30, although the parties whose nan»es wore to the note, lived close together, thirty miles were ciiarged upon the service of each paper. Tlio Witness delivered in an account as follows : «' The Bank of Uppor Canada, rs. Henry Panncbacker, John Gisffnik, and Abraham Pannebackcr." " 30 miles charge upon the service of each paper." "3 Suits and carried down to trial." «• Amount of note, jCoO •'Interest, 3 2 2 £53 2 2 "Costs, 30 £83 2 2 «» Or. by cash 03 £20 2 2 •• To be paid by Ist May at Hamilton, to Mr. StevouB." C. GAMBLE. Gth April, 1835. SAMUEL P. IIURD, Esq. Surveyor General op Upper Canada. 601. What is the date of your appointment to the ofTice of Surveyor General '?— 1st Nov. 1829. 602. When did you enter upon the duties of that appoint- ment in this colony 1 — 22d May, 1832. 603. Did you receive any salary, fees, or other allowances as Surveyor General, for the time that elapsed ix tween the di'.te of your appointment ami the i)uriod at whirh jour per- sonal services began in this colony, fis head of }otir depart- ment? — And if so, what sal n-y or allowano*' did you ro re- wive, and by wliat authdity ■■ —I reofivsd h\x niomhs pay in ASSEM. No. 21. !5 MS- ■^t^k •11 mi 111' > a i^.'fl l.W, I! ■i! 04 E VIDENCC of full for the first «!x monthi aftor my appointnirnt ; nnd siit/- sequHiuly, half salnry niid emoliinifnts to llie lime of nty ui- rival in Cmarhi. Tlie authority, was an order from His Ma- jesty's lloinu Government. 604. It appf'ars hy dor ijnion?s sont down to tho House of Assjmbly, that £7:kS 18s 10^, an:) ill 43 13s UA, steilii;g money, were |)!iid lo INlr. Cluvvotl in 1832 and 1S33, out of Fund A, othorwisL' hnown as liio du'.ios lovicd niider tlio Act 14ih Goo. 3d, withoui tho knowlodp^e or consent of tho Le- pislalure, becauso he had paid ov<'r thoso sums or half his sa- 1 try and oinolunu'nts from 1st of Nov. 18-^9, to you ; why was ho called on to rofund this money to you, and wliat weie the BJrvicesyon rcndtued thenfor 1 — The sum of JC795 18s lOjd i» the fiTioIuinent as is staled arising to W. Cluiwett, Esq. us tiie pay of his oflicial appointnient as l'rin(i|».d Clerk, and *enior Surveyor and Draftsman — with the Inlf emoiumenls of the Surveyor Genertdship. ThejCNS 13s ll^dissinn- larly accounted for. Tiie reason why that penileman paid over the half of the sihiry to the Surveyor (.ifiKjral, being tlio sum accruing during his absence Irom the Province, sub- sequent to his appointment, is explnined by the despatch from the home government, alieady alluded tt>, expressing its pleasuie and conveying its directions on ihut subject. 605. What was your income ns Surveyor General in 1834, including all fees? — Six hundred a year, sterling, being a di- luinished income. Fees about £75 currency. FRIDAY, 10x11 Anui,, 1835. \V. \V. BALDWIN. Esq. Toronto, called in mid examined. 606. Some years ano a Committee of the inhabitants of this District Held a correspondence throuijh you (as chairman of a general mentina) with Tjoid Viscount Goderich, and oiher gentlemen of influence in England, and petitions were agreed to* and sent home. Have you preserved any of the letters addrcsse I to you at tliat piiriod concerning the nfldirs of tho Colony ? — I have the letters I received. 607. Wonld you have the goodness to lay them before this Committee? — I now picscnt the same. [The Witness deli- " £a« di-afi «f ^utiUun!«o fi'W (1ny«, of \mur leltor of the iJrd of Juniinry, onclosin^ tim K'-soldtioiis of a Public Mcf ti.inr ni Vork (which I had hf(foro seen in tho Caimdd pnporf) and nl-oof a Petition to IIis Majesty and tho oilier bnmchcf! of tlie linpfriiil Loijit-l.ituro. I huvo not yet received the original pftition referred to, which the ineetiiicr liave done mo ih*) honor of eiitrustiiiir to niy rare for presentation to the Hoiisj of Conimons. I cannot, therefore exjiress any opinion npon tlie word, ing of that Peiition, which mnet necessarily be in some degree va- ried fiom tiiat of which I have received a printed copy, irmsmuch as this, addressed to the King, contains recoinmendsitions and pe- tit-ions upon various points intiinnfely connected with the practical exercise of the niidoiihted prcrngntive. lleplying therefuro in somo degree rather in the dark to liie letter wliicli I have had thehonorof receiving from yon, I may be permitted ;o siy that yon and the Coin- initfee do me no more tiian justice in supposing that whatever my nbility maybe, I f;li:ili aUvays ho liappy to exert it to tlie uf.n"^^t in the miiii.tenaiice of tho Coiistitntional rights of liie Loionists, and in making known, and procuring the redress of any grievanees of which they may iwive jn^■t cause to complain. In the exercise of tiiat duty, on the other iiand, I nhall never siirlnk from exjjressing my opinion, when I think tiiat their expectations go beyond those just riglits, or when those supposed grievances are pushed beyond tiieir proper limits ; a^d in so doing I sliaU conceive that I best dis- charge my duty, not only as a Member of the British Parliament, but as a sincere friend lo the real interests of tiie Colonists. In the Petition of which I have received a printed copy, I nm extremely hiipjiy to see that many of the evils complained of, and many of the sugijc.-tions for their remi dy, had in fact been antici- paicd by the reeommendiition of the Committee of the House of Commons, of whicli I was a Member — a committee vvliich received indeed very httle evidence especially from Upper CanaJa, but which manifested universally as anxious a d sire lo come at tiie real truth, and to do impartial justice, as any committee upon which I ever had the honor of sitimg. With respect to the inviolability of the Constimtion rf 1791, and the lim'fs of the respective jurisdictions of the Imperinl and Provincial LegisIatuiTS, a point most delicate to touch upon, and most d flieiilt to define, the Committee h;iv»\ I think, eyp'-eB. Sr.'d themselves (Report p. 8.) in a manner wiiicli most be satistuc- tory to the Canad.is geiieraily. Upon the subj.ct of the Cons! "tut on of ih • L"gipl,itive Counc 1, (which I do not hesitate t9 say, without ai'.y disre.-peet to or reflec- tion upon the iedividuuls who compose it, is at tlie rojt of all tlm evils complained of in both Provinces) — ii()oii the exclusion of tha JudgBr', with the dinyle e.xjeptioii of the Chief Justice, from all iu. £■■ - if* ■^ ft Us if ^ 96 Evidence of tcrfcroneo in poliLical biiainoss — and upon thn nocossity of iiitrodiic- iiy -llic H M III! ing some altoration into tlio preacrit Jury pyritorn — lIic tliix-e nio^ impoftanf. poiiitd nf your Petition, you will Hnd tli'it tiio opinion oT llio Committee i i^rircly concurs with yours— ftiul that opinion I am disposed to support to tlio utuinst of my power. Tlio absence ol' llh; Judi^ojj, I n:n incliin..! fo tuko upon S'lncwliat dinbrt'Ut fjrouads. Ad a substantive pn>noHitn>n tliorc c^iiinot bo a dount of tii.j propviffy of ihc prayor of the i'otitifmers upon tlna ht-ad : and I st-.ould own yi> Iho Icmnh of siuin^j, that it must not only bijft'Miio.^t roasoiiobjtj" but a voiy urgeiH ^routid, wliich ouglit to bo alK'pcd for giviujr a loav; of al-ienct; to a Canadian Judgu.— It is iiicinirx I tluiik tho proposition in itself so undpniable, that I regret to find it mixid up wiiii a peculiar rase, involving much of party, and much of [» rdoual txcitcnicnt — I mean of course the re- moval of Judn^e Willis. Upon thu lunifcd infarnmtion which I have obtained of tiiis case, cliiolly however from parties favorable to the Judge, I cannot help thinkinjj, without expressing' any opinion aa to the legal construction of tlie disputed Act, ond even adrnittinpf him to be right in liis interpretation, that his mode of giving lliat interpretation, and subsequent conduct, is open at least to the charge of indiscretion ; and nccoBsarily placed the Government in a situation to have at least a fair excuse for his removal, if they de- sired it ; and feeling this very strongly, I cannot but regret that tbia personal case should occupy so much of the space devoted to the constitutional grievances of the Province. With recpcwo to tiio appointment of the Judges during pleasure, and not as in England, during good behaviour, giving also tho power of impeachment before the Legislative Council, I must ac- knowledge my belief that the circumstances of the colony do not at present warrant such a step, however anxiously I may desire to see the time when they may do so — but at present I conceive euch independence upon thu Crown would ])racLica]ly be dependence up- on the people, more ogpociiiily liiil'ss they hold permanent salarie.«, of which nothing is .said; — and the vory tcntisof the Petition seem to limit a fiiture time, when they^pcak of tho Legislative Council, "being so modiiied as !,o beonie an inJopenduiit branch of the fiC- gislature" — to such a iiiodilicatiitter of the 3rd of January, inclosing a copy of the Kesolutions of a Meeting of the People of Upper Canada, and of a Potitiua agreed upon by them to the House of Couuuons. I have not heard of the arrival of the Petition, but when presen- ted by Mr. Stanley I sliall be happy to support it as I concur in the prayer. 1 am confident that much oppression and misgovernment takes place in the Colonies by tlie Goverunieut at Ilonie being kept in ig- norance of the truth, and the best mode to obtain redress is to a.i- ply to the Secretary of the Colonies direct, and to send to some Members of the Commons copies in form of patition to be presen- ted if the Secretary does not aiTjrd relief. The present Secretary Sir rieortre Murray has, in his place in tho House of Commons expressed tho bestjapinions and principles on which he intended the (jolonif s shall he governed, and wi? are anxious to know whether his orders are to enforce those principles. The Assembly in Upper Canada s'lould agroo to nothing which is not for tho inti^Tost of the communily ahd tlic proper controiil over every item of expenditure should be the first and most impor- tawt object fbr thcui to attend to. We luultTstand that orders have ^. '-:■■*) i'»-'.y V'" ■; I 98 Evidence or bepn BPnf out to make the Collosre of Dr. Strachin open ta aU Mctc, Knd that it ia to he also under a joint maiiatrffmcnt of all gects of ProtcstaiitP, and there is iiofliing tho Caiiudiana should bo inor« cautious about than tho encrom iimcnts of tho Ciiurch of Kiigland to nr\y thing like a dominant rflifrioii. I have eridoavourrd to cut off the eupplioe of money voted by Pitr liunient for the Churcli of Eiiyland inisaionarlet-', but as yet. witli. out eiiccoss. — I shall not cosieo to repeat my endeavoma in tliat rte. poet as I consider it most important to tho peace of all the NorUi American Colonies. We expect to hoar that, some changes Imvt/ been nial.: respectmnf your Council, and I agree with you that tin. til these are responsilde, and n movable on the call of the peopia for abuse of power you wll not be right. Wishing every siiccopB to your endeavours, and trnatingyon w'll porsevt -e aieadily and moduiately in the course you are purtumg to eetablib'i your rights. I remnin Vour ohcdient servant, JOSEPH HUME. W. W. Bam>win, Enquire, Phairmnn of a Pub- lic Meeting ut Vork in Upper Canada. SIR, London, May 7:h, 1829. T havo to apolog'zo for not having acknowledged, at tho time wlirn I received it, your letter of January ,*}id, comniuiii- rating to me the intention of a jnrge body of the peopiu of Upper Canada to entrust to me a petition uddretii^ed by them to the J louse of Lords. Bui as the letter which 1 then had the honor to receive from you, was not accompanied by the ))Ctition itselt, I tiioiight it would be better for me to wait till that document should rcacli me, betore I troubled you wiUi my letter. 1 have now received tho petition, and ehall not fail to prepont it ftt an early period, to the IJousc ol Ijords. It is necessary liowever that I should state that I am not witlioiit some apprehension that thei-e may exist a technical difliciily in the way of its reception, inconsequence of ifscoi.taining a d.rect reference to certain wordi puppoeed to have beoii used by Mr. Hiiski^sou in the House of Commons during the hist session. The Houses of Parliament are very particular upon tliis point, and I have known more instances tiian one where p titioiis have not been received in consfquence of R similar referer.ce to speeches made by members of Pailiamenf. I shall however teiid-r your petition to the House, which will of course decide whether it can be received or not. In the mean time I beg you, ps well as those on whose behalf you have transmitted the petition to me, to believe th.il I am fully sensible of the hoflor which they have done '"e in selecting me as the chonufd of coinmunita- tion betweei so large a portion of the pruplc of Upper Canada and the House of Lords. It cannot but be highly gntt.fying to me to learn that I owe this distinction to the manner in which, upon a particular occasion most in eieating to that country, 1 discharged my duty as His Majesty's Secretary of State Ibrtiie Colonies ; and \ assure you that T retain an nnxio'is dtsire to see that portion of W. W. Bai.dytix, Eiq. 09 \h^ Kinp's dominions floiiriehinw, contonted and happy. It will b« itiy (lii'y to give my bent attentibu fo the variouB importanf. particu- lars adverted to in the letter which you have addreeaedMo me, and ill the petition wliich lias followed it ; and if in some respects I may not concur in all the opinions entertained by yourself and tlio ptjtitioners, I venture to trust that you aiui Ihry will be disposed to B-'cribe it to anything rather than indfrrcnce to the feoliuys or tiio uitereets of the Province of Upper Cauiula. I am of course not in possession of the etmriments of His Ma- jpsty'w Government upon the various matters to which the petition- ers wish the attention of Parliament to be called : but the Commit- tie winch sut during the last S'lssion have upon many important topics expressed opinions vvhieh appear to be much in unison with those entertained by the Colonists, and which have doubtless alrea- dy iittrnoted the notice and coiisidoralion of the Government. The appointment of that Committee, and the extent to which they rirried their investigations, are strojig proo's of the ready disposi- tion p -al to thi' jiii^tice of your Majosty against the mis-rule of the Provincial ndininistra'.ion, and humbly to point out to your Majesty the alarming inctreaso of onr griovanccs, and the necessity of their T'dress, as they become more and more inveterate from the patience w til which we have hitherto endured them. We ofl'or onr warmest llianks and gratitude to your Majesty for appointing to be u j U^o over your Canadittu people, the lion, .loliu VVulpoie Willis, whuae private virtues and acknowledged learning, blended with h'gli and uncompromising principles, unifo'inly evinced in the impartial dis- charge of his judicial duties, have already cndear'd him to ffie country, as one of its greatest bleosiiigs, and as afi'ording to the ]H'oi)le the most flattering presage of a new era in the administrs- tjon of jiHtic? — of this blessing we have been unconstitutionally deprived, and misrule hns at length become so bold, and power so inmriuriimtutc of Its victims, aj to ffpuru fiom the judgment reat loo J'^vir^xcE C>F ^^i^i-%i m-m\ il i;* the lioiiorabic Mr. Jii.?fico Willif, who thoro propcnfcd wliat has long been wislicd for hut. seldnni soon, tho stern and ffaihjss inte- grity and independence of a British judi/e. Hiicli judicial inteorri. »y aud independence urn niarminirly ttulanirerod when such a jud^re, without iuipeachment and even without a charge, can be so ighoininiously amoved lVo;n this Iiiffli dUiee. Altlioiigli wo enteririin tlie fnller^t contiih'nco In your jMnjesty'a desire to promote tlie ii!in])';iirpj and iJi-nlect tiio riqiits of British subjects throu^rliout your ample and glnrious dominions, yet our liopes of speedy redress are not a little disccuro^riMl, by a know- ledge that while we, on our part, open to your JNInje.sty the abusca and oppressions i^rowiiig' upon ns, the very per-ons we accuse are pressing'' througli other chaiuiel.o, atlbrdiu!,' a more favorable access toyour Rftyal belief, tliOFe interested misrepresentations, which are designed both to promote misrule, and protect the authors of it; for it cannot be forgotten that misrepresentations from fucIi sourcca have already recently endangered our civil and religious libertiea and cruelly vililied and trudueed tiie iair ciiaracters of the dissent- ing denominations of Clui8tian:i in this Province. And the im- pending consequences of such secret misrepresentations are further apprehended from the tenor of the speech of the Riglit Honorable Wm. Huskisson, yonr j\Iir profit under the Government, or to be members of the Executive CiHincil. Secondly, That the Judges of the Court of Kmgs Bench, be not l.cjislativi* ('ouncillore, nor Executive Councillors, nor Privy Coiinciilors, in any respect in the Cdluny. Tliirdly, Tliat the Judges shall not be permitted to absent thsm- K' I ms from the Province, but on the most reasonable cause and wiili leave ohtaiued as prescribed in the British acts relative to ('iiloiii)il Oificeri?. i^^u^tlliy, That the Judges bo made independent as in England, ii I'diDfi' iheir oftlceH not as at present in this Province but during p lod be'iaviour 10 be inrpiired into, by impeachment alone, in the I'ltnincial Parliainenr, b fore the Legislative (.'ouncil, when that iiiidy is Ro uiddili'd as to beconiu an independent branch of tho l,''Ui.'^l!ltiM".'. I'lfrbly, 'i'hnt for pnnio time, iif Inast fiH the Province nfl^irds an m! q'Mf'' foui'ee ni' legal niid oouHtitutional education, tho Judges !i j|vviiiitr(| froiti tlie bar in Knglaud. ^!|\•lilly, That n Legislative Act be made in the Provincial Par- I' i.ii'fil, to fiiiMhfnfo the mode in which tlie present constitutional r :'pn:i .(''i' I y of the ndvipers of the lornl Government, may bo car- n^ ' iirii"ti,-:t"y iiiin efFoet ; riot on'y ty the removal of these advi- .\s.ii;;.i. N,i. -Jl. T 10^ Emdexcl of -^! '■Mk m eers from oflicp, when tli«y lose the confidence of tlie people, Cnt nlwo l)y iinpcaolaneni I'or tlie houvior olToiiccB cliurgcabli; u^atusi' thfin. Seventhly, That our present Jury Sysfcm be amended by a new law whereby th(i jurors to be iinpanuelh^d may be more Cfjually se- li'ctcd from the country imd li'ss at tho mere nominalioii or' iLc- B.it'riir or Iiij oiriCcrs ; such new law to uxtDiid both to j^rand aiid petit jiiruis. llaviii'j thus under tho pressure of the present crisis Iiastily con- centrated our most prprT;aing grit.'vauces, and liuuibly pravi d fur tlie royal aid of your Mnjosty's preron^ative in providing appropriate lemodieg, we your Alhjesty'n dutiful and loyal tiuhji.cts cannot ouiit ajfaiu to briui,' under your Majesty's serious notice as indicative of tlie necosdity of a change of men and measure f, the recent violent and uucoiislilutional removal iVom office of the lion. John VViilpolo WiUiF, a public wrung, calltnir niore and more loudly for our nioat earnest remonstrance to your Majesty, and strongly elucidating- tho injurious ciiaracter of the policy puicucd by the prcbcnt IVovin • citti iidmiuistr:\lion. Such v.»aH the apprehension of tlio practical bad consequences of the Kinjr's Beuoli being Without a casting voice, that previoud to Easier Term last, a memorial was addressed to His E.xcellencv, pointing out, in some respects, the failure of justice in such a state of things, and requesting II is Excellency to sus-pend his leave tf ahsenc«\ to the Chief Justice, whase departure from the Province was at that time publicly spoki n of, even until after the approach- ing term. His Excellency, liow'ever, did not think proper to du so, and the evil consequences anticipated have been realised. During tho terms of Michaelmas and Hilary, last i)ast, with a full Bench, there was not fewer than ten cases wherein diflereiicos in opinion nrOKe amongst tho judtros on important points, and in Easter Term, •luring whicii the Chief Justice was absent, tlio two Puisne Judges \vere divided in ouiiiion, in six several cases. In such a state of things, substantial justice c:ninot be said to be administered. The Provincial law wisely enacts that your Majesty's Chief Justice of this Province, together with two puisne Justices, shall preside in the Court of Iviiig's Bench, And as a diversity of opinion iias, in many important points, unhappily prevail 'd among thejudg(a of tliat Cunrt, which is tlie only one of superior jurisdiction, and from which in the vast mnjoriiy of cnsey, there can bi' no appeal, the iai|(Ortaiico of mainfaining that Court, as organized by law, becunies tho more urgent, and tho vioialioa of that law proJucUve of tho greater evils. Under these circumstances, w(,' feel that the Hon. Mr. Justice Willis deserves the apjjrohation and confidt.nce of ail good men, fur withdrawing from tho (.^ouit Hou^^e, under a conscienlieus convic- tion in his own bio;i:;i, tliiit he could not administer jnsiice hclukI- )ng to law, uIkIo llie Court w^a not constituted as thai, law required. rieiisililo as we are that the appointment of Jiidgi!-, Pftperned by the people liir their loiirniiiLr, and beloved by them fur tlni ■ v w w ^, is in eveiy Celony so hl'js.sei', tin; moat cuiiclusive ev.dt nc;' ef t!.e health ol'llie great body politic, .-o do we h'el that this del.lieuite, vie- ijjjtuiiJ ui:^o;i..lUut:'j!:alreh,ovii!of Mr. Ject.ce ^Vlll,s, drp:i\,i j us W. W. Baldwin, Esq. 103 r>f the boncfa of his honourable and conscientious sorv'ccs, is n griiwanw of such inagnitnde na requires your Mnjosty'a pnternnl interfiTonce ; and this evil we feol the more serious, because it fur- nishea the prosent provincial adininistrfttion, with an opportunity of ])lacin^ unon the judnrinent aoat, a man labouring' uudtM- those nrcjiulicffl of family connections and party furlinnr fiosn which Mr. Jusixj Will B was noceegarily and happily fn Gyjierson^ wirlial very infiTior to that jT'^ntlonian, in echication, in taieiits and in legal kp.owU:dsxc. While strongly feeling' this injnry.your IMaj.-sty will, wo bosepc'i, heir our coniijlaint of the conduct of "the Hon. r.Ir. Justice Sherwood, wl;c, in the nbsotico of tlie Chief Justice, and of Mr. Jiistico Willis, proceeded alone to exercise all the powers of your Majopty's Court of King's Bench ; and yetabstain- pd fro'u offering any justification for siich aHsumption, for the satia- facf.iou of the Public, althousjh requested to jrive to the Bar hia ]t'2'il r?a!-ons for such a course. He had at i.hut time vacated his oirice, by absenting himself from the Province, without the leavo prescribed by law. We should omit ri matter of the first impori;anco to the hnfV/ r<^ndiict of our civil nlfiirs, did we forh'oar to mention to your Ma- jesty, with all the delicacy becoming us, wiien rofcrrinjr to the ex- ercise of your Royal Prerogative, the total inaptitude of tpiitary men, for civil rule in this Province. The almost constant absence of your Majesty's Roproecntafivft from the seat of Government, whore almost daily is required hiB assiduous superintendence over pidjlic afTdirs and public function?" rics — his total unacquainfanco with the inhabitants of tho country, with the exception of those whose oflicial occupations place theiii aiiout his person, whereby he can bo but ill-informed of 'sly, tiiiit yell will be graciously pleased to ros- Wi^ «■ 104 EriDE.vcE OF W. W . Baldwin, Esq. tore Mr. Justice Willis, to the honor&ble situation to which your Majesty had appointed him, and thus protect your Majesty's royal choice, your faithful Judge, and us, your loyal subjects, from the wrongs that arbitrary rule in the Provincial Authorities, unchecked, would assuredly inflict. And your Majesty's Petitioners as in duty bound will ever pray. W. W. BALDWIN, Chairman, ! POCTIMSUTS Al'PEiNDED TO THC SEVfiHTH REPORT OF THE Ztltti ^ommiiitt an Q^vM^nttUr No. 1. SlB, Government House, } Toronto, 18th March, 1835. S I am directed by the Lieutenant Governor to transniit 10 you for the information of the Coramitte* of the House of Assembly of which you are Chairman, the annexed copy of t coiniuuuication to the Secretary and Registrar of the Provino. I am. Sir, Your Obedient Servant, IV. L. Macke.mzie, Esq., Chairman Committee, House of Asstmhly. WM. ROWAN C'opr. Sir, No. 2. GovERNMEifx House, ) Toronto, IBth March, 1835.^ I am directed by the Lieutenant Governor to acquaint YOU, that if the Committee of the House of Assembly require ihe Omce Copies of the Blue Book for 1833 and 1834 to bs "ient to the House, you will comply with their request, or afford thorn such information as they may be desirous of obtaining. 'IMie Books, however, must be returned to your office at tha clois of the Session. I have, Sec. WM. ROWAN. The Hon. Dunca.-* Cameroic, t SrrnUuii S,- Registrar. $ vi^^ lOG ('ORRESPONDl.NrE. jNo. 5. Sir, fiErKETART'S Offirr, 'f Toronto, iI(t//» March, leO."). ^ I hiwe the honor to ncknowledge tlie rfrpipt of ynm letter of yesierdiiy's date, and in compliance with His K\crl|pncy tha Lieutenant (joveinor's command, and the request coiitainf)(4 in your letter, now send you by your Messenger, the oflice ci- pie» of the Blue Book for the years 183^3 and 1834. I have the honor to be, Sir, Your Most Obedient Iluii>ble Setv^int, I). CAMEROON. Sec'y £,- lirg To W. L. MACKExr.tr:, Esq. Chuirrhan of the Committee on Greivanccs. ifc. &;c. Sfc. :ut ihe/e are other de])arfments and persons which are not able to furnish the information ajiplied for, without beiiiq: allowed soine time to prepare it. 1 have procured for you the printed papers relative to Forsyth's ease, which as they do not belong to this office, 1 request may ba returned. J am, Mr, W T.. M Your .Most Obedient Servant, WM. KOWAX. r } •I K r.N7.ir, F.'q. ^ ke. &c. > PoriLATlOX, kc. 107 No> 5. Population of Upper Canada. The Official Account of the Population of Upper Canada, as returned to the Dritish Go? ernmeul in 1834, in the " IJJue iJook "is 321,90a The same authority for 1833, shews the Population in in tliat year to have been 296,544 The returns sent down to tlie House of Assembly of the the Population of Upper Canada for 1832, gave the uunil)er!j thus 260,992 The lilve returub for 1831, gave a sum total of - - - 234,671 No. 6 Upper Canada iniBitia. 'I'ho "l?hio Bjok" of 18:^3, returns (to Enrr^iM.]) 0! R (.'"mrr.-'fs of Mililia, 1754 i^tficcrs, l(j7'-2 intn-cOiuuiis.sniii d i)tli.;i.'rir, I6 lir^ii - iiit'ru, and 34,074 rank and filo, among wlium ure included 13 lioojie of cavulry and 5 companies of arlillery. The pama autliority for le34, returns to His Majesty's (jovPrn- mc"t, 03 Regiments of Militia, comprisino 1772 officers, 1610 non- I ommis.sioned officers, 62 drummers, and 86,055 rank and file. In tirs eilatemu'nt are included Id troops of cavalry, and 5 companies of artillery, both tlieue fo.cos being attached to Infantry Re- giments. No. 7. liands granted in Upper Canada. jTrom the Official Return to England, year 1833. fiOO grants of 100 acres and under for 40,8"29 acre* ;J8() t; rants of lUO acres and under, 500 acres for 83,277^ ac^ca 12 giautb exceeding 500 acres lor 10,081 acres Total 907 grants for 134,187^ acres Exi'lnsivf of thopc, three patents passed the great seal for grants to llie Canada Company for 55,932 acres. Of tlio ribove 134,187^ acres. 796 deeds for grants (in rontradis- tinctiou to latulBpurcliased) pasdedthe grealsealfor 121,559^ acres 63 d+!eds for Crown sales 5,741 do. 4i) del U.S for Clyrg-y Hdl.s 6,049 do. 2 de. dc for School suIcb 233 do^ rm m iiip ill , , .ill,., t .1. i 1'! ii i ' ! !l Ml y,ll;i 1 111! !i 108 La ND Grant*. 101 Clergy Reserve leases paaaed the great seal this year for 19,500 do. Among the grantees who had upwards of HAiii acres each f ranted to them tliis year, wo find the names of Wm. J. Kerr for 800 acres ; Arthur Gifford (Government Office) 800 acres; E. A. Walker 1,000 acres; VVni. Campbell 600; Chceseman Moo 800 ; James MuirheadOOO; Wm Phillips 600; F. Raynes fiOO ; Owca Richards 800 ; Elmes Steele 800 ; Jolm ThonipBon 800 ; Andrew Drew 680 acres. frauds granted in Lppei* Canada. From the original Return to England, year 1834. O'll g'-nnts of 100 acres and under 67,372 arret 431 grants of 100 to 000 acrets 92,81;') do. 28 grants over 500 acres 2-t,0:i() do, 1400 grants or deeds for 184,223 do. Other 5 grants or deeds for 52,311 do. fassed tl>e great seal to tiie Ciinada Company Also 96 Clergy Reserve leases fur 1S,3G4 do. have passed the great seal. Grants have pnsscd tlie great sral, commencing from tho year 1792 for 8,121,665^ do. Deeds have been given to the Canada Company for other 73r),S28i do. Total 8.857,494 acfPR " The total quantity of enrveyr'd lands rpinainiiig migranfe*] is 1,527,164 acres, exclusive of 302,420 ncros, given ovor to Col. Talbot for settjemont, no^ return of which has been mude to t lie Burveyor General." — Blue Bonk, 1834. Of "the grants over 500 acre?, made in 1834. thrre were fiOO acres to Wm. Allan ; 1200 to D. T. Broeff.-l ; 532 in M. RMrwcll ; 1000 to I. Biiclianar. ; 1(100 each to D. «Si R. Ciiiupbcli ; f (10 to D. Cameron; 800 to Eliz. CJlcnrli ; 800 to Henrv .loiios ; 1300 to ('. S. Monk: 1800 to TlinmtiP Nicliol ; 7H7 to \{m\. A. Piilnicr ; OiiO to T. Rolph ; 750 to Wm. Smart. The lands given over to Col. Tnlbot for pntfli>nKnf v.-r>rf rom- po;ed of 131,130 acn-R in ilie London Distr.ot, and 171,2!'0 acic* ill the WestiM'n District. No. n. ExTR-Vcrs t(tlni from fihtr. Hook- «[f f^i-J'i' duadLt, for 38IJO — ill En'tionJ. wr/vviw^ or lam)^ (;ka:;t!:i) i ;:n. 7? sr^iitp. f-irh uiiilcr ICi' Mrrcn ."i/f^ ^runtp. e:i'jh o\Pi 1'''' r.fK ■■ Acrrx. ?;,;ro A(jkiclltliu[- Pkodl( is. 109 GRANTS EXCEEDINC; oOO ACRES. (' . M. DcLotbinlcrc, A. C:ittMinc;li, I. v.. Slu-ek, . (r. l[ni)iilt(iii, TlioMius FiM.icr, /.. DuiTiham, iJiiinhnm, \^ (■; M'l'er. Vv'iiltfi- O'llarn, A'lilrew Uoiiaml ainl VVilltiim Roc Willi. >in yiiiilli. J*. Iliicliry, I?iolipy or Rtmcliey, l''inn('is ( 'oniiin, Cuiailu Company, /> gvaiiis, : .•)/! 1,01)0 mo 700 . HOO ] ,200 . i.',HOO 800 . i:-:m 1,700 . 800 HOO . 800 100,590 RETURN OF MILITIA,' 18G0. Rfsiinents organized, <>hicers, NDii-Commissioiiod Officers, l))-iu;imfrs, K;iiik ami File, 1.705 61 yo,o!);i Total. :v.l'.]sr, To Poctor ??irariiaii, rUissioiinry at Voik, iti lieu of doJapida- tions on his living. £225. Ktif|niry was made recctinj' the dolnpid:\tion monies of Dr. f^iiMcliaii, hut he woiild not ^ive the details, the Eienteuant G'n- vrmnr witliiiold all the Blue Jiooks previous to 18;];} from the H(in i [.)r>f ; 40 ,^o.) noiiied Cattle , J7,.\f)S'.J i^mM II. 11,1 11 ! wm 11,1, 110 Rkvkme Bala\cei. T/tr like Uctunis fur IH.'il art. Acres of r.;iiif? Jloisrs 4().:{Ul llonieil Ciitlle 172,074 Incrraso in mimucr of acics of ciillivatcd Lands, in 1831 ovcv 1&:W, only \\j>m. No. 10. Keveniie IS,()()() 313, lOR £ 2!),:{(i0 The state of the Receiver GrncraVx Chest is shewn hy the same reference. He liad on hand on tho 31st Dpccnibcr lf^31, a balance of wliat is tcri.icd rrovinciiil IN venue, e(|iial to C'2rt,2'J(i And of wliat is tcrnifd Casual and Territorial llovenue, 21,2.'}4 £]!),.'):>( I But I'lnd paid out of wliat i'* called llic Clergy fund, more than w.is en hand by ^>/'> I ^ Leaving a net Ijalance in bis hands of. X-J2,lHii") This \^ exelusivc of the Post Office Revenue, a balance of uhich is sent to lOn^l^uid, as sliewn in the second Report from thii Coninuttfco. No. 1 0. (a) RErnvEii GENnRAi/s Oifice, Toronlo, 2Slh Marrli lyy.j. Sir, 1 ]i:}\r fl;i; honor 'o piii;]o:'i^ you. a;:;n;eably to tlio re riMcrt ro!;tau;cd m vuur leller ut' tlio 'iiOlli in&tant, r'jceived v'cstci' Rkvk.mg. Ill tltv, n •tftteiDent nnd lU'signalion of tlio vftrloiia fundi in lh« R«- ecivvr CJcncrul'ti Otlicu. I Imvc tlic lionor to bo, Sir. Voiir most obmlicnt iJumlile SorvunN JOHN 11. DL'N?f. \V. Ti, MAfKHNZ'T, Esq., M . V. F., &.C. Hi-C. cVC. List of Public Fundi or Accounts lept hy the nteeivtr General. Fund A. — CJmwn Ri^vonuo nrising undor the Imperial Act 14ih " B. — Piovincial llcvcnuo under the control of the Lt-jiisUturt. Aoc't C. — An auxiliary account to Fund K. I'iind D. — Canada Company InstalmcntB. " E. — Clergy. it p. — An ali.vilinry to Cnnnal and Torrltorinl Rf>v#»riie. •' G. — Annnnl grant under 50lh Geo. 3d. Ub*oUif.. II. — Civil List annual volo. (^hmobte. I School Fund, auxiliary to Fund B. K. — Cii'-nn! and Territorial Revenue. L. — Lfiw Reporter uuxdiary to Fund B. \V. — War Losses, do do. ti ti i< It n .Receivtu GrNEnAi/s Officr, Toronto, 2Sth 1S35. JOHN II. DUNN. No. 10. (b.) HovsE OF Anftr.yim.r, Qlh April, 18G5. Sin, I am directed by the Committee on Grievances to rr- quest that you would send down a statement for its information of the ba'ances that are now in yourhand.s, on the followino- uuxiliary Funds, viz. C, F, I, and W, us also what bjilaneo ia now on Iiniid on Fund G, and what payments iiave been n.ade fiom that fund fijnce the last account wus sent iown to llie IJcmCj dated the 5-li ,^ Jj lif ■ " I i M m '^ .i ■ I M 112 Hevenle. of October 1831, at wliich time there appeals to have remahied on hand jCI.OUO 11 1|. I have the lienor to be, Sir Vour most obedient Humble Servant, VV. L. JMACKENZIE, Chainnan Com. on Grieiancet. To 'he Ilonorable The Receiver General, &c. «.Vc. &c. Sin, Toronto, 0th April, 1635. fn reply to your letter of this day's date roquirinof the balance on the 31st December la:?t, in accounts C and F, I beg leave to state ihat Fund C has no balance, it is a schedule contain- ing a detail return of all tlie fees, on grants of land under all regu- lations made by the EAccutive Council and incorporated in account K, (Casual and Territorial Revenue) to which account 1 beg to refer you to its credits. Account F has a balance of £540 3 45 (five hundred and forty pounds three shillings and four pence three furthinga) auxiliary, or connected with the Casual and Territorial Revenue. If it is the wish of the Committee to obtain the balances in the funda as tiiey at present stand, it will take some time to prepare — the expenditure is about jGiJO.OOO over the whole of the receipts to this period. I have the honor to be, Sir, Vour most obedient Rorvant, JOHN H. DUNN. To W. L. Mackenzie, Esq. Chairman, t-^c. c^c Grkianct Commutes. House of Assembi-y, lO/A April, 1935. ' On rcfcrrmg to the despatch of the Secretary of State, I nnd that the fullest information may be obtained of all Royal Re- venue. . .... i , ,, Vour letter is silent with respect to the inquiries made by the Committee as to the application of the balance which remained of FiukI G. after the last account was sent down to the House of Assembly, I think in 1832, the accounts then shew a balance but no subsequent account shews what became of it. Vour letter is also silent as to the balance now in your hanrle on ■^ -ntil W, (War Loeeee) and ai to what was don« with any balar.- Revenue. 113 CCS of npprcpr'mtiom to the War Lossefi, wliothsr from British or Colonial Revenues, whicli were not called for by the parties, and the amount of such balancoa. If j'ou caHiiot give Uie information required on these points it will gi'catly oblige me if you would in a letter to the Committea elate (hat U has been refused. I have the honor to ho^ Sir, Your most obmiiont fiervant, W. L. MACKENZ[K, Chairman Griexance CommiUee. Sir, Toronto, lOlli April, 1S35. In reply to your letter of this day's date I have tho lienor to acquaint you, that the balance alluded to in account C was transferred to Account A in October 1832, both of which fluids being applicable to the same objects, viz. " The Administra- tion of Justice and Support of Civil Government," and which be- came obsolete by the act granting certain permanent salaries — Finid C has therefore no balance, and account A has been furnish- ed to the Honorable the House of Assembly. The present balance in VV (War Losses) amounts to about JC300 (three hundred pounds) and there still remains to bo paid to tho sulforers, on the last dividend about £3,000. The balance wluch remained on the two first dividends, waa paid some years ago into the military chest by order of tho Rio-ht ilonorable the Lords Commissioners of His Majesty's Treasury? I have the honor to be, Sir, Your most obedient Serx'ant, JOHN H. DUNN. To W. L. Mackenzik, Esq, Chairman Grievance CommiUee. No. II. Revenue l>alanccs per Pulilic Aceouails. On the 31st December last, there was in tiie hands of the Re- jeivcr General, of the seven;! funds under his charge — Fund A. — Revenue arising under the Lnperial Act, 14th Geo. 3d £1,108 17 Fund B. — Ordinary revenue . . . 23,771 " D. — Canada Company's Instalments ) o- n^" l- « " K.— Casual and Territorial Revenue S *'■'''-'' ^ ^"^ ^ In the hands of the lion. P. Robinson, of Ciorgy Reserve fund ' • ! t ^802 6 Ill Revenui;:. And a balance of proceeds of debentures trans- milled to Eritrbiiid undrawn for, wiih prem- ium thereon at (J per cent 2n.G07 X DO, 407 a fi mg m' ii :'i! M A. 'E No. 12. Tabt.3 of salaries, fees and cmnhimrnts ichkh liave hcenpald out of revenues raised from the people oflppi^r Canada. Tlie names distinguished by a star prefixed are those \vh03a returns of income are selected by the committee from the IJlue Cook for loJ4. Tear 1834. Sir .TohnColbornc, Lieutenant Governor [over & above his income from England] .... *\Vm. Rowan, Private Secretary to do. salary £208, fees £000 ^Edward !\JcMahon, Chief Clerk's salary . ♦Arthur Giflord, 2nd Clcrkf Government Oflico . *.[anios .McDone!!, ;]d do. do. *John Henry Dunn, llcccivcr General, salaries and agen- cy of revenues ....... *ri. Tur(|uan(l, l".t Clerk to do *\Valtcr IJoro, 2tl do. to do. ..... *S. 1*. llurdi Surveyor General, salary and fees, add as by his own account in evidence .... *rcter Robinson, iii'nrveyor General £555, Crown Land Commissioner £555, Executive Councillor j£l 1 1, C'jmmis-'sioner for .sale of Clergy Reserves £500 Thomas Mcrritt. [name left out ofthe Uluo IJook for 34.] ''J. G. Chewett, Draftsman in Suiveyor General's Office, salary ........ *.T. Radenhurst, 1st Clerk in *G. C. Ridout, 2d do. *\Vm. Spragge, extra do. *J. Caldwell do. do. m in in do. do. do. £4,9.-3 803 278 200 l(j(3 1144 250 2U0 742 1721 300 5on 250 1G6 t Purser, Half Pay, Royal Navy. X His salary was aupposed to bo only jC300 sterling, with nn nllow- anco in lieu of fccfj, i)ut it ycoma tlujt last3'car an order cumo from EnUU *A tcnij>(jrarv successor to the late MatUiRw Henderson, .'Jrd Clerk Crown Lands Office, (Ic<;j:} £150) . 200 -KduardUccston, 4d] Clerk do. (ie:« £150) . . 200 *l)'Arcy JJouIton, Auditor Ceneral, [no duties, no sala- ry, was a sinecure of i.'^i4lj value ill ld33] Master in ("hancery Legislative Council .... .'30 'IJoberr Stanton, Governinent Printer, fees . . 370 I It is probable this ofiice is worth £1000.] *Charles Shirreff, Collector of Crown Land Timber, (lues at IJytown £270, and £00 to his Clerk . . 3G0 [A very small portion of Mr. ShirrelPs income is fiom Lower , iliac la.l (jeorilo 11. ?ir,irkland. Inspector General, £G72 — Exe- cutive Councillor £111 . . . . . 783 [His Hillary was £8().> by the Provincial Act but an order in Comuil, or (perhap-) from England, has increased it.] .!aii!cs Nation, his fust Clerk ..... l.';iymond IJaby, his second Clerk .... Ihuican Cameron, Secretary and llegistrar, Salary £333, permanent addition £707 ...... S. P. .larvis, Deputy to Do. £200, Clerk of the Crown in Chancery <£7.) ....... .John Strachan, President of the Executive Council, £1 n, (President of King's Collef.";e £278, not receiv- ed) Archdeacon of York, £u",'] ; Rector of Toronto, £.5;"j.":| ......... [!!is sahn-y as President of King's College ^ in abey- aiice .] .Toseph 'Wells, Executive Councillor, ,£l l|*, Registrat- and ISurtar of King's Ci 'fge £300 [Journal of 1 "-"^.l -2. jiagc' 1.-^1 of the Aj)p dix.], '.)i)hn F,eikii' 250 200 1040 275 1006 411 lit £07o 1' Land.i. Clerk. I'^eoitiv. Council £222 Salary; ces ; £'222 in lieu > ' Tees on Patents on "W. H. Lee, First Clerk to Dc 72S -)0 n \la. ne:- Stanton, Second Do. to Di Hugh CarlVae, Doorkeeper to Legislative and Exccu- live Councils. 200 53 T A ]y,ut of t!i.? yo-ir bis place was supplied hy Mv. James Ilcnder- roii, Air. ILuiicsiiDW fib."}.')] iioltlsonly tiie latter ollico. t 1» a;<|i;iaf,s l)t' bis evidonno lliat tiin Brilisb Cidvcrniiient have ■'o;,t Ills .s:ilavy of £'M\, as Prosidcnt of tbo Hoard of Education, ii'itl be iiKMili .iij tliat liiu salary as I'rcfidout of Kiiig's; Colle>je is not iot^iscil, 4 .■'^' 116 Salaries. *Jo!in C Robinson, Speaker Legislative Council, SnLn- ry '100/. ; Chief Justice King's liencli, f^nlary HjGCI JC20GG [In 18?i3 his income as Speaker of the Council was only 200/., now it is -!(H)./.] *0'!?»nt Powell, Clerk, Legislative Council, Salary 200/. Allowance extra as do. 200/. ; Official Principal Court of I'rohatc, .'55/. ; .Tuclge Home District Court, fees ;_5!!0/ .' 835 [Described in Jilue Book, 18':]3, as a half-pay Sur- geon.] ^Stephen Jarvis. Usher Black Rod L. C 50 [.\lso half-pay Cornet of Dragoons.] *Th(.mas Phil!i])s, Chaplain L. C. 50/. ; Master Home ]^istrict School 100/ 150 [Also his pay as a Minister of the Church of Eng- land.] ♦Archibald M'T;istrar of Storniont and Dundass - l.'}2 Registrar Surrogate Court II 401 [Mr. iM'Lean is also Captain on half-pay, late Incnr- ])orated Militia, 142/. Mr. Bidwell has succeeded him as Speaker.] *Jamcs Fitzgibbon, Clerk. House of Asspiiibly, Salary 200/.; /allowance 200; Registrar Court of Pro- bate, Cr^l if]S *David A. M'^S'ab, Sergeant at Arms, House of Assem- bly, Salary, 50/.; Allowance, 100; Registrar of Wentworth. 110/ ." 2^0 *llenry Rnttan, Sheriff, IVewca'iile District, fees 1010 [Foes in l!:^3'5, 1180/. has also 4,9. sterling, per day, ns lr,df-])ay Lieutenant, incorporated iMilitia.] *\V. B. .larvi*. Sheriff Home District, Fees 550 [It is scarcidy ])robable that the fees of the Siieriff of the Home District do not far exceed .550/., Iiut wc give his own return.] The Ottawa Sherilf died in Februarv, 1835. *J. A. H. Powell, Sheri/r, Bathurst District (fees, 1?3.1, « ;i)0/.) 0.40 *Donald i^l'DoncU, M. P. P., Sheriff, Eastern District, Fees ,^;,n *Adiel Sherwood, Slieritf, .lohnstown District, fees ;!00/. JJOO [Also Treasurer of that District.] Richard Bidlock, Sherill'. Prince Edward District, fees 2n!» John iM'Lf^an, Siwriff. Midland District, fees ;U)0 Alexander llainillon. Sln'rilf. A'iaunra District, fees. . , ITiO' [Mr. H. i> also Post Master ol ctor of Customs Revenue at Fort F^iie unknown [He has fee^, and one third of the seizures, which tliough very considerable, we have not exactly ascer- laiaeU.] AssfiM. No. 21. vr iia Salarh:^^, &LC. i'!'" ^ 130 SO 105 115 170 58 50 !);3 ♦Will. II. Mtiiitt, Collector of ("ualoiiis, D;(llion..;ie,. , XlOO [The IJlue Book says lie has no other olficc, altho' he is J*ostmaster at St. Catharines. He has resigned the Collectorship siiiee the comiiienceineiit of the pre- «cnt sessiwi, but it has not been given to another, he is President of the Welland Canal Company at £ .] *Thoiiias McCormick, Collector of Customs, Niagara, [Mi. IM. has also an income as agent to the Bank of Upper Canada.] *(«eorge Ryerse, Collector, Dover, ♦William B. Shechan, do. do *John Bostwick, do. Port Stanley, *Malilon Burwcll, do. Port Talbot, (o)— Regis- trar of Middlesex, *Francis Caldwell, (M.P.P. for Essex) Collector of Cus- toms for Aiiiherstburgh, *John Burwell, do. do. Port Burwell, - - *Thoinas G. Anderson, do. do. Penetanguishene, G81. Postmaster of do. 25/. [Mr. Anderson's 3rd oftice is that of a superintendent of the Indian Department, but it is paid out of the mili- tary chest, 241/.] There are also the Collcctorships of the Customs for the Ports of River Raisin (John Cameron) ; Miiitland (Alex'r. McQueen); Brockvillc (Richard D. Frascr); Johnstown (John Webster); Gananoque (Ephraim Web- ster); Newcastle (B. McMahon); Cobourg (Allan II. McLean) ; Windsor (Henry Boys) ; Chippawa (R. Kirl<,- patrick) ; Qucenston (Robert Grant) ; Goderich (Jolyi Gait) ; the gross value of which, on an average of three years, with the share of one third of the seizures, we have estimated at about G50 ''R. P. Ilotham, Clerk of the Peace, Ottawa District, 144/. ; Registrar of do. HG/. ; (Registrar of Surro- gate Court), 230 ■''Walter Cameron, Registrar of Glengarry, - - - - 50 *George T. Burk, do. of Lanark, (J4 *Alex. McMillan, do. of Carleton, - - - , (\7 [Also half-pay captain Glengarry Fenciblcs, 142/.] JohnPatton, Emigrant Agent /.unknown; Regis- trar of Grenville, 152/. -------- L')2 *Danicl Jones, Registrar of Leeds, ------ XJio [Incorrectly described in the official return to Eng- land, as Judge of the Eastern District Court.] *Allan McLean, Registrar, Prince Edward, 94/. ; do. Midland District, 214/. 308 '''George Strange Boulton, Northumberland, Registrar of Deeds, &c. - 223 *Thoinas Ward, Registrar for Durham, 170/.; Clerk of the Peace, Newcastle District, 150/.; Surrogate Judge, do. 5/. - . 325 *Saniuel Ridout, Registrar, County of York, 500/.; Agent to the Land Granting Department (Sinecure) 232/ ...,..-... 70.5 l'% . ;!' Hai.aries. & c. 119 ^(Jooige Lount, Siiiuoc, Regi^ltl;ll of Deeds, - - - ^^Tliomns llacey, llaltoii, do. do. - - - *Joha Lyons, Ucgistnir of Lincoln ;ind Ilaldiniand, - - James Ingo- oil, Registrar for Oxford, fncs not known, ^Francis L. Walsh, Registrar of Norfolk, (!()/. ; do. Sur- rogate Court, 81. lOs. ; Postmaster of Vittoria, 47s. *Jamcs Askin, Registrar, Essex, 59/. ; Registrar >S ar- rogate Court, Western District, 321. . - . . ^William Jones, Registrar of Kent, [Assistant Superintendent Indian Department 1231.] *James Jcssup, Clerk of tlio I'eaee, Jolmslown District, f *E> H. Reade, Clerk of the Peace, Bathurst District, [Mr. Reade is on half-pay as an Apothecary in the army at 5s. sterling per day.] *David L. Fairfield, Clerk of the Peace, Prince Edward, *J. Nichols, do. do. Midland, - - *Simon Washburn, do. do. lIonie,f - - do. do. Niagara, - - do. do. (rore, - - - do. do. London, 209/. Clerk, London District Court, 78/. Charles Askin, Clerk of the Peace, Western District, 120/. ; Clerk, Western District Court, 25/. - - - ''Eleven other District Sclioolmastersi, besides Dr. Phil- lips, salaries each 100/. [One of the schoolmasters. Dr. Phillips, is chaplain 10 Legislative Council; an( thcr is church of England Missionary at Sandwich. 111/., and a thir Lower Canada, wiiicii owing to tlic spirited resistance of (he House of Assendily tlicre, may possibly liavc been withdrawn, unci thrown upon us under the pica of extra services.] COLONEL TALBOT. This gcnilenian was the Private Secretary to one of the 1/ieiitenant Governors of Upper Canada, and alu.rwards t'ot •■]02,4:;^0 acres of land (472^ square miles) to settle in the Loudon and Western Districts. How he has settled it, or what he has done with the monies he received, is not known at tiie Surveyor General's ollice, but he has received a jien- sion or allowance of JC444 a year, out of the j)rocecds of our inihlic lands sold to the Canada Company, and has obtained ahoady from that source, nine years' pension, or £4,000. Some information on this head is promised by His Excellen- cy, in answer to an address reported by this Committee. Pensions for 1834, paif^ out of the Provincial Rcvemir- without authority of Law. lion. W. D. Powell, at £1,111 per annum, (dicd^ this year.) i Sir W. Campbell, at /<, 1,333 per annum (died this! year.) > £1,540 D'Arcy Boulton, at £,.555 per annum (died this\ year. John McGill, at j£"500 per annum, (died this ycar)^ Captain \V. Jarvie, Incorporated Militia. , . » 115 riieutenant Dani(4 M'Dougall, Do ., 81 Thomas Talbot, Port Talbot 444 Sir D. W. Smith, xNorthumberland, England 222 (ionoral Shaw's fumily .' Ill Wni. Chowett, laie Al ting Surveyor General. . .... 400 No. 14. Arciitlcacon ^traelian^s Iiicoiue. Tlie amount of cash received by Archdeacon Slrachan liom the 1st day of January, 1826, to the preicnt time out 5:> '. ? 'f 'pi j'iku )'3& m. I- i;Sri ';!t" I' ■■ ':)}' ■%'m t ii'lll ':,!, .0':t', I ''mm i ^ 1 ii III ^ ilil 124 Pensions . of the public rcvouuo of ttiis Culony so fur as we have beeu able to truce it from nny oflaciul source is as follows : — Seven and a half years President of the Board of Education, at Zi.300 to 1st of July, 1833 £2,250 Eight years Archdeacon of York at ii.333 13s. 4d... 2,700 Nine years an Executive Councillor at Z.lll 999 He received out of the Clergy Reserve rents on ac- count of the expenses of his first journey to London on behalf of the Clergy 350 Tn 1833 and 1834 it appears that he received X..152 IDs. each year, as *' a Minister of the Church of • England," (see sess. papers No. 5, p. 20.) 305 Since 1831, the gaol ground, Toronto, has let for Z«.150 per annum, 3 years (see sess. papers, No. 5, p.21.) 450 " The Small Strip Rents," Toronto, for L.57 10s. 3 years 172 The other acre being part of what was formerly tho Hospital Square, Toronto, for Z.IOO — 3 years, (see sess. papers, p. 21, No. 5.) 300 Annual value of the Archdeacon*s Glebe Lots in the Township of York, 1,000 acres, estimat- ed at an average value of Zi 50 per annum, for Aioe years 450 £7,976 Ci.8» paid him for hit joumty to Ertgland from the Fund of King^4 College. • * C«$h in full," being for his expenses incur- red on a journey to and from England, and •ighteen mouths detention there, at tho in- stance of the Secretary of State L.67S 6«. 9d. (with interest) is (See Jot/rnaZ 1831-S, ^181 of Appendix,) iC7it Ifi t CmH, being for the moiety of his expencos in- curred, in a journey to and from Englaad, ** and eighteca months' detention there at the instance of the Secretary of State, while engaged in soliciting from His Majesty's Government the Charter of King's College, and attending to the aflairs of the Established Church." (See his Letter sent downto the House this Sess., Sess. Paper, No. 5,p.22.) 678 6 S Cash paid him for settling the terms of agree- ment with the (Canada) Company when i* Dr. STRA.CHA>«'i I.^COMe. 125 LonJou ia 1827 860 [This ii tho return maJe by ilie Receiver Goiierul to the Government here, and sinc« placed before the House of Commons. Dr. Strach.300 1828, estimated at 300 1829, 30, 31, to 27th April 1832 673 Part of 1832 estimated at 400 1S33 estimated at...-. 300 J834 556 2,358 :i mm Total from Provincial Funds /<.38,524 No. 16. The Income of Major General Sir John Colhome, in 1334, from all Public sources, is thus stated in the JBlue Book : — Salary Z<.3,333 " Allowed L.555 per annum in lieu of pay and al- lowances as Major General on the Staff; out of the Revenue raised from the people of Upper Canada 555 Full pay as a Lieutenant Colonel 345 His pension. • ^'^* Payments. 127 His share of seizures in the Colony, under the 6th Geo. 4th, ch. 114 565 House and OHiccs, estimated per annum. < . 500 Income in 1834.... Z..5,631 Until 1827, the Snhry of the Lieutenant Governor was paid in England by vote of the Imperial Parliament, and ai he is, in fact, the Agent of the Colonial Office, the Province ought not to be obliged to pay him LAfiOO per annum. No. 17. Payments to the Honourabh Peter Robinson^ since Juhj, 1827. Eight years an Executive Councillor at Z.lll.... Z.888 Seven and a half years, additional " Surveyor Gen- eral" at/..555 4,162 Seven and a half years, Commissioner Crown Lnuds at Z.555 4,162 Six and three quarter years Commissioner for the sale of Clergy Reserves at L.oOO per annum . . 3,375 £.12,587 And there may have been other payments. ^%hL ■ No. 13. Pa/ments to the Honourable Duncan Cameron, Secretary and Registrar, since 1st of January, 1827. Seven years' Salary from Canada Company's payments, at Z.333 to 1834 £2,331 Seven years' Commutation in lieu of Fees,. ., 5,000 [Tlio oflicers of the Land Granting Depart- ment received a commutation in lieu of Fees for seven years up to the 1st of January, 1834. They now receivo no fees, with the exception of the Hon. D. Cameron, Secretary, to whom an annual allowance of X,700 (/<.636 lis. 4d. st^rlins;) is ordered by the Secretary of State f'>T the Colonics, out of the Revenue raised in J- ■^p SSBBSSES i1-^ r 4 ;^ w l|!l ii'iiiilli! r ' 1 iM't m 'U ■.rii %^'% iilS i2n Paymcivts. the Province, on account of lii« disbursement* for Stationary for the various Patents mado out in the course of the year, and furnished by hira. See Blue Book, page 11, 1834.] Salary for 1834 .133 Allowance for 1834 700 Mr. Cameron's oflue is, to him almost a sine- cure, worth Z,.1000 and upwards. He is al- lowed a Deputy, Mr. 8. P. Jarvis, who is paid by the Colony, l»} vote of the Logislature, L.200 a year, fordoing the work for which his Principal is again paid Zi.lOOO. In the Journal of Assembly for 1831, page 117, there is an item of additional foes, for preparing " Special Instruments," , 258 12 £8,024 12 And it appears within the last eighteen months, the Exo- eutive Council have audited h's claim to several hundred pounds more as extra fees, mthin the last two years. No. 10. PATMENTi to tlie. ITonnwahlr, John fl. Dunn., Ueccivcr Gene' ral, since the 1st of Januari/, 1827. Eight years as Receiver General of the Public monies, not under the public control, paid out of the Canada Company'* Revenue at /..222 £1 ,77G Eight years charge to the public for reciving and paying out that part of the public revenue not under its control, which accrues from the Ca- nada Company 1775 (This was a sinecure fornmrly held by a Mr. \V. Dacrcs Adams, under the title of .Agent for the Co- lory.) A parliamentary grant in 1833 6C0 3 per cent, on Provincial Revenue, 1827 930 3 do. iU do. 1828 1,248 3 do. (In. do. 1829 983 3 do. do. do. 1830 1,118 Four years' second Salary from Public Revenue "t /..777 per annum, for 1S31, IS32, 1833, ^rA 183t 3,09^ Amount ia Piglit } •'a»'< of the Rrroivmr Opnerai** Paid Clerot. 129 It npp^ars that /#.1776 of this racney nrisei from tlie very objectionable mode of paying public officers by a sinecure ; that is, an office with no duties attached. Mr. Dunn's In- rome, as a whole, however, is lower than that of officers hat- ing far less imi)ortant duties to fulfil. No. 20. Clbrgy paid hij Gnrcrnmrnt, iintJioiit the rnnsent, and in ojh- position to the wishes of the House of Assembly, The official returns made up at the office of the HonorabI* Duncan Cameron, Secretary of the Colony, exhibit the fol- lowing amounts of payments in cash to the Clergy of Upper Canada during the last three years, from funds raised from th« people of the colony : — Inl832,tothe Clergy £5,438 In 1833, to do 19,719 In 1834, to do 14,67S Also, in 1834, to Methodists, omitted in the Blue Book, by error 611 £40,441 The official details of iho expenditure for 1833 and 1834, no far as they could be obtained, will be found in the statement* nent down to this Committee by order of His Excellency on the 2d of April instant, all which are hereto annexed. '■J'i No- 21. SIB. GovruMMBNT HOVHI, ) Toronio, 2d April 1885. S With reference to your letter of the 28t.h ultimo, I am •Irectcd by the Lieutenant Governor to transmit for the iufurm&« tion of the Committee on Gru-'vances, tiie accompanying locumenla rnialing to tlie puymciits rnnde to IIih Clertry rf vaiioiie Churches, wid also lor trectmcr and lojiauing i^hces ol divuie worahip for iii« years IH33 find 18;;^ I. An eX()lnniifnfy letter from the Inspector G'^neral, reppectingthft fn me to m'^nfnn, that the comm',tt«« wiU Is"- •■»^ s n :i m. :; Hi 3Ai ..» « 130 Paid Clergy. observe from tlie accounts furnialied by the Receiver General, that haJf yearly statements are transmitted by the llocoiver GeMiersI tlifoiitrh the LieutfMiant Governor, to the Secretary of State, of thd receipts and expenditures of the Crown fteaKies; Rc/TrfkiMXi.. . I have the Jionorto bo Sir, Your obedient servant, Wm. rowan. W. L. Mackrnzik, Esq. Ciiairmin of the Com- ) mittee on Grievances, House of Asuembly. i No. 22. Extrnrt. of a Dcfpotch from the Secretary of State for the Coloni:i to the Lmdenant Oovernor Dated, Downing Street, ) 27th. January 1^34. J " And coiisidorin copies of nddreoses to His Excellency on the tiii!iject of appropriation made from tho funds of the Casiiai and 'I'erritoridl Revenue, (to. to the vorions di^noniinations of «Jii;ri;y, and for bnilding Cnurchc", &.c. for the years lS.i3 and Ih^^.M— 1 hiive the honor to state for his Excellency's inforin'i'iun, '!!at tho nccouuts already furnished viil siiew tiie tnuis paid u ilii all iha information in my power to o.T.ird. In order thcrofort, that it may bi more clearly understood, I bejr t!> enclose statoiivits of the amounts paid by me under hi.s Excelhvi.jy's warrt.nt?, iiutliorieed by his Majesty's Government in England during those two years, toge- ther with copies of such lists of ihc Clergymen of such denomina- tioii; I >'^ for building Ciiuiches. As iiis Excellency do-ire'^ me to r.^p.> ' \\\\ T 'inv- • n ri-i.''' <=d the accounts apphed for agroeahlj- lo liic juidrcris m' (.i-e < i,uiin"i!.« House of Assembly, I have to remark, that I forwarde of February last, a full and complete set of account.^ of and Territorial Revenue, tog^^thor with the instaiin i.lo from the Canada Company, from the years 1827 to 1832 inclusive, — and the Assembly were furnished prf^vionely with a statement of those funds for 1833 and 1834. — Tho warrants issued by his Excellency for and on account of the Catholic Clergy have always been in favor of tha Bishop, and paid in one sum to that gentleman, with the particu- lars I am not acquainted, nor am I informed of the number of Cler- pyinen who participate in the same — all public money of every discription is taken from the Receiver Gonei-nl by warrants, whose duty it is to see that the demands are duly i.M.horized, — and when the money is paid to tho parties named in tho warrants, the Re.. ceiver General has nothing more to do with tlie transaction, but to obtain such vouchers as will enable him to prove the payments and Ratisfy the rigid examination of the Board of 4udit in London. I can assure His Excellency that there is no desire to withhold any informaion required from the department entrusted to me, and i have ahva^. ^ used every exertion, with the a.ssii^tance in my office, to compile from the Public Accounts as much informatioii, and to sup. ply statements, &c. with as much ex;)edition and accuracy as la iny power, and circumstances admit of. I have the honor toba Sir, Your most obedient Humble servant '"'o Lt. rofopffl flnwjn, i Civil Ki'cretfiry '> &c, &c. &c. S :OHN n. DUNN. Pi f n ^mmmmmmm :,,!:pi|il 132 Paid CLSRor. No. 2S. Statement of Payments made to the Clergy and Churches of different denominations in Upper Canada under War- rants of His Excellency the Lieutenant Governor^ during the year 1833. To WHOM PAID AND BY WHAT AUTHORITY, &(' To the Hon. and Rov. J. Strachan, D.D. his salary as Archdeacon of York, for the 12 montlis end- ing SOtli June, 1833, authorizeii by the Riglit Hon. The Lords Commissioners of f lis Majesty'?- Treasury, 31st Aue;ust, 1827. To the Rev. Geo. O'Kill Stewari, bis salary as Archdeacon of Kingston, for the like period, find under same authority,... . To ditto ditto, as one of the Cler- gy of the established church for the like period, To paid into the hands of the Hon. Geo. H. Markland, as Secretary of the Clergy Corporation, be- ing the amount rf rhe appropri- ation, in aid of the support of the ministers of the Church of England in this Province, au thorised by Lord Goderich's despatch of the 5th April, 1832, To paid to the ministers of the Church of England, beinsr the annual appropriation in aid of their support, authorised as a hove mentioned, up to the 30(b «f (irj6f xooO| • «•<•••••«••••••• To paid Roswell Mount, Esq. on account of erecting a house and preparing a Glebe for ihr occu- pation of the incumbent of the Township of Adelaide, aiitho- risfd by His Excellency the Lt, Governor and Council,. ...... I'rovincinl rUirrPiicN Dollars a Tm. eacli. RefureikC*. d. 333 fi 8 333 6 8 111 2 2 3888 17 9J 36«0 11 li JO VidtLiti A. Paid Clergy. 133 _ . , iProvincial CurroncvJ To WHOM PAID AND BV WHAT AUTHORITY, &C. j,„n^,, „ 5,. 3^^^. Eofercn«B«. To the Rev. Saltern Givins, to aid in erecting a parsonage house in the Moliawk Indian Tract in thcj Bay of Quinte, 100 Salary to the Roman Catholic Bi- shop, for the year ending 30th June, 1833, authorised hy the Lords Commissioners of His Majesty's Treasury, 31 st Aug't 1327, ". I 555 11 1|, Allowance to ministers of the esta- blished church of Scotland in this Province, for the 12 months' ending 30th June, 1S33, pursu-j ant to Lord Godcrich's despatchi of 23rd May, 1831 ' 1205 Allowance to the Roman Catholic priesthood paid in gross to thoR. Catholic Bishop as per warrant, for the like period — Lords of the Treasury, 31st August, 1827,. Snlary to the Rev. Wm. Bell, Pres- byterian minister, at the Rideau Settlement, for the like period, nuthorised hy the Lords of the Treasury', IGth Jan. 1818,. , . . Iloiise rent to his lordship tlic Bi- ^'iiop of Quebec, for the like pe- riod, pursuant to Sir Geo. Mur- ray's despatch of 25th January, 1830, ".. 200 Allowance to ministers of the Uni- ted Presbyterian Synod of Up- per Canada, for tiie h year end- ing 30ili June, 1833, authorized by despatch from His Majesty's Secretary of Stale for the Co- lonies,./. 38S 17 8 To paid Thos. G. Pidout, Esquire, Casiiicr of the Bank of L^pper Canada, to be paid to the cre- nitof Messrs. Haslopeand Mars- den for the missionary purposes of the Wesleyan Methodist So- Assr.M. No. 21. X 1111 2 2^1 111 2 2h ■ c — si 1 l'-''i 134 Paid Clergy. . . . . Pfiivincinl Currency, _ , 10 WHOM PAID AND BY WHAT AUTHORITY, &c. Dollar ^ 53. each. Reforencoi ciety, authorised hy His Majes- ty's Government to be expended in building VVcsleyan Methodist Chapels in this Province, To paid the Rev. John Machar, Moderator of the Presbyterian Synod of Canada, authorised l)y His Majesty's Government to bo expei.ded in buildinj^ Pres- byicrian chorciies in this Pro- vince, To paid John Willson, Esrjiiirc, in behalf of the Canadian Wos- leyan Methodists' Conference, being the sum aiithovised by His Majesty's Government to be ap- plied to erecting churches and chapels for the Canadian VVcs- leyan Methodists in this Pro- vince, To sundry persons, beins portions of the allowance of His Majes- ty's Government to be expended on Roman Catholic churches and chapels in this Province as per Schedule, s. d. 1000 1000 666 13 4 -D.- 823 6 8 JOHN H. DUiNN, If. G. Heeciver GeneraVs Office, 31st March, 1835. In the Public Accounts of 1833, there is a charge for sa- lary to the Bishop of Quebec. It has since been refunded by the' Bishop and re-crcdited in the Public Accounts in the year 1834— consequently that charge is omit'cd in iJiis statement. JOHN H. DUNN. Church of England. So. 26. 135 wis ^..,_ A. List o/ /Ac Clergy of the Ciiuucu or England in the Pro* vincc of Upper Canada 1st July 1833. Adolphustowr, .. Ainherstburgh, Ancaster, Bath, Beckwith, Bellville BrocUville, Carrying Place, Cavati, Chatham, Chippewa, Cobourjs;, Corneal!, Fort Erie, Grimsby, Haliowell, Kingston, Loiulon, Hamilton, Markham & V'aughan, . . . Matilda, Niagara, Oxford, Perth, Cavan, Port Hope, Prescott, Richmond, St. Catharines, St. Thomas, Toronto, Williamsburg, Woodhoiise, Yonge, York, Mohawks Sandwich, Osnabruck, Thornhilll, Guelph, Adelaide, March &. Huntlev, £ £ a. 50 10!) 100 50 100 100 100 100 50 100 100 100 100 100 100 100 50 05 100 65 50 100 100 100 100 100 100 100 100 j 100 I 75 1 75 I 100 100 i 137 100 I 50 ! 50 25 ; 25 50 I 25 '3.102 10 10 Job Deacon. Romaine Ilolph. John Miller. John Houghton. Richard Ilarte. Thomas Cambell. Wiiliam (Jranuing. John Grier. Joseph Thompson.- Thomas IVlorley. William Leeming. Alex. N. Bcthune. George Archbold. John Anderson. George R. F. Grout. Wm. Macauiay. Archdeacon Stewart. IJenjainin Cronyn. Ralph Leeming. W. T. JMayerhoffcr. B. Lindsay. Thomas Cteeu, Henry Patton. Michael Harris. Samuel Armour. James Goghlara. Robert Blakey. Robert Short. James Clarko, Mark Burnham. James McGrath» J. G. Weagant. Francis Evans. Rossington Elms. Archdeacon Strachan, Saltern Givins. Wm. Johnson. F. Mack. G. M. Mortimer. Arthur Palmer. Doniinick Blake. James Padfield. equal to i;3,880 U 1^ Currency. , I " f^ 'Ifwr ri. ■(' ay , 5; Wm:f^ ill' III, im :;i 1 fi 136 o Ox Jj CO o o »*• S" ^T CiiLRcH OF Scotland. w'< O O CT CO \> Vt* --^ ws*- WW WW w * WW W— WW *" WW WW CI CI C^ Cn Ca iii O CT CA trt C V\ Vt C?" ^ o , w w _^ cc cc c; c^ ic o; i^ Ji. cu: cc c: a v\ v^( wT c; t?< wT «»i wi ti i-i ti wi wt ii 1^ ^•>»>l |HiituuiK«K«*Wop«<*l«ii« ^wi*^l«Mi « i; nc c; i; ; cc ic i: ;.; :c cc c cc CO . {>- I*- I5»-. C>- tC;- UV- K>. I>» (. ^3 S en *• r» kl» ^ ^ t-X; N 0. •n. ( B ) ^ 1 u n i-» ■!• . •' El •-% £- s £. £. < r^ ? S' r 5 S 2 =- 1 •^ "< -r ° 1 '/I ft «-♦■ =1 d r^ ~ C! 1 « - a 3 a jn 1-^ ft) c r a 2 -'11 = < > a S m >• r/l en c 9r to i >5: 1 C 1 2. D ai; < _ C w r 2 ?. 5 a^ CP TT :r c- 1 1 1 1 ■ 1 I 1 1 1 J 1 1 I 1 1 c 3 t t 1 i 1 I 1 c 1 1 1 1 I 1 1 1 1 I 1 1 1 S' ? Si. ^ '" s -~ 1 1 1 1 1 1 ^ 1 1111 till 1 1 1 1 1 t 1 1 I ( - (t # 3 3 = "^ w 1 ~ I 1 1 1 1 1 f 1 1 1 1 1 1 1 1 1 1 'J! til a> I (/J ^ t?3 Co" :&> (^ s f s ^ I c; Pnii-^nYTEniANs Sc Roman Catholics. 137 (/J "^ t^ PS O ^ ^ c; No. 28. c. Ll3T of CIcrgi/of the United Presbyterian Si/nod of Upper Canada — Januari/ fa June 18;iJ. Namks. St.\tio>s. l9t JCLT 1833. Sterling. £ S. (I. 1 he Kcv. P. Fcri^U'^nn, Esqucsing, 31 16 Andrew Hell. Toronto Townsmp 31 llJ Duncan McMillan, Caiedon, 31 16 Wni. King, Nelson, 31 16 Robert Hoyd, Prescott, 31 16 Robert Lyle, Osnabrucli, 31 IG (ieo. Rucliannan, IJeckwith, 31 16 John Ikyning, IMount Pleasant, 31 16 Win. Smart, Rrockvillc, 31 16 Robert McDowall, I'redericUsburgh, 31 16 John (jcmniill, Lanark, Total jC 31 16 340 >1) 10} Equal to JL'J -'b IT d Cuiiency No. 29. D. Schedule of Monies paid to Roman Catholic Churches out of the sum authorised by His Majesty'' s O'lu'crmiient to be expended on Roman Catholic churches and chapels i)i thit Province, during the year 1833. To WHOM PAID. SITUATIONS OF THK CHL'KtJIES, Sic. Sterling. The Rov. Edw'd Gordon, Trustee,: Mr. Timothy O'Connor, do... Alex'r McDonell, Esq.,.. ..do... John Lyons, Esq do. . . Rev. Murt Lalor, do. . . Mr. JNIichael Russell, do. . . Mr. Peter Polin, ^ James Fitzgcnild, >... Alex. McDonell, ) Alex. leaser, Esq., ....... .do. . . Toronto, 'Guelph, jPetcrboro' ... Niagara, 'Adjala, Toronto Gore, . . .do.. .St. Catharines, St. Raphael's,! Glengarrv, £> s. d. 27 54 135 90 40 40 oo 300 Total,.. JC 741 :| i;i-,u;il to Xii'-i S Ciirtoucv. IMAGE EVALUATION TEST TARGET (MT-S) z 1.0 I.I i.25 ^1^ IIIIM ^ 1^ ill 2.2 ti& 2.0 1.8 1.4 V] 1 b '! ■ ' ■ 188 Paid Clergy. No. 30. Statement of Payments made to the Clergy and Cliurehes of different denominations in Upper Canada^ under War- rants of His Excellency the Lieutenant Governor^ during the year 1834. To WHOM PAID AND BY WHAT AuTIIORITV, &l- Salaries of the ministers of the Church of England in this Pro- vince, for the year ending 30tli June, lS-"^4, pursuant to Lord Godcrich's despatch of oih April, 1832, Salary to the Hon. and Rev. John Strachan as Archdeacon of York, for the like period, authorised by the Lords of the Treasury, 31st August, 1827 Salary to the Rev. George O'Kil! Stewart as Archdeacon of King- ston, for the like period, same authority, Salary to do. its one of the clergy of the established church, saim period, To paid sundry missionaries of the Church of England in this Pro- vince, to make up 85 per cent. on their salaries ; and pensions to three retired missionaries and two widows, formerly paid by the Society for the propagation of the Gospel, authorised by iMr.l Secretary Rice's despatch of 5th| August, 1834, for the period! ending the 3 1st Dec. 1834, . . . . ' Salary to the Roman Catholic Bi- shop, for the year ending 30th June, 1834, authorised by the Lords of the Treasury, 31st August, 1827, I'rovinciiil Curreiicv Itullars a 53. ouch. Salaries to ministers in connexioni with the established church of! Scotland, for the year ending; Koforenc38. i 4936 11 6 333 6 8 333 6 8 111 2 21 4220 7 4f VMb Lut» A.&B. 555 11 lil Paid Clergy. 189 Rororonc3s, To WHOM PAID ASB By WHAT AUTHORITY, &C Provincial Currency DoUarti c 3a. each. the 30th June, 1834, per Lord Goderich's despatch of 23d Mav 1831, '. Salaries to ministers in connexion with the established church of Scotland, for the 6 montlis end ing the 31st Dec'r, 1834, per Lord Godericli's despatch, 23d May, 1831, Allowance to tlie Roman Catholic priesthood, for the year ending 30th June, 1834, aiilhori.sed by the Lords of the Treasury, 31st August, 1827, as per warrant. Paid sundry persons, being por tions of the allowance made by His Majesty's Government, to be expended on Roman Catho lie churches and chapels in this Province, , Salarvto the Rev. Wm. Bell, Pros- byterian minister at the Rideai Settlement, for the 12 month: ending the 30th June, 1834, au- thorised by the Lords of the Treasury, dated 16th Jan. 1818, Allowance to ministers of the Uni- ted Presbyterian Synod of Up- per Canada, for the year end ing 30th June, 1834, per des patch of His Majesty's Secreta- ry of State for tiie Colonies,. . . Do. for the half year, ending 31st December, 1834, House rent to the Lord Bishop of Quebec, for the year ending 30th June, 1834, pursuant to Sir G. Murray's despatch of 25th Jan. 1830, Paid John Willson, Esq. on behalf of the Canadian Wesleyan Me thodists, being a proportion of the sum appropriated by His Majesty's Govornment, to aid in £ s. d. 1248 17 10 859 11 10 1111 2 2J 512 2 21 111 2 2J 798 7 9f 403 12 2^ 200 Roferencet. "kM I 140 Paid Clergy. -r, _.._.. » ._ > . Provincial CiirrPiicy, To WHOM PAID AND BY WHAT ACTnoniTY, &C ! i^gl'^^ „ 5g_ each. Reference!. ^ S. 388 17 d. the erection of pl.ices of wor- ship in this Province, To paid the Rev. Joseph Stinson, representative of the Mwthodist Missionary Society, London, and General Superintendent of Wesleyan missions in Upper Canada, being the sum autho- rised by Ilis Majesty's Govern- ment to bo apphed to aid in the erection of Wesleyan Methodist ch:ipels in this Province, Gil 2 2J To paid thp Right Rev. and Hon. Alex. McDonell, R. C. Bishopj of Regiopolis, being tlie amountj of pension conferred on him fori special services by His Majes-j ty's Government, as directed byj Mr. Secretary Stanley's des-i patch of 22nd Dec. 1833 ; thei present payment being for thei period between the 1st October, 1832 and 30th .Tune, 1834, in- clusive at the rate of 100/. stg. |>er annum, I 194 8 lOf JOHN H. DUxNN, R. G. Rictivrr GfinernVs OJicr, ( Toronto, 31st March, J 835. j M¥' Ecclesiastical EsTABLUHMcNre. 141 No. 30. (A.) Estract from the Estiraatag for Miscellaneous services, fur fir* quarters to 31it March, 1833, ordered by the Hou89 of Com- moiid to be priut&d. CLERGY, NORTH AMERICA. rsTiMATE of the charge of defraying the Expenses of th« Fjcclesiastical Estabiishm''nt of the liritish North Ameri- cnn Provinces, from the 1st day of January 1832, to the 31st March, 183^: £27,438 139. IJ. JLOWER CANADA. Bishop of Quelioc A rchdeacon of Quebec Kector of Quebec Minister of Trinity Chapel, Que- bec Rector of Montreal •* " Three Rivers " •' William Henry »• " Durham .. •* " Chatham " " Caldwell Manor ' St. Armand Evening Lecturer at Quebec " *♦ Montreal.... Verger of Quebec Rent of Protestant Burial Ground, I'resbyterian Minister, Quebec. . " Montreal . Roman Catholi'^ Bishop, Quebec, NOVA SCOTIA. Bishop of Nova Scotia Archdeacon Presbyterian Minister To the Governor of King's Col lege for the expenses of that in stitution Archdeacon of New Brunswick. Minister at Prince Edward's Ls Jaud t. d. 3,000 500 400 200 300 200 150 100 100 100 100 1.50 150 30 20 18 6 50 50 1,000 2,000 300 75 1,000 300 100 £. 6,600 IS < 3,775 ! 6,600 13 9 tv U^i ECCLESIASTUAL Es T ABLlSH.MblXTI. Archdencon of Newfuuiidland Roman (^^atbolic IVishup To the Society for the Projiiiijatidiij of the Gospel, in aid of the ex- petiijes of the society ,ii tlie ('olo > nies of Upper and f-ower Can i ada. Nova Scotia, Nomt linins-i wick, Newfoundland, PriiM:e; Edwards Island, andihu Cape.lll.OOO > Jj t. d. Ji ». 3.775 ' 6,600 lii Hand... . yuo , 7J U Total for one year, from 1st April,! 1832, to JJlst Maruh. I8:;y....| 4dd for oiie Quarter of [&6'2 . . . . 1.5,150 21,7;-0 13 5,667 14 8 Total : £' 27,438 13 1 Sir, Doivning Street, Nov. 21, 1831. :^''' m [P< [:i>y of Minutt of the Lonli of die Treasury, of 25lh Nmtmher, 1831, on the aforegoing Lttler of the Secretary of Stale. Write to TiOrd llowick, f >r thff information oF Lord Goderic!', tfiaf my I/irds concur in his Iiordsliip's recu'iimoiidation that tli« grant to be proixisrd fo ParJiauir'iit for the Society for the Prop.i- tioii of t!to G(ispel ill Forcif^n I'iirtp, pliould be reducod to the suin or' 1-.M;00/. in the yonr 183'i, to 8,(»()0/. in tlie yfar 1833, and lo 4,000/. in the yonr 1834, and ihiit no further grant shoidd be pro- posed nftor that year. Downing Street, ISth January, 1832. PlR, In rpqiiopting tliat you will lay boforp the Lords Com- m'ssioners of tlie Truasuiy tito ncconipjmyinfj Eatimates for tha dirFi'mut Colonnil E:-tabli! d to thj >!i:i>: :1 &, 144 El(Li:siAsTical E^«tablishme:>"i^s. Secretary of that body ; upon the fi;gcst the propr.e y of making, in the present year, tiie UBual {^rant of 1,001)/. to tiie King's Coilege in Nova Scotia, ri> ducing this buiu to 500/. in tiic year 1833, after which it mi^i.t bQ altogether discontinued. With rewpect to the saitiricB directly paid by the public to the indivdualh by whom tliry are received, Loid Goderich conceivea that tiiey stand on sumewimt differents grounds, from tlie assistance given tft corporate bodies having other and fluc- tuating sources of income. These salaries, forming the two first ilemi of the estimate, havmg been accepted under the idea that they would be a prov:s on for their lives liy persons who have abandoned other prosp'Cts in their profession, his Lordship is of opinion ih it that they should continue to be paid during the lives of the partioi* by wlioni they arc received, or until they can be otherwise provided for. With this explanation I am directed to request that you w>il bring under the consider ition of their Lordships the propriety of tubuiittingto Parliament the accompanying estimate. I am, Sir, Your Most Obedient Humble Servant, riowicK. The Ilonnrablifi J. K. SxBWARf. ii ' IVo. 31. A. List of the Clrrsy nf the Church of England in the Pro vincti of Upper Canada, 1st January, 1384. Romaine Ro'ph. ... John Miller Thomas Campbell . . . Edward D-irochc... J. Thompson Thomas Morley .... Alex. N. Bethune. . Gtiorge Arclibold.. .lohn Anderson . . . . , George Grout .... William Mncaulay. Geo. O'K'll Stewart L. L. D Richard H. D'Oiitr Richard Flood Benjamin Cmnyn . Amherst burgh. Ancaster iielleville Brockville ('avan (yhatham (^obourg. ... . . Cornwall Fort Eric Grimsby Hallowell. . . . Kingston . t'eterboro'. Qeckwith . f..undon . . . STEKLlWCi. cl;RIlE^CY• £ 8. d. 40 13 4! 46 13 4j 40 13 41 33 6 8i 33 8! 40 13 4i 40 13 40 13 46 13 40 13 40 13 33 6 s; 25 0* 25 {Y Z\i d. Ci iunCH OF ENoL.vxr. U5 ^ 1 ■Ttl(Li.Ni>. C0HR2^t;F. Riiih liPOTiing . . . .Toliii G B. Lindsa Thomas Cro^n. . . . Miciiacl Harris Rii:in'?l Armour. . . . Ro!)«rt S:iorl M:iik Burnhaia Jarnps M Graili Francis Evans Ripsinglon Elms. . . VVillia.n Gunning.. Siltern Givins Arthur Palmer .... Vincent MayerliojT.r Giorpe Morrim»'r. . . .lohn Strachau, D. D. lainilton >Vi!liiuiisburg Vin^-ara \iriii 'aviin liclnnoiui ■!». Tliomaa. . . To: onto Wooilhoube. ... Yon^(^ &.r. , , . Mo, nwklndiai..- Giidpli Alarkliain 'riiornhiji Yuik £ s. (. 46 13 1 40 13 4 40 13 4 40 13 4 40 !3 4 40 13 4 40 13 4 35 « 40 13 4 33 H 40 13 4 40 13 -• 33 6 S 15 50 100 70 li — J. Grid- Carrying Piaco, i 140f) 13 4'£l.'56-2 19 3i B.— No. 32. List nj the Clergy of the. Cjiuucii of England in the PrO' vine: of Upper Canada^ \st Juii/\ l-8i> 4. Dr. Strochan, : ! J. Ma^'rath, i J. Miller ; T. Croen | G. (Jnnit, ' W. hooiirnff, '■ J. And< Trion, ! J Cinrk.^ ; M, Burnliam, V. \']\a.us, ' R. Rolph T. Morlrv ' A. N. Betliune, ' J. Coi^lilan^ W. .'vrmour, I>r. Stuart, J y'ou,^iiton, •F. Deacon, TiioR. Camp{>ell, J. (iner, \V. Mttcaul.ty, Toronto, ('rf'dit, fownbhip Toronto, AncaKtor, . Ningn-a, j Grimsby, Cliippovva, Fort Erie, St. Citlmrince, St. Thomas, VVoodhoUiO, Amher.slburglt, Cliatliam, (.■oboursf, Port Hope, Cnvan, Kiiiiftiton, Brtth Adolplmntown, Belleville Currying Piacr, Murrsv, iidiiowci! ; X, ». 96 5 70 70 70 70 70 70 (» 70 70 70 70 70 70 (» 70 70 70 70 70 (» 70 70 70 I HipPMV^IP^*'- y\^i 110 Cjajicn or E.\(i:.AXD. iuil m i^^^^B ll piip !! 1 1 1 1^ lji| i!l 1 '111 III! p.. Giviti" ' M. f l.irriu, II Short I J. Padfiuld K.J, Moswfll, A\'. G:mniiiij, K. Bhik.ly, II. I'atton \\. li'iultiay, F. Mrtck (f. Arclil o!(l V. M(iyi!rlioftl;r, a. iMoitimer ]l. Ijf'pniing, A. P.iliiiHr, B. Croiiyp, I), niako VV. Johnson, , , J, Rndcl.ir, . J. TliornDsoD, R. fl. D'OHer, R. Flood E. Deiocii" J. fi. VVeasant, Dr. PhilJips ' W. Boultf.ii F.iiul inyiiRiii lo; Mohawks, Bav of Qsi'iit',' 70 Hamilton, | SO (Jnclph •'iO m 50 50 50 f.O 50 50 50 y5 London, A(|i')ni(i(', . . ? 1 } Toronto. < ;•' .Mr. F.m< l_50 'iMttI Slorhng £,;ill8f5 i;^:<7J 1.' '4 Currency. II (» n y-. — xNo. hifT of M'sslntiaririt, /,'.". nf the Cuvnru np r".\(i!,A.vn, »«< the Province of Upi>er Cauado. \st Januory, 1835. [/■'or the previous itii mojitls.] CTOorfrR Arcliho!(!, . . ; Corinvall, John Anderson,. ... \ Fort Erir, A. N. Bfjtiiinio, .... ' Cohonrer, Robert Blakcy, i Prcscott, '. . . E. .1. BoswpH, I Dallionsio, Mark BurnhaiTi,. . . . \ St. Tlioina.«, Thomas Campbcl', . \ Belleville, Thomas Creen, .... Niagara, Jarros riarkr, St. ('atharine.*, .... .lames Coshlan, .... Port flope, Job Deacon, A>1olpIiiivtoAvp, .f s. p. 100 100 100 UK) 57 10 100 1 00 100 100 100 100 MiSStUNAUiLS. 11 .t-, i ; 76 6 70 70 70 70 70 70 u 70 70 70 70 70 50 50 no m «> 50 r)(» m 50 50 50 50 50 y5 r.'5 50 ;iii3(! .') Cunency. •y, 1835. .f s. p. 100 100 100 100 57 10 n too 100 100 100 100 100 8 Kraiiciu Evans, .... j SiiUein (jiMiis, . . . . i John (ir'wr, j a. H. F. (iioiit,.. . . : W. II. (iiiniiitiir,. . . . ; Mirlitifl Harris,. . . . | Williuiii Lcciuiiig, . . j J. (j. U. Linusiiy, . . John M'ller, James iMae[rf ScniLui'I in Upper Canada, \st ,Jan''y and li/ July 1834, awr/ lat Jan'' if 18;M. NauKa. K«F. W. Rintoul, — Alex. RfH*. — Jiilitj Miichnr, — Alex UmIc. -- W.MrAllisfer, — 'I'lio. VViicon, — A.M'NiiiiKliton •— Arcb'itl^'oiinall — .'olin M'Kenzit' — II. L'rquharf, ~ Wm. Sitwiirt, — J. Crti:k«linrik — Rob. AJ'Gill, — in*. Ki-tchan, — 'it-o. t'li'eyrie, — P.M'Niiujjhton — M. V.Stark, — Jnmes .Smith, — John Smith, — Henry Gordon — Jno. !M. Rojfer. — P. Ferjtusoii — Jno. Fairbnirn, — Geo. RoniBne)>, The Ch, of Toronto — Mutt. Millar, Station*. 1st .Ian'y l«t Jn.y lhJ4. 1st Jan't. 18;<0. £, «. d X. «. d. jt: i. d. ritvofT>rnn»n) to.^Jiine VSi\. [ Ald'mroiigh, l*) 41 ir, U 29 e 'J!t 2^ 29 Kirijfslon, ili •JO IG R 36 7 4 Mniriiltdri, 6 II \\\ L'O IB R 36 7 4 l.fiMiirk, •,>a •J« 29 Terth. vja 2!} 29 n LunoHster, ;^ 13 7iJ i.'3 29 iMartiiifown. •-'8 •J3 29 \Villifini«t(iwn, 28 2!1 29 (.'i)rnwull, •JiJ 28 29 r.ait, i.'i 28 29 Uytown, •^^8 23 29 Ninj:arn, i.'8 28 29 1) Helleville. 2« 23 29 Amher'^thurg, 121! 9 28 29 VaiiuhiU), •2M () 28 29 DuiiiJaM. 14 17 73 28 2'.J (■u<^l|ib. 'JH 28 29 1) licrkwith. 9 13 3^ 28 29 Whitcliurch &• ? : King, i ; an 5>9 A Peturbnrough, j 11 19 3| 20 16 8 36 7 4 Rcquesing, | U 1 20 16 8 36 7 4 Ranisny. : 9 13 3*j 1 7 741 V9 Smith Falli, | 29 1 48 3 3| Ciilhorne, ^ | Newcastle Di». \ - 28 U r22 Itj tii 601 3 44 I -?lerling£ Currency i 1 V22 16 8 r ll>4 Oj n-i( 1248 17 le 1 -^terlincX T7t 12 71 n.- tTurrency ;y5» 1 1 It) ivoMAN Catholic CnuRCHBs. UQ ;-, 15 ;8 6 8 !0 7 4] Estahliihed in^i/ and liZ \s\ Jan't. d. 29 a9 li9 iiO •29 29 x!9 29 29 29 29 29 29 29 29 29 29 4 4 (I n u n u () » 29 A '66 7 4 ■M] 7 4 29 29 48 3 n U T78 12 r| |US» II 19 F.— No. 35. SrnKori.B of Monks paid to Roman Catholic ehurehe$ out of the sum authorised bi/ His Majcsttfs Government to h% expen'hd on Roman Catholic chuirhr.s and chapels in Up" per Canada, during the year 18r'i4. To WHOM Paid. Mr. Dennis O'Brvan, Mr. Hugh O'Uyrn, The Rt. Rev. Alex. McDonell,.. do do do 8lTi;.\TI0\ OK THE ClItKCII, 4c. Sterling. The Hon. Alex, (rrant, Triistno,. The Rev. John CiiUen, Trustee, . The Rt. Rev. Alex. McDonell,.. Tho Rev. Edward Gordon, London, St. Thomas,. . Loiiphhoro' ) for 1, ] do Longueuil, . . . l*lantagenet,... Kingston, . . . Camden,.. . . Niagara, Sterling £ 45 45 30 30 40 30 135 18 81 18 Total Provincial Currency £i5]2 22J 460 18 G. & H.— No. ,3G. LiiT rtf the Chr»ii of the United Presbyterian Synod of Upper Canada — 15/ January and 1st Jidy 1834 — and 1st January, 1835 Names, Rev.G. nucbnnnnn -- Andrew Bell, — John Geminill, — John Hrjn'mgi — Rr^Hert l.vie, -. lloh»;rt lioyd, — Wm. .Smart,, — r. F'irir'Kon, ~ D. IM'.Millan, — Win. King. — R. M'DowhH, — .111. Geioro"i, — a. M'Cietchey Stations iRt .Ian't. lot JULT 1831. 1834. fSierliii P- .Sleriin.g £ n. rf. £ R. d. Reckwith. M IG 4 29 3 4 Toronto, Tp. 31 Hi 4- 31 IR 4; F.annrk, 31 Ifi 31 16 4 Mount I'leaijant, 31 ir. 4- 31 IG 4 0^niibiir!5, 31 1() 29 3 4 Presratt, 31 IG 4- 1 29 .3 4 Brockville, 31 ir. 4 29 3 4 K-(iiiK«ing, C.ifedon, 31 IG 4- 31 16 A. 31 16 4\ Nelson, 31 !G 1 29 3 4 Frcdfinr.kshiirg, 31 16 31 16 4, Scarljor *' o' 31 IG 4; ClinUtn, 1 31 16 4| l8t JAS't 1835. Afi^EM. No. 21. £ 3)9 19 \0\\''m 11 \\ 7u Sterlinj!. £ a. d 34 9 3t 16 31 16 31 16 34 9 34 9 34 9 31 lo 34 9 31 16 31 16 |ii::' Will, ' J !i"i Ms; ;ii|ij ill I'lin Mtii 150 PREaBYTHKIAX SiNOD. G - - 11 - - - - Tofnl Sterlin}! £ ■m 19 103 ' 718 Jl OA • Cui-reiicy, ■9H 7 93 riterlinaJt; 'Mm (1 C'lirrcucy, m i',' i'i No. 37. sill, Inspector GennaVs Office, } SOtli March, 1835. \ I liave tho honor to state for tlio information of I 'id Excellency the Lieutenant Governor, that when I wns before tho Committee on Grievances on Friday lasf, I luado known lo tho chairman that J should furnish him with tho iiiforaiatioa rocinirod by your conimunit^ation of this date, and have accordingly direct- ed the first cleik to attend tlie Committco at its earliest meetinij. The sum alluded to, is paid under the authority of Air. Secretary Stanley's despatch of the 27th January, ISIJ-l, and was acciden- tally omitted in transcribing the account furnished for insertion in the Blue Book but would appear in the accoums transmitted houic by the Receiver General. I have tho honor to be «ir, Your most obedient humble servant, Lt. Col. Rowan, &.C. &c. &c ':\ (JEORGE II. MARKLAXD. Inspector (icneral. No. 38. Address of the Canada Conference of (he Methodists to Sir John Colhorne. — Dated, Sep- tember 8th, 1831, as published in the Confer- ence Paper. To His Excellenci/ Sir John Colbornr, K.C.B.. Lieutenant Governor of the Province of Upper Canada, Major General commanding His Majesty's Forres therein, Sfc. ^t. tV- May it please Yoir Excellency: We, His Majesty's (hitiful and loval suhjpcls f/ir Conference of the Methodist Episcopal Church in ('tmaJa. AlJl Ui:sr OS THE Co.NFEllENCE. 151 ta'cc the lihcili/ to enclose to Your Excellency an address to ffis Jlfijcsfi/ with acrnnipani/ing documents, most respectfully n-fiirsfin^ Vour Exc< Ucncy to transmit them to Ills Majesty^s Principal Si en fan/ of State for the Colonies, to be laid at 'Jtc foot of the Th'ronr. Permit us to avail inirsdvcs of this opportunity to erpresn nnr best wishes foi Your Excellency'' s spiritual and temjwral prasprrify, and to assure Your Excellency of our sincere desire and firm determination to second Your Excellency''s exertions tor the public good, by doing all in our pofocr to promote the infrnsfs of muralify and pure religion, the essential precepts if which arc, Fear God and honor the King. IJy ordi'.v of tlio Conlbrencc of the Methodist Episcopal Church iij Canad;t, (.Si-,rncd) W. CASE, President. (Sii^ticd) JAMES RICHARDSON, Secretary. VoHK, Sept 8tii, 18-31, Tu which His Excfllency was pleased to rotiini the lollow- 'nvj answer : (iKXTT.CMEX : T shall not fail to transmit to the Secretary of State yotu' nieinorial addressed to tl:e Kinir. Ill relurninif my hest thaniis to you for your good wishes, I may venture to afilrm that the assurances of your desire mil (h'iermination to promote the interests of pure religion, will alFord general satisfaction ; because a very wifavorahle im- pr. 3sion has been made front one end of the Province to the other as regards an imputed secular interference on the part if your preachers : an iin[)ression I am afraid, tliat must tend to counteract the salutary clfects that ouqht to result irom the -ulivc piety and /.eal of your Society. I refer with reluc- laiice to tlie j)uhlic opinion formed of the doctrines inculca- (0(1 1)}' ministers of every denomination of Christians, or tne |»ri!ici|)le."j which they are said to espouse; but on this occa- sion 1 think it right to accjuaint you that allhough the charac- ter of your ministers is probably aspersed, and ultiiough they may not as is said, tnkc advantaue of the inlluence acquired I'V tlu.'ir sacred office, to conduct the political concerns of the ;)en|ile committed to their care, to be instructed only in the words of eternal life, yet, I cannot inutgine that if there were not some g Ainds for the imputatiov, of their inconvcnimt at- tention to secular concerns a d'lsire for the return of the Wes- I'yan Jlisstcnari'.s (oresnme their pastoral labors in this Pro^ mm 152 Answer to the Address of the In l,f$i et/ice would not have been generally erprcsstd. This conclusion may be erroneous, but I am in sonicineasure 'etl to jtfroni tlio reports which 1 have roccived of the absurd advice ofiered by jour Missionaries to the Indians, &, tiioi;ofiicious iiitorftronce ; if any reliance can bo placed on the stateniLMits of the Indi- ans themselves, the civilization of whom the Superintendents of the Indian Department are endeavoring]; to accomplish. With our excellent Constitution in this Province, I trust wo shall always find a sufTicient lunnber of supporters of Civil 9nd Religious freedom, without the interference of the Minis- ters of the Gospel. Your Preachers, whcf/ur they are hrought from the United Stafis, or ant/ other foreign country, will, I hope experience, while they act honestly and respect British Institutions, the same protection and encouragement, and freedom, which all Americans enjoy, n'hr have found an' asylum among us, and choose to live under the British Government in tliis Province, and securely enjoy the rig;hts of our own Colonists — whiiii are assured to every denomi- nation, party sect or pors'iasion. Your dislike to any Church EstaMishmcnt, or to the parti- cular form of Christianily whicli is dinomiiialed the Clmrch of England, may bo tlie natural cousociuence of the constant success of your own efficacious organised system. The small number of our Church is to be regretted, as well as that the organization nf its Ministry is not adapted to su]>plij the pre- tenticants of the dispersed population in this new country : but you will readily admit that the sober-minded of the Pro- vince aredissnsted witii the accounts of the disgraceful dissen- sions of the Episcopal Methodist Church and its separatists — recriminating memorials, and the warfare of one Church with another. The utility of an Establishment depends entirely on the piety, assiduity, and devoted zeal of its 3Iinistrrs, and on their abstaining from a secular interference, which may involve them in political disputes. The labours of tho Clergy of Established Churches in defence of moral and re-- ligious truth, will always b(! remembered by you who have access to their writings, and benelit by them in common with other christian societies. You will allow, I have no doubt, on reflection, that it would indeed (with the inconsiderable population of the P avince) be imprudent to admit the rights of societies to diet 'e on account of their present numerical strength, in what u ay the lands set apart as a provision fur the Clergy shall be disposed of. Ample information on the question has been laid belbre the Imperial Parliament, and no inconvenience while it is pejiding can arise in respect to the occupation of these lands : for there are more acres no\r fflisr^d for salo than purchasers can bo found for them. MmioDisi Canada Conference. 153 In a few years the Province zvill be peopled by mxHions of our own cuuntrymen, and many of tlu arrangements of Hit Majcsty^s Govcrnwrnt n ill hare reference naturally to the population of the Mother Country, destined to occvpy the Waste Lands of the Croirn. The system of Education which has produced the best and ablest men in the United Kinpdon), will not be abandoned here, to suit the limited rini'^ of the leaders of Societies, who perhaps have neither experience or judgment to appreciate the value or advantages of a liberal Education. But the British Government will, I iim confident, wiili llie aid of the Provincial Legislature, Oi-tablish re.s|)ectable schools in every part of the Province, and encourage all societies to follow their example. A Seminary, I hope, trill nut be termed exclusive, which is open to every one, merely because the classical masters, are brought from our own Universities. It may be mentioned, uilliout j^ivinw oHence to the members of any cliurch or persuasion, that there are few individuals who think t/ied 3Iinisfers of the Gospel can conduct political journals, and keep themselves unspotted from the world, and put away all bitlerness and wrath, and clamour and evil speakiptf, wliicli the attacks of their adversaries may engender, or that their avocation will not lorce them to st)end their time like the Athenians in their decline, in nothing but "cilher to tell or to hoar some new thing," 1 am iicrsuaded that the friends of religion will strongly recofnniend ministers of the Gospel to labour to increase the number of Christians, rather than the number of their own sects or persuasions, to close their Churches and Chapels against all political meetings, and indeed all meetings for the transaction of secular business, and never to permit their consecrated places to be profaned by the party spirit of the hour. m i 'f 4. •^■' i!C(\ i anil til" (.':in;i(laii Wcsliyaii [- < "oilier 'ncc. j No. H). (jiorrnunciit Ifon^r, Toronto, \ 4tli July, \m\. S (JF.NTl-CMKV, I !iin dirootiMi to nr(jii.'ti!it ynii, with rtTeToncu to the applicatiOiis of llis yM;ii"sty'.s Government from srvoriil religious deno.iiinaiioiis fur iiH--isi.a!ii:(> in the present rtiato of the Province to eiia')!..' th.'iii tt> hii.ld ciiiinilierf or chapels. The Lieiitent Gov- rriior li:ie! heen anthorir^cd lo place ui the disiiosal, this year, of the i'ritiffh Wewii'yan ( loiiferciice the «iiin of XooU, to he applied in ( icctiMijf s'uch cinirciies oi' clia[)ei,s as may be n.'([Mired ; and I am to iiifurni yon, th'it on yonr statimif the manner in which the grant is to be ap})liC'd, \\i.^ Exeelleiicy will order ilio amount to be placed at your di£?po.-ial. I have, &c. W.M. ROWAxV. Tim V/cth'VTi Method'.it CunfLrciiee. Xo. 40. (a.) 7V» yfi.s FjXC(Jlnir!j Sir John Cu!!)onic, Lkutcnant fJov- rnior of the. Provhivc of Upper (Canada, Commander of Jlis 3loJpsfi/''s forces thcreui, S^'c, t^'c. i.yr. M\v IT rLK.vsi: Your Exr!;i,i,ENTv, 1 had this day the honor of receiving through the Rov. Jam>*? Richardson, a comnuuiiLation from Vonr Excellency, respecting a grant of .C").")') to the British Wesleyaii Methodist C'ontereiicc ; the order for which V'o'.ir Excelleucy is [ileased losay you willgivooii luring nisde ao'i'iainted with tlio manner in which the above sum iti (i) 1(0 appropriated diinng the enduing year. While on behalf of I lie British VVt'sIeynn Methodist Conference and Missionary Sooie- ly, which I have the honor !o n'ore^ent in this I'rovjncc, I gratefully acknowledge ihis pi^cmiiaiy asoistaiice, I hog permission to inform Your Exc'jlieiicy, that it will bo applied to tho erection or repairing C A N A n IAN W I : S I. in A N Co .\ I' K H 11 N C I- . 1 55 ,it' clKipi'ls and school houses, ariil tlofray ii;,' tlio ;;(Mirr.il » xp'.'iisvr; uf (he various mission Klations in our cli'iitjc. I lit'ivo llif' honor to hf^, Your F.xcf:llpncy's veiy olMHliciit llnnililo jscrviinf, JOSKl'H .STLWSOX. Ci/i/ of Tonmfo, Jnhf 7. 1801. No. J I. Copr. (iCNTI.EMEX', (I I) VKU>. MI". NT IIuisf:, ) Toronto, \!.< Juli/, 18.'M. ^ I am directed to arfjuaint yon wkh rcferennp to tlio a|)plication3 to His Mnjenty's Govorninent fidin si'viMal religion.-* (Ii-'riomiimlions, for assistance in tho pre-Jiint s'iiteof the l-'rovince, to ena!)le tlienj to build Churein's or f'haprls. Tlie L eiifenanf (lovernor has been authoriscil to place at the i! spo-j^I, this year, of tlio Canadian VVo^leyan Conference, the puui of iJU.jU, to be appli- ed in erecting such Chnrclics or Cliapoly as may bo required ; and / am to inform you, that on your stilting the ni.mner in which tlio arrant 13 to bo applied, His Excellency will orJtr ihc amount to bu placed at your di?po.=nl. I am, Occ. The Canadian f WesJeyan (.*onferencc. \ \V.M. liOWAN. \ K I < '4 1 No. i2. Hcsolutions of the Canadian IVesIt'i/aii Cuvfircncc. Resolvf.d, That should His j\]iijesty'=! Government be plcaaci! to grant pecuniary aid to the Canadian Wesleyaii Methodists, ac- cording to the application that has been made to His Excellency the Lieutenant Governor, Sir John Coliiorne, for that purpose. If Rucli aid shall bo restricted to the building or affording aid in building Chapels and Houses of Worship, or in paying for such aa have been built and not wholly paid for, the same is hereby direct- ed to be applied in the following manner, that i.s to say ; — Towards the building a house in the town of Peterborough — Pe- terborough Circuit, Newcastle District. For the Br'ck Chapel in Grantham at the Ten Mile Creek, in the District of Niagara. For the Chapel of 30 Mile Creel; in Clinton, District of Niagara. Towards the building a house on the Laudsdown Circuit, in the Johnstown District, in the township of South Crns-hy or JJastard. For a Cl'.apol in the Town of London, in the London District. 'i i ! ■yi''^t\. mi 156 CaNADIA.N WEbLEYAN CoNFEUE.NC*. To oiifi in St. Tliomns', District of Lnnuon. To ono in Vionna Yillagr, paino District. Toone in tlio Town of lidllowoll, PrincR EihvarJ District. To paying for tlie sum diuj on a Ciiapel, building in tlic townnliip of Yoniicr, ill tlie Joljiislown District. Tovvards the building or payiiiif for a Chapol in the City of To- ronto, if circ'jmstiinr: s sliOMid in iko it iiccossary. Resolved, Tliat .T.ilm NVilison, Esqnirr, is iiereby fully author, ioed to apply to His Excelloiicy the Lieutenant Governor for any Hid that may be grant' d to tliis Conference, and receive the same, and to sign any afqui-.'dnccs or give any receipts tliat may be ne- coesary in the premises, and to distribute the same in tlie manner hereinbefore directed, and to pr?pare and lay before the next annual Conference a true and faithful account of all monies by him receiv* ed on the grounds of the aforesaid resolutions. By order of tlie Conference, A. K. McKENZrE, .TOllN FLANAGAN, Sec'y. Hamilton, Xcwcasilc District, 19/A June 1834. No. 43. Colonel Roman, Private. Secretary to His Excellency the Lieutenant Governor, ^'c. <^'f. (^-c. SIR, For the information of His Excellency the Lieutenant Governor, as rpquircdhv your letter to ]):iiiiel Breakonridgo, Jun'r Esq., dated Government Iloiis-', York, '^Stli Juno, 18;}3, — and by whose recent doatii, it now devolves on nie to answer the said com- munication, being iiiider cover to John Willson, E.~q. of Saltfleet, I was early made acquainted with its contents, and communicated the eamo to Air. Breakcnringe, then in a distant part of the Province, and appointed an extra m 'Oting of the Conference, for the purpoao of puhmitting His Excellency's acquirements ; at which time a number of tlu: preachers and df^logat'^s being present, — but tho then sicknc>s and subRr.fjunnt death of tiio Reverend David Breack- ftnridge, President of tiie Conference, is tlie sole cause why that required explanation has not been given sooner. I beg to state that it was resolved, the grant made by His Majes- ty's Government to the Canadian Wosleyan Methodists should be applied particularly in building a Chapel in tlie town of Hamilton, and in rebuilding o:ie recently destroyed by flr^ in Ancaster, and to aid in building such other places of wort-:liip as a Co'.iiinittee ap- pointed by tho coiifjronco might he enabled to apply the surplui means tliercto, if any i?uch there he. And I am further directed to state that John Willson, Esquir", M. P. P. is fiily ;iulhnrised to receive the said sum of money for and in belialf of tne Coiiferenco. I have tlie honor to be, ii^ir. With great nsp'X"'., Mamilfnv. Ocioinr '\\. 1J<; Yonr nio.^t oiicdirnf. And vc'iv h'lmh!*-- servant A. K. McKENZIE. ('ill mil or KSioTLvN'D. No. 41. Copv. (iCNTLEMEN, (loVETlNMENT IIoUSi:, ) 15th March, 1933. S I nm iliroctptl by tho Lieutenant Governor to ac- (jnnint yoti with rotorenoo to fi'^vonl rnnnorials, which have been iransinitt.ed to the Hecrotary of State for tlie ('olonios from con- fTC'^atioTi under your charsfe, that Hi.s Majesty's Government has Hiiiiioiiscd a grant of £5X)(> to bo made this year for the purposo ot' a?fisting your eon^i.-j^'ations in buihling churchea and chapels; mill I fim to inform you that on your stating tho manner in which tin .-rrant is to bo appliod, His Excolleiipy will order the amount eanctioncd to be placed at your disposal. I have, &c. T'l"' Synod eptahlished in Upp'^r ) Cniiadn, iu comnnnion with ;• il:u Ciiurch of Scolluud. ) W^r. UOWAN. ,M^i No. 15. Copy, Government Ilousn, > Toronto, Alh July, 1834. \ fiENTLKMEN, I am diioctod to acquaint you with reference to to l!io npplicalions to His Majesty's Government from several reli- pioiis dunoininations for apf;iaranco in tho present state of the Pro- ■"''"' ■ "■ ■ ■ Lieutenant this year of - - - -^ -^j , ... ^„ „ th the Estab- rrlied CInifcIi of Scotland, tho sum of five hundred and fifty pounds 10 be applied in ercciinn; such churches or chapels as may bo re- (jU'i'i'il, and 1 am to iniorm you, that ou your stalin^r the manuer i:'. wiiich ill!! oTnnl i.-< to ho applied, Ilia Excollcticy will ordur tho r.moimt to bo j. laced at your dispersal. pioiis dunoininations for apf;iaranco iu tho present state ( vinco to euiiblo them to build Churches or Chapels, tlio (idVf^riior has been authorised to place nt the disposal I t 10 l'rG.'«byteri:in Synod of Canada, in connexion with I am ,occ. Til' f-YNO» ^g^\h'i^!;pd i^i com- ^ ii.iminn wiJi the Church of/ Sco bind. ^ AssKM. X ). 21. A 2 WM. ROWAN. 1?' IS* 155 Church of Siotlwd. No. 4G. Kingston, July 17, 1981. Sir, Your letter of llio 4th instant aJilressed to " Tlin Synod ef tho Presbyterian Churili in Canada, in donnexiou with the E*. labliBhed Churcli of Scotland," atatiny that the Lieutenant Govei. nor haa been authorised to place £550 at the disposal of the Sy(iu>t of Canada this year, shall be laid before the Synod at its mootini^ during the first week of August. . in the meantime, I have the honour to transmit, for llif E.\o>l. kncy'a Batisfaction, a statemeut of the payments ruado by mo out «f theffrant for last year, tooothcr with tho voucht^r-^ for tun Pann=, which T liavd numbtrod for the sake of more convenient rfti-rencc. Kkckivkd. 1833. II. C, August %th.— -By amount uf Ciovornment Cinnt jCIOOO YovcHim. 1833, 1. Augusf QCth.—To \he Revpj'fnd ^Villiam Rintour. tor the AffMleralor of the l*rcBl)v(erv of York ;...'. jCilM U. Stpteniher 16th. — To the Moderator of tho i'leshylcry oi Biitlunst '...". .*(> 3. October I'Olh.— To do. d.i. do Il.i 4. Xov'bmber 8th. — To the trustfei ofl.-obwurt; fhuroh' by order of the Presbytery of Kin;;- ston Y,y 5. NoTetnbsr 8th.— To the Moderator of tho Presbytery of Gleng.trrv 2' 1834. C. JauMary 13tb. -To the Trustee."* of (■olbonic Oiurch by order ol the ProNhytory of King- ston fitV 7. Msusb 1 1 .— To ihe Reverend A. Gale for the Tliurch at Hamilton, by onkr of tlie Coin- mikxiou ,^0 .€94'. Balanpfl. JGoj It will be pereeired frons tliis ststcmPtit that tlmro still remairn in nay hands a balanco af .C')5, to be di<:po?pd o!' l»v tliP Synod. It in proper, howevt-r, to fitate that tliiw hahnr-p \va« ropt ived, not because there were no application for it Imt l)Ocaii?'i:' th'_' coiiuiiissioit at their meeting in January ia,<i im No. iil A fjihi' of Coiniiiissionirs api,ointc(! to six that the scuirat .sums ullnHcd to titc following Churches out of the govcrn- liient grant (for building Catholic Churthrs) he piudcntly and jTojicrli/ laid out, according to thuir respective appoint- ment. CoMMliiSIONUUS. t'HUhCIlES. .Sunn Hllniinl ^ij edtiiChiiuli rolon«l Alex. Kriiaer, lluuh McUiilis Esq- Mr. ArcLib.i:d McDonald, Glengarry, 300 150 100 CO •10 20 40 m 30 oO - r (1 d. Alex. McDoaell, Esq., Doctor Coniug, Pctcrboro', John Lyons, Esq., DoiinUl McDougul, Esq. Mr. Hums, and llev. Air- I'oliu, Niuguro, Kcv. John Cassidy, Mr. O'Connor, bod Mr. McCillis, Guelpb, IIoD. Alex. Grant, Mr. John McMaster, Kcv. John CullcD, Longueil, Uuv. Edward Gordon, Mr. John Maguire. Sour., Charlcid DoLcrly, Toronto, Kcv. Mr. Lalor, Mr. RusscI, Gore of Toronto. Kev. Murt Lulor, Mr. Kecnan, and Mr. Kelly, Adjala, n Kriv. Edward Gordon, Mr. O'Brien, Lougbboro', Ui!V. Julm CuUen, Alex. McDouell, iSlier- ;11, i\lr. Jlolloy, I'etite Nation, n I4« V.Lawrence Dempsey, Mr. Bell, renetanj;ui.sliine (1 .McJtander McDonell, Esq., Mr. JaiucK' Fit/^eraiii, Kev. Mr. Toliu, j tit. Catliaiiiies ...._. 1 ;i()<) II ALEX. r.IACDOMLLL, Kf K. Uo.MA^ No. 49. [For the year 1834.] DisTRiiiTiTioN of Government allowance for hmlding and finishing Catholic Churches and Chapels. ~ — ~ — • • • • • •■ To the Church at Maiden, £90 London, 50 St. Thomas, 50 Guciph, 30 Niagara,.. 91 St. Catharines, ., 30 Portllope, 20 Camden, 20 Trent 20 Cornwall, 20 Kingston, 150 Lou^liburo,' 10 £'»r>() SlerliDg rcduetd to) -^.. (,'uiiciuy, ) *, i V ■ I ,: ' 1 ii ,i ,j: . '^11 IE ■ ii |i iL 1 1 1 ' til 1 %. Ui iHlIM! ifitt f ' ''Inwl . t. 1 ' Inffll : :' ' . t. ,. 1 , ' tnBmifl sM'iiiiiJ lU:^ I^U.VlAN CATliOLK. CllLIUH. Ceniitiissiontrt to upend the above sum upon the resptttiut Churches. If or tho Church of Maiden \ or Arabcrstburg, i London, < St. Thonm!«, < Cut'lph, Niagara, St. Cftlharim in«3S, < I'ort Kopc, Tr«nt, Camden, Kingston, \ Jyoaghboru', Cornwall, Rov. Angus MrDonclI, James CalH'.t'nII, Esq, Francis Caldwell, Ksq. Rev. Daniel Downey, Dennis (>'Hryaii, Ksq. Patrick Smitli, Ksq. Rev. Dairu'l Downo}', llut,'li O'Cyrne, Esq. Lawrence Do^lo, Ls<|. Rev. John Cassidy. Wardel, Ksq. Thoaias Rolph, M. D. Rev. Edward Gordon, John Lyons, Esq. Daniel McDougal, Esq. Mr. Harris, Rev. Edward Gordon, Alexander McDonell, Esq, Mr. Fitziierald, Merchant, Rev. Patrick McDonagh, Alex. McDonell, Esq. Edward Duffy, Esq. Mr. James McCarty. Rev. Michael Brennan, Dennis McCawley, Esq. Donald McLellan, Esq. Rev. Jajnes Bennett, Mr. Thomas Camphcll, Mr. Hugh Evans, and Mr. John McLauphlan. RichtRev. Alex. McDonell, Walter MCuniiTe, Esq. David licahy, Esq. Right Rev. Alex, McDonell, Mr. Mark Hyland, Mr. John Connally. Right Rev. Remegius Gaulin, Donald McDonald, Esq. Mr. Mfu-on, Merchant. ALEX. MACDO.NLLL, Ep. R, Oin lt« II or L!s(si v,\i». Xo. 50. tcs Tiir. ciuHcji or i:.\(;f,..\\i) cmiikjv. Tlifv reccivpd iij If^:]"?, frotii ihe (iovermnent (u I'ppcr . CiMKiili (Hcti r.luc llo..k. |)ng« UK). jC12,28l And in ir<,34, froni the aniine, (see tho ^ame authority fur 1834, page 102). 9,602 iiir.siii 111 18.')'2, the net smn paid f>\ Govrrnmeiit to this Clergy (frora tlie revi'iiiies miscil out of tlio peuplu of Upper Caoadu,) was. In the rrfiirn sont in ^r>^'^, to His IMajesty's Governinent in Kogliui'l (sim; IMuo Book) an account ia given of 45 Parishes, in ;\il of whirh there is at least one ciprpjmanf and in some Pariah- ts two. Tiic pnpulntioi) of each Pariah is also set down, and th« iMiniber of persons wliu gcHerally attend the services of the t'hurch of Kn^land. In a note it is stated that "they (th« <'leri;y) derivti no local benefit from thtir respeclivu ('•liarjaen." i'hc sum of !>,()U"?Z. puid this ('ler!;>', in ldl34, is .'Jiiiwii hi ilifl (itTiriai rctiitn to consist o( the fuilo^^i[l}; ilciiis, n.dur) Vr lor building Church in Vaugbso - - £3888 8(m 55 IN \^r;\. To svndry r»ii>s;on;»t!P3 of the Churrh of Knpfnnd, jiii.'I i>'Mjsi(iris to th'Pe Mi«!jii(H}arirs and two Widnns - - SiWfi To- |);ivn!"iir of Archdeacon'^ of the Church of Kn^Iaod »ii tliW ri(.viii?>e liv vote of the' Imperial Parliament ee.ised iw m Si!' iGt Gleres. 162<). Iti 1627 tlioy were sadflled on tlio CoIoii'mI Hpvpiiiu- : .uk' (Vom tlie 1st of Jiiuuary, 1827, to the 1st of J;uinnry. IHT*. th»' ^ros3 Sinn paid them out of the sale of the Crown Res^'rvps to ihn Ca'iiula Company is G(KK)Z. as follows:— Archdeacon Stuart, 8 years at 3-*33i. 13s 4(1 - - - - jE2GG:» Do. do. 8 years Minister of Church of Enjc;- laud at nil. - 8HS Archdeacon Strachan, 8 years, at 333/ 13s 4d. - - - 26()!) And to cash paid for the two patents obtained in Eng- land, raising them to that dignity ----- 147 It appear* that 200/ a year are allowed the Bishop of Quebec for house rent in Toronto, out of the funds of Upper Canada, by authority of a despatch or letter of Sir G. Murray. [Thn Risliop has also an income of 3000/ sterling a ye.ir from the Bri- 'tish nation. In 18."J1, September 13th, Archder.con Strachan was allowrd out of the funds of the colony, by Sir G. Murray's order, 1000/ sterling, to aid in building the Episcopal Chuv3h in Toronto, on condition that aecominodation be permanantly provided U)r Ills Majesty's Troops therein." It appears frosnthe papers on Clergy ResciTes that Adam Gor- don of tiie Colonial Office, j)aid in England for a Patent to con- stitute two Archdeacons in York nml Kingston, V. C, which was repaid him from the reserves — 147/. Ont of Clergy Reserve rents, it appears that the Archdeacon ol- Quebec, Dr. George Mountain, was paid in 182(5, for his expt;u- ses on ajoiLHTcy to EngL.nd on matters connected with the Cler- gy of Upper Canada, the sum of 222/. Among the payments from Clergy Reserve rents, stated to this House, we find, towards building Parsonage Houses, at Bath l.'iO/— at Ancastcr 300/— at Hamilton 300/— at Biockvillc 300/— at Adelaide .W/— in the Mohawk Tract 100/— at Adc!aid.« (iid grant) .50/— tJie Mohawk Tract 100/. $ M No. 51. G L E B E 9. The following roservatio-ns of land w(mo made for CIchos \n ^>\•^'^ and 18;>4, by orders in Coniieil : — One. lot in (ifixo of l,o(])i('l. one in Fjlnvsley, one in luiiidon, one in il.ist ('jiiiiilcii, OIK! ii) Hope, and one in the lowtiof Woixlslock. The .'-^iirveynr Griioi-,d reports th;it these ucic the only re:*fU-vation.i in l'|)prr C;ui ula for Glebes in these two )(vu-. 15v a return to tlio House ol Ab>cni!)ly f»f Iiuh'.v .^ct ;iji;i|t ;n (li'ilx'S in this Proviiici', (Voni I7H7 to Id'J-'', wc fiiid limtot' ilico land.-; so set .\\y,\rii 22,315 acres were for ilio (Mutrch of Miii;l;iii'l <'l(M*gy, 1,|(>1) acres for tlip ICiik of ScimI.iikI i'\liii!si(M:., -K;-!) .on ; for the IJomin Catholics, nnd nine (or any utiu'r dri.oiifim:! /ii ui Cliri.sliaiis. rm Church of England. ic- ^ U U :A cj ^ : O S w u t«< b3 »3 j MIOjS o ■T N. e C lO ^ c _, , !-8!K qiii^jo r? ir io K ^, u-T I'-i r ■=$ • uoijoindi.j § : J" . . H m ■■e. M U -J C - -3 M H a: < < t s ^s ^ sc 1 c2 JS Wj , 3 ji v. ^i] O O n "t ' • r^*.^^ fc* -i a . c b c r • *^ A-; c t: a — ■*- 05? n •c c . c >> C c cr 1. • c : ^ . c t s 1 c r K 1 '1 n • c s c 5 B B V3 . 60 ^ u U.£ O) /, -a 3 O O 9 B2 ^ u ■J u ,. CJ ;; '^ rt '™ rt c-\ ri ■ ^ •« <>> 7; 1—1 c J; r* •-» aJ -1 • = •CO • l- to ; o. , o S fe 2 •(, •« a 01' iliese niiiiistoi's wo find, by reference to page 20 of No. 5, Sessions priprrs (18-j'>,) tiial 26 receive 111^. 6s. Sd. each ; iS n;ot 'i'il'^is. id. each; 1 gots 152/.; 3 if* t 27/. lU'. 8r/. ( Mch ; 2 receive &~I. los. each ; 2 receive 721. each. In all, ::te lis, Jr/, ctiri'iMicy, jx.'r aiii;!!!!!. Tiio annexed Itctunis from ihe Ueceivcr Cnncral's OlTice, sinre received, give sonunvhat difierent resuhs. It is to be reercticct timt in very few case-i have tlie Vou- cliei for the e.\i)onditnre of money for building churches, &.c. l)( en laid before the country. By reference to the |)rl!r.ed papers sent down with Mr. Sjiring Rice's despatch of 5th Aur. ISBl, it appears that after the Jst of April, in that ye;ir, it was proposed i)y the Colo- nial Department that the Society for tl;o Propo'ration of the Gospel in foreign parts, or in other words the English Nation, should pay annually to tlic ('hurch of England Missionaries in Lower Canada, 3794/., by a direct vote of the British Par- liament Oil/,, and by the i)eoi)le of the Colony nof/iing ; that no monies should bo paid to tlic Clun-ch of I'.ngland Clergy from Englar.d, but that '<22!)/. siicuhl be takoi and paid them from Revenues raised froiii t'le peoiile of I'pper Canada themselves; that 44-11/. sl.ou'd be paid to tlie Clnuch Mis- sionaries in .Nova Scoiia, by a vot-j of the ImjHrial I'ailianicnt. No. 53. WESLEY A:> M ETi LOD 1ST .s . In 1S23, says the oflicial Blue Book, p'lge 102, they r^'ceived of (iovcrnmcnt money, out cirevenucs raised Ikm-o, /. £ 1 ,800 In 1834 (we f|uotethe sam-j aullioritv, piit;e 102) out of Revenues raised in Ui)[ier Canada tiiey )ec(;ived of Covernment, as follows : " Weslcyan Methodists for building jilaces of wor- shi; ;' 1m the Casual and Territorial Revenue accounts sent down to the Assembly, il is shewn that they received a fiH'lher stmi, to build Ciiuiches ;ind ('hrpo's nf, Gil ,e2,8CD Thisl.'itter vu)ii of £()]!. i* ;iUo'M:!lier eniitli'd tii the retinn m:i(le up li\ Mr. (!^nieron .-iud s:i;l (o )".ng!;!nl. ]\lr. Murk- land's letl':'' CNi^hiiii^ the oini^'^ion. Il>^ ■:m if"' w 1 \,'' ;ll''tl; till ' InHI II Wm i Wkmn smiii 1G3 PliliSBYTLKIAN ClLKCIY. No. 54. PRESBYTERIAN CLERGY. Ill 1827, John Macliar, John McKenzio, J(rhn IMrLawrin, George Shecd, Hufrh Urqiihart, and Archibald (:*onnoII appear to have conmiencod their labours as Kirk Ministers pensicjnod by the Crown, out of the Revenue of Upper Canada, (Fund D.) at £100 a year each. AlexantTer Gale was added to their number in 1829 ; Messrs. McGill and Ross in 18-'30. Subse- quently they have beconu; still n)orc numerous, aud now re- ceive a ccrlaia fixed sum per annum. In 1833, they received from Government (see Blue Book p. 102,) ....£ 3,058 In 1834, tliey received from ditto (See do. do. [>. 102) 1,{J70 In 1834, "the ."\;inisters of tlie I'resbyterian Synod of Upper Canada,"' net in connexion with the Kirk, received, (as is shewn in the Blue Book p. 102,) 813 In the accounts sent down to the Assembly, the Ministers of the Kirk appear to have received in 1833, from Fund D., £1295, and from Fund K, Mr. John JMacliar, 100/. ; and in 1834 from Fund D, 2,109/. The Presbyterian Clercy salaried by Governnjent and who receive 64/. each of " Government allowance" are stated in page 168 of the Blue Book fur 1834, to be : 1. Alcxandn- Ross,. . . . 2. R. McGill 3. George Cheyne, . . . . , 4. James Smith, , 5. Wm. Stewart, , 6. P. McNaui,diton, 7. M. Y. Stark, , 8. Alex. Gale, 9. J. JNIcKenzie, 10. Arch'd. ConncU 11. H. Ur(|uhart , 12. A. McNau',Miton, 13. Jolm Machar, , 14. James Ketchan,.... 15. J. M. Roger, , 16. J. Crookshank, 17. T. C. Wilson 18. \V. McAllister, 19. John Smith,. 20. George Ronmnes,. . . . 91. Henry Gordon, Ahlboro', ; 64 ISiagara, \ 64 Amherstburgh, .... ! 64 Guelph,....' I 64 Gait, I 64 Vaughau, i 64 Dundas, i 64 Ilamillon, j 64 Williamstown, .....| 64 Martintown, i 64 Cornwall, j 64 Lancaster, 64 Kiiiuston j 64 B-lleviI!p, ! 64 I'otorborough, 64 Bvtown, ' 64 Perth, ' 64 Lanark, ' 64 Heckwith 64 Elmsley, j 64 Nev. market, ,' 61 Ro.vIA.V CATiiOl.IC CLLIiCiT. 163 9?. PetHi- Ferguson, Esqueaiiig, (yi 23. J. FnirUairn, Ra ii.-cy, G t 21. VV. lliiitniil, Toroiitu Cit}. triivcIliiiGf MissioiKiry tliroiigh- out tlio Province. Since Hio above list was compiled, tlio Iv(;rciv(>r General's rptiirn has been received, to whicii we refer llie House for i«- fonnatioa still more in detail. 'A 3 No. i)0. KOM AN catholic: clergy. Ufsides til!! pension to tlieir Bishop, 4,830 a year, was for- mprly divided anions the Priesthood, thia has boeii since in- crf'iiscd to £1,111 per annni;.. In 1833, (we (piote the IJlue Book p. 102) ihcy re- Cfived from the Government in I'pper Canada, ^i?,7l3 And in 1831, (we quote tiio same authoriiy) s ilary O.iJ 1.5; of the Konian Catholic Bishop, Roman Catholic Piiests, and for the erection of Chapels, In 1833 & 34, |)aid to Catholic Cler<,^y iVom Provin- cial lluvenue, 4,910 The nitiirn lor the Casual Revenue shew tl'at of the abovo nm of <£l,643, /yl,lH w(M-e for tl 10 oii"ici..iniij: dor::;}', an d r)[2l. for building Roman (.^atiiolic (Miurches, 191/. were ali pnid the Bishop for arrears of additional pension. .The Blue Book, (year 183— (for the InforniatiMn of Ills Majesty's Government,) contains an account of tli« Roman (^atholic Cloriry," shewiuL? 34 Missiuas, wiih the followin* Ministers or Missiotiaries : — .lames Moore, Rieht. Rev. Bishop Ojuilin, .lohn McDonald, Wi ). Fraser, .Tames Bennett, James Campion, .John Mcnonell, Timothy O'Meara, Right Rev. Bishop McDonell, .John Cannon, John McDoiioch, Michael Crennan, John Butler, W. P. McDonell, Patrick xMi:Donogp, Murth Lalor, John Kecf;an, Edward Gordon, John Cassidy, DaMi(!l Downey, Angus McDoneil, Geort^e Hay, Jolui Lostrie, and Morin. The lunnbor of persons generally at- tendini: is ttats d to be 15,785. No. i30. EXrENDITURE ON EMIGRATION. On pur exatrination of the Honorable Peter Robinson'j :W U'v rM ■^M dL'i -n I7i) IjAIUiRATIOM. .-Kcoiml.; of the cxpo'iKlitiiro of £3 J, 728 18s lid stated to Inive bvcn laid out in aid ul' iiinniL'ratioii, which accounts wi^re rcn'vrcd to this committee, was expended, as it is said, by the fullowing persons: YEAR ISai. F. T. Blllinps, Toronto, Treasurer, II. D. .£2327 16 6 J. G. 15(Mhiinp, Cohoin-;: 527 8 8 Alexander MrDonfii, M. P. P. Pettrhoro'. 732 6 fi Charles IlnbiJge, Pelerhoro' 2133 4 9A YEAR 1>31— 1S32. Welles'ev Rirhev £1743 7 7^ Wm Cliisholm, (hue M. i\ P. for llalion). 1341 18 10^ R'^swell xMomil (dt!C(':ised M- P. P. for iMid- dlcsox) 7178 5 1 Alexander M.Donr !!, M. P. P. Petcrboro' PG2 5 (i Ciioescnian Moo, I'eWMboro 139 10 11^ John Patton, Presoott 2298 9 4 A. 15. Hawke 183 4 6 Lawrence Ilearn 341 5 ^ James ri(7,:^ihbon (Clerk ef Assembly). . . ^42 IG 2 .Tohn IMcNnii'ihton 175 John (iam!;lo, El()l)icokp, 1331 17 10;^ Jarnos F. Sniiih, Grocer, Toronto, 28(5 James Diirand 125 Mrs. Swan 119 13 8 Gcorrro Koefer, Thnrold (il 7 C Robert ]Marc]:ai!t, & Co. Toronto 53 10 Doctor Kir;~, 7\iron'.o 72 8 6A Ciiarles Rubid'-e 1 S7 18 f)" J. G. BelhunerColicnrr 237 4 2 Robert .Stanton, Toronto 33 6 4 Snndrv payments in c.om[)aralivelv ymall sums...;....' .' 1309 1!) 2 YEAR 1832-1833. Roswoll Mount (then M. P. P. for I\Iidd!e- sex) salary as a (iovernment Atrcnt for Emi- grants..'. 104].) 6 .John Hayes, salaiy as dn. do ., 84 10 .Tames Nation, a Cierk in tlie Inspector (ie- neral,s Olfice, as Treasurer of York Hospital 50 7 AVellesley Ricliie, salary as a Government .\iient for Emigrants ]>>2 10 Do. allowance for travrllinc; f;xp^Mlses. .. . '\7 1 All other i.avments in ihe \ciir 1832-33. . . 1152 1 1" Emigration'. 171 5:-' stated to accounts it is said, !7 16 6 !7 8 8 J2 6 6 13 4 'J* 13 7 7? tl 18 10^ rs f) 1 >2 5 (i if) 19 IH 98 9 4 83 4 6 41 5 Tj 12 16 y ro 31 17 io.i =^.0 S') 19 13 8 (il ( G rj.} 10 r2 8 ()^ S7 18 f) ;>7 4 2 33 6 1 09 19 o 04 13 G 81 10 (1 .30 7 S2 10 :}7 1 .32 4 1(» YEAR 1833—34. A. B. Ilawke, .^:al;iry and travt-lling alluw- iincc as an Emigrant At;unt lor 1833 30S A. B. Kavvkc, do. do. do. for 1834... 324 2 6 }C H. C Young, salary as a Supuriutendcut (wliero'O (il J. 11. Hamilton, salary as a Clerk (whore !) 79 7 fi VVellosley Richey £Gl 10.s £G1, JJiJO, for salary as an Emigrant Agent 182 10 Other payments to a varifiy of persons. . , 2747 10 10 £29808 4 2 1833. Opening a road and Iniilding a brid'^t! near Kompenfeldt B;iy i;92.3 19 9 1834. Road work in Sinicoc, same quarter 934 1.5 £31728 18 11 Of this sum £31, G52 18 .5 worn paid out of the public re- venue not raised from direct taxation ; and £9 12 (i, tho Jiroceeds of a yoke of Government oxen sold by John Coiw.- [or ; £4.5 18, the proceeds of Governminit property left by Roswell Mount ; £2 for sale of cmii^rant shed ; und £18 10 from John Hatch, for provisions sold to Pctworlii emigrants, = £31,728 18 11. Of the expenditure by Mr. Billings, £21 15 were for tho emigrant agency and allowance of James Widens; 1 1.3/. do. do. m Edward O'Brien ; 197/. to Thomas JMcGrath for do. do. ; 104/. for the contingencies of Cheseman Moo ; 89/. for agency by John Conner ; and £138 15 for agency by F. T. Hillings. A very coniderablc proportion of the expenditure on emi- gration, is for articles or services not specified, and concerning which a Committee of the House of Assembly can know no- thing unless they were to send for the detailed accounts and vouchers, which it would bo impossible to examine at the late period of the session at which the Government sent riown these statomonts. In Charles Rubidge's account for 1831, 3.5/. are charged for Joseph Talbot's olTice service, and Scan- Ian and Hutchinson received 40/. and 117/. 15 for medical 'CUM. Jl ■-.*?' ■ mi 172 L}.Ml(;ii vTio^f. r '' li Lll .11 111! aif cinu-n of iho iiiiporfcct niodo of accounnnc; for pul)!ic ihofiits which pr(;vails in Upper Cana- di. All inonio* p;iid to pidilic acToinjtap;s should bc paid into tiifi Tre;is'irv, so thai tho iri'oss receipts and c.xpcndituio tnijiht ho sL'iMi, instead of which, INIr. Kiciicy rc.hnns and dc- li'i'ts the nioiiifs paid hitn ijy tho Siincoe cnilgrantss for pre- visions and impl(>monls £i'V2H 12 S\, in tho same manner as Air. R. !iad retained and (h'dncte'l tho proceeds of the oxen, &.C. lie cliargcs 31)31. 10 for his agejicy over and above ad allowances. Rosweli Mouni's accent is for 7558/., hut he deducts near- ly 3J1/. for provisions sold to emigrants in (.'arradoc, Ade- laide and Warwick, and nearly 391. more paid him for labor done at the expense v.\' the (Joverninent. The difference is X-SSO 1 10^. His charsres are as follow : To a!r«:>unt paid for transport of emigrarits' baggage, 517/. ; to paid for laljoron the roads in Adelaide, Warwick, and Car- radoc, 2,915/.; to paid for supplies, 2,(i80/. ; to paid for the erection of houses in Adelaide and Warwick, 948/. ; for hos- pital expenses in Adelaide and \V arwick, 21b7. ; to himself as agent, 3'JO/., omitting fractions. The Committee have called on Mr. Robinson to transmit the detailed statement of this accoiuii \\ ith the vouchers, for examination. In tho account of the cxnonditure of Mr. Alexander Mc- Ponell, M. P. P., Peterborough, (amounting to 715/. 19 5) 289/. are charged for his own services as an agent, besides his travelling expenses, and 182/. 10 for a salary to Joseph Tal- bot as a clerk. Lieutenant Colonel Fitzgibbon claims 51/. 4 6 for bis ser- rices as an emigrant agent, and for iho I'orage of Iiis horse. No. 57. The Committee had not time and opportunity to examine in detail, the nature of the charges made by the several account- ants, whose exf'cnditures compose the sum of /,31,728 18s. lid., but they sent to the n/Tice of the Inspector General for the vouchers and detailed statements which supported the ac- «ount of Roswell Mount, late Member for Middlesex, and Oh K.MinUATIOV. 17r5^ .,'10 nrtf'd, n% it nppc.us, m an Emigrant Agent. His cliargeS i^ L.T'y'iH (is. 1 1 »tl. m MONDAY, MAncrt 23(1, IS'^.I. The Cominilfof .dft, and tho Chairman was directed to, ni Iross :i t,( ttfT to the Inspector Cionpral as follows ; — * SlB, CoMMiTTr.F. oM Grii:vaxcf.s, ^ Hnuic of Assembly, Marcli 23rd, 1835. ) With rofcrenco to the abstract, sent down h}' Hi«i f.xrcllency of art actoiint onrront between the Government of lf|.pfi Canada, and the late Mr. Monnt, M. P.P. for Middle- w'x, ill his capacity of Emigrant Agent for /..7,5.5. i am, Sir, Your Most Obedient nnnd)le Servant, W. L. MACKENZIE, iZhairman. ^ Tint lion. Ct. II. MAnKi.VNi), . lufpirfor General of Puh/ic Accounti. ) or iho .\ccouiit«i. No. It) is a statement of monieIIi:iRATlOy. Nov. l«ih, •• 37 cwf. 8 qr». Ihi. Bi*«f, at 258. 8d 47 n 4 r«(b. lOtli, 1889.-^841 bblu. Flour, utaOs... 613 13 6^ ♦• •• •• 314 cvvt. 1 qr. 7 lbs. do. at l»s. Z(] 304 6 4 ♦♦ ♦♦ " 9 bbU. Pork, at 80s 30 .•) bbis. Salt at ;JOs 7 10 " " " 17,294 lbs. Beef, at 23s. 6(1. por 100 1!)9 104 11 2 '♦ " " 79 bbis. Beef, at CO.- 287 Tnr. Hon. Tiio«r. TAi.noi'.s Accolxt. 0G/. Dr. Hawkins' bill amounts to 92/. nearly, and ho names the various patients for whom he demands payment. The sickness must liave been very great indeed. Another account is for disbursements by Mr. Mount, as enii- giaiit superintendent, amounting to 329/. 14 0. X207 1 G are for his wages at 15s. per day, and Is. 6d. \Kr day additional " for a ration ; " 83/. 2 6 are for a daily 'Tllowance of 7s. 6d. to Colonel Bela Brewster Brigham as •^i-^^isiant suprrintenrlont under Colonel Mount ; 39/. 10 ara to Jcimes Inches as clerk at 5s. a dfiv. These accountu were audited in Council on the 12th of '^eptpmher J.S3-^, and is attested by " John ••^tiachan, Piesid- ii'gCoiincillor." :rt^^ IJkI i ;. yi J"ti :4 'm ''!! M .t\ Pl'BLli; Ilj.VJCM I.. No. f}8. O.N THE MA.\A(a:MKNT Ol TIlC IMBLIC K L V K IN i: K. Til© lolloiviiig Extracts fmin tlio Report of tliu Commis- Hiuiiors on Uovciiue in (ireal Britain, rcc«)nniM'ii(N tiic'obscr\- aiae of principles of the utmost iniporiaiirc to llio piildic wolfaro, for pronioliufi: economy and roln-nclina iil, and |»hi. 'licularly for ensuring strict atcouniabilily in uycry ({cpariinci.t *tif tlio public service. Jtc.jmrt oil thr Public llci^anuc of (Jrcut Hritahi, htj Sit Jfeni'f/ l*amclt, M. 1*., Lord John Russell, M. P., i^ir James li. O. Graham, M. P,, »S'ir James Kcvijit, avil the. Right Ilonorabh Edward Ellice, M. P., I'. Pouhit Thompson, HI. P., and Mr. F. T. Baring, M. P., data War Office^ October ^th, 1831. EXTRACTS : To ncconipliHli willi perfect socurily and cfTicirncy llu t^c oljcctb. of Haf(! custody, le^fjil appropriation, and record, it i.s oliviously nc C'jBijary that nil p ibiic monies whatever, sliould in tlie fiitit insliinco lie paid into the excliecpicr. 13ut it appears from tlie accountt; laid before Parbaniont, tliat liic whole amount of tlio pubbe incnirie is not 00 j»aid, but that amounts derived fruni divert murcc s of rovi - line are received and disbursed wilhoul tiie nitervenlion of iIuh iii- sLiluliop, or bcin^r ni any way subniitlad to its control. It, is nloo certain tliat. considerable siums arising fruni tuxes uTid other nult* i8 lire deducted froiu the gro 8 receipt:, and retained and exitendi.d by several departnionl?, wliicli only ivcount to tlu e.\clit(jucr f> i thonett amount, uftpr sueb d-;ductiiu.s. We think thus piuiiito > hoidd bo discontinued ; and wo recommend that thcgiosa rccei|>tj; of puldic money, whether arising from taxes in eiicli part ot' the L'nited Kingdom,* frum the ineome or sale of (Jrown property i;a(!er the aduiinistr!«rion of the Woods aiid FniesiB; from the snle (if Ulu Naval Ordnance or other Stores; fioni unehnmed d:vi- tionds ; unelumcd prize money; djdiicliuu frum peiioioi!,-, luant^ ei EAchei]iier Bills, or fr;)iii niiv o'iier soiin.es, siionld b.! phioed wil - I ut doduction in the cn;-.te(iy o! the ExelK<|urT, and IJi' hl^jouuIi d Ijr to rHrliament, whusu authority bhoniii be r.ei^essary Ibi tiie tip- };ioi)rialion of the whole. Wo feel this principle to be one of parnnumiit importinu-e for the " "J'he liutics of Uie JJ.oDns of tin- I'.xcbf unfr in rScDlliintl a.- fir u* »» . 1 :los to tlic nmniittiiieiit of iIm' innjicrly nf ilu' t■n).^u iiud tiic i uMn HI Sjcot ani, ;i9 u Uoa'il yii Irru'-iirv ari du-ci ibini in llie At pcMlis {\ , f }< ». Tl « (lut'.es of 111,: V let: I'rcaiiutr of htl.iaU ait (JtMiil»iii m lit .Aji'Ludix 'Z) J), lul. PruLic RnvEMr,. 177 ^ecllrily ft tlio public money in the two grcRl bmiiclicB of rocoipl anil t'xpcnditurc, wu tiiiiik tliat no portiun ut' llic public treasure, ilioulil bo Rrreelfd under niiy pica or pretence wlintrver, on its way Id tlic Exchequer, and that nu portion of it should be iosued truni I lie Exchequer without previous rarliunicntary aanction. Your LordsliipB will prrccivc that n really tllicitiit niid ctmiplute control .,.11 b(.' inlroducrd into the dini-rcnt r'iii.lii'ial ill hi upuruliuii. It {irovidus, Itial uiidt.r no circiiin»«lunc«$i rnn ;iiiy hrniich of nJiiiiuittratiun itccivc or dispocc of nny other funds thnu >iiiy nriiiirn oi nuaiiuuiraiiuii itccivv or oispuiic oi nny otuer tuiiuii tnnu liiose uhinh hdvc btcii voleil lor Un sirvite by Legislative outhoritj — liml in case of nny sale of publii; piopnly, tlie pmcfcda of 8ucb sala ^il.lll bo pitid iiiii) (lie 'I'l t axury, and shall not bo at the dispo^ial ef tli#i "I'pdrfmfMit to wliich tlm [•roptrty belnii;>td- '" "-'•- • ■ '•-'• ■lis i)li|u - _. — ..isp ~ 'i;p(irfm(Mit to wliich thu [•roptrty beliiii;>td- In order to actoniplish I'lis DJPicii, It di crets that tbo pie^piice and ouiu'tioii of an olficer of the ,- t»hall bp nro(!s.sar) for itiri:tin>; any such i^alcand it pi'esciibe* ili«^ form under whidi llm .-ale inubt h\- conducted. Jtileclaies, as a g«:ii- oal proiciple. that all .... , . iiiiiiity received from tiie public shall go to tli_ i it.i'.ury and be iTOoiiiittd for as* a portion of the public revenue. The • .rcular.- ot t be d fl' ront inln>iiiii*tratio(is aUo diuci, that llio ii mount of ' '> ^alu ot store- nr olin-r public pro; ciiy, in h uord no pa\nitiit of any -i^scripiJDii (iliidl lie rn.Mvt:rt by noy 1 iH|i.itliijcnt, {» be. dh-poned of by '>i'it iir !\uy otbtri doiJii? I iiii M' . miles'; it lurin part cfllir i rrdit granttd bV ■')•■ I-f^i;! lutuft. Ltt Ml I'owrii:^ ., iiist lit 1 II I pp. i ''. . i? a\ '■^i (il 178 Pl'CLlC RlTEMK. f [:f m m .1 w ; n 'VI f (xoiint at tlia Exclirqner. Wo rocoinmond llint tlio«Q Iwoki pioiild be utid'r llio muiingeiiR'iil of two department?', one of tr, <,oid onr the service of oiiO vcnr, with tiic amount of credits for the service of another year, \vc I'ropose tl'.alt he Exchequer shall cease to give credits on the Js'i of October of each year for money voted in the year ending with the preceding ??l.*t of December, and that all credits not made tisc <,f by a day to bo fixed, shall be cancelled ; and that liio fundd not a J plied, pliall revert again to the disposal of Parliament. As we have not the slightest hesitation in advising the cmpldy- hicnt of tlio f ommorcial system of Book-keeping in ivs purest and tno?t simple f jrin. in rJl the public departments, and as we considor lib ni>|)].€atioii as tbimiiig the necessary ground work of any rcaliy ! upurtant improvement, we shall refer, somewhat in detail, to tiio Y- aiujis whicii have induced us to rceomnicnd il so decidedly and Mfeiilly to the o|)probation of your Lordships. 'I'iie 1 ecvi'inr execllency of what is denominated the Mercnnti'e i'-\ttcni of Book-keeping by double entry, consists in tiic faeiliiy with Alurli It enibriices itccomits, however coinpleA, various and i x'eupive ; giving t'l all their ditrerences of detail u. uiiiiy of ri fu't J iid eoiicenlraiiii: tlicni at I ml in the ino=it condensed sli 'P'', \vhii» K t nables tho L.\amaiLr to tiaco tiicui vritliout d f^-'.ultv tn tlitir rs- >:^^ PLLLIC Rl-VUNlE, \VJ ent of flie niote-t racnific?\tioifir. Li th© iiiitiitory or anx liaiy hooka ol' ac- cuiiiit, 11 corii'ot systcin will adiii't of all the modirtctt' ions suite'! li) llio piuticiilar service ; but as soon ih the principal or ilouhlu iMitry hooltH Vxkc. possession of the fict.s of an acromit, liovvever intricate antl varied, thej become euhjfcted to ita j^onoral and har-* iiioiiions law. Us machinery is employed fo oh'.aia an ultimato ijaliiico sheet, which will preHont in a concise, correct and inleiii- gildo form all the centriLlizcd facl3 of receipt on the one side, and ut' expenditure on the other, under their special heads. Of the ef- ficacy of this system tlie tradini* world, in its iutinlto variety of coiiMiierce and concerns, gives unanimous evidence. Into every well regulated manufactory, into every extensive mer- cantile estahlisliment, in every part of the civilized world, it has gra-' dually but peremptorily forced its way. The Revenues of no Go- reininent have been safely administered; the accounts of no Govern^ iiient have been intelligibly kept ; the business oi" no Government his been promptly and satisfactorily despatched, until the coni- niorcial system has been introducedj with its order and uniformity, into the different departments. Several of the Governments of Fill -ope have adopted this method after repeated and vain attempts toiicoomoilate by other mi.'ans th'.; di.s.iintiiar nsMtrin of their variom i)!iblic offices to one general systeiiT ; and iln r,' is no iiisianr-f i t^ any Government havinjr ahanii'fore tlie cvidf-'iieo of its sufficiency and Kuperiofity. In tha wordd of Count Chahrol (the lato. minister of Fninciv) simplicity Hinl rapidity, in the progress of the publie n.ccminfs, have been ac- foinpanied with clearnct-s and regularity ut result, — incomplete- n. S-! and d<'lay have been succeeded by piiblicity and promptitude. fhe system of accounts as adopted in Frdin! 3 has alfirded per- T"i-l socnrify against default and delapidution ; it ]\v.s brouj^ht wiMi it c;i' iiigs of expense to the amount of several millions sterling per ;innnin; it has diminished the labors andanxietira of public servants, and has agaiti and again been eulogized after elaborate and de- tailed examin^vtion by atatesn^Mi of all partios in l)0lh Hon.-ps of till! Frond; Legislature. Opposed to such ftcts, and to the admit - !oil oxp^rionce of the whole commercial world, we do not conceive f!i.' opinions hoatila to this system of accounts have rny oonsidi^ra- hlc wciu'lit. 'I'iin lal(- Board of Treasury in their nwniite of the I-lth July, t8;*!>, reco^'iijze tho plan of double eiitr3 ; as the principle proper to iV..»| 180 Public Revp.nue. be adopted, and state the propriety of Bubfititutintjf, for the mim>- tons account books now in usp, a regular Cash-book, Jonrnal, and Ledger, aB the foundation of a Bystom of Book-keeping upon a plan of double entry; and agsiin they declared that a thorough knowledge of Book-koeping by double entry is above all indispensable to tlie euccesB of the new measures. This is indeed the great principle of the best commercial ac- counts, and though in the auxiliary books of merchants, there are ntany varieties suited to their difTorent concerns, there is no essen- tial difference in the way in which all intelligent merchants keep ♦heir double entry journal and ledger. Tlie ledger invariably repre- sents concentrated, and not diffuse account?, it is in a word the amalgamation of similar facts under their different heads ; it is the volume of results and not of particuLir? ; it is in fact, the tabular renlrali^ation of all the various auxiliary books, and the final in- strument of the balance sheet. The plan of dotible entry is but the means of collecting in the ledger, the particular facta scattered thro' the elementary books in which they are recorded. A proper system of accounts will arrange all dttails in its progress, but while it arranges, it condenses at every step, till it brings all its topics under their principal and primary heads in the pages of the ledger ; and when a reference is made from it to the jotrrnal and aiuxiliary books, it will readily supply all details with the greatest facility and accuracy. We have said thus much in recotnmendation of this system, from the strong conviction we entertain that its general adoption in the public departments is the groat prominant all- important improve- ment, without which, every other will be necessarily and csscjitiQliy imperfect. " This system properly miderstood loaves nothiTig to the caprice of the accotmtant ; it subjects all the eJements of an account to an nndeviating self corrective operation, the result of which is, as we have said, their centralization under their appropriate heads. Ft provides against all confusion between Contingent and positive claims, between payments ordered and payments made, iii a word, compels the grouping together of all facts which are of a similar or homogeneous character. :ii ***** * In another report wo shall aiiggr-et to your Lordships such [t]am for the payment of the public expenses as appear to us necessary 16 ba adopted, in consequence of the alterations we have brought im- der your consideration, respecting the receipts and issucB of the public money. VVg have the honor to be, niy Lords, "Your Lordship's most obedient humble servants, n. PARNELL, J. RUSSELL, J. R. G. GRAHAM, JAMES KEMPT, r. POULET THOMPSON, P. T. BARING, EDWARD ELLICE. War Offck, OcTouEaSih, 1831. B'iNKINO. 181 No. 50. — A. f OURTil SESSION, ELEVENTH PARLIAMENT. Extracts from an Address by the House of Assembly of Up- per Canada to His Majesty on the disallowance of th» Hank Acts. "Must Gracious SovF.RF.ifjx, We, Your Majesty's most dutiful and loyal sulijects th^ Commons House of As.ng ourselves only, from that which the people by their reprt- ff.,ti!iri:f . and with the concurrence of the other Branches of tb9 !'roM»v ;al Legislature, have chosen, toe are reduced to a state of mere ci ;/ dance upon ihe will and pleasuee of a ministry that are v-rcsponsiide to us, and beyond the reach and operation of the puHic opinion of the Province; and no one can rely upon our Provin- <;iaila\vs, althon^jh they may b<; constitutionally and deliberately formed, but the most unhappy uncertainty and want of confidence will prevail ami extend their disastrous inlluence over all our bu- siniws transactions, (f'e respectfully claim the same right in behalf of Your Mnjesty's Subjects in this Province, to be consulted in the making of laws for their peace, welfare and good government, which our fiJlow subjects in Great liritain injoy, in Tispict to laws to which their obedientc is lee/uired ; and aiihougl , froui the necessity of the case, power must be jzramed to (lie head oftheempire of ptcvcnting colonial idws bcinu adopted anfl enforced which are in- rump,itible with treaties between Your Majesty's Government .Tij'l foiei^in J^taie>. or w.ih the just rights of any other of Yonf Miijesty's (."oluiiie- : yet wiih these ercrpUon?, wc humbly subn if : <4 Affx.y,. Nfi. >I, i;i 182 WakiiaNt. Li'iij'-i-' t'ruit no lawn ought to he, w righlfuUij can be dictated tn, or iinpos- tdupon the fjeopk of this Province, to tvhich they do not fncly give, thdr consent, through the. constitutional medium of representatives thoscn bjf, and accountable to thonsehcs- The torcH of our humble and dutrl'ul remonstrance against Iht principle of an interference of Vour Majesty's Ministers with our inttrnal iij/airs, we arc not willing to rlimini^jh, by insisting upon the inconveniencies and evils likely to follow from ttie exercise of power which, ^c. * * * ♦ • We therefore respectfully and humbly pray that Your Majcs.y, taking these matters into Your favorable consideration, will b« jtraciously pleased not to disallow these Provincial Acta and not lo permit Your Majesty's Ministers to inlafere tvith our internal. vffairs ; but to leave the same entirely to the discrttio7i and control of the Legiilature of this Province.'^ For the final passage of the above address voted M(>ssr«. Berczy, B.dvvell, Boulton, Btiell, IJtirwcll, Campbell, Chis- Ijohn, Chrrk, Cook, Crooks, Duncombe, Elliott, A. Fraser, D. Fraser, llornor, Howard, Jarvis', Lewis, A. MfDonald, I). McDonald, Macnab, IMerrit, Morris, Pony, Randal, W. Ro- binson, Samson, Shaver, Vankoughner, John Willson, and VVm. Willsou. — The only nay was Mr. Ketchum.. No. 59. rORM OF A WARRANT. The following is the form in wliicli Warrants arc; made out ;ipou the Receiver General by the Governors of Upper Cana- da, for the payment of sums out of the Revem'e over which the Legislature b.ave not exrrciscd a controlling power : Fir Pkkf.orink jMaitlano, Kniglit Commander of the Most Honorable Military Order of the iJatli, Lieulciiaut (iovornorof the Piovince of lJ|;pcr Canada, and Major (Jcneral Conunand- irig His Majesty's Forces therein, &c. &c. &c. To the TTonorahle John JIkxrv Dt'N.v, Receiver Ge.neral of the said Province. Ynr are hercljv directed and required, out of sncli monies nn »re in, or shall come to your liands for defrayiMg the civil expen- diture of tlii^ IVovince. to pay, or cause to be paid unto Ceorge liillier, Esq. my private yciuetary — £141 14 !^f ) or to liis assigns, tlie sum of one hundrod and slfrhiig dollars. \ forty one pounds Ids H]d, sterling, I'tpial t(» at 4s. (Jd. ) .CIjT' !)s. hd currency, being the anujunf if «xi'enses incurred in the hire of l^orsr;) fur nie and u'V snitp, in tibilingthc scttb-meiits in the .Newcastle and Hathurst Di9trict«i, in the month of Febiiuuy lart. Entered, J, r>A]»V, Inspector Gcmrid, r ASUAL R KVENUE. 185 AuJ for yuur so doiug, this, with the acquitr&nos of the said (ieurge Millier or his asisigiis, shall be your buflicient W'ariaut ;iikI (liscliarge. Given under my lirmd at York, this 27ih day of March. 1826. P. IMAITLAND. By His Excellency's i roiiiinaitd \ G. HiLLIER. S The Rcct ijpts arc granted thu$ , Ui'PER Canada. Receiver Generals Office, t York, '.he 27ih day of March, 1826. \ Received of John Henry Dunn, Esq. Receiver General, th« •nil) of one hundred and forty one pounds fourteen shillings and S^d sterling, being the amount of expenses incurred in the hire of liorsea for the Governor and his suite, in visiting dift'erent settle- ijients in February last, pursuant to Sir 1*. Maitland's Warrant No. 1.'33, of this date, having signed five receipts of the aaiu* tenor and date. G. IIILLIEK. je]4114 8id sterling^ (loiJuru ut 4ciCd each. ^ No. 60. 'or Ccturnf. Remarks on casual Revenue Accounts. Some of these drafts on the public Treasury refer to n* law or general regulation. — The one we have selected gliewt Sir P. Alaitland drawing on Mr. Receiver-General Dunn for such travelling charges as lie thought fit, in the same manner as if Mr. Dunn had been his agent or land steward ; His Ex- cellency's Secretary gives a receipt accordingly. There is only this difierence — the Lords of the Treasury in England might, if they thought fit, disallow the bi)l, and cause the olficer to refund. The people of Upper Canada who oiiglit to exercise a control have not hitherto interfered. Among other payments from the casual Revenue, we notica the following : — In April 14, 182G, Grant Powell, Esq. received payment for fifty-nine days, stated as having been expended in enquir- ing into abuses in matters of Timber on Crown Lands, at t)# i»te of FoL'RTEK-N' Dollara for each day. (Tund K.) '"iftiiii::''i: 184 Kl.N(/s CoLLEGli. On the IS.'iJ of October in the same year, forty-six days on the same enquiry of C. A. llac«'nnaii, Esq. paid at the rate ol Fourteen Dollars per day. (Fund K.) These payments per c!a\' are scvcn-fokl hig'iier .than thoio of the Members of the FJoiisc of vVssemlily. Tho account or Fund D. was ordered to be kept separate, by a letter from tlie Lords oi' tho Treasury, dated 31st of August, 1827 ; it shews the receipts and payments of lunds derived from the Canada Company. Seven years compensation to S, Ridout, (Registrar, II. D.) because he had been deprived of the olTice of collecting foes and distributing them to the olficcrs of the Land Granting De- partment, allowed in lieu thereof 1,555/. J^lOO and 300/. paid to the Hon. P. Robinson, to enable liim to erect a Mill for Lmigrants in the New Castle District. £600 for the completion of the Government Mill at Pctcrbo.- rough, paid to Mr. Alexander McDonell, 1827. £3,000 paid into the Military Chest in Montreal, 9th Jan, 1828, for advances made in England for the service of Upper Canada. It does not appear what the services were. The like remark applies to other £1,438 paid into tlia Military Chest on the 4th of Feb. following. To Mr. Dunn £308, to enable him to remit to England, out of the Colonial Revenue, the pension of the VV'^idnw Campbell for 1827, per order of Mr. Secretary Iluskisson. To Z. Mudge for repairs of the Government House, audit- ad in Council 28th February, 1829— £G15, With reference to tlte public printing, it appear?, that not only did the Executive Grvernment pay Mr. Robert Stanton a very extravagant price for the work he did, but also ordered him to receive 600/. out of the Casual Revenue on the 2d of February, 1826 — to enable him to complete a large printing establishment to compete wiih other printers in Toronto, ho re-paying the same b}"^ annual instalments in the course of seven years, without interest. lie was also paid 120/. on the 1st of November, 1828, out of the public revenue under the pretext that it was to make up a deficiency of compensation for. 1827 and 1828. Mr. James McFarlane's name appears in the accounts as being in the receipt of 50/. a-year as a retain- er, under the pretext that it was paid him annually for pub- iiahing proclamations, &c. ; this doccur has either been sine* transferred to some fund unknown to this Committee or dii- ^ontinuod of late venri. ■•A . U. C. COLLECi:. 185 No. Gl. Kisis:*^ C'o2tcs:e. t:'npears to hare been ample time afforded for sending to the House the accounts of th« reoeipts and expenditure, liad the Government been di»po««4 to do so during the present Session. No. 02. Upper Canada €oUcg:c. J. II. Harris, Principal, _ _ . j£6(MI C. Matthews, Classical Master, - - 8SS C. Dade, B. A., Mathematics, - - 333 G. A. Barber and John Kent, Writing, &c. 838 J. P. De la Ilaye, French Master, - 222 J. G. Howard, Drawing Master, - - 222 The '' fixed annual charges for salaries and allowancei*' in this College, exclusive of contingencies, all which chargos ore paid from public revenues raised from the people of Up- per Canada, are the above, as also a Vice Principal at 444/. ; a Second Classical Master at 3.33/. ; a Porter at 44/. ; 27/. 10 of an allowance each, for the three Junior Masters, in lieu of dwelling houses, which houses the seniors have in addition to their salaries. These facts we ascertain from page 183, of the Appendix to the Journal for the 2d Session of* the lait Parliament. The information required of the receipts and r Kp^nditura •f this Institution has not been transmitted to the H pirse agree- jiUlo to its nddrssx. 1H6 King's College. No. 02. [A.] TuKdUAT, March 3J, 18.'].'). Address to Wis Exrellency tho Lieutenant Governor, lor iurornjutioii in relation to King'a CoiJej»e. To If is Fj.r.ccUcncy Sir John Colhornc, K.C.Tl,, Liieutcnant (Jovtrnor of the Proclnce of Upper Canada, Major General cumniandivg His Jliijestys Fonts therein, »J^'c. ^-t. ^^c. Way it tlease Your Excellkncy : Wk, His Majesty's dutiful and loyal subjects the Commons of Upper Canada in I'rovlricial I'ailiuineut abseiubled, humbly re- quest that Your Kxcclleiicy would be graciously i)leased to di- rect that there be laid before this House, slalemeuls entering uito a detail of particulars, and shewing — 1st. The whole e.\pensc which has attended the building of Upper Canada College, with the houses, outhouses and garden*" thereto belonging, and all the improvements and alterations made in the said premises from the commencement up to this tinip ; with the authority under which such buildings were erected, and such alterations and improvements made; and from what funds the payments have been severally taken. 2d. The expenditure which has been made on the ground* purchased for King's College, from the time the grounds wera purchased, with all the salaries, incomes, allowances, fees, per- quisites and emoluments of every desci-iption, paid or ojdered i,) be paid to any persons as officers, sei-vants or workmen, or in any other way connected with the institution up to this date, shewing what ea<;h person has received, and describing the services hu has rendered therefor, and the sums alleged to be duelo any per- sons as oificers of the said institution. 3d. A copy of any communication fram Ilis Majesty's Govern- ment, by authority of which £712 10 2 were paid Archdeacon ^trachau out of the College funds, as expenses of a joi;rney to England performed by him. 4th. The receipts, arising from whatever source, of the Uppor Canad-d College since the 3Uth June, 1831; the debts due the i^oUege; the income arising from fees of tuition ; and the ratp« of tuition ; also the expenditure of the College since the said 30th Jut^e 1831, detailing the fixed salaries and the contia ^en- cies, and mentioning to whom they were severally paid, ai.d at what times and for what services, and stating all debts or obliga- ■tions against the institution, and the whole income, wages, emo- luments &nd allowances paid to itsoiricers and servants generally. 5th. Full and detailed statements of particuhirs of tlie receipt* and paymeots, of which a general abstract oidy is given in the •iiocunieiitsr>;specting King's Coll'-gp, Upper Canada Colleg". W -H'-'- . ■ :i:i^ I DisiKitr Funds. 187 an I I'lP (inncral l^onid of F/cUic;\1ioii, wliicli acromf»«nic(l Your F,xci'llf'ncv"s iiiHssagc to ihi.s llimso of lie IStli Jummiy lS'i2, aii'l i)oiiitini> out wli:it the st'rvicoa are lor wliicli rcrtaii) orticm tiot iiamt!(l had received jj'JOU up to tliat juMiod, and Ciaiincd X 10!) niort! a; r.rreaiafiirs (Vom Cuiids of King's College. (Uli. A .statement going into patliculiirs and shewing wliaf nin- nif's have been paid into the treasury of King's (college sinc« ilic JJOih Jnne IS.')!, and nientiojiing the reason^, if any, why (lis fiiiivlH of King's and I'ppci- Canndri Collorre niiglir not be paid to aiitl Iiy the Ueceiver (xtneral, and the burthen of a plurality of ollicers and olfice.s removed. 7lh. A statement of the nuiid;er of s';liolaf<» tauq;ht at Upper Canada Colltge from its coinnicnceiMeut till the present time, and iiicntioning the number on the .'th of January, Ajji-il, July an(l Octolier of each yi.-ar; witli the nntnber of scholars seuf frciu the country and the number taught belonging to tliis city, Fth An account of the corrse of education in I'pper Canada f'nllfge, the extent cf the vacation.'), the books used by the dif- I't rent cLisses, with an account of their progress respectively, iiii'.l the names and number of all children taught without being linliie to the payment of teea ; as also wlicthi^r the scholars or ii'iv i>art of them are re^pitred to eonfipim to. or be iristrucied in ilie peculiar creeds orreligious exercises of any Christian deno- iiiinatioi). His Evcellenc^'s Answer : Ge>'tlemkn : I will direct thi' information required in this address to 111! |)rocured for the House of A ■^enihiy. [Nn in irriKitimi wu^ re-e ven by the House relfitivo to the ruiidi of tliu College niid University. J No. G.J. Ii ;ipper,r« from tlie Returns to Knclimd in tp-3 IV^ne Book, fl, ;' t!ic amoitnt of J)is!rict Assessments, (direct taxation) iu I"*'i.'^\va.s jCI8,I41 ; and in IH;ll £\Sf>7l ; on these sums 4 per rpiit. or about j£74n a year is paid to twelve T)istri(!t Treasurers, iippuinted during the pleasure of the {Magistrates, who aro iip]Hii!ifed during the pleasure of the Lieutenant (rovernor. There are also large additional sums received (rem Wild Lands A'-H-ssiuf'tits in eases where tiie Lands have been sold. .V'! iht-se monies are cxpem'ed under the control of the Dii?- tiici Mauistrate.s. to Coroners, Jai!^ r*, ^''Urveyors of Roads, Con- •^tiii.li's, Treasurers, Deputy Hheriffs and the"ir prineipal.s, Clerks el llie I'eaee, pir I'ees. (^uitiiigoticies, I'rinting, I'ri.ltres, Koads, ^Volf r^ralp"!, Medical .Men, ^Icinbeir id' A-seml,ly, their wagprs. ^.c. Tn iTin^Iows, a tabic of fees tf) t)ic law ofTiccrs of the Crown, of which a guinea for the draft of any instituneut under the Privy Seal, and the like !Pting of the York General Cominittee, appointed by tlic iiiinbitiuils of the Town and Township of York, on the Ititfi il;iy of .luly last, (and approved by fifty-eight Township and County !Meetin;rH afterwards, convened in other parts of the Pro- vince of L'|)pcr (.'anada) liold this day, William Lyon Mackenzie, i;s(piirc, a iMeiiiljor of the House of Assembly, representing the ('ouiity of York, and a IMembor of this Committee, was appoint- il ;in Atrent to proceed to London on behalf of the ])etitiuners i.i His IMiijesly, wlio.se Addresses were entrusted to this Commit- K'c. aiul to supjioit the allegations therein contained by his evi- liiMicc. if rc(|uired. Dated at York in ilio Province of Upper Canada, March 31st, i8;w. (L. S.) WM. CAWTHRA, Chairman of Committee. (L. S.) JNO. E. TIMS, Secretary. No 07. We certify that at a general Meeting of the Inhabitants of the Home and neighboring Districts, held at York on the nineteenth (lay of January last, VVilliam Lyon Mackenzie, Esq. member of ilie House of Assombiy lor the County of York, was appointed Ageiu to carry to Loudon an Address to His Majesty, and a Peti- tion lo the House of Commons of Great Britain, that day adopt- nl, and lo support the statemculs and prayers therein contained i)) cvideucc. [L. S] JOHN McINTOSH, Chuirmun of the Meetinp;. [L. S.] T. 1). MORRISON, Secretary. r);it((] .\t Veil-. i!)the Province (if Uppti Cuiada, March 3ist, • z'-.iL E2 'I fflltlJ ■K . ( I 190 Mr. O'Connkij.. No. 60. This Ibubntuiie made on the fourtli dny of February, in thn y*ar of our TiOrd one thousand eight hundred and thirty two, and ill the second year of the reign of our Soverijin Lord William tho Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of tho Faith : — Between Charles Thompson of the township of York, in the County of York, Yeoman; James Hogg, of the same place, Miller; Charles Mcintosh, of the same place, Mariner; John Montgomery of the same place, Inkeeper; and Matthew Walton of the town of York, in the township and county aforesaid, Wheelright, Freeholders of the County of York, ol the one part, and John G. Spragge, £squire, Returning OfHcer of the said County of York of the nther part: — Witncsseth, that in pursuance of His Majesty's Writ, bearing date the tenth day of January, in the year of our Lord, one thousand eight hnndred and thirty two, at York, in th« Province aforesaid, after Proclamation thereof made, on the thirtieth diiy of January, in the year aforesaid, according to the i«nor of the said Writ. We, the saiv! Charles Thompson, Jarass Hogg, Charles 3Iclntosli, John Montgomery, and Matthew Wal- ton, Freeholders of the said County of York, have chosen Wil- liam Lyon Mackenzie, Esquire, to be Member or Representative io the Assembly, to be holden on the seventh day of March now next ensuing, at York, in the Province aforesaid, and by these presents nave given, and do give, unto the said William Lyon Mackenzie, Esquire, full and sufficient power for us and the commonalty of the said County, to do and consent to those tjliogs, which then and there, by the favor of God, shall happen to be ordained by the Common Council of our said Province. In W^iTNEs's WHEREOF, the parties to these presents, have in- terchangeably set their hands and seals the day and year first above written. CHARLES THOMPSON, [L. S.] JAMES HOGG, [L. S.] CT[ALES McINTOSH, [L. S.] JOHN MONTGOMERY, [L. S.] MATTHEW WALTON, [L. S.] JOHN G. SPRAGGE, [L. S.] Signed, f^ealod and dolived in pirsenceof JAMES DOYLE, J. H. PRICE. ii : .■lliiliif i.j,yiilr SIR No. 68.— A. To W. L. Mackenzie, Esquire. My Father being prevented by pressure of business ftfiui autwering yours' of the i4th inst.has directed me to inform you tliat h« will feel very liappy to see you at any time it may suit LoilU CJoDIlKlCII. 191 voii to call upon liiiii, a No. 69. A rq)l>/ ti.) Mr.. Maclcnzic^s application fur an interview with Lord (ioderich. SlU : Down.NG Strkkt, ? 2:3d June, Ib-f*. ^ 1 nn» directed hy Viscoiinl (jodcncli to acknowledg* fho KHcipt el' your lellor ol' tlie J3th instant, and to inform you, fhMt his l.oidi-ilip will Ijc ready to joccive yourself and the <»'thcr Smillcm'en for whom you rorpjcst an audience on Wednesday the '^Tih instant, at half past twelve o'clock.* His Lordship at the same tin\e directs mc to inform you that lie is not aware to what letters and petitions you refer, as having hieii transmitted by you to this office and not acknowledged\ lie is unable to find any conimunicaiions which have not received .ill due attention. I am further to observe that although l^ord ;i|tL;i-H, aiitl 1 luivo iIkj lu),).if t!) iiiCoriii y«>n (!i:it. liis Lordtilii;) rc^reta lio catmol appoint uii (Mrlirr .iny tliail Fridny liio ;jd of August, on lli;il day liovvuvcr, at 2 o'i;lock he will be "lad to bceyou at thiii uflicc. 1 havo llio honor to bo Sir, Your n)o.^"t ubeditiit huiublc! bcrvant, CllAllLES DOU(JLASS. VV. L. Macki'nzic, r.^(i. 10 Wnkc. ) ticld-Slrijet, iiiUusWick lS(i'aarc. ^' Gentlemen, I Iiavc liic honor to acknowl.'dirt' tli*i receipt of your lottcr of iho 8tli inst. enclosing "'riu; hiiinbl'j addros.s of tlu; "inhabitants of llio District of Niu'^r^ira in tin; l'rovinc-5 of Upper " Canadn, fr.iinod pursuant to redolul.ons paKri^d at, a youuriil nioct- " iiif.f of the Frijojioldors, called by tho ;::.licriirand duly cotsvened in " tlie District Court lIouK! in the To^vo of Ni!i;:;ara, on k5;itutdviUClI. To Jo«ElMJ lIlML-, 1). r>. Viarn. AVI) \ W.H. L. MAf.'KE.NZti;, E-q.iueri. &v. t'- j. ^' No. 71, Vrtr m m ••■%.■ Ji;yi'.y /o an applh^ilion fa) c.'VtHa of M:m)ir.- a /•/rL'.'iw/ to ih' Cnlo- nkU (-llji'-e, hn\\ llovvick prnsoMtn liit^ cOin;V!inv:'ML-. to Mr. Mackenzie, end 111 coMipliuii'je wiiii ilia r.-'ipi '».', ii,'r:vv'ith leturirithe iiccoinpany,.!;;' papers forwarded to the ("olouial I) ii.iruiieat by Mi. Mackeii/.ie on the 'v*"),h July and ;jd iii.-t. , lu o.d.:f tau he luav retain copied ut tli-ni M J. UK jr.^JXiir- ■iTC, i^m^. -''i •mi' 191 ouiluK.siOM>t:lV( i: No. 72. 'Jou>niiig-Strcet, Qt/i September, 1832. 55IK, lam directed by Viscount Godericli to acknowledge tlio jecL'ij»t of your letters of the 27th August and 5th September. In answer to these conniiunications I have to inform yon, that the other addresses as well as that from the Niagara District have, in the usual manner, been laid betore His Majesty, and you are at liberty to state this fact to the persons by whom they have been signed without receiving a separate answer to each. With respect to the War Losses and llio state of the repre- 8 ntiition although, of course, he can enter into no discussion with any private individual on such subjects. Lord Goderich is willing to receive and to f)ay such attention as they nuiy appear to require to any further urkten statements you may think fit to submit to iiini, if you have any thing to offer wliidi can only be verbally communicated, His Lordship will not refuse on his return to town to afibrd you such opportunities of addressing him as his other avocations w ill allow. Mr. Thomas Aj)pleto;i's petition having been received un- accompanied by any acknowledgment from the Lieuteniiiit Governor, it was sent to 8ii' John (^olborne by the July nuiil, with directions to return it to INIr. Appleton witli a copy ol Lord Goderich's circular letter of 2(1 May, 1881. You did not even allude to Mr. Appleton's petition in your letter of tlio I'Jlh of Jimc, nor for some weeks subsequently, and Lord (loderich, tht^refore, presumed that it had been forwarded by the individual himself direct from Upper Cani'.da. On the subject of the papers which you request to have ic- ttu'ned, Lord Goderich directs me to observe, tl'.at it is ll;o practice of this ofiicc to retain for the pinpose of reference all papers which are enclosed in letters addressed to the Secie- taty of State, and that a departure from this rule njight le;id to the greatest inconvenience. A», however, you appear to have been ignorant of this being the cast', and in consideration ot the nature of some of the jiapers you are an^iousto recover, Lord Goderich has directed them to be returned, but he ihiidis it necessary that you should be distinctly warnc d that such an indulgence will not again be extended to you, and that all papers you may, in future, transn)it to him, will be deposited in this oflice as public doeunicnt?. With respect to llie mode of transmitting petitions to this country, Lord (nxlerieh is not aware in \\]r,\\ manner he can render more e.vplieii the iiifoiniatioii }oii have ali< ady re- ceived. Von have l»een told that (he kllej> enclosed in uiiuc l*'i':l 1 CoRRKSPOXDKNCE. 1 u( tlio 18th ult. wore sent by a mistake of the clerk by whom iliat letter was put up, and it has been pointed out to yon thut my letter of the 13th August distinctly refers to one enclosure only. Lord Goderich does not feel himself at liberty to make any application to liis Grace the Postmaster-General on the sub- ject of the petition which has been sent to you. The inhabi- tants of Upper Canada have a secure and easy mode of trans- mitting thoir complaints to the Throne, by the regular official channels, and permission could not, without much risque of ai)iise, be granted to individuals acting in no public capacity to receive packets free of postage. I am. Sir, Your most obedient Servant, IIOWICK. To Wm. L. Mackenzie, Esquire. 1\0. i.K ! ff Sir, Colonial Offick, Tucsdaij 2C)tft. 1 am drisired by Loi'-J Goderich to propose to to fall here on Saturday next at two, instead of tomorrow at |);i-;i twelve, aft the House of Lords meet at one o'clorU to u|) an Address to His Majesty. I am, Sir, Your Humble Servant, B. J. JJALFOl' 'Vo NV. Ti. MACKrNztK, Esquire, Sic. • SiC. you half send R. No. 71. .Sib, CoLOxiAL Office, } November 2d, Tuesday. \ liOrd Goderich has desired me to express his re- gret that the pressure of business should have prevented him seeing you since his return to Town. He now begs leave to pro- pone one o'clock on Tuesday next at this office for the interview wbith you desire. I am. Sir, Your Obedient Servant, H. J. ILVLFOUR. W. L. MACKrxziF, Esquire. &e. &c, ; llll!tii'':i|!'-!!r. ■f ''^^1 ■' i 190 Official Letter.^. No. 75. IJOLOMAI, OfFICK, ) Norcmhcr rtth. ^ T.onl riddi'iirli prrscnts his coni))l"mion(s to Mr. Mackenzie, Itp fifitls himself ()ljHp;('d to rlinnac tlie projioped hour for interview tninorrnw, to twelve oVIoek, instcnd of one ; which he hopes will not be iiieoiivenicnt to .Mr. MnoUeii/.io. W'ai. L. ftlACKKN'/.n:, E.squire. No. 70. Cor.oNiAii Office, ) November Glh. ^ Lord (loderidi is sorry to he ;iif;iiii olilijicd to put Mr. 3I;ickeii- :*ie oil", he lins now to propose twelve, o'clock on Wednesday iiisteiid of twelve toinonow. To W;,t. L. Mac KK.\/,n;, Esquire. MEJlOPw^MDUM. On Wednesday (he 7t1i of NovoDihcr lfio3, T had the lioooiii of a very long interview with thi? Secretary of Ktate, and on iIir day following the despatch w:ig written, which is an answer in part to my reprcseuialions. 1st Jan. 1H3.>. WM. L. MACKENZIE. No. 77. Sflcc'tois from Mr. Mar.J:<:}ir.;'\s Ojjictal Lif.fcrs to Lord Viscount Godcrich, It is Mdjrsfy^s Pr'incijml Secretary of State fur the Colotiir:^, transmitted Ity /lis Majesties Govrrnmnit to Jlis ErccUairy Sir Johii Col/jortw, K. C. D. for imblication hi Upper Canada^ and hy him laid be- fore the House of Assnnhliiy together with the Despatch of the S/// of Noi-einljer, ]'.S:>2. A. — Tlic Legislative Cnimcil. US.— Do, Do. C'« — The Bank Influence. itS* — EtUication. Kt— State Churches — Cloniy in U. C. F. — (^ivcnimoiit patronaiic, L C. Ck*— IMdenco of Colouial Misiule. f.E. — Coloiiinl OjTiccrs. 5> — Justices ol'tiic Peace. The Lr,(;i.'.L.V7'vi': C()rx( IT. 107 AT.SO, K. — Tritdo of tliP Cannd.i:?. Ji. — 'Tlio Laud (irantin;.' ISyslciii. v'i<)::i a Memoir nddrcnrpfl to Ihf Srci'Uirjj af SUi'r ; rcrcJvctt.ni' the Colonial 0£icv on f!i( 2'>t.h of Jidij, l^'ii^i, and eiirei^istp.red there, as " SitJciC;, Upper Canada." Tlio organization of tlic Lr^gislativo Council (tlio oficcts of which 1 :uu nlso desirous fully to detail iti a scpanite paper,) is fuirh ns to dejnivo lliat Horiorahln ]5ody of even tiie appearance of milepeiidence in its proceeding;;:. Its chief i)urpose, at present, :il)pcars to he the introdnciion of unpopular measures into tho f.'olonial Lcfrislature, and the shielding, in as great degree as pos5!il)|y may be, the scverid Colortiiil Governors, from that unpo- iHilarity, blame and re;ironch, which would be their portion if it I'cM to tiieir lot, (as it annually does to the lot of tlia Councils f,oc;isIativc of their nomination and choice) to negative and put ilowii measures originating in tho Assembly, of a character great- ly desiioJby the wdiole body of the people. Hitherto, the Houses of Assembly have scarcely pxcitcd pvcn - momentary attention in tliis Country when tliey forwarded A.\K l\FLrt:.\ci3. for only from a conviction o-oncrally entertained that, as vor? littlo iiarnioiiy is tbiind to [trovail Ijctweon the i)rosenl jni|)er- fect ropr(;s«iitative sy;;teni and tlio Coiinci!, (-is may be seen by tlio Lc'^i^lalivo Coiiucirs Joiii-iials of last session, 18;Vi, 1S;U), I8'i9, IS'i-^, lSi7, &,r.) a triin roMi-.^scMtation u-ouid but widen the breach miles'-- i;::'-'\! the Conned would yiuid to ti.e clearly expressed sense of the country in a L'rciiter i)oiated by the House of llcpresentatives of * Spfl Asieinbiii's .loiirnal?! I83^, Rt-pnrts on iho state of tlie cvtr- renc/. lit and 2nd. In tho Api'i.'H'lix. 1 1 Education. i(K) '.ho United Slates to cxuinino into tlic procectlinL's of tlio Di- i»!ctors oftlio United Statoi liiuik IjcCore renewing its clitirtor, and niailc this year to (.'oniMess by I»lr. Clayton, shews that members of C(jngress and editors of public Journals iiad bceu (an)pcred with, and the press subsidized to a very great extent, and that tlio whole IJoard of Directors had been j)ar- tii.'S to this undue inihience exercised. If these things are in a government like the U'nilcd t^tatcs, where there is u great re- sponsibility to public opinon acknowledged by public men, what may not be presumed in a secret institution like the Up- p(tr Cajiada Bank in the hands of the politicians 1 If a capi- alists monied interest can succeed in iulluencing leprrscnta- tion and tiie press, that representation will become more and more its instrument and a bandage overtluj eyes of the public:, '* the powerful, and, in the hands of a bad admii-iistration, the irresistable and corrui)ting iulluence (obsei ves Mr. McDulfie, the chairman on the ways and means, in his report to the llouso of Uepresentatives of the United States, 1830) \;]iicli a Government Bank would exercise over the elections of the romitry, constitutes an objection more imposing than all other* united. I\o matter by what means an administrrUion might get into [)ower, with such a tremendous engine in their iiands^ it would be almost impossible to displace them without some DjiraculoHs dj.^peasution of providence." ! From a memoir cnrcfilstcrcd in the Colonial OfrCt os " ?R«8, Vppcr Canada, 18;i;>."j I>. Education. The establishing [tlaces of learning for the children of per- sons holding situations under the local governmeni, and n few other wealtliy or inllucntial iudix ideals, at great j)ul)iic cost, biil ])laced beyond the controid of public opinion, and from which ihe sons of the yeomanry derive no betielit or advantage, w'uilc the exceedingly numerous and way reasonable petition* of that yeop.'ianry for public support to the all important cause (if {i;eneral edu<'ation throii(.hout t!ie colony are steadily resist- ed by peisons in aulhorit} , in and out of the Assembly, aiul oven declared to be uiuiecessnry in tlie present state of tho public fmauce,t lias the clfect of provciiling tliat steady in- t S(.'e Mr. Kobiueon's ile[>ort on Mr. U^^'oed's I'ttjoii, Asisomblj'a Journals. I !'■ ^n 200 .State CiiuRCHEii. crease of capahle nioii fit for jurors, for towiibli'i) aiul conii'y oH'iccrs, unci for llio lutlls of Li-'tMslation, whose fcclinirs (uitl in- terests would bo the most closoly united and idcjitifjcd vvjili tho welfare, the ha|»ijincsii, the general prosperity of iheir iia- live country, and whose minds would (undi-r a holt(M- order ol things) bticome fiitrd for the correct traiisaclion of the public business of the colony by previous observation, study, ariii contempliitlon. [The existing'; system raises up and iiudlijilios groutly in the colony the friends and sup])orters of arbitrary and exclusive principles und institutions.] I am d(;sirous ol makin,!^ ginieral education tho subject of a separate comniu- nication — [iSee also the Report of tho Select Connnittee olthf House of Assembly on Education, Journal Assembly, 18"»0 — Appendix]. [Fuo.M Tin: samk.] State €hur4;hes— €!ers:yi2iesa fa the The just and necessary influence of the Assembly is weak- ened by the govermnent taking tho money of the people of England and Canada, and in op[)osition to tliu continual remoii- slrancea of the inhabitants, sending forth tho priesthood ol three separate and distinct churclies, salaried by tho state, to teach and preach t!ie most opposite and conilicting religious doctrines at the piibfic expense. These preachers aro tauL-lil to meddle in the political (juarrels of factions and parties by their leaders being accommodated Vvith seats in tho i)olitical councils of the state , a bench of spiritual Peers of conflict- ing creeds; Bishops and Archdeacons, legislating for liritisli North America, in the 19th century ! It is generally believed that tho Orange Lodges and tho disputes engendered between the Irish emigrants of different persuasions would never have been revived in tho colony but for the policy of the gov ernracnt to keep in j)ay a political priesthood of the most discordant materials, the clergy of tho minority too — in order to regulate public opinion. (FnOM THE SAMi: MliMOdl.) Difficulties in Lower Canada relative to (Joverntnent pa- tronage, iiijhiencing the actions of the House of Assemblij. Lower C«na!i»turt! altfMiiptiti'^ ti) rcnuMly i!ic evil so far its i'elatrs K) fliu purity (»!' Kicctioiis, by iutroiliicing juid passing Bills, wliicli, it would iippcar, this doveinnicnt disii])provod of", (lliDiiLdi tli(! Law ol" Eii^Iaiul) is applied to Lower Canada, for die laiu Administration had cilhor advisid the King to wiihhold tlio Royal ^ianction, or elso they had declined to advise his L'iving his assent. Li the Session of 1S31, Mr. Neilson intro- duced in the Assembly the two following resolutions, which were adopted without niat'Mial variation by the House : — First " That until such time as tlvo Royal Assent shall bo " yiveii to a Bill conformuble to the resolution of this House of " tho 17 th March, 1825, for vacating the scats of Members ' accepting oiyioe s, and similar to the bills passed by this House " in the years 1S25, 1827, 1028 and ISoO, tho second and "fourth of which were reserved for the signification of His "Majesty's pleasure, the seat of any Member of this House " who shall accept of any ollke or place of profit under tho " Crown in this province,or become accountable for any public " money raised within this Province, shall, by this acceptance, " be d(;emed by this House to bo vacant, and a new writ shall " be issued fur a new election, as if sncli person so accepting " was naturally dead; nevertheless auch person shall be capa- " bio of being again re-elected, and of sitting and voting in " this House, us if his scat had not been vacated as aforesaid." Second, *' That any Member of this House, sitting and vot- " ing therein after such acceptance, without such rc-clcction, '' bo expelled the House." ' W?^ (From the same Memoir.) 2,838, Upper Canada, 1332. Some few evidences of colonial misndc and of the neglect which His 3lajestif''i late Government and the Lieute- nant Governorii appointed under them have treated the efforts made hi/ the ninth and tenth Parliaments to ^ivc effect to the oinnions of the land o toners of the colony: Isf. The Local Legislatin-n (in Assembly) resolved, that the amnud appropriation of iil0,825 derived iVom sales of land was improvidenlly misapplied. (See their Journal, page 07, 1829,) The abuse was coniimicd. 2d They resolved, (see sunic p^g*-') that the Local Govern 'ill! m Ill «.(■ *l ■ V'1' > i McAiuiu. inont had uhused tlic a]>[>licrition of tliu fiiiul irrnuleiJ fur U14 u'Jiiiinistratioii (jljiisiicd. iSo rcnit'dy \\u-> jTovided. iJd. Tlioy itjsulv(!d (|»aoo 08) that tlio loyalty and ufUirh- lucnt of till! p(JO|)le to His Majesty's person uiid governiuont, would, if possihle, bo stre))trtl)eiio(i by loiiviiiLT tliein witli their local legislature ami the executive to their own internal con- cerns, and by discountcnancinj; all private and injurious re- presentations made for llic purpose of counteractinj^ the best directed exertions for the correction of public, abuses ; wliicli private and injiu'ious representations liavo hitherto been too successfully made to promote misrule and protect the author^ of it. TIjo valuable series of resolves from which these arc tak(>n, were comnuinicaled to the Ijieutcnant (Jovernor; doubtless his instructions prevented him IVom alt('!)dinemen of — - ^ -...- -J — — -^ — _____ . Upper Canada ; for it would promote the public }j;ood. Mr. Throop's remarks were as follow : " 'J'lie wealth, tho — I .._-_ _- _., . _ - ^ ,,,, •* trade, the external ]iomp of a nation do not always indicaift " a hajipy condition of lliC jiroplo who compo>.«e it. IMiroit^di " the perversions b}' man of the bles.>lnifs which a kind Pro- ** vidence designs for nil his roasonaLIo creatures, we soine- '• limes witness the iiicon'rrwily of cjreat apparent nntional " [)rosperity, v.liilu a larvo proportion of the p.opulation dc- " privcd of every comfort are absorlied in the cares of pro- •* curing the means to sustain life. It is not so with us. — *' IIi:re natii>nal prospcrU 11 is fh.v praqxriti/ of crcri/ ivdh'l- " nuul ; nut a cod is conirihiitcd bij vojj of far, not a dollar •' is expended from thr pvhJic cnffcra irJiich is not. asscnfrd to '• hi/ (he people, and cniploncd to enlarge their means of en- ** jot/menl.^^ In Uj)pcr Canada, as tliis report abundantly shews, the opinions of the people arc as much imrcprescnti'd in the pro- sent Parliament as th(\y were iburleen years a!j;o when the Gag-law passed, making it a crime lor t!i(;m to meet an;irtnu'iiL — iind ;uli!ressr»i flic Li'Mitcriaiit Ciovcinor, rr(iu( -liii!^' Ijiin to Turwrird It to Lr)ti(loii. (8no Jniini.il of As^ctuhly, 1S25-0, pnucs 58, GU , Hiiil ll'i). To tills (Liy, 1 1)( liuvc, it rcniiins iiDnnsvcrecT, lo he inn'j:iiili('(l iiit o crime " hy the festiniony of seeret inCorniers. Tf there r;iii lonj^er ex- " ist a ])olilieal inquiHilimi whieh shull scnn the motives of every " tiiitiilii! servant of the piihiie. if tl;e anll-orities in Canada " sh'.til Iminhle tlic indepete.ienee of tlie Legishitiirn hy seandal- lip'r them to he ordered to (inebec iznic; Its nieni!)rrs luicl cans iitid thence to r.iisland, to sustain a fate which under such rnirohoration ;.s Lord Drdhonsic received, miijiit cover them " uilh i'lnominv, or hrinir them, however )cei)t, to the hlock or if the inemhers of oiir eoiniriuiiily shall he awed into politi- cal sn!)serviency by ihe fear of oppression, or inred hy the cor- rupt hope of partieip: ima guilty tavors: tlien indeed will th( prospect before ns lower, and this fine I'roviiice become a dia- tiuit api)eini,ige of a mit^luy empire, ruled hy a few aspiring men wi thtli e scourge ol power. ()th. Another extract will serve to show how little jnnucn CO the House had with the Government here, and in Canada, when it presumed to censure; A IMi'. Forsyih complained to tiie House of mi.sronduct in t!i(! (^'rown OJircrs and of other erievanres, irichidinc; a ■• s fo. As.srinIil)'V .Journnl, ^^^2B, i>nge 122 ; unddo. do. for 18:i6.7, r^gcs 31 iyiil G;J, and A;ipendix P. ■1,1 t^"^ . *^ ' f! 204 ^ri-.?.ioii;. rlinro'C' .iriiiir-t Ciijitain r'liilpolt.«; of llic Ku;,;>j Kiiciiims, (.T vioI'Mit roiiiliict IIS A inililiiiy otViccr in a case iiiciitionrd. 'I'Im' lluijso ;i|)|)oiiitP(l a coiinuilti'o of cnt|Miry, of wliiiii Mr. Kolpli wns tlio ( luiiiriifin; jumI lln' report oi'tliiit roiinniiiti (wliirli conMiroiH C.';i|)i,iiii I'liilpolts and \\i" local Govern nionl) was njfcrrcd liuii to tlx; cominillco, addiliooal ovldeiire taken, and tlio wliolo r('p(n'ted to tlio Houso and ordered to l>o pritited. On anollior of Mr. Forsytli's p(!tilioii]ily to them for professional " aid, and jitsticc therefore, in many cases, fail, nnless the " ri;_dit.s of prosccntors and of the Dararo asserted and npliekl, " as in Eni^land. From tho testimony Q;iven,yonr Committee " do not hesitate to come to that conclusion, in which they " an; supported by the testimony of tho IIonoral)lG IMr. .Tns- " tico Willis, and nearly all the . itnc.^ses examined." The reports and evidence are printed in tho appendix in the .Tonrnal of lSx»3; but they only afforded additional proof of tho nttcr powerlessncss of the House to do anght relative to [)nblic wrongs except to comjd.iin of tliem, to the p(M"soiial injury perhaps of many members who might act thus independent!}'. So it teas in tkc present instance. Of \\\h Report the accused took no public notice, but the + Not long sinco arrived from tho colony of Uppor Ciinada. t I cmsod iho Reports of tljnro Committer's to bo publislied nnd rommeiiled in tlio Rcvcro^t tertns upon llie aiValr of Capt. PliilpotlH and llio Crown Ollicors, iusomncli t!iat tlie fjrand jury prosonlod mo for libel — (tlint la to say, tlin (»ov?rninont mtfrnhd to proi>iccM*e) but no indncom'iiit could prevail up-^m Ibo prcsotit Chief Jiintien, then first Crown Oni!"^r, to let the matter ^o to trial, nnd it never wn.« tiiod. The lato Su'veyor General, when asked to attend and give f.vidoneo at tlio IIoupc of Assembly, said In; must first obtain tlin Covornor'a leave, as nn executive oPiicor, nnd the Lefristative Coim- ril's permission, as a Icjiislatcr ; antl sf) fearful nuist Colonels Civiiis and CoUiii have licen of implicatiMii'iniil('i (Jovcrii- cvlik'iu'c rdrml to ii I sfloct ?, that " it I lie most lify liavi' tnve, iVoiv llio mo-;t 1 tlin locjil , M'lin t'X- )Scrntions .Mill C»ao' ', orbciitu nf tlio ci- tliat pro- •ofcssional unless tlir 11(1 ujilioUl, 'ommlttco 10 irh tlirv ]\Ir. Jrs- ' Tlif Journal tlio nttcr c UTOnrjS rliapa of it was in but tlic ti islird mill riiilpotla sonlpfl inn cn*c) but icn, llinii icvor wn^ and pivfi btain tlio ivo C'otin. elfl (iiviiiK Hint tliry imony lio- ; so thry tbin Attorney GjhoimI aMrassod a secret communication to t!io LicMtciia.U Gjvltikh-, fjr t!uj ('olo:ii;il D.'[):irtnient, wliicij it ibily rLMCiK'tl, iu wliicli ha thus cliaractt'iizeil soiuo oftlrJiiiDsi diltiiiiiushcd iMiMiliL-r-? of th" llotisic, Iiisftllow U virusj i: iriv.>^. " Ifii ;),•(,• I". 'iliiic-' is f.'lt f.ir ilic sy;»tciD in us uso " ■- • - -|- -• •-■ x.«^. .-.w ....w " tlier.', [i 1 C i\;l-iii'l,] I liavc ii'vui hoaid it (.>xiirL'si.i;J by any •' |)MVii>;) , a:i.l lint it ii 'l"ci(li'i| y my Itulii!', vvirli vi ry {Tood "in.!:i:ii of o!>.-*'.'rv-i!ii):i. t!i:it vvliaii-Nir iiicindifcs may in timu " I):? e 41 itcJ, a iy (li^sati^l'u• ii.i w i!i i!i;,' pr ':o t systt'in uf co i- " il iciinij eriinuiil prosL-cuiioii^;, iii liic «. uiiis of Oyer and *' Tonnin'.M-, is at pr.-'^r'iit cicili.i^'d to a vury fuw iiidi- "vidnal.i ill till' V<'<;"n!i!y, \vli:is(' opposition to every ar- " ran ^t'luiMit aad iiisticulioii of tlu GovL'nmio'nt U very indis- " criiuiiiatiiiir." This coiuai'iiiica'iion was nrid;-, as I liav.^ b.-.'foro stated, in s-:crct — it wis iii!vcr iai-ji; I ; I t'> !»-; i.m In l.tiown to tlia per- sons atta'jiii'il. 'I'h.'y liul no opportiinify to rcfiito the ca- !,M) ly : ail 1, a', fi'/sl, w'rvi ia'JTio r itt:;! by a Coinmitteo of thj AiSjiu'oly, M,-. It )Iiiis'>i (1 'clia.! 1 t) av,).v thu an'.ha.ship, con-iIJuriti-f th ; ditc iiiiont iVoiu waiih ii had biM;n t ken, so- cr!!t and confi le itia!.* It was, howover, soon after mado public, "^rii'.^ ciK»',cjo it C'Mit.ii:: J wa< uf a n> )-.i ■-ei ions nature; it was that of an UMprincipIc 1 oppo>,ilio:i \o all tho measures f::ii ia->iiia;i',>,is oi" thii (J jvi.'i'n'iifiit. "Mr. It'ibinson might i-i '.voll h:»v^' si'fnnly cl'..u';.p.n hi.. Iii'oihi.'r nif-mljcrs v.ith hav- i !,' bcj'A eoinbin '.1 in a tr li ii.-o is conspiracy against the G )v;"-;r.n-.'iit no i .r covor of a l',:;!i!"ul dischareo of tiieir Far- lirn»iiiary ditii's. Tli' c'.ar'i',' was not oI'^fL-d to tlie iiotice of t;iL> pv;i;p!(' a:n>'ri; wIjdih i!-' iru'iii.'s liviod, v.!:t'r(! it could b,3 opjaly a;ii lairlv ml, l-iit \v;!s transmitt'.vl to persons at a dMt;i.K:<', who coiM j i lj;> oi' tl!,> ar/M .aii<);i only from the so- le; ;n i ai.l c>a!ileiiiil iin;i;i"r i;i \v!!i;'Ii it wis preferred, and fi'.iaj t!ie s!a lii'i,^ a.i.l o.Ti','i:d clKtractcr of the acd to protect his own pocket from the hand of h cal i'(>;renclimer)t; aa.l ii orlr to .1 > l.ii-, he attempt •. I to pre lindic^i o:;3 bancli uf t!ie .'acy of li. Kxcci; uve niittec as tiiat ( f tli tation Council of tho Colony. 7th. Sir Pcrc^jrir.o M.',!!:.';!'! s^mi ("i^iai-r-c d "-Ir. Jujtico Willis. Why he did so, tho c'i,;;actfii«iir (■i-jiiuclios sent i>y him to tlio (Joloii'nl OiVu light, will shcr . Tiir-v a , ai'd \k;ii(:i hrivo siiiiro :ccn tho- S;t. cir,'!: ;is oi't!:;; .--yst'iij oi' espi- onage to \Vhich many a woriliv !i;;i!; ;:i Tpp'-r (i'linda has i',d- len a victim. Sir 1*. [\iait'-tMd rrixini.jd ij;,' ('!;:>[, )in iIons<» OiHcer at tlm Port oi' Kiaf.-slon to ;i ,'•■ nt on ihe ';cucli of Jus- tice in iMr. Willie' room, tlu- o-iur pi'isiu^ Jiidae of the Colo- ny havinir tirn Itv-n n'irn;!y evahi d f]i>in tho Cusloni iloaso either of 13rock\ ilio or i'lc-oott. lils MxrcIIcacy about ihis tune quarrelled wiih t!ie i.'utii Parlianu if, on tin; Allen Qiios- tioii and other inalter^-, and hoiiie very rriu rally di.^hkcJ through the Colony, v.:;^ prcaio'.cd ?o tiio inipoitaiii Gnvcrn- onent of Nova Srolia, car:-yin.f wlih iii;'.i n^aiHy a:Vocliona(o Addresses at partiu'.', conliiiii!!''! ihoa^^ands of si-.na.'niis-. Among the most prominent A.'is mT jLc last \>':\r of his admi- nistration, aas his receivii!': Addu-s^os, in v.iiirli the IIoiiso of Assemhly was character •'■^'d ;-. . rac'doiis d( lariio'iies v.ilh an expression o\' hicli satisiaciio!!.* Lord Daliiousie did tho same to the most x'iolent dctlamatioiis against ilie A.-,soinMy of Lower Canada. t 8th. On tiie TJih of Jannary, P-riO, an .Vddress 1 y thr. House of Assembly, pnssed in il'o I'iiU Parliament to the new Governor, Sir.Tohn Coihornc, by a voie of 5)7 to 1, pray- ing against tho injarions polirv of the Provincial Adnilid-fra- tion, and lamenting that fl's i'vocUoMfy's coiu'ldential advi.i- ers wore pi;rsoiis vriio Isad deeply woinvlcd and iiijiuo;! tl;n best interests ef the f-onntry, in wide!:, (ihey staled,) thw ndministraiion of ju^iife had not risen above .'^nspicion. * See I''ilpIr. Jj5iic(; Willis' disiiiis.sa!, to be a Puisne Judge ; Mr. Robinson, who had deramcd them to be Chief Justice, and Speaker of liio Le.ri.-lative Council. (His whole public Ufo h id been one cdulinued attack on popular ri;^!us.) His bro- tli.T, .Mr. Pet r Ivubiiiso;:, had a newo(iice,at £1,200 a year carved out for i.'iiii : ills reltiii<)!i, the Solicitor CJeneral was (riv(;n the Vf:Ci<;it Attoru'-y Generalship. Dr. Strachan had tiiii cont:-(d for fho new (.'olle;:-'', Glel>e Lands, and iargo grants of valuaM/ public pra;)(!rty near York : Pdr. Campbell (who had, like Mr. Powell, been piaced in the Chief Jus- ticeship, pro t(M;);)0!-e,) had a j)i".5sion of £1., 200 sterlinjr, a year, and was kniqhted ; and the other Jud^e had £1,000 ; and in all tlils ihn Coli'nists ircrc nrvrr onrc consultcd-^-ilieir opinion io the con'rarij was en rrcunl. Cut in these days llie Assom'ily was not, as now, ronsideied by the Government to speak tl;e soiisl' of the jieople. Sucli proceedings were well calculated to dl-vTUst spirited and independent men, and prevent t'leiu fioui accepiiuL' seats in a body treated with such supreme conteiiip.t. Howeverbad the public Odicers might have acted, there was no Court of Impeachment nearer than the Privy Council in this capital. Extrncts from a Memoir, addre^'sod by special permission, TO Lord Viscoiiot Goderich, his iMaJe^ty's Princi))al Secretary of Stat;! for the Colunics, recei\c'i i) 1^' ii;irr;r.v cr cx'-iijsivi' riiNiin-, tl'cy (mjumii Iw too rii- tirely (.lis:iv tliU sr.fli iiu'';di.)i:s di ,ti.:cii()!is ihoiild hr niniiUfiitiod," a bcli'.'f tlist thi> s:uii;' |;i iiiri^M; wom',! \,v. vxtr\:d:A to Upper C'a;i;iJ:i, inluct;.! iiii! to Ir-roni;: a p;'ii ioiit-r for crjijuiiintf into the p:il) ic coiuhtrt oi'tliat uliicrr, i\ rerpoci to \\l.i(h, I now, with your LordN!!ij)'s pcrriiisbioii, rcirpecti'ully submit tl;c fol- lowiiijr ohsorvntions : — Tilt; sitiiiUioii of Lioiiton.'int Covrrnor nnd Commfindcr of tho Forces of I'ppvr CaiKidn is one of, priLaji:', ^I'rntrr cnio- Juiient thnri any oth.-r on tho Contincnf ol' rsorih America, with tlic exception o! tlio riovpii.>or>hip in Cliicf of British A- ineric;i and the Prtsidcruv ofli'c l'nit> d Su.tcs : tl;o salary of tho incmnhiMit is £.J,()00 sterliu'j: a-yc :ir, iu^sidcs a share of certain sniz;iros ; prcai^ patfo'i;uro ; a splendid mansion upJield by the I'rovince ; and tho ii;conio at"l otht r rulvjKitacis at- taclicd to t!;e Cliief Command of tl;e Troop'=5 ; wliilo iho ex- penditure in a cour.try, like Cinada, wl.vir tii(> r.eccsparics, and many of llic liiMiiies of Lie, inc wry imv in price, is comparatively small. Wh(!lher ilie arcjiilrement of er; a!rr wenlth and property, orof p;rsanal fomfiit in a lonMhTate ciioritc! wi'i ili(> pleai- in inuiiecli- Dtidv in \]c\v, the hi'ih oilico of roprosentativo of His l\]a]<'sty in Upper Canada is, in my hnmlde opitiion, i),v prci'cra'do to offico ill London witli .'.'. salary of £0,()(K) or e\ :mi £8,000 a year. — It is eqeal !o the official value of 2(^000 aeres of the best surveyed j)u!ilic Lun!-; ii\ fee->im|i!(\ Land which will bo wordi ten times the e^'.Ii'iafed seliinif price, luider any Gov- ernment which can continee to exist in t!ie Colony for any liMi;:^th of timr>. It may be inferred that an indi\ idnal tlaig amply reconiper.sed by the couniry, ai;d hoiKM-ed by ins Soverei^rn on.rht to spare no exr-.-'inn to in'ov(> to the colonists that the seen ity of properly and civ il rji'hts, the improvement of the Province, th'^ ec(>non;i'';:i ; \|)e:idi;!iro of its resonrces, the redress of real tjrieva'ices, an;l t!io advavicenieni ot' general education, are oloerts v/hicl: '.^;ay bv as f/.'y attained I'.inli'ra Llc;iten:iit of ilU. M i!"-;tv. c!!'>s"n wit'i the advico of a Coun- cil, nos",essin-T irh", V'/nral. and eid:iri:red vifiws, as tlif y would be if the Cidef Magistrate \v re cl:(>sen by themsc Ives from among their rnost respected and t'icd statesmen, as is the caso in tho adjoiuing R(>pnblics. What a vcmarkablo contrast 1« MinioiR. 20() prpsrntoi] to tlic eye of die Canndians wlio rnmiiaro the last ten years' niO'^sot'Cs ol'tiu! Covcniois of ?<( w-Vurk St-'ite with [ho. last ten vcari' spccclu's of iIk? Liinitci;;'?)! Governors of I'piKT C^iiKiila. * * * * * # 'i'li;; (/('vcrnor of I'pi"^!' C'i:n;:(u-), il' \r rr.cs Ms (.'utj' lias a . •' „,.:./ .! 4 . , ,. „,.,..• J.,..! ....,, ,-,,.,. ., I rl . r^ 111 11V i > ■,.ll. 11 _, 11 y>, 1.: j.< I , £.1 ■ !;•. lUl 1 I (ll I li< » , li i 1 ■ » UUIII fi-')!ii rcilipioiis pii'jiKliccp, wva] n (ii[)()siiion to avoiil giving of- fi'nco to l:i< Mijr iiy's stihjfcls Ijccai.iso thL'ii' views of (jovcrn- iiK'iit ill {Jliurcli and Slaio may not, in rvo-y rtf^i '^ct, accord with Ills ou n, AI).)\o all iluac's, i'<; oi;<,!;l not lo «'?,iiii;ate a innn's loyally tr> his Ki!^G.• liy tlic tls iTrot; ol" rosprrl l;o mani- (es's fir iho \v(;;'.i;!i ;ind wnri.-i'y pr.wcr ot* tho < linrrli by law cstablislu'd in this part of (hi' i'-iand oi Great i'l iSiiin, nor ranf liiniselt" as a (:iintro\er:ialist and parli/.an of liso frw, ov'Tstep the hounds pri'scrii.ed hy the fiinriions of his liigll ofTi'.-.o, and wantonly injure tlio f(jeiin<:s ol' ihv? many h'V at- tach inj:^ tiic n)ini;:ters of relii-ion, M'leni li'.ey esw < m, and whose iiifiUfnce and hearty eo-op.'raiir,n is ,nd the variur.s indications of public opinion : ho is pinced i;i a situruic.n to atiain na-.f Ii vah?al,lo iarDrmalhin coucerniu'T the efi'-'Ct of ihc; !"\\ s ropiihitinfr trade^ foninicrca and nnmufictures in Canada, aiul the a('joining Repn!)li(* — to jadi;*' ol" llie conserpienr*'?. of the j-rci^rni corn- laws in drav.i.j!; away or jn-c'ventir::: End; latien tc the oppo- si;r; shore- — fo rea-on and re'liCi on th" pa'ol'ahle opeiation of t:;ose c!;;in'^n?; so uoMdt desired !)y (lia cohiuists, hoth as affertiufr interes's liei'o and interests l;<'yond tl •• Atlantic— Should dKriculties (htu- on I'le rontir.enl of lairojic of an unfore'seen and unexpected nature, . d Rrilain have licr Innds full, it would he an ini|)oriant pidnt p;ciined to liave tranqaili/.ed ("ppiM- (^uiada in llir fn>; instance, winic timo re- m ainad for that purpose. )\>\'^ that i'sti'-e to tia.^ attacr Bi nnnt of its p.\)p!e to His ]\ i.'styVs (joverrinient and the Bri» tisli nation, v.-lTuh th.-n'r patn tisni has nn-rited, and would still more illv merit. >en d 10 I >ii(>r Kia a (.ii.vernor acciis* t!)n>od to civil rnl<\ of kiudlv disiiosiiious and who will not SOCOD! \ev, Doct or Stracluurs vi<'^v: for converii :g tho population to tlie Rstaidislied (dmrcli of thi-- country, and groat advanta^To ly'dl he sjained to England and to her colonists. If a more iM,-.t and cnaitahle policy v.erc pin-?!tn'd towards tho ci)li)nic>5, if it wen' kept in nicniory by aH who seek to pre» sorvo the unity of tho Empire, that the Canadians however great their interests and inclinations to remain connected for Qjes to come, with the Parent Slate, ntider nfood government, would suffer i'nr less from an easy separation from Gt. Britain ■''5 *, if!' ilO ]Mi;\!0!K. ii •thsa would Dia.i'M Ijcr-'. If, wi'li whom tlsrir rommcrcc, in a coioiii.i! St itf, liuy bi^ !;r/-aiy aiiijuiciiiril, Ii" it wore recollect- ed, tli.it alliu»!!';!i J !:!',!. II, ti ( ntiov-.d (iuve-fourtlis nl'tlie trado uf I'm;.' i-J iMi'l'.i;,' 'IS, tl Mislcs* !)cton' 17D(), eveniu- \r;s (irricd on wiilioiit any supfdios, and '"'■">''■;■; nili s iii tlioso days, was to conci- u raic as possible, br.t trnst tlic pfo- ;is i'.iiK taro?;t r^avu away to j'.a;i-ii)i!s!ii nvIk n llio c(di)ni.».ts of tiiat day thoiiviii )ii< ir iVi'o iii>li;i.;ii)ii'. \i(mc rdioi-t in bo subverted and ihcir rHi'i'r.iis |;iiv;i(';.';':, iMUrfi r( d v-iil;, in siicli case there- suits v.'oiiid ii'-' riiur*! sa',' l"!Cl!;ry tlian ever ran a system snp- pi)rtnd by v.eaUli a:i;I i;"liic iii'liicnco i)i th;; hands ol" a few, und n-''tl to tli" (!i>:id\ .Uit.iire ol't!:!.' coiiianiniiy. In th.' remarks 1 a;n tiboni to make rospectinj}; tiie conduct of '3Ir Jo'iii (^t)!;oin^', I w.^M liOt he nnderstood to atlach much bbini;> to liim-uh' iDr'!', ilii illy, Init to the systeni he per- haps wiUinLiy toilo'.vf I, iiiit V, l:ich lie must iiave I'ollowed whc- th:?r v'.ili or a-i;;i.>t liis v/Iii, iii onk-r to remain in Tapper Canad.i a; ii > C'iik.i ."via'.ristrpic iloranie into liie country a straii'jfT t.) ik:- pi!0|)l;', tliii;- <'i;:,i.-,i!is aiid ihi'ir majiiRM'S, ho found tko pt'T.vMis \\\i.) iii.d jniivlv d lii- jM'i'driessor prepared to ndvise iiint, k'.' f.iu'id Dr. ^Shaciian and kii colleagues in pos- sesbiou uf iko •. •.•altii, buiir-rs, einolunuMiis, intlnence, and re- sonrco : of i':..-! Province, \\]ilu! il-e Ho;;'-." o\' Assembly was iioi>lec.ted, and iis r!'nio!i.tra'i''('s utterly (k s))ised ; he found thai th; ' ^vcir.iri. that ikt! |>oli..:y oi ll:iU' llio peooi'', 1 p!e uiik iioikki.;, ko.-p tin ni powerless and obedient. Sir Pereaiiij^ iMiiiil.siid k id lieen raised to hi'_dier honors after havin<; puruied a inn-,) nipop'ikir course in l/pjier Canada ; Dr. .Strai:!ia:i h;d kiu! o!',ii (s aiul :i lii n !'.)r ^ii'iitiini;- a. lirni tho' luil very consistent supjv>i"ter ot'iii";!) c'.iiir; k [/releiisions in a country where very few, ev a oi' tiu f-w !i;.': cojialians it contains had the least desire I'cir t:':'..)..i;d p,r;>eiiilnenec, His Excellency resigned hims,"U' entirely to tin' triiidai'c;; of those whom the Rev. Dr. couki inikit'ii'".' at Ids v. ill, b( came a firm siijiporter of cstnh- lislicd a');se-, Iht; i i'i re;] vidi tko rc-liL':ious [irivileges of the ' piN)!)k\ h:i ! ii! a uhv^r iin.'i-acio;;;; and inappropriate moment d«'clared his 1)^1^1" ;',;' a'l ti:e r-ianders wliicdi had been heaped upon tlie disseniers, o'.i:do;!!;.r even Dr. .Sirachan himself in his * A lato yrri'; ol' tn'.-i C'uui-t niriiiift llin admis^.sioii of nriti.sli maim. factui'c-L-i [>r<'('e''i- n irr<';.t si'i'Kiii.n.'a in Esisliinil. I wisli it niny pra. duco a i!!Ji)'>sitinii th v.' 1'> vcm:'-. 'mr coimiicrco in all their doiiiini. ons on aiivantuTPous teni.s. 'i'iiis is tin! only Inilm wliicli can heal tlio wo'iii'ls lii.ii. ii lias n coivod. It is hut too true flint tiiat country furnialioil iii,Tr'a<'fs ti-r 'lo'ce-'' 'nil.f^ of tho c.\-|;oils of ll;o eight north. ernrhnsi ."'tutf.s: atnit'i not proppr to bespoken of, but which should "influf^tieo onr Droecixkii;.'^ v.ith tlicni. (Jeliovson'H l\[cnioirs, letter OS, (lato'J Vu'ifi, A 11^. 17^5, ajil addrciied to the lato Colouol Munro.) ^ii All;;. lOiR. 211 p^prosiiiMis of uvcr-jiu!) anrl i!!-!)];'; to ? ivir-i-'-,-.;'! .iiir! vc'^pfir- lable boJy, tlio^xUMisioii "jf wIkv :• i):(!!u>!;cc !; • (irplorrd vvliiln he rcj^rctiocl thv siniill iiimuIk'is ol' liis nun s-rct. 1 kn-iw no one pii''!i<- iiKlivilira! v. Iio has Imth iiiort! cuncssc.!, and iiuiior- p(l, nu.l pi'oinorcd to t;:\M.i'i- v.c.nJ;, I.iii.ii'.'.cc asid di-tiijction bv the Brillsli (jovcmikiumi! ihan Dr. Sl .••iv jiis^rrociil v,i;('n f rdhnn as I now i)U)st sine' Tcly (!,> mv '.■unvlc!!-.!.' fiint \\^v Di' I:is (I (laro .s;iy iiiiii)toiitiuii;i!<,) ^op: ii\r,.-(- lo \.; :ji ilio af i 'iior.s c-f tlir p(N)ple from !>rilis!i rii: % miw to irv;";\- . '.r.o'; iiuir n^iinds (if it u'cro po';-i!.il'/) ;» soiiscot" [i^ii.-!. i.)i-..>;i.i', i^-in any oll.cr imlividiKil now Hvin?'. !':• ]■-■■ :•;: ■.:lyv-i.'.vo C ■ini'-i!:^ i-, a Lo- rfisl'itivo Coinit'iliov. PiV^isciit o:'l':" ('ii',' •■''^, :lu^ \it( M:\n:V of iis (^ouiici!, n Civil ?.];!:;i.,'i;;',>% !l;;c;.;i- ..i' V<>;I., Mi'-M<>n;iry tu t!ic Society foi' proiii'iil;:,/: ( '!,.''>li':i i\;> r, i • iiKOiilicr (v!'il;o L'Uid f*o;in»:i!, Prv^iri^sii oi" li;'- i'f'^\': ••■'•■\\ t>i;-;r;l ol' r.di-.ca- tion, S.siiof M.-io'x!' ot' t':'- !)(':.;■.'; ■;." i ^■i;.''.i:i"0 iil !:!!( ■^"f>n Djsjrifl'', and ;i very r\t;oi..;\c' Lum •-■,'. '.i',- — r( '■■ ivtr i :* il.ff )io\v'::;t;!i;- 1< ;.idasnDi- rc'ttT (if tii;it i I ^'itlui.;!l, Arcii'lf ■;• ii oi' [hr <'':!!;t'i of Lng« liiml, I) )Ctor in Di.l.ni v, a ('o.';;;-.! -' .rirr u.iv^r .iv? Heir snd Di;vi,'^''0 Act lor p:-'V:;i2- Ii .-.■.•v^ lo IL-!;' <■<, a Ti'iistcc; ni' \hn Royal rn:5ti!iitioi), ;rid i'l la-t Ijiiis i;;or;' "^i'lir^'iiOis Ii!-!!) I rnn call to my rt'!ne.!i:;r;!:c'c. Aii mt > K' nrr-o:;-, jv.lilionfd iIi.d II Hi.^0 ofCominoas a;::i:;r t !!'■; Mi-rcj-;- ■•^••)lal;^:)is wliilo b^r?, ti'.o ('aiKidii Coaiaiiiir:'"-; i-i"'-'!t (■■■:;:r-,( ,1 llien^, a';d S!!r:cof3!vo lli)!!st;s of As^cnioly t i'iiip!.i!:i" ! ol' (!.■!!!, a: i: lO >!i. u' ilir Pio- viaro tliat t!ic D;!c;.ii" v. a^ oi' i!!'!!'" i of the wli.tio coaaii'v, ni'v,' i;.'.ii"!"> \ jrr.ints of the cho- hiai !is ail csiV't; d to .aa'.ifo r'lan dio opinion h;-:!-: ;l i;;v.;i ':i:n, V(:\v |MM,iO;ij fM >\i Land 1 "<■!! witli incroai • ! lis ailooU'il cr;- vl a! ■vol', !t Oil [:\c i; ii.o-i!iiia! r.i:lV(?V-.i ^l^l ,'; 5)i ;.('>;cv. ou on liis iT'l)ukes lOiU^'Cr I: rh.iaiud o tlio pra<"(' •tl an i \L' :\,.i' I li'jiit.'n'nit ^ 1 uv.-r ■.c of i)ro^oria'v M f Ca;ia' lislant Nvlioi) tl!)^ 1 'i'Mto ^^■lil ii: -t :!i(> ",; ;v <" b- IK :u t n d to t! ir 10 p(!rfonn:uico oi" Ifn firi'."t!o:n a< ,i i Gi)-,p,"l — won] 1 a niini;.:;-!' of St \;! Ciiiliolics of L'oliad, iir (o r, tain t!;! ' 1 ; a i (■ ac^ ol r. o\v C matia, lioa.tno'.r • Ol ti;o cvorlaPTing •t to slial! ,ai't low.-ifds liiam ;'.•.; visiM' !)]•. Straclrin Ian o d: :i < JU ;iTi(' ana !i\-' ' )!;i; to tno ..icli. ,ih aiHl o.i.cr hiffad- Dis- SCI lvv< in T'pppi* Canada I 'I'liP t" .Hoxvint;' bfiif I'll .' raiai. Ill' f.irnutid !r_v liio ^(iv<.rioiiciil ;r(1fl til.; j'vi'pl.i of I ; I'-''' ( ioif.'la, ]• 212 Ml^MOlR, EH' .i U[)ui!r Canada will expect nu intcHIgfMt Jictivo iiulividual as s>or to Sir Juliii Coi'Donio, u (iov.Tiinr who will a|)[Kj;ir io uku a ['i r-oiKil i;i;cri'>t i;i tlio |)rosi)n'ity and im- pn)vein„'!it ol" th'j (Juloiiy, an.! I'.ivoiirulily coii-idcr tlioso great 'ut,'!iiT;il Mi'ja.siircs, tho [k-uj.Io liavo so imirli at liiart, but wliicli tiiij L.iuiiialivi; Cuaiicii i.'on-.i,iinly loji'cf, siu-ii as tliJ aiiii'iiiiiiiriit of irie Jury Laws, a iU')ii; ail'.jquato piovi.siou for youeral EJacalion, an. ulu'ralioii in tii.; I'rimom'iiiture L:r.v.s, inoditnitc Lav/ Foi's, au I moio saii.^f.ict iry atal clli- ciaiit P'jr i! i'ioas in- iIk" .0 mi^'mi 'iii oi' lii' ;!:,';iiri of Town- s'ii;)> l)y' ili'ii" oli'.i-s. ili, s.iolwis '.v"'1 .'.'^really iiL-'pniid iipcn hiaiioif; at •),'> ),) mii.s di^aiiCL', it will ln! at ail tiaies, easy to evaJ.; Iiis iiiil! u;:(!oa>;, iiavvev'.T positive a;id peremptory, if ho pos>e.--s t!iat i'o.i;li!i.'.ss for iiniifary power, and lovo of arbitrary aniliorily w'.iiili Ivucliefmicaiilt tells us " are in eve- ry ro'.'-iua o\' tli;.; gio-ju, liic iL-.iial aitrii.HUei of such delegatt'd trusts." Tlio Asstjinbly in lhJ3, ad liess^eu Sir John Colljoriie, de- siring.' lia.' r.'roov;il of Dr. Sirachan and i;I.s collea<;nos from the adniinlsir.uion, hncau-o '■ tiioy iiad (lei'jdy wounded tl'.o fceliiL^s and iiijurod t;io \)v^t inltn•c•^is of llio country,"* to waich iiii Ivvo.'ilency aaiWi-T^cU that \v~; w:>s convinced *' tiiat in KMiiy instanco- the n!>>t upr!;.'.:it i-iksitioas hiid been disoloarid by th;' nu-,;ia;u tiiron:!;!) wliicli (la-}' had been s'.;cn" and to.)!v no liirli!"r nurnc of the sui)j<.;ct, tddioiigli then" \0l0 was ahiiost ui>r.u',a!t>.is. \exl Vi ar, IM ',;,), ,hey repeiited tlair re(j!i(\=;t, and as^iu'cd him wiiii t.'.Mi-.'-;'!y a'; ,' disaeiitii'UlsT Uui[ ilioy entertain d a soriled conviction t!rai. tlie contiaaanco al)ont His Excellency of thoso a'.visijrs who from tlu' unhappy policy they pia'^ticJ bad lon^f d( .'ivrvciliy iu:it tlio confideiicc td" the country, was highly i!K'Xj!({i!<'at, and !io' liku it" sjicnks volanifs to 10!. iyi.uuiihn in ''',>p.»' C,',i,Y./;'.J, t;iro,ii4,li t,!ie f ivor of the Ruya'i (Tov-M-n'ji'.s. ilifs FJ;)i.-ci>i>iil Cluiif/ .soeui to 1>J playing tlio fia-ne ",mw-. It I' 'imr Ciundit tint tlioy liiil in Nmv York buloro the revolution, ia oiii.iininiv pusi^; u.uai ut' iili t.h • liuds ami oliior peniiii- eiiestluit a.ro iiiij>ri)pri...ic(l lur the ])uipooc.j of roiiifiou or ciiacatioii. They liavo gajn'^.d soiin^; of tiiu luitl.* tij);)ropri;i(n:l to the sapporl of colle{{OH, and estubli.-ihcd an iastitutiou called liiny'i* Col!o;rn, Uit tht people ^a not Ukc it. — New Ynri. Li,v„iu;s -ist, * St'p. Joufual, 1^21, pajip. 7. + See Journal. 1^y9. pt^f? 11. Memoir. 213 Sir John Colborne, did not as in the case of the Methodists J^ive his reasons for pursuing a course directly opposed to th« public wish, but clung sti'l more closely to the Strachan inte- rest — saw them soon after, more and more engross and moiio- |)olisc the , iwcr of the Colony, and xviih (^reat brevity re- plied to the Assrm!)ly "Gentlemen, I return you my thanks for your Address."* IIow difiTcrent this from his answers to Addresses wherein prcat and influential bodies of the people under his govern- ment are branded as seditious rebels, disaffected, led by de- maj^ogues, and so forth. Few military men make good civil rulers in colonies, under fi popular form of government, their previous habits requir- ing more implicit obedience to their mandates than is consis- tent with the habits of a free people, especially in America, wliere every man lives upon his own land, and thence imbibes high notions of liberty and independence. It is difficult to imagine any motives other than a mistaken notion of what his duty required, united with bad advice, pre vious habits of military life, and an unpopular sentiment in favour of making converts to high church principles, a pro- bal)lo consequence of his education, which could have indu' ced a bravo and gallant officer like Sir John Colborne to pursue a linn of conduct in Upper Canada so very much op- posed to the interests of Britain and Canada, as his has been. itl uiauiter- I. Justices of the l^eaee. [From the same.] Tiie exclusive and excessively unpopular manner in which His Eicellency distributes the patronage of the Government is a source of perpetual annoyance to the wealthy and spirit- ed land-owners of the Colony. In the Homg District a few officers of the Government with Dr. Dunlop, an officer of a company of speculators in land, here, set as a board of con- trol over the local affairs of \he two counties; disposing of the produce of the taxes, judging offences, regulating ina- provements, constituting courts of general quarter sessions, police magistrates, every thing ; while the task of the Far- mers is to collect the taxes and pay it fthemj into their Trea- sury, to be, in too many instances, wasted, and seldom fully * See paj{el3lh Assembly's Journals, 1630. H3 214 Memoir. mn iiif' '. B!t to blame. We of Upper Canada well know that a few faiuilies have borne sovereign Bway in Upper Canada durin-j the last fifteen years — that they ui reality are the administration and tin vernment, and the Jufii- ciary — that they are every thing and i people nothing. If the mismanagement complained of by Mr. Richards, which drovn the 29,0lR) emigrants from Canada in lH/27 and 1828, and whii^li wasted the landed sources of the Colony, be a f;ict, it is also a lact that a few individuals who have been enabled titidcr every govcni- ment here, to promote their own personal interests at the expense of the freeholders (with those who permitted them) are to blame. But for them I'ppcr Canada would have been twice as populous as it is — but for them the Nation.U Debt of Upper Canada would not now have exceeded that of the American Unicm — but for them and their influence here, the \\ ar Losses would long ere now have been paid, and England not asked for a shilling towards the payment. No one directly blames either Your Lordship or Your Noble &,llon'ble Predecessors in this maltci. Had any one or two of the Colonial Office Bearers who have made so many voyages between Upper Canada and Downing Street, of late years, in search of pensions, places, offices, and apj)oiiitment3, taken the puius to enlighten 3Iinisters as to the least burthen- Bome means by which the claims could be liquidated, as their local knowledge of the Colonial Revenues enabled them to do, ibis Memorial would have been unnecessary. No. 78. I*rom the Records nf the House of Commons, 1833. Upper Canada. Return to an Address of the Honorable the House of (>om mens, dated 18th July, 1803, for Copy of a Despatch addressed by the Secretary of {State foir the Colonies, to the Lieutenaa. L0JU> GoDERICll'ai DesI'ATCH. tl7 Crovernor of Ui'I'ek (.'anaoa, dated fitli November, 1S;)9, on the inhject of Petitions from the people of tliat Province for the re- moval of His RxcELiiF.scv : tlio Dissor.uvioN of the I-bgis- i.ATL'KE, and the remedy of ceriaii, iillec;ed Guievances ; and of nny Anr>RESsEs to Ifis Majesty from the l^cgislative Coun- cil or from other Inhaliitiints of the Province agreed to in conae- nuence of the said Despatcli. JOHN LEl'EVRE. ("Colonial Department, ) Downing Street, 'iOth August, '33. $ [Mr. Hume.] Ordered hy the f£ou

    't''h nddreaacd bi/ the S'rretnrij of State for the Colonics to the Lieutenant Governor of Ui'I'kr Canada, dated ^th Xovemher, \t^M2. on the subject of Petitions from the peo- ple of that Province, for Removal of His Excellency; the Dissolution of the Legislature, and the remedy of certain ai- /fnfp.'/ Grievances ; and of any Addresses to His Majestt fnini the Lei^-islative Council, or from other Inhabitants of tk^ Province, agreed to in consequence of the said Despatch. SCHEDULE. 1597. A. — Copy of a Despatch from Viscount (»oderich to Major General Sir John Colborne, dated Downing Street, 8th November, li31i. R. — Copy of a Despatch from Major (rcneral Sir J. Colborne, to Viscount (Jroderieh, dated Upper Canada, 16th Fe- bruary, ld:53, enclosing Addresses from Legislativa Council and House of Assembly. C Address to His Majesty from tho inhabitants of Lennox. & Addington. D. — Address to His Majesty from the Inhabitants of Cobaurg. .1. Do\vNi\«; Street, 8th November, 1832. .leuteiiaiu Duplic/itn, X>>. ICyl, Sir, During several months pai;f I liavo been in occasional ^o'nninnication witli Mr. William Mackenzie, upon the subject of the Gnevaticossaid to exist in Upper Canada, and for redress of which various petitions have Un'iii *tldi-3d8ttd lo iiia Majesty. m [f I'^v 218 Lord Gobj Rich's As Mr. Mackonzio hna Itcen tlio bcaroi* of tlioso petitions to this country, I have pittoiI tu acr, and although I have adhert'd to the jjencral rulo of deciininjf to explain tho views of His MnjoBty'b Government, on qncsttond of Canadian policy, to any person oxctpt the Uovtrnor of the I'ro.ince, I have bean anxi- 0U3 to artbrd Mr. Mackenxie the most ampio opportunity of doing justico to tho case wh'ch ho laid before nH*. Fronuhfj voluminoua mass of that gontlenian'a corrcspondcncr, i have selected three documents whicii profetiH to embody tho en- tire Bubstancn of that case as it affbcts tlio present condition of Upper Canadii : of these documents I imvo the honor to enclose copies for your infornmtion. I propose in tiiirf UDspatcli to follow Mr Mackenzie through those parts of his staloint'ot rcspectintj the representation of llio iiihabitaiiti^ in the IIoui4 pcrsoiiii, wlio concur in exprP!>Hin^ tlieir cdi-diul HaUrtfacfioii III tlittHo lawti and in»littUioiia uhicli tlie otliur Hort of politioneia have impiignod. Siicli n. body iu t'lr too niiineri)n«;, and many of tin; individuals composing it arc far toocoiiHidurablti in tlioir «»«. f.oii and cliariicter to juslify tlio siippohition tliat limy can bo in a i^tato of doppndanco on the local {^ovorniiient, or controlled by any unworthy influence in their public conduct. I am driven to tlio di- l.'iniui of cither supposing this groat masn of the pcopl« of Upprr t^ttimda ignorant or corrupt, or of concluding tliat a very smiiU minority of tho whole population concur in Mr. Macktnzio's views. Tlic former siippoMtion is asiinprohabloiiH it is ofTonsive.-Tho latter, however contradictory to Mr. Alackenzie'a assertions, is verified by many of tho particular facts which he Iibh advanced or adniittnd ; hut tho' I conceive this gentleman's conslituents to bo opposed by the general current of public opinion, I do not in the BlightL'St de- gree mean to dispute their collective or individual respectability, and there is no class of the Canadian pcu|)lp, however small, nor individual amongf>t them, however obscure his station, to whose petitions His Majesty does not require that the most exact and rcs- pfctful attention should be given. I shal', in the first place, advert to tho paper to which Mr. Mac"] kenzie has given the title of " Observations on the state of the re- prcsniitiition of tin people of Upper Canada, in thu Li'gislature of that Province." In petf.)rming this task, hovvevir, I must declino to pursue the discussion into those redundant and misplaced dotp.ils With which Mr. Mackenzie has encumbered it. Thus, for example, 1 siiall pass over in sdcnce whatever is stated rcspectingf tho caso of Mr. Stuart, the Attornev-General of the adjoining Province, and the state of the borough of William Henry, for the repreeescnta- lioii of which, in the Assembly, Mr. Stuart was a candidate; nei- ther shall I enquire into the justice of tlie reproaches with which Mr. Mackenzie assails the conduct of former administrations, both in this kingdom and Upper Canada, upon occasions which have long since passed away, and questions now become wholly ^solete. I can address you only for some practical purpose, nor is there any measure suggebted by the Petitioners r.r their Agent with a view to which, such a retrospect seems to me either necessary or desirable. 1 must add that if it were fit to review the past history of the Pro. vince, it would be impracticable to nssume Mr. Mackenzie's papt r as the basis of such an enquiry, since it is drawn up in an uttor disregard of method, and in such a manner as to render the diffi- culty of distinguishing between assertion and proof, deliberate Rtatements and the exaggerations permitted to an advocate, almost insuperable. J shall limit myself to the single consideration whe- ther he has brought to light any grievances, for which His Majesty, ill the legitimate exercise of the autiiority or influence of His Gov- ernment, can be called upon to remedy. The great object of Mr. Mackenzie's censure is the Election Law, which was passed by the Lieutenant Governor, Council and Assembly of Upper Canada, in the year 1820. I might, perhaps, not without reason, raise a preliminary otjection to the discussion of that question at all. If the Election Laws of the Province refjuire amendment, the change must originate not with i" ill ■1 ■- ''0M Mi :* .• 220 Lord GoDEuirird i m the Executive Government, but with the popular branch of tlis local Legislature. Any interference of the Miulsters of the Crown, would be reprobated proh.ibly by Mr. Mackenzie hitn- eelf, and certainly by his brother journalists, as an uneonstitn- tional encroachment. IT tlieretore 1 advert to the question at all it is because, in the prosjiert that such a di.scrs.«ion will he provoked by tiie Pefioncrs, 1 tliink it fit that you should be appris- ed of the views which Ilis Majesty's (Joveriuiienl entertain on this subject, that you may not be destitute of a rule for your guidance in the acceptance or rejnction of any bill which may be passed by the Legislative Council and Asscnibly for the aniend- uient of the ElectKii Laws. If I have founrl occasion to lament the redundancies, I canrof less resret the deficiencies of Mr. Mackenzie's documents. lie has travelled through this protracted discussion without finding himself called upon to notice, still less to rel'ule the arguments by which it has been usual to vindicate the constitution of the Pro- vincial House of \ssenibly. Yet it is impossible that he can he ignorant of theTti, nor credible that he iiuivld regard them a» de.*icient, at least in plausiljility. An ignorant reader of his pa- pers n)ight be left with the impression that the question was alto- gether new, and th.at the existing c<;iistilution had never been vindicated on tlie lul: ripi'.s and on flie eKam[)le o*" the most free and independent go"ernments. How utterly remote this is from the fact is clear to every man whose attention has been given to the aftairs of Upper Canada, for tlie last lew years. Mr. Macken- zie has tlierefore imposed on me the necessity of d/awing a gen- eral outline of that defence of the law of 1820, \.hich he has passed over in silence, but which is far too important to be dis- legarded by any fair and impartial iix^uirer. It is a fact familiar to all who are conversant with the Legisla- tive history of North America, either in the United States or in the British possessions that a proi)lem of no light difficulty has continually arisen respecting the distribution of the Elective Franchise amongst the inhabitants resident in di^leieut parte of ihn same State or Province. The surface of the country is gene- rally divided for political purposes into sections of nearly equal rreas, bui those counties or Townships which ..re in the iinma dials vicinity of the cai)ital or which are intersected i)y great na- vigable streams, or boiuided by lakes, are peopled with fflr greater rapidity than the more remote Districts. Hence it has frequent- ly happened that a single inetropolitr^n or trading county has con- tained a population exceeding in wealth and number many newly ••ttled counties of similar dimensions. Accordingly, when capi- tail and numbers have been made the exclii.sive bases of the rep- resentation, one portion of the State or Province has r.^quired an influence in the Legislat'ne wliich has reduced to comparative insigniticsnce tlio weight of all the other divisions of the country. The favoured District has thus been able through its represeuta- tives to throw upon the less f>)r1unate sections, a most unequal weight of taxation, and to refuse to them a fair participation in the benefits of the judicial and other institutions, to the support af which the revenue wss applied. Local interests have predoin- Dk SPA Ten. 2^21 ii,»i»J ovei ihe iitutr<\\ iuterasts, amJ discoiitoiitu h.'^ro bten e«- vu'uil^rcil, ilitcaieiiiii,'^ the jit.il>i!i(y u( iho Govcriiruent and teiid- I,. ' to iiuabiiipt KtiwiaiicK oloae |i.irf ofthe £lat« ov Proviuc* laiin tho rest. Ju ilie ytatc of Maino, as I am informed, tliis ditEcuIty was bo griisihly f -ll as to liave h'A to tlio iiitiotluctioti of tlie Byy^ein ndoDt- cil III L'pporCaiuida in thoy^ar 1830. In apportioning tlie olectiva !,,iiiolii;e aniot:i; tlio inliithitant^-, tiie L^jrislature did not. confine ill !vitt;ntioii oxdurivoly to th(! qii' Biion < f propf.'rly and of numbers, |i;it jn'ioduci'd a n'nv flnrnent into tho calculation. Thoy conaider- ((! lli;il a Fnnll I'-Mii'iKT of pmsoris occupying one couiitry might ri nMHiibly cbsini an iarj;;'; a Fhare in tlio Keprcso'itaticn ns a much liiU' r an 1 \v arly protest aijai'i^t any tneacure ii,juriH !i> \'r, welf.irc. Yet ev.'n lu thit; !{injr(b»in, whore the snljject hid with- in the latjt two years nndergoiie the mor-t public and ng d Bcintiny, 111) one, so far a;^ I am avvaie, has pcnou.-ly advanced the Oj;inion iliaf, the lli'pr<:.sontatiou of tho motropolis should bear to that of the iMuiiliy at large liio proportion wiiich the wealth or population of L.iiuion bearw lo that of Knjrliuid collectively. Such a princrplo would have g ven to the mcfropolitan districts ii •tvvonii forty and fif'ry inenibeie, a Hciicmo wbicli I need scarcely >■■;■ vi'ou'd b-jve been reji;e(,e;I by th^ entire body of the people, aa ;; lo.e ll, r uiietjua', tlicugh reslinj uj on u foundation of the most )i;;:l'i-(t liOiiiMial cqu,u!!y. ll 11 pj'i'ar-, however, to hnve been perceived by the Ui^pcr Canadian j'lSHi'iniiiy, in tiio year 1320,thMt by simply adopting the rule to w •■.c.'n 1 iiave referred, they migiit extricate tho Province from ono :'. .iiv-uhy at tho expei;r;o of iinoiiicr yet more considerable, A county K, .;lif conlai'i a very iiicoinjiderablo body of persons for some time a!t( r it wastif.-t rech'enied from tho wilderness, and thus a choice of 111.'; iicra m:giit virtually bo committed to a very few electors, who iiiyat them.-elvLS bo subject to Romo unworthy influence. It wai tlioretore required that no county should be represented in the As- Rinibly by a diritmot mt~mber until the inhabitants numbered one t .ousar.il, at least. But with the foresight which is perceptible in fvry part of this law, it riecms to have boon perceived ihat there w.y r.ousiderablo danger Ui leaving any body ©f new settlers wholly iini-opreuonted ; and to obviate that inconvenience, the inhabitants of 'Mch county wlulst yet behnv the requited number, were authorised ti vote in tho leai^t populous adjoining county. Tliid uiMioiU beuig betrayed into a sacrifice of the substance of vnn.\ ;^overnm ut by a sopprfioial attention to a merely nominal I q t diy, the f,egi.-ilature of Upper Canada, in tho year 1820, jueti- li I'l ihn c'Miruluncc repo-od in ihein by tiie constitution. Thejr v.'.ic too converfjant wi(iiih« reu! busiue«8 of life to suppose that 12 Ol'? Loud GouLUicH'a n great Focia] synfom could be pmctically carried on without aj. v;inciiio- a little beyond tiie moat obviotiH and ( leniciit.iry mnxim?, or tiiiit the iiieviliiliie intricacy of tin; public alf.iirs of the Piovincj ooiild be met wit bout some deo^rf-o of conipb xity in its political inftitii'ionp. Tiwy llnrelore eiiibraced in their law provisions for tiio prolectio:) of all (;Ins-;ep, however obscure and nmote from tlio i'.oti^;e of tbn local (jovernnu'iit, for the control of that nndne in- t i.Mico wiiioli rn::o wealth and density of popvibtion wotild, other- '.vi:;(', have ( xercii-ed, and fTtho gr^ulual enlar^'emfnl of the repro- i-er.'.. sti ve body ■■' ■! the eonstitiioncy r-liouhl ilseii inercaf-e, I cannot pnnpo.^o liiat a fff^ntleman who hag tikon po activi* a prirt in the afi'i'rs of the Province v.s ban fallen to the share of iilr. rviackenzif, sliould have been really unapprised of considerations CO fmiiliar to i>vi'ry man acqiKiintcd with the piibj'xt as theto to which I h;;70 advcricd, fhnn.rb ns a eontrovers al writer lie niny pcriiaps hav. !;of consulti'd ill for the momentary success of tl)n ar;jrnnu'nt, in cupprt sf^iiii^ iill ;illu.-:ion to them. .( jivoceeu to the next ol.joction which Mr. Maelcenzie lins mndc to iho Act of 18.10, wiiii b, m hi.s own langua^re is, that it created a " borongh inter* si. "' in Jos? invidious leini.s the fact appears to be that it {.•■)V0 one iiienibrT to .-.wry town in which the Quarter Ses- F'ons ollhe D'strii t niijdit bo iiuid;;n, and which contaijied, at bast, oiio .•,hon-::;^:ul ininbitanis. Tlio^-e towns wero, therefore, placed in precisely f.iie time predicament as the countiov of the I'ri.vince.— • ]\'ow' if Mr. Mackenzie's principle, tiiat wealtii is the proper crit(N rion, be ju:'!t,tbi3 civic representation was wi;jely catoblisliod, for it can scare. 'ly be denied thuf. one t.i,;u-and p^r^oiis inhabitier^ t!io sanr,' rov i v.-iil, ^f evrally, bo the piojM'ii'forri of a lar;jer coileotivo capital t.,an a nuMl pojjulatii'n of th.^ same extent. If tlie princi- plo of ne.iii!) ts he eornctly asye.nv-^d by l\h. Mackenzie, then, aiso, it follows tint the 'I'owns wero rijjbtly onfi-anehisc(', fance it is in t!ie Towns that tli'; nmn rapid enlarijement of populatio!) n,«!i;il!y takes place, and since if inemb'MS had been refused to thorn on liie ground of paucity of nnin! rs a i-inii'ar reins;.! must have been rx- tendc'd to all ilie n^wly senlod counties. But, I greatly uiubn-stafu the ft rgumenf.A town pnKS''?.:it!|r a thousand inhabitants w ll yie'd n. much larger numb, r of acliial voters than a county equally pnpu. Ions, supposing thi! qMilifcaiion to be, in either cas", of < qual amount. In tiio one c;ise the f'r.inchi.-e is exercroised with the greatrfst ."acility, and in tiie otlor at an expense of time and labour wiiieh, compantiveiy, tlnv will ir.our. Nor can I forj^ct tliat, in cverv part of the v.orM, Civic popi'ation is more intelligent & more disposed to watch o\ :r pulilic piii)je(;ts, than a rural population of fqiial ninubers ; becau.?e llio first e.ijoy the conf!t\nt ndvantntre of nm'ual in'ercour-5e, and co-opintion in public affairs, of wlech the latter arc in n ^n-eat measure dvititnte. It is not at nil sinpr'sinij til it so enli'4at^n< d a jioople as are the great body of the inhnbitanls r>f Upper Caiitida should iiav • expressed in very strong terms their dissent Irom the viev/g wliieh Mr. J\lack' iu',.c tlius ndvocaics ; or tiiat a people so conspicr.ons for their /■•i\\ for civil liberty should be Fo d cidi.'dly opnn-ed, n> by th 'ir pc'itior.s tbry a;)pear to!):, to ^..lanH which wou'd sacrifi'O its sub,-t:uice to a very enperticial tliroiy. h U I'lrtlici olij'ctt;'! iliiii I'n.' I,iu ()| 1- i;it. placed i!ir jniqicttd DE3PAT(H. 223 I'liivPKsity ill tlin list of constituent bodies and from tlie terms of llio char er subsequently issued, it is inCerred tliat the University was tu iiecoiiie what is toriiu-d "a noniiiiation borough, under tho especial patronnifc of the (Jluircharid State." I siiould scarcely have anticipated tliat any man, and least of all a iiian devoted to Id have (icMiicd tiic propriety of .giving are- lit ciary pursuits, wou presentation to the principal i'cat of Icartiinj; in the Province. It would be supi-rfluoTis to exjiatiate on tlie iinportaiicc of institu- tioiis for the rducution of youth in literature, scieiiee and religion, cipecially in a newly settled country, and I am well assured that neither in tlie Council nor Assembly could a single gentleuuui be f.uujd who would not gladly receive as a colleague a person re- presentiiui; tho collective iiijdy of literary and scieniilie men in I jiper (..aiiiida, or who would not gladly sujiport, by thai distiij- giii'died honor, the cause of sound learning. Vou will olK-icivo that I do not here refer to an University con- stituted in the munni.'r projiosed l>y the original charter of incor- poration. iiVery man in Canada, however, knows, nor could ]\Ir. I'laeUenzie have been ignorant, that so far from any anxiety hav- iiiL' been felt bv tlie Kin2,'s (JovernnK'nt tu luaintain that charter a'jains t tl le wislies f tl le great niajonty o f tlie people, every pos- sible measure lias been taken to rel'er to tlieir representatives tiie decision of tho (juestioii, in what form and on what princi|)les tho Cuilcge should be founded. Jt i>- indeed I'lr. Mackenzie, s fortune to be opjiosed to a large majority of the House of Assembly ; but it can scarcely be c>:[K;ctod liiat in deference to any individual, or to the small, though respectable, minority for v.liom he acts, the King's (invernnient should entertain the sli'Jitest disiiust of the wisdom or fairnc-s of the resolutions which it may b"" the plea- f lue of the Assembly to adopt on this or any otlier subject. It i.'. next m;ide the subject of complaint that the law as inter- ))ro;ed by the court of Iv'.iig's l>e:ich enlitlos the County IMe ni- bfr-* only to wi'.g eiiiure a certain dc'ree of and tliat the ell'urts of successive houses to VI I re reuresentalion uas been reiKU; pecuniary independence to the new red inel]'ei;tual bv the ].eioii l*y wliich any such projects were frustrated. Wliothtr tliuy arc vvill judged or other- wise the King's Governmeiil arc iiot in any sense rsvponsiblo tor th»m, and tha discussisn of puldic affairs would l)e utterly intei • minablo if eve.ry unsuccessful ntotion made several years aj^o in either Ho>i3e of the Trovincial Lenjisiatiire, were to be made the iubject of censure and in(juiry, at any distance ni' tiinc. Tiie reuiiirk tliat, various relij,'ioiw bodied are excluded from tl)n electiyo fraiicliise because thi'ir I'lcinhers caunol oo;i?cioiili.r, liot (o bf! ovt. r'ook'-d, tliat llic (>'ovevn:!;f'T!l nre ,«;iid to have retaiiiec in their ov/'n liand.s the pos.s;';s:oii of nil tlie (in- rlf^iired territory, tlmt ll cy nroiit t.l n.-; fivail t!i< nipcives of tiie iupt rneijt oiied law, aiul qnaiity n i'iVi.M'ite v.heiK-v (;r it Mij4"li( b.e di enicd exf ••lipn'. 1 tniidt, ])"rhi'i'tf, i.ot, tiinfafroiui'iJ'y ( ajjto.sp rny siirpr^e 'iiat Mr. M.ickeiizie, aetiiu; hh tl:;-' dtlecut'' r!" ro rniii.y pt n-ons ni fannda, slionid have ptissed over in suenee liic fiicl liiat Hit Ma- j.'.-f fy had been jrriaciun.'-Iy pleased, upon my bumble advice, to in. tirdiet tho gratuiiou.^ (iis);cr-!i of the ("louii I.andb-, and io n ndcr tiiom all ilic bul^jeet of public comp 'lil'o;i, to the uiter eAclusioii of ji'iy such favorili.-m a? ie thin dejirccatt d. if lljo law wiiicii d;.~qualifi"R any Brili.-h gr'ijeet.- fiom volu'ir "t f'ec!io!ie till t!io e.vpiraiiUii oi' Fcwn years after their return lioin r. resldeuiie in a fore gii cr tint ry, bo .stdl in force, I mbteiibc to Mr. Mackenzie's opinion, thai it eannot b.: too soon reptaltd ; toiil voii will adopt ail eonstilulional inrans in your power for pion.olinc; Oa thit; pubirct 1 concur in Mr. Alaek.-i. • -j t!ie repeal oi it. reaeoiiing, however iniic h I may be di. ])cf«d lo think t: ;^ 'ii' Mts would iinve bten euhanred bad i;- (c weight of i'i.s arguin 'firjed hiinrclf to tb^ Vi.r' of hingui^o mon i i oc(i''snro wi ordinary ton-n o choscii 'o CUlpii r uffic'.al comiuiiiiieutK'iia t; hu iI.B' ;• jiicb itV^ vJ, )(. i: DLSl'ATril. 22:j I nmst, pntirely decline, n« porfuctly irrelevant to any practical quefllion, the enquiry wht-tlier iit h comparatively remote period^ fnosecutions against tlie E'iifora of newppapeis were iinproperly instituted or not. It is nocdleps to look bryoiid Air. IMackenxie'a journal to bn convinced tliat there iw no latitude which the moat M-'lont lover of tleo diGcuyni-iM nvor claiinfd Ibrsuch writers, whicli ]9 not enjoyed witli perTcct in puiiity in Upper Canada. Tiio law of 181>J, vvliioh proiiiiiited public iiieotinga, is again made a sid)jtot of riMnonslmnoe, nlthouij^h it was repealed two ypnrs afterward i. To wiirtt end ench rornplninis are preferred, I fcin wholly at a lor^r, fo sunnipf^. Yet it '« not unimportant to re- mark, that the Aesoivi!>ly wiiicii rcp'-alod this Statute was, if I mistake not, the pamo which enactrd the election law, and that tlic z'^al wliicli they avowedly exhibited for the liberties of the jjiTnile in the one <'aso, is scarcely consiBtent with the imputations iiiitde by Mr. .Mackeitiiif' against viicir motives in the other. ]t is not iilii'lf singular tiiat in tiie present year I should rc- t»iive a lenntiieutd r(.'i(elition of the comphinid upon the alien question, wliii-ii ciime before me in the year lS',i7, wln^n I formerly I/i;ld the seals of this departnieut. j\Ir. IMackenzie describes ths iiislnietioiis wiiieli. } then issued "as just nnd eqmlnbie," arid aa liaviii^f " removed one ^q-aiid cause of discontent." 1 do not feel liierei'urc, tliat after tiie ndoption of a inensnre so characterized, I rail be ajrain reeiiiicd to enter upon a detail of the very grievance* for which it is admitted thiit an t'lfoctual i->'inedy has been provided, in followin'.': tlio order adopted by Mr. INlackcnzie, I next reach a f.talement that, liio local t^ovrrameiit cnccr.'-ng-) dfpmidcnt persona lioidiifiLj ofliccs at ploase.re, nnd " dcbnrccd by the laws of England from being concenicd at elections, to use the crrcat iniluence attend- ant upon oI'li^;e, to secure seiits in llie n;preseiiial ivo body, in ordef *:iiit iis voice may I'O w'inlly under px.;eutive conti'ol aithoiio-1)," adds Ml-. Miiclt !.!:•• L^-Tvnn'-; of ll.f: 1 ibiT, nt;rnpj.yrL(.d by distinct n (1 ;.r,(' (if liieii- ti'iil'i ; hi;' it !p ii.v C.'^'y to r» I'lif-e credit to such i:'i;iMlfU!Oii.^ ns i Imvi' (;''.>lcd, uiiir:-s ( li y t-li(.ii|(i bv' clenrly sebstaii- ti.iii (1 by ''Vidriice. I', r wld- 'y as T d <-.;-j;;t fnan the H:-si'rtion ao » r.ifi.l.'^'Iy MiLidf, tl'Tt tie' iii^f^rests I'f ilie Inrnl i/eveTniiienf arediS' tiicL iViiM lii!)S'> of i.lie •i:I:,''.!'iiaii'.-- of o.rercitiiig an ■r.,.('r eortrolov. r eleL-liee-', wood iii'tiiy expose to t'le lioaviCfet be imputed. On tiiii« sob- II -1 .per eoMroiov. r eleL-lie-e-', wood pi' (•ensure il,n.--o to v\ IjOet U, i er.'d w hi. I'm:!, iio'vcvM', ill thi' nh.'jciiec of ;itiy niore detliiite stutemonts, lean "i^iy insiruc' you that ihs Majesty cxpicte nnd rerjuires of you nei; t'li'r !o p.rictice, nor to allow on llie pari of tl.ose who nre offieiclly •■^'ordiiiaie to yen, wiv interference wirli the ru'ht of Mis Suigect* jv/ other inlluential and «-5 S' ' I"" >f ''r 22C) Lord CoDi.Kicir* woaltliy iiulivi(li!Hld. It is not ensy to repress llio Pxpre«»ion of thoso feuIiiiiTS witli wliic'li I cnniiot but njci'ivo piioli unworthy iiti- piilatioiiri upon tho clitiructer of bO many iij)rii:lit unci onliglilciied nion, unanppoitcd by any proof wliatevor, (.'Aorpt a gfnurul riifcr. fcroncc, vvl.icii I am unal)lo to verify, to a rcnort sriid to linvo been n made on i^onie occasion by tbo prt'scnt Chief Julaice oftlicl'ro. " vince, on the case of Mr. Osgood. Kvou asiiniing, wliicli is most improl)nblp, th;it Mr. Jiobinson rrally ohstriicts to tlu* uliiiost of liis power tlic adviincc ofticnf-rul educMlion and knowlcduc^ from (ht!l)asc mothrs so liiilitly impniod by i^!r. Mackenzie, I utterly deny tlnit ilie lviiij','s (.iovernmeiii, either in this cotintry or in I'pper Canada, are rc.c]>on.sihle for tlie o[)inion vhich iMr. Kol)iiison may some years w^o liavt ailvo- catcd in the House of Assendjjy. It is, however, in>i. iininipti!;;,i,i to advert to tliis sidjject, becanse Mr. Mackenzie cannot assert more |;eremp((irily tiian I ih'iiy tl;e existence of anysneii nairnw and prep.osteroiis pohcy ;is that of eons'„';iiiist knowded^e sluuild lender tin in in- (|ppenth?nt in action or in iliought. On the contrary, there is mj one ol)ject coimected with every part of Itis extensive (hitniiiiuiij whieli liis IMajesty lias more at heart tiian the frenerai (liliiisiiii of sound knowledge in the leg'KijiKite and n.ost enlarged bcnse of tliat term. Tliis is not merely iii.> first and hlgliest interest of society, luit is essential to the ri;d;t use and pcaeable eiijnyjnetit of pvery other civil and social [iiivilege. The Legislntnre ol I'p- per Canada have already been invited to consider in what iiiiia- ner the I'niversity can be best constitnted for the genet al advan- tage of the whole socdety ; and IJis^Iajesty has stiulior.sly iib- stained from the exercise of his xindonbled prerogative of founding and endowing: literaiy or religious corporations ui.'.il be sliould (d)iaiti the aduceof tlie Hepresentatives of the people l"i;r his guidance in that respect. In tiie same r.pirif, f lis .Vtajesty iujv. directs me to instruct you to fiirw;ird to the V( ry utmost extc^iit of your lawful authority aiul inlhieni'c, every s( heme for the exieii- eion of education amongst the yoiilh e.f the Province, and espe- cially among the poor(;st and most dislitiite of their nnnibfr, \vhi(di may be suggested from auy (piarter with a rea.iinabb pros- pect of promoting that great design. All iiiinor di.--tinr;i(inj should be mcrg<'d in a general uniiui for tJiis important end ; and that the head of that union, the local government, should be ll fo und encouraging and giinlmg, and to tl le utmost of its power a.'sisting all the efforts wliich may be made to create or to trsier a taste for intellectual enjoyments and pursuits, A large porii^n of the unappropriated wildernf.-s has already been set apart lor the purpose If any other system uf local assc>siv.ent, (or ti.e building of school houses and the maio-tenanie of Teneiier.s, fihould be thought desirable, your assent will of course, be chi er- fully (iven to any such law Or if flic IVoviricial Lesisiaimo .sliould be of opinion that su ii funds would be more advanta- geously raised by a general duly, of which tliey would retain ti themselves the specific appropriiiiwn froni ye u' to year, I shoidd hail with the utmost .satisfaction the roactment of a statu' ' of ihatnatnre Thi^.howevcris asiddeet in\(dvinp;3o manvandnu. (» ■' '^.^1 D»: SI'A'ItH. rittHii"*, thnt it i:'. of coiir.*e. iin|inRsibIc for rtie to :i(lv;ui(c' beyond l!if expression of a f^fMici;il but most eaiiiust solicitude lor thtt ('milicnwicc ot'tlic cause of ('(lucation, in its most conipreliouHiva dtiisf, in l'p[)('r (.'anada. Cuiifidcnt in your own concurronco, iiiiii in tliat ui' tb.c uiombcrs of the LciiiHiatuie in tlioso '.lews, I rlioiMlully remit to yon and to thorn tlic office of origliuiiitig tlie necessary plans for r.'diicin^ tlio general principle in'.f) a deiinile •i!i;ipe, recpiirinji of yonrself in thr fnst instance ( tdy, that you siionld (|ni(la;:e refer, I am happy in an occasion of slatmj,' to you, thiit if t!ie Kiiya! Iistructions are supposed to foiiid the nioHt unresereed (iiuiiunicalion to the House of As. embly of the manner in which ;i;c I uMic money of the Province, from whatever pourcn derived, i'- oxi)e!i(led, sueh a construction is foreign to I lis iMiijcsfy'B design. 'i'hr'i-c is no portion of tb.c Royal revenue, whether tlie prc'^'!'"d3 of (J.own Laials or from wiiatcver other source derived, of the cijiloy- iiioiU. of which the Houho of Aflsemlily should not b^vn the !H1V l.''.!-:ei do and I'Mriieular information wliicli they may at any time think r to call for. Nothing is to be ^jTined by n concahnent Ufrjii i"4ioiiy of this nature, an dad ecrfiM' ( )f su; pctiou aiiu pr( jiid le.e en i.ol rarbly pxcitcd, wiiicli, however ili founded, oficn appears in tiie li'-nlt, to !)i; incurable. Mr. Mackenzie eoudemns the pr<"sent Ilouseof Assembly not l'"-^ vehemently than tin; local (Jovernment and the Legisia- (■ouiicil, representing that they were chosen by the peopl five 11 n state of dejection and despondency as to the Reform of sraises. To sustain liis argument he is tliiis compelled lo draw n picture of the Cnuailian character, in which I am confident he li'^^en His M;))esty's subjects, at large, gvrat iejustiec. I am well 1- ■ iiadcd that no people on earth are less likely to yield thoiri- •tivos to the unmanly weakness of despairing of the pnblio Ciiiod, and of betraying their own most sacred duties in so pusil- ii:iMmous a spirit. And in truth, IMr. iMackcn/,ie must have per- •-i' 'led himself that a de;:reeof ignorance exists in this country '■ ■;;!'(•: r^ the ali'airs of ( anada wh'ch would be absolutely Indi- I 'li'-, if lic can really expect credit for the statenrent that in the vi'.tr I :KI, an utter de-^pair of vindieatin^ the pul)lic Hbertiei Ivikcii poiisf's 'ion pf the mind of the iuiiabitants 5J28 LORIJ GoijLKlLllS W 1 I ilotj'Jy ! egret tl>nt in gonie parts ol" liii prtpsiu Mr. Maekeo- lie slioultl Liive Ictt in lutiv'fi ol).^ Muity llie viiiiplu tuattvrs ul' tact* which it might h;ivo Uct'it ifiilly iiiipoii.tiit to coiisich'r. Thus Le •peaks of prw'ich'Ms tanr^ht tu iiieddlu lu th(? pulilical quaircis >t\' facfiojis iiiid piirtioH, iual ot" their leailcra hciiii; " acconniiodateii with sfc-.ity ill the poiiiical couiicilb of the Staie, and of tho Uu- vernniiiiit kecpintr in piiy a puhticul prii sthood." It would anre- I.V have Iji'oii as iiiipn sr.ivj and iiion; nsvl.d to have slated that t)'.e Hishop and thu Archdiiacoii art? l)o(li on the list of tlie Legisla- five Couuril, hut that it i'; cxp(.'ct('(i of ihoso j^rontk-nicii th >f thi;y should altofif liii'i- aliytain ('••oni iiitciletciicn in any s>;cular matters whicli may lH»a,L'iiat(M! at lint bf)anl. \V liL-ilier cvoii inulcr lliisre- dtiiiticjii tiirir luddiiiij; surii sivits is rrally desirable, is a qiicHtion vpon v/hicii lainftiily prcpnrod to listen with tho utino.st afoiition to .luy advicf! which 1 ni- y iccivo tVoii) yoiiindl", froui the House of A>.-;'i!il)ly, or iVoiii any other r(>i;i|)oti'nt aiulu.'rl'y. I liavp no sohcitiido for ri-liiiiiint,' (.'illicrthe I'ishop or thu Archdeacon on tbo list of Cinocillors, hut am, on tlie ' (Phliiiry, rather pre-iiisposcd to tlie opisiion that hy re-dinning their soat.H (hey \vut>.!d best consuii their (t impute any violation of duty ta them. W.th rosjieci to tlie charge siiewiug an iindiK! picferencti ID preachers of religioti beioni^'fi!'; to tlie estaldisiied chutchej ol this country, it is so utterly at \ariaiH;e witii the wIjoIo coiu-ie of policy whi'di it liaii l;;;c";i (he oljject of ativ dcspntchtj to youi- »elf to pn.s^iibc, tint I eannot p.ui-,.' to n-ptd it in any Coiiii.e! ikiamier. Much cori)|tL\int i-i oiado oi" the expense of eloclions, S'.i! it ij •uid that piil/lic ofiicer.) are pnalj':.'d by liicir snpi-iior aiilneiice ij Gverpowar Ly a l;..',.'! and curniju e.\peiiditure those who have m.> oilfr rf ,\i ,,.'• ti,' ■• ' :' • i f'';>rOf'nnte(l to b ', 1 ho official return of the civil e,stah!i8hn.ent of the colony s^ili- eionllyHlieW's that it, is quite inipo-ssible that, tl;e Bularion rcct ivcd by public ^^Mcaiita can enable tlieiii I,o avail f.I finsclved of tiiia ciriiiiii ■tiificeiu tha main. or which hns been ail '(\jr-]. !Mr. Mac!;enzie stales that an erpiiiy mto the state of tl.e ifl- pr«sentatlon wa.s insiitired l)y th . [.ieseni lioj.*^ of Assembly on bis own ijiolinu, and he iia"* tran niilied ths rco/!n':oi)i rtdirpie.l by the .>:>mini!iee, but he addi thut "such |>!,»i.'o.sifionJ we/o not »a:U!jl8 ':j Liu nM;i)i itv ij :lij pi\u3 ;[ An j^i ,■/.'' that ihey f'/ Despatch. 229 .' '■*} pointeil u ue\T coininitteo which reported thnt no alterationa word ief|iiired in the existing laws, except by giving the County ot' York aii additional member, and that on receiving this report, the House instead of giving Yorit a uiciuber took ontj from it ; iiiul as 1 understand increased the number o[ members £ur tbn District of IJalhurst. It suits the present view of tltis gentleman to call upon the Exe- luUivc (jovernmcnt to censure and dissent from the resolutions ot (he representatives of the people, adopted after two solemn enqui- ries and supported by a body of I'elitioners far exceeding in sii,!in- bers those for whom he acts. In what language, however, such an interference of (jJovernment would be denounced by Mr. Mackenzie himself on any occasion on which he concurred with tiic majority of the Ifouse, it is not diificuk to conjecture. It cannot he expcctod that any decision of the L?gis!utu»ii upon a sui)ject of so much general interest as the Election Laws should escape without the most vehement and unmeasured censure from the parties unfavorably affected by it. Looking, however, not to individual but to general interests, not to the excitement of any dissatisfied party, but to permanent principle, I must positively refuse upon a question so peculiarly within the cognizance of the House of Assembly to place the King's Government in hostility with that body. 1 have every repson to suppose that the coursd they adopted was wisely taken : and even if I thought otherwis» Ibeir authority would compel me to distrust my own judgment. Mr. Mackenzie lia' concluded this paper by predictions ot" hloodshed and civil war, and a dissolution of the connection be- nveen Upper Canada and this kingdom. He may well supposa that suoh a prosi)ect would be regarded by His Majesty's Go- vciiinicnt with a de^ieo of concern and anxiety to which it would be difficult to give any adequate exi)ressions. But against gloomy prophecies of this nature, every man conversant with public bu- Kiness must learn to fortify his mind. They have ever been th« rosuurce of those who endeavor to extort from the fears of go- vernment concessions, in favour of which no adequate reasons could be urged. I will not adopt the injurious opinions which .Mr. Mackenzie seems to entertain of the people of Upper Canada. I reject as a libel on that loyal and enlii^htened race of men, the snpjj^.,itioii that they would violate their sworn fidelity to the King, and desolate their native land with blood, because His Ma- 'csty defers to the judgment of His Faithful Commons in Pro- vincial Parliament assembled, supported by large bodies of the most respectable and numerous petitioners, rather than to the opinions of a far less numerous, though probably a highly res- pectable portion of his subjects. I will not for amoment speculate upon the probabilities of sucii a rev 't. It is a subject which it would be utterly indecorous to agitate. The people of Upper Canada have the highest claims to the attachment of their Sov- preigu and of the British nation ; and whatever efforts may be made to excite discontents among them they will, I am persuaded, believe that His Majesty and the Parliament of this Kingdom, io common wiih the entire mass of the population of Great Britain and Ireland, cherish towards them no other sentiments than those K2 m 41 '^K 1 ' ;■' "i ::.r» ,t'fh. 23f) LoRO GoDEKicirb 'jfflie most jiroftiuiul respect for tliflr cointitutinnal riglita, nuij il.e Miobt eanivat (lenire tor llioirsnci.il wcllurc. In liiut Hpirit Hi", lliijusty'M Ministers are, aud have ever linrn, prriMrcd Ui iki'iit tit llio Provincial Legislature the corisiileralioii of cveir i|ut;.stiuu ho privileges of the Provincial Legislature or ihu rights o( any chibs of His Majesty's Canadian subjects ; and in «he consciousness of having acted under the constant guidnnce of these principles, we can cheerfully appeal to the people ;it large for that just a])preciation of the measures of j;ovcrnineii!. which, if r could credit Mr. Mackenzie, I might suppose was nm to be expected. I proceed to the second paper, entitled, "An argument intend-- edto Khew that it is expedient to dissolve tlie present l'rovin(.i»,l 1: .uliament of Upper Canada, and summon a new one." Alter enuinorating the various topics embraced in tnc former paper, Mr. Mackenzie proceeds to state that the metropolitan conn. fy condemned tlie conduct of the majority of the j)reseiit Assenil/iy. first by his own election in January 18^2, and secondly by iiisoli'i-. lion in February la^t'. TIo adds that tho decision of the County of Orenvillc, in rejecting Mr. .Tones, and cliooying Mr. Norton, totjiili- ed their concurrence in his views. For the reasons already ex- plained, I must be porniitted to believe tliat the electors for tli-j me- tropolitan county, enlightened and wortby of all respect as lliey certainly are, cannot be considered as peituciry impartial j'lf,'P!> tipon till question of representation. The proposed change would invest them with an influence of which the counties remote froiu the seat of government would have the strongest reason to com- plain — Nor is the voice of the County of Grenville ciltitjied to oul- weigh the decisions of many others, counties and towns which are obviously opposed lo it. It is then said that, the i)resoiit lloii.-i' should be djssolved '• hccauso it is manifest tiiat the great bodv of tho people are justly liiseatisfiod with 'heir proceedin^rs." h h"' easy to make such assertions, but not so easy to .<:ubFtantiate tlicm. I must upon such n question give more weiglit to the recorded opin ions of the 20,854 persons who have expressed tlieir disReiit from Mr- Mackenzie's views, llian lo that gentlfeman's dcclaialicn sup. ported by similar attestations. The writer then enumerates varinns aetR of mipconrlnrr which liR attrJbulofi to tlie present Assembly, Tliese are the reji c tion of bills for the reoulnting of township officers, for cdncalioi', a.nd for amending tlie jury inwp. They also are char^Tod with iinv- ing grant* (t a permanent civil list without stipnlatin^i; for tiieinde- pendonce of the .jtidges — and tliis measure is .smd to have lieen par^:'- ed bolli by tl'.o Assembly and tljc Connci! in an unu.-iial iinil indi' cent haetc. Respecting judicial indepcndrnce, it must have l)e( n known to Mr. Macke' zie, that without waiting any folieitiilioifi from the Provincf, ina MnjfiAy had long belore tii(> dale of II. n paper, directed you to suir[;<'Jt. the enaetinent of a lull for iaul iii.r- De.I ATf U. 2r>i poB'j. His AfnjfHty woulJ rtjoice to /.{ive liifi as»eiit to such a bill, ami doubts not tliat, it will speedily bo enacted" Tlio indccoroim hastu whicli la Hiiid to Imvo occurrod in granting flio civil liBteecmn to bo very liarslily nscnbcd to the House. Tiio King Iind, without any request from llicm, placed at their diupoaal the revenneH of which tho I.TW hiid voritcd the appropriation in liinHoIf; and if in a . o'ntniiis and rospcclfid acknowledgement of so frank a concession, tlioordiniry forms orbu3inos.s wero dispensed with, it is surely nei- ther u'ifjt! nor g.-acioiis thus to censure a proceeding intended arid raieiilated to Hticiigthcn the bonds by which tho Sovereign and hM [h'opio arf> happily united. Tho question of Juries and Town.shiji ( Hlicers arc preiisely such aa to admit an infinite diversity of opi- nion rc;^pectillg each specific measure p-oposcd to the Uoufcie ; and ;io unprejudiced person would a&sume that a dissent from his own views on such topics implied any failure o^zoal for the public good. This piper proceeds to accumulate a Lody of charges against the Assembly, into the justice of uhicii it is utterly impot^sibtc 'liat I should cuter. Whether thrir appropriations of public mo- i.ey have been prudent — whether Mr. INlackcnzie himself was pro pcrly expelled — whether a reduction of fees ought to have been ivixlc — whether the term "misguided individual" was correctly .pplied to Mr. MacUcnzio and others, in the address to His Ma |i>siy, are topii;-i on which 1 conceive it to be the duty of the ivincs's Government rather to defer to the judgitient of n body en joyiiii; the most extensive means of local information than to oppose to them conjectural o|)inions of their own. The same conclusion is next urged on the ground of the angry iiid excited state of the public mind. 1 should have thought fhat, assuming; the acruracy of this statement, anger and fxcifc- nicnt were precisely those tempers of mind in which men would be hntst qualified to exercise a wise and dispassionate judgment on Mic i;rcat (juestion which it is proposed to refer to their determi- nation. The recent dissolution of Parliament in tliis kingdom is quo- ted as a precedent in favor of a simihr proceeding in Upper Cana- '1;!. I will not discuss tho accuracy of the analogy of which it is I'lii^ attempted to draw between tho two cases ; but content my- siMf with saying that I believe no impartial man will deny that no loal similarity exists between them. However well adapted such ■I topic irjay bo for ])opular eOect it would be at variance with all •Mtund princijsles to accept it as a ground for n great political mea- sure. i\5i-. Macken'/'.ie appears to have foreseen that a very numerous b^'e who a^a I'l 'hq ^amg breath cundr inned for having exercised nn improper rge, but that in his opinien, such petitioners would she',v " th^ ol the advi'icrs of the government, and their own incnj^ Hiority from the very infanc} of the I'lu' ince, it weis needless >r m? ti> .-tate, <6 fil ^ "■4- ^-> .^^. €> IMAGE EVALUATION TEST TARGET (MT-S) / O ,^ fe 1.0 I.I ^ 1^ 12.0 L25 ■ 1.4 1.6 ^ Photographic Sciences Corpomtion # \ ^v ^q> V ^ \ . > A 6\ <> 33 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 # o k^ 232, Lord Godeuich's It. I Tb« House themselves, It appears, refused to 'coiiciu' in an ilddlrfifls for their own dissolution. In favor of the motion, eighteen mcnobcrs voted, and twenty-seven against it. The two parties it is said each representing populations numerically equal. But It is added that nineteen of the majority were persons holding offices orplaces at the pleasure of the Crown. Uj)on what grounds Mr. Mackenzie makes this assertion I am at a loss to conjecture, I have befDrc me a list of the majority who voted upon the occa- gioD referred to, and on comparing it with the annual return of the civil establishment of the colony for 1830, I cannot discover that it includes more than six gentlemen holdin- Coi.r.oK.NF, ^) V'rxKuiit (i()i»r.RKn, nidnsinv^ .iddrtssts from llie Ltgiala- tlm i'o^nril and 1 louse of Asstmbli/. Urrr.R Cavad.*, I York, Idth Ffbrnari/, IGo'o. S Mv Lonn, I Inve llir honour to ncqniiint Your [,ni(I -liip, tlmr briui: p'-ijiudt'il iiittch inconvenience must .ut!-" Iiom p(itions carried hbmt by Mr. Mackenzie, >raving been received l>y Uie House of Assembly lafst Session, I have no doubt that Your Lordship will approve of tVte course which I have pursued u\ giving publicity to Your Lordship's Despatch. I have, &c. (Signed) J. COLBORNT:. No; CO. To His ExcrUenr.ff Sir John Colbornr, J\ni^7if, Commander of the Most Honourable Military Order of the Bath^ Lieutenant Governor of the Province of Upper Canada, and Major Gene- ral Commanding His Majesti/''s Forces theieiiiy SfC. S$C* SfCm May it PLKiss Your Excellency : We, His Majesty's dutiful and loyal strbjccts, the Le- gislative Council of Upper Canada, in Provincial Parliament as- sembled, beg leave to express our thanks to Your Excellency fi)r l-,iyiiig before ns an original despatch, written to Your Excellency by the Right Honourable the Secretary of State for the Colonics, Oil llie 8th of Novemlwr last, containing his Lordship's ©bserva- fi;)ns ".M great length, upon a variety of statements made to him by Mr. \V. L. Mackenzie, an inh;rbitanl of this town. Having per- used this Despatch, we comply with your Excellency's desire irt returning it to your Excellency, taking it for yranted that tli« fiiily reason for laying it l)efore the Legislative Council was the (iirocliun contained iu tlie Despatch tlserve, with pleasure, the declarat"on of Jlh Lordship, in one part of his Despatcl), that Ifis Majesty's f.'overnnieiit has no right to interfere in the proceedings of the Council; and tliey Rhould liavc felt most happy, if ihe same conviction which had dictated that declaration had also su:;£;ested that no individual ninmber can constitutionally be instructed upon the part which lie may take in those proceedings. If, instead of being appoint- ed to the Council for life, the members of that body had held their seats at the pleasure of His Majesty, it would seem, but a reasonable consequence, that either that pleasure should be con- clusively expressed, by absolutely removing the member, or that he should be left to be freely governed by his own discretion in respect to the frequency of his attendance in his place, as well as the extent to which he may participate in the acts and delibe- rations of the House;, The Legislative Council observes. That His Majesty's Secre- tnry of State, adverts in the Despatch to a statement that Mr. Hume had excited expectations of certain measures in regard to this Colony, which expectations ought not to be disappointed. I'pon this point it is not unimportant, in the opinion of the ('ouncil to observe, that if reliance could be placed on the same source of authority, on which most of those assertions rest, wliich have occupied so much of the attention of His Majesty's (lovernment, Mr. Hume would indeed be responsible in no small degree for any discontent which may in time be produced in this Province in respect to its constitution and Government ; but the Council sincerely trusts thnt it is not with truth represented that the measures beginning to be introduced info this prosperous Colony for establishing Political Unions, which thieaten alike the peace and the liberty of the people, are pursued under his fpconunendation ; the Council, indeed, are bound at present to discredit it. It would be difficult to conceive what motives would justify, or what feeling could impel, any one of our fellow sub- jpcts, in England, to such a proceeding. The people of Upper ('anada are at this moment, anion'; i;he most favoured on earth; they enjoy peace, liberty, security nnd abundance; on a fertile Mil, and in a healthful climate, with an almost total exemption from burthens of any kind, and they enjoy those at a time when distress, tumults, and the prospect of-war, occasion suffer- ing and anxiety in most countries of the world. If under these circumstances there can be any considerable niunber who are really not contented with their lot as inhabitants of Upper Canada, the only cause of their nnhappiness must bo, 'that tkey h*ve pot a disposition to be thankful. Addresjj or The Logialativo O.tuicil, nftor n perusal of llti* dospntch ofllu Majpiity'hi fcjurrclury ol' .S|n•t^ lia.s llnif-' iVniikly fxpn btii.d to jour Kxcolloiioy llioso BCMif..mt;ritfl wliicli, il' tlicy Imd forlioriu; to ft'wo lliotn utterance, iniiKt. n'n'ert!ioI.»j.s liavc rjiiiKiiicd itnprcsEod Up- on tlioir miiulp. It. ia tlicir earnofl h()\s(i tliiit tlicy will not lie thntirrjit to Imve departed on tliis uci'iitiion of iiniibiiiil delitacy, from that respect to Wis Mnji'Sty's (Jovcriirnctit of wliicli tlicy are enii. i«(:ioU8 tiiat llic Legii'liitive (.■oiincil ii»a never been uiiniiiidtiil. — 1'licy do not enlerluiii llie tlioiejlit iliiit a Ministrr of the (.'lowij can ever apply liimseif to the iilFiir.-, of llii^ coJoiiy with any otln r wisth or mtenlioti than to do good, and ihey reeognipe in the voiii. rninon.^ deHpatch wliieli lias been jdaee-J before them the most anx. ious desire to place in their true point of view fioine que.stionH to wliieli the attcn'ion of His Maj' sty's Goverimient had been called, not inoiely, us the Council is awfire, by the rei>rcserUati(iiis of an i'ldividiial, but by the petitioiisof anunihcrof His Majesty's suljocU in th a Province. For the desire Juir shewn, the Legislative Conn- cil cannot be otherwise than thankful ; and tirey lament the more, tliat in a document in which an anxiety to allay prejudice ia, on the whole, so nianifept, occasion should have been given tor the exprts- eion of deep regret at the impressions which tome of its passnjr^s arc calcvilatcd to produce. The Council, with the gieati st dekr- pnce to His Majesty's Government, beg further to add, that althoii;;li they are far frtiiii thinkincr that no inipor'arce should beattaclud to the respectability of the source from whence information upon the p''blic allairs of this colony, or the coimIik t of its govoninierif, is sought and devised, yet, with respect to various opinions exprefK.^ ed, it would have seemed to the Council to evince a dcj arfiire fmin all former usogrp, almost equally to be regretted, to have fenrul lii.s Majesty's Government involved in |)uhlic discusnions upon the com- position and proceedings of the Legifhitive Assemblies of this co- lony, in consequence of the repreacntations of any one of its must retpectablo inijabitants. Your Excellenry liaving transmitted to tl;e I.rgi.'-Oativc Council tlie despatch and documents referred to, as the only method whicli we feel could have been cons's'ent with the dignity of the govern- ment for giving to them the pnblieily required by His Mijesty'u Minister, wo have thought it tlie niore regular and respectfu! conrs.^ to address to your Excellency our unanimous sentiments npen tin in under the expectation, however, that your Fxcdleney will deem it proper to tiansmit a copy of this Address to His Majesty's Secre- tary of ytate lor the Colonies. JOHN B. ROBINSON, ypeakcr. Ii?gislftive Council Chamber, ) 2nd day of February, 1833. \ To Hix EorcUmci/ Sir John CotronNr, Kvigli Commander of the mast Honorable SliUi/an/ Order of Iht Bath, I.ienienaiit Corcrnor oj tit |[oi.sii: OF A«si:.Mnr v. 243 Pi-nrincA nf Uppir CmuvLi, Mojor Gintral (^(Duwiiiiinj His Mitjcdfi Foicct iheiein, ^'c. Mav it pi,gasu Yoi/R Kx<:i.;i.i.k.vcy: \Vp, llig MiijftHly'-< flnhful nnd loyal sti'ijoi-ts, tlic ro;nuioni (if f'i)j>or Ciiiuilii, ill I'roviiioiiil I'lirlianii'iit HriS'MnblciI. rctu-M 'xir tiiaiilvH ("di* Votir Hxc file I icy' J Mo.-)sa,'t! of tlir> t,.v,'U'li day (jf Jaivi- iirv last, traiiHiii.tliii!r a l).j.s;»atcl» of tin; Ri;jrliL Hon. llio .Sucrclary of Sliito for llie (Juloiiioi', in aii-'WHr to crlain Ittttcra and docu- iiic'ii.H addi--'HS(;(l to Ins lionlship fortlio pia'poHi; ofin-oving that tlie |i;;o|i!t; of tliid happy and prosptMOun ('olony aro opjirostiud and hnr- 1 1! lod with gricvmnos, and hav.' b?conio so disoontfnted, thnt 1 1 Tc: is d in;,''?r nf rovolt and I)lo)i.lsli d, nnloos IhodO alleged bur- [,i.-'iiH and ^riovanof^H aro removed and rodroti-sod. Wo most read ly uoncfMlu that the Nul)lo S.-crotnry of St.ito waa n :liiattid by tht; itost motives in franiiiitf iho Despatch in qnostion ; lull W'! ca-not rnfraiiJ froin oxp;crfsiiij onr f^reat ro;^rot, that it did nut occnr to his Lordrfliip, tint tillrnratioMs tlim doe ply afTwctinif th« ( liiractor of His Mijf.-sty'j snhj;ot.s of [Tppor Canada, rested on no ItUur testimony tiian that of an individnal wiio liad hnon twimi ex- |';!l vl tliis llou,o, and wlio, in fioiidoijuiiniro of hits Imviii^ f.ii)r:catnd ami ruitcratcd lib I? of the j|ro3.s(jst (i,?aoriptio:i, had buon declared iinlir. and unworthy a scat in tho As.senibly dnrinir tli* prerjcnt Par- ImmMit. If this fact had occnrrod to his Loi-d^Iiip, it id rcasoiuiblo to sMppo-so that ho would not Inve fult hiin-iolt" at liberty to rocoj- niso the aiiMior of fhi.s additional cilnmiiy on lli« people of ttiis !'(Oviiii;r', as tlio Ajjpnt, or as s,)eal;iiiJ tlii; s.iiitiinonts of any por- tio 1 of th'T loyal inhablfants of tho Provinco of Upper Ciiiada ; (iiil would, thoroforo, hive considt.Tod it iiUKrly unnecessary to tMit,i!r into so elaborate an exauiinatioa or refutation of any thintf ,id-ina;d by him. The Hou^e of Aa.-!pmbly aro imwillinnp to occupy Vnnr Excel. Icncy's! tiin'i or.att.ciitioii by p.ommentinjr on the drtaila of tlui des- pafcli, or on the diff'iront niittera referrod to m it, as oonst'iudHjr jrruiind;) of complaint on tho pirt of a fmv of t!io p^ iplo ol fli!3 Irovinco ; they will inuroly remark, that the roinedy for any ilia .ille:ri:d to oxist,, is placjd HI the hands and i-f within the cou^titu- t nnal [»0W'^r of fho L?^'islature of the Colony, and the Noble iv^i'.retary of State docs the pooplo of tins Province but justice i\\ behovinj; " tliat there are no p^^oplo on earth who are b'ss likely to yifild to the unmanly WQakness of dGirpairin;:^ of the public good, aiij of bitrayingt'neir mo3t sacred dutict; in a pusillaninious spirit." AcUnii npoa principles and feelinifs duhnctncally upposite to those iniputfid to them, we are confident that they .viU take care to oxurcise their riglitsas fp'oniMi and 13rili.sli snlij.-'ets in enc.h a min- iipr as will ensure the election of represent itives, who will mam- tii;n our excelloiit con~tiiution, jjuird our rijfiits, and with tho con- C'ln-oncG of the other bran.Jiea of the L^^^i.^lature, adopt such inoa- B ires as miy app.^ar necessary for removing any juot grounds of complaint. [Si^rnod] ARCH. McLEAN, Sj^-aker, C'lmnmir H lu^r of A sse?n .''/.•/, } Oih day of February, lii'^S. ^ 244 A . ?'J si" l!i 1'^ No. 81. C AuDUESs to IFis Majesty from the iiihnbitunts of Lennox anil Addin<^tun. To the King's mot* Ex<:elleat Majesty, Most Ghacious Soveiikigx : Wf, Your Majes()i's dutiful and loyal subjects, iuhabilfiuts of iho counties of Leunox :uid Addington, in the Alid- Kin.'l Di.-*trict, and Province of Upper Canada, beg leave humbly aaJ respectfully to tender our most hearty and sincere tliuuks tu Your Majesty, for the consideration which Your Majesty heus been pleased to bestow upon tlie representations and petitions of Your Majesty's subjects in this Province, as evinced by the despatch of Lord Goderich, Your Majesty's Secretary of State for the Colo- nies, dated 8th iVoveuiber, 13-{"^, anu transmitted by His Excellen- cy tlie Lieutenant Govciuor Sir John Colborne, to the House of As>*eiiibly, during tlte recent sessioi. of our Provincial Parliament. Trusting, as we do, that the paternal cute mauifesicd in that riespatuh, and a free, unrestrained and direct cominunicntioii between Your Majesty's Government and the people of Upper Canada, will be the means of perpetuating the bonds of loyalty, alfection and gratitude which bind iis to Your Majesty's {person and govornmL-nt, and believing that the various measures »f reform mantioncd iu the dcspatbh, many of which have long been most anxiously desired by a large majority of the people of this Province, if adoptcil, cannot fail to render Your 3Iajesty'« fittithful subjects iliore prosperous, contented and happy. (Sig.Tvd) HKNRY LAS HE K, (And 1601 other signatures.) No. 82. ADDRZSii to Ills Majesty fro,K the inhabitanls of Cobourg. To the King's Most Excellent Majesty, M\i IT TLEV^E Your Ma.ikstv : Wo Your Majesty's dutiful and loyal subjects of the Town of Coljourg and its vicinity, beg leave to renew tbp pledges of our lidelity and loyal attachmont to Your Majesty'.? person and government, and to express our unfeigned gratitu.l" for the interest Your Majeaty lias always taken in the welfare ot this Province, and especially for Your Majesty's benevolent con- forrence in the liberal suggestions contained in the despatch of Your Maj- sty's CoIoniarSccri'tary, the Right Honorable Lori Viscount Godench, bearing date the ditiuf Xovember lait. GinEVANCLS i.\ Upi'Efi Canada. 245 It Una occ.'isionefl no \<^r,cr Canada I^eg^islaturc. RETURN to an Address to His Majesty, daicd 6 Feb. :—for. RKTURNS of tho Names of the Mrmcers of iho Lrinisi.A- TTvr. and F.xrcrjTivr Councils and IIoupr of AssDMnrv of UppL,i\n(\ Lower Canada, on the 1st July 18.32 ; stat- ins; tl't' various OfTices, Employmeiitsand Puhlic Situations each of thorn held tindrrtho British and Colonial GovGrn- monts, Clerical and Lay ; wi'h an Account of tho Pay, the Salaries, the Allowances and the Amount of all Foes or other En)o1um(Mits rereivr^d hy each for each Office; show- i PIT also, whether any, and if so, wiiat IIalf-|;ay, Pension, Siiporanuatcd or Retired Allowance each receives, and for what Ofiice or Situation, and the Aggreirate Amount rcceivcfl i)y each in the year for all such offices or Ein])loymcnts ; ai:(! stating the dates of Appointinentto eachOfficc, Employment and Situation, tho Autliority hy which appointed, and tho Tenure hy wln'ch held; also, wheilicr there aro any duties to 1)!' porformod, and whether the duties of tlioso Ofiices aro performed who .;y in Person or hy Deputy or Deputies, and what Pitv, AUovancc, Fees or Emoluments each of such M2 > -\m 'M 246 Rr.TtTKJr. DopiUlps receives, and whether paid by tho Principal of tlio OlTico or by the Government or other Funds, or by Fees, and how much by each ; showing also from wii;it Funds, British or Colonial^ any and all of the Pay, Pen- sion, Superannuated or other Allowances and Emoluments arc paid ; — Also, A Return of all Grants of Land or other Public Property made at any time by tho British Govern- ment, or tho Governments of Upper and Lower CanadLnOR?,F^ Tlio Ri:;hL Hon. Li'id Viscount Goulkich. &i'. (S:c. 'Sec, 21S RlTIJIIX UELATlNCi TO THL (2.) A Rktuhk of the Members of the hvMim.A'iiML and Jultf, 18UiJ, stating the various OJ/icts, Unqjlut/maits and Colonial I Arcouiil ui' Ainount uf OfflcM, riup)i)3incnts niitj illtc'pay, sala-l lialC I'uy, 1 MAHB. Public b..uatluM , |i.\ aad ullnw-il'cuMnii >u ,A<:Krrgnle a | , C'U-iic.il :iiul ],ii>, liiui-f!, iiHit a- |tfi-aiitiii;ili.'i1 'liiuimi nt'ci-| •>«!# i>f .Ap- liclJ Uy ciitl] jutiiiLer. .iimuni uluTi :n icliirJ al-. vi.l in Ik.' ^vi .nii'iii lu i ;uiiil oihi'i' c- hi«»iif -■. ami' yen i- f>ir air_'':iili "tine, jjiiuhiiiifmi ilVr wluil "I IHlii-<'S Uiiil r.ii'i'li'.Mii'nl IukOi6LATIVM AND K.VKtl'TlVK nri ;miI (i.\ I'ld'or uluu iKiiioluuilnli. ,"' S'lualiou. ^'Uu.NCil i,.15 |ExotuU\o l'oui!cillur,i lUU I i ■jlatu UciL'ivtr gi;iicrul, i u. IS I I 400 d.r ri5 \S (JO .. .. / i^biPir, Bttilii.g. (Ji.iiy "''i 450 .. ..iUiJwi.!6ia tioriiiig. ^Vmi. DicUsoii, •e«.CroCi}.«llBnii,|ljfa Coitim^i li.iig- • bktlir;,-. ::oo •■■■11 MO Ji/>(n EURclinii, AfcliuoftfoiKif York ir.xcciUlvn Cuuiieillor, : 100 I i 'I'rrKiii'iit FxixxTivi: Councils and Houkk ok Asskmuly on tht Ixt I'uOtic SUuatiuos ; each of than Iicld under the Britinh and Goccrnment. ,\mor„it of Pny, j^ SliHrinfnl i.r «ll Ormiti (.f l.«n(1 Hll(^ '*"""■•""■"'•*•'""; or oilier I'uhlir I'limiHy mnv...l „i Whether there are J"-"''!'""""' » . ""'{•Iiuiy |ii„e from the Briiuh Uoveri.ii.mi, AiUhnrily; iiu.v Diilies lohe iifri , I'", ^ "^"^'VV''.! .ur by the liovtiiiineiiU of Ui.iier or lh« Tenure hy'loruieil, iiud whclhtr'*''.'''"''' 1'"'^ '> y'tll.ower < iiiinJa, 1o liiiniell' or any of li Mirh npnoiul iierlrirmeil wholly nil' ''""^'1'"! "' , '" "' his thiliiri'ii, wilU iLi! Uttl« Mud citiul nppoiut uitfut is JivlU. herliiriiieil wholly ..... - . ... |l'.r*on,or hy Ui-im ''•'■• ">• 'V- ""^ .V" of ,Mch jraiil. .. ■ v»|.|i inj... t t\v i.liii'l*. * iy or iifjiulics. vcMiini-iit or olht i-'iiii(U, Hviiish Coluiiiut. IDiiK- of (irniif. No.ofnores.i Total. ■ .. 6irU.Driiiiimoml Vurioun dulicB, Hii Mnjeaty'n iiiiiikIuiiiiu. Jlt« Mujunty, ill* }lnj«iitT'i lUHluUlNU* n;j M.ijcdty's niuniiuniuK, Pirl". AfalilniMl, \hh Mn|«slv'8 ■uniiduiiiuK, f'l V. Maillaiii), Dillo, 111), nj£ntv> ll.lX roiii IVrforincU in pcr- 13 Julv 1707 14 .'. 17U8 1 .. 17'Juwt;ll, no .. 1 Mnr. '.'7 Miiv 2 Dec. 3 Aug. 10 .. UJun. i7u: iV(i-i I7!K»| IHM I'd,*. Miiy Sep. Juiiu 1H22 18^3 VBrioiiK dulion ; 'lioilVjimoti ill [icr l^MOII Vnriotn (liilios : ] in roriiiotl ill per I [.son I Variiiim diilics ; j (Mriimird in pt'i I". ii'liiu ^.. . • lOii iiniloi ilii 1 ^1, niiil nj«i«li.il ■I foiil or' ih' jt)y at«l>iilv. ■ iuiii. L.<.. I 31 Drc. 1708 1801 20 Jln^ 1818 28 Feb. IROt tMiilv i.«-r.i .') J nil". lh'08 16 Jan. 18l(] t'l,"»0,li\ w.irriiiil 'Mil ol llie I'roviii I ihI I'tiitil. .Tuning' .'» ( let. \H'>:,\ 'J July 185-r 1* .7,301 100 .;,o 3,202 1,200 : 1,200 1,200 1 100 1 « TOO 800 f' SOO i^ K i I m 1 r *1 V Hi.; % .;'ffiw' 250 RktL'iuN uelaTNg to TllK NAH£. 1' 4oioiMi« I'l, A«iiniin» of Ulie pajisntaj Hull pay, Iryoiidallavr- Priiiion, lU' (>ffi'<>r«, rnn4iij'in««l aiifl.iiKim, »ii() a'p»'aiimiii»fil i'mIiIh'. sit'imtifMia, CU'rlfaljin'iuiii uf IVr.«.or retired Al anrt Lay, hvW by hicitninl ollipr ll«innf. inmlniiiFiiu rwiMTert hy racb officer. Lef{.&Ekoa4itiTO Cuuiidllor* — con'd. U.II. Uarkloiiil, jKxocutlvo Councillor^ M)0 iRogiitUHr Kiiigii Col j ■llTlJP, jj'nerolary &■ llecoivur iGlerj^y Oor|iurutlon< S. ^««ary&TroB»urnr Hoard of FMiication. ,Rcfoivc#(l«iM;rol^ - Agstegate nmnniit re- ceived In (he Inwanrri, ftiyrtir Tor nil for wlml of- lire or lilii (ion. ofllcffl or eui ploj-ineiilt. John U. Dunn, WiUtftin Allan, r no 1080^ d. .4 ..i £ ». Wm. CHm|>hell, lliiiH; Chief Justice, Puter lloblnsoii, HViinmiHHioner of (Crown Landii, (Exeeutivo Councillor, Surveyor General of Cfiarioa Junea, Jumet Gordon, <> John B. Uuthnsoi^l'liief Justice of tlu' |l*Tovince, •Speaker of the Login 'liitivo l.'uuneil, Alea. M'Doimoil, |lHsi)Pctor of SIiop, ) jStiTi and Tavern Li- V icencos, H. District, ) iLalo AsNigtant Sccre- (tary, Indian Dcpart-J jme'nt, U. Oi H " ' Rxor.utivo Councillor, .-.IK) toil oOO ■r 300 stcfl'g Hate ot ap puiiiimeiii lu cdch nWce, f inplo\ inrnt or iitualioa. £ ». a 400 sleg>. 1,080 8teg 1,200 1,100 '«Jnly'27 3 Sep '-iii •Apr '20 n Oct 1825 ' m-z: 1500 .. .700 . •.MIiiVc ;ii 7 tcoir. Z. Burtibam, - Jobn Elmrlej A. Baldwin, .Tno. H. Hamilton Walter Buswell, I'etor Adnrodon, amoa Kerby, Kcdnccd LIcnt. Hciviilf Navy, - - •- I Cummiaaionc; vii Half Pny, Royal Navy, - Reduced Major, Reduced Major, Tncor iioraled Militia, V. C. John Kerliy, - Jani«« Ciut.>k», Alo.\. M'DonnelllBibhop of Reaioj'oli: i Alfxnn'lot Griiut, Arthur Lloyd, ■I 85 3 4 Ot 5 . 150 173 173 Ci i,eeOste*^ S06 11 !• Sterling. 91 5 .. .June '18 20 Sep '30 17 Aug '24 150 .. 173 7 C> 7 6 173 7 (j fiOO ■July 1839 . Jan 1830 ' Oct 1628 1811 fiOO .. ... 1824 "^na Councils ANi) Assembly of UppEu Canada. 261 AiuhorU.vi Aii'1 the Tentir* b) AmuuM. n( t*a)r,' AllttiteiMiil of lii Oir,M of Laud ^Alluwancci, k'lWik ucjorolhcr I'lililiv PrDpri'ty rmi-ivii* m« Whether tlier«fU'e'Kni(*liinir[Wi each utij tiuiv I'roin Ihtf Hriiuh v«ruuiriii-' ol' Uppttr rw- f'oriiieil, niiilwh'Mhrriwhelher pnid by lh«!l.u««r ChiMiIii, Io liuii^rlf oi any of pertorined wholly lu.prioripalol'Uia nfficejiih chiMrrii, witb tii* ilat* iMili MMiit l*«ri(>ii, or liy Ucyu liir by th« govi'm- m' im ll ii iranl. ly or twpullel. Intent or other niii.li, ^^ \)BrUi>b ufllolwiiMi IlinMaJoiity, I.ifiit. (iuvernor, - - Ditto - Ditto I'lulor Ofcat Poal Duties pfirfofiiitift ol'Kiiglaiitl, ill iMmoik I ' i The Kiiitf, under VarlouR duties | the BigiiManudI, By. rommlHaioii uuilnr the Grent Boiil of tlio Pfov iiii-o, Culonial Acts, ■ Cominiwidcr of ttw Forces, l> C. liis Majofity'fl Diandainitg, Admiralty, V.iriuU9 diitloii ^ IMttl'uriiu'd III |ier j [uoii.) ' U.u« of rinuii.lNo.ofacreit Tol S\>1 f tm Oak 1^0 »-i' 181 Tt 1804 |>crfoiiuod ill p«r (sou il2 sUi 6A0 (too 1,000 KovlHl»t l.aDl» Juii 1816 200 400 I 1 !^l hino4S I i Diitic« perrormod in persua. DutlM perrorniMJ in |)uraui>, Dnty perfurinei] in peraoiv, Lnrdii Conimig uoiifira ol' tiM Ad- (.miralty Rcrommondation of the British Go voriirnent. Ap- poiiitiniMit of liiP iHou of Kouie, Duty for some years porformed in porion, m iaiy IBSm l\C, Fob J808 * 'J July 1802' 1818 1813 183} IT&t 1808 182-1 1816 39 Ou 1834 11 Nov iaofl IMO 1 800 2,900 1,200 001 1,000 200 800 600 300 200 1,000 soo 9,000 1 100 1 400 300 £500 from U. C Guvernment, out of Canada Com- pany's Fundi ; lOOi.fromthoGo vernment of Low >r Canada, bis wlib 1809 1827 1830' 1,300 1,000 SOO 1,000 1,200 1,000 900 1,200 600 1 1-4 170 eoo 1,200 1,900 soo 1,200 }•■' J 3,000 j l.lflO U,70flt \\w I TOO 1,200 jl,9(jp 1,«00 1 3,30(1 900 2,3Tli 3,400 fiOO 1,200 11-:^ Hi 252 Retlun' Ri:r-ATL\ci to tub 1 !m| i'i 1 ' ft 1 Jiyi '.1, fill Ir t KAMK. Af rniiiit of (lie )>n.v ,sftM ry ntnl nlf itr Aninitnl nf ll:tlr pny, |>ri)iini), til prrnnn.itril PiiMin S tiiatiiMii, (If riral.itiuiihi nt'lrr<;nr ifliivd fit and I,ny, lit'M hy eni'li Mitmb«*r. aitit oiiifr f Inwanrp, nnd mr-liimriiti * Corwhnto) riTfivt'd hv'Prf nr jifim j^tuploymeiila rarli uiricfr. tion. i l«rg.& Rxocutive Councillors— con*d. A^.aliAin Kvlles, ' - - - - oflicpi or £ t. fli iinMMiiil rr- iiiiinln^'iii m r ivrrt in Ihp fai li .-.fiiop i^nr Tnr nil rmpln\ntf>ni' "f iituniiijii MrmbeR!) or THE Arscmoly. B. C ncnrilslpy, H .1. Bniiltnn, Win. IJorrzy, M Snidwoll, (i, S. Koulton, .Tolin Tlrown, Win. Hiirll, Mulilun Hurwoll. tr. M'" Afi'v Oonorsl. Iiul^jo VV. I)i8i. Court, R"{;i.«triir of en. of N Ji llimalti'rliinil, Roplstrnrro. of iMiddlnnPx, Collprlor of ruatoinii. ;!()n 10 TU r «. H- £ ■• fl-! £ a. 4. John ramphoU, , VVm. Cliisholm, | D.'pmy Postmaiitor, •lolin riark, .I(jhn Cook, VVm. Crooki, riiRK. niinromhe VVm. Elliott, A. Frdssr, R D Fraser, C A. nagorman. S^ 4 Trt • I 20 , , RsdiiCfd qr. ra.iufpr ,' lato C'nnndinn Rejj't, Collector of Ciistomn Solicitor General, 54 .. 1.59 (lj . . M. M- rioMdrd, I'ftomos tlornor, Rejigtrar co- Oxford, W. n Jafvi*, i'lieriiTriomo District SOOKaMrv 3(iO Ceos,' 102 lO .. inOapIarv IVm from XAiM to X800 i • Henry J(ino8| PoMtinnsl.T town of TO 300 10 70 .. ..I .'iiIt Ih-,") ..') Apr. |8-,'r. I .., July l«4 j 1 ( lPfl.i so .. ..I I • • 51 . ..I . . I 152 B^.IODmIMI 500 April tn«3 lO-J 10 . I June l?llO From £70(1 to Xl,i00 out of wliirlitliRrr nro large diKlmrse- I iiicnt«, nvt R mount, (in<'lii(ling .^.iliiry) foi Inst vi'Hr. ' !)0 . . . MiiT iii>r \fiir. ISM ('oi'X( iLs AND Assi:mdlv of Ui'pf.h Canada. 253 Amoiiiil nC Piiy, A .Stnlemeiil orall Orniiti ol l.anl Allowiinrc!, Ki'cj oi or otiicr Hiililir PiO|MTiy r.'uaveO ai Wlieilifi ihr-mire'Kiiuilumeiud eiich !aii,v time t'ruiii the Brilisli 4iovcr«nu*iit, ^iiihnrily; itny I'liticv to lteiif^r-!l><>))iilv receivPH, Aiidior* hy the Oii\rruti>diti of Upper ur t.ic iVU'ue ti> ,itriiiieil, unit wrhrtlit'r **ii.*ilier |iuiU by ilir Lower f'liimda, to liimst'lC or i*.o of wuii'it ftii-li blitKiint-ipi'iiorntf^d wholly in'iiriuoipHlul'thf otKc li.riii ij l>il>l. iPer^dii, or by Ucpii or liy thi' (roveru tj Of Ut'p'iticii --»-_-■ iiput or other tniiM British orColoiiiul Ins I'iiiMrpii, Willi the Jule uiiil c.xti'ut >( luuh grunt. Iliilf nl' ;i'.y piufornipd ill pi ■•.■■1.1. St-lZlUClJ. IHU Lieutenant Gov- Di.t • • .Mi>-ti!n '-.m 1,200 I J CO" I ; OOO . ! " i ! Oi'futy Postmas, iniiHiis ubsenco iThc clork ro- ! 11 Jiinp ]3-1(il 500 f« General of oi'the l'o«tina»ici'cc>vo« jESO i er I Diitiiih North [thti duty it! per-lannum out ol' thc| I America. j"oii:i>d by aderk. eniolunita'.n ro-j , j Icoivpd by PriiK'i [ , t ipal- I i N2 5uo i 254 Rr/miNS REtATiNC TO TI!C NAME (»fflri*i, rmplnyu'fttt?* Hiid ^ P HiIk- .S.iuaiK'ii'., I 1. ici iL'al :iiiJ l.u.v. Muiiibrrii of AfHvuMy — coiiM. Ji)-sAO Kolchum, Juhii B. l^tiwifl, DiinfaiuM'Cul), Arclul M'Duiiuid A«'i'ouni ul] AuH>4int ulj lie pR), *i'h Ihiir \ i\\ , I .V uuil itl)ov\- 1*1 iiMi'ii Mt-' /iff rr^ate «• iiHo, iMul h- ixrHnriiir.ii'il u.iiiuii n-cei I '^*'^ "f Ai iiniiiit riTi-iA 'II iruitAl ill" vpitinl'iP !p'>*i'mciit •• iikI lH|;rr I' lowilIK.C. :wul .MftllOlu!!' |*«'*tl I'ffir?^ iHiJuirrnh "i^i- \\Uu\ ul' Oftrccs ami Kii'itii'ymtri ;»'ri-ivf»t li> ;*,i e or iitua Li..oiui:.Chl-. «'r »iltiaiiO»i. ■uf.U ultircr. lion. i , X \i. •.. a :' I Doiiiili! Sl'DoiiuKITp iNilrrr OttiUviT ,l;:»ti-.ci, Arc)iM M!-''iip, js'iicnkcr, "-.lac of i .\imrAor, . 10 .. 13(1 127 15 I AUanM'Nrtb, iTi.uu 1!. Macon, William Jloriiii, Boswc'I J'ount, Win II :'.rcrritt, iCoMrcfo! oi'Cuktoms, 100 .pppii'v Vnsrr-artri, 50 1. 30 W-H '■ fi 10 ..1 ia:i t i;o FTiiarli Nortor, j ' ' " I'6!di Fctry, 1 IJainiio; I'JtlK J, - - - Robert IlMidiiH, j " " ' Win. fi.Roljlnsoiv Joljii I' RMiu, I - - - OanisHll- ^n-Ti!..' ■'! - - . Absliloai i*iiiii;e, |r>o;ii.'\ riisiU'PiM-, 1,.' 19 I 1 I 10 ..| P»l*r rhii\''j', I f \}n\p fir" \it or jnumi.uii tir; CinsvA..-, AM) Afj-^K.Min.v OF Uim>5:r Canada. -j.> Aiiin'Mit of Fay,| \ •uminifnt of •'! Gr»ni« "f Lori A»l«i. rr.'eiv'U •« r.iii.iluiiiiMili f.ii'lH |,^j, ,,|„pri"in li'f llriioU f; "'••l"'u,., „„nil or (lU.ci;'" ""•"*' . Ity or iK'iiulH* :!m;;1::.1 ."''"*" "''iM^ur^m,,. .N...of.«re,.| Totl lH)»i 200 w l,-=]9 eo3 10* Pll Pfl» ^c•ngi^trH•.f^' „' Uii'y per'.' tli«l»!Ktrirl !it th" 'jy i'"r"'y> ♦ Mlicral U'l.l-lM '■•tHeioiii* lit' llic I tlJI li.'C'H. r*ttcc, f ivp I,irii)rli:ilil i\\ Hm iltT (',1 i ! I: «ovoruu.-, |l',inciiiiil, lit, £M yet ir.ni, ' l» puly I'lir l);iii i , liiilf^rosH ii "I ri- ;.t!.-,l'r,l(l wliolly. l! l'iiiicij>;.l, 1,1.1 r inity r.i- Ivr (JeiiL'i'il, l)i.r'.i-„ lliP ;iti- 'I)i>|mty rrrcivofi If'lS IFCS i;?ii I !!■ t I'rinc'ipiii llu' I'T coiitHfTf iii iihilv is ]!' ri'irnui 1 I'lill, 'li\ 11 i)rji-|!v. 000 ••O'l coo son 1>4M .' I ;ii July ir-\: U Dec. l.'-in 4(iO rirutrniinl Gov- DiKic! Til'- Dcputif ? rr 1 I iptT'V- '•iK-d I'y Dc ceiv c (1 llilii' ;ii!0- Jkpiity roMnrnt-il'""'*^" l«ii General, Uinirnts iirisiii" lllO'lihCllUl't iifUjcir dii'ieB. vi'in 1,0C0 300 200 800 soe <00 1,C00 •200 lOM I iHio or J820: rfoo 23 r.!.. lCOl" the (ill etiiolumciit*. il'iincipol, 1P29 1823 IPOO isao 20O 1,0W» 1,0C9 S0« 200 300 t ' VQ9 I '■■■1,1 m 2rt6 ReTUUNS KKLATIKr; TO THK KAMK. IAoroniit 111 lh» pn.v,«iiln' ryundnllim Ifflrpri, rmplnymrnt Rnd'niirei, Hnd ■ Piiblii' Niluntinn<, f'lrrl'-Hli mount of fet* iiiU Lay, livia by oucli Member. lllOhllllfflllH rfCL'iM'il hy each olllcer. X *. a. 30 .. . Hugh CTIiomton Dnpyty Clnrk of tlio Crown, Midluiid Divt. F. Vankougliiiott, Ash WpfU'ii, Reuben VVUitp, ; - - - ' ! • John VVilUon, ' Inspprlor ofS'ii'iii, Still] 51 I Ac iiinkeci>ers' Ijict'ii-| WmWilpon, l"'- - - - . • Amoiinl ol HHlfpny, P(n«inn, !iii Attf'fKie | I>iii» of yinent|. | lion. X 1. e< (h» jun '! ' <^f 111 Coi NciLs AND Assembly of Uprrn Canada. 257 \iilbnrilyi iiid thf tpiiiir* ..J itliit'li rai'li nnpoinl mciil U lu'fd. I.y Amount of Vh) •lloiriiicn, Trri ur fmnltimfiili oucti A itixiriiifrit n( all (iranti nf Lm4 or otiifr [iitblir properly ri^'tived lit nriy *itnv liiiiii (lie llriiiftb <• -vf rnnitiil or hy the tiovr riinipnti IJppe Whether there are ftny iliriiei In lie per- rorined,Bnil whrtlier perlurnird wholly in \'t''~"'"ii ' ,r ^" iCoiiiiilil. Piita or Oram. No olarrKi Tol.il. whether n.iib lue il" or i>r any of np.d aatiut Ch.k of the Crown, Duty pcrformt-d In jiot^oii, J,iiiii"njnf Oov-'PiitT I'urformed criii»r, I III |inraon, 1HI<( I 1H17 I lUlI) j IH Mnr, 18jp' 200 3 S()|i. . :j Due. . 18IW 1£18 401 701 4 4i)l) >ed (heiura »f - - . ! . . . . !?• perili\ (li'rins altendauT upon hijrnrliiiwe.iUrj dunci. fLj'd TnLKS OF 13 1 u. (;$ )— LT.'^T or fli? Titles of all Bills of a Public or^Gonornl dm- nctfr. wlrch, having origiiiiilcc! in the lloustj of A^suiubly •Iiirin;^ t!j(3 'J'en la, were altered by the Lt.ijisla- fivc ('onnc 1, so a^ to cause their subs qiioiit rejection la the lliinso whence they onginated ; or wh.ch h.ivuig on^iniittd ill, and beon passed by the L^gislativo Council, were aflur- wirds reject-id by tl:c Assembly ; aLo of the Titles of Hills \vh:c!i, having been passed in the Legislative Council and A..seinb!y, have been refused His Mnjesly's Sanction. Mi .?. . ',,/t Fourth Sjssiun, JC(>/t^'l Provincial Parliamcni. (182i ) Titles of Bil's or-gi'iat.' d in the House of A.-scmbly, and .ejnct{;4l by the Legislative Council, or d;'clined to 1)0 acted upon by thaiHuUdu : All Acf'c-op.'Ti pn/t of, and to amend an Act passod in the oOdi year of the re:gn of ins late M y^^iy G .'orge the Thini, intituled, " Ah Act for gianiingto Hid Miij.-sty a duty on Billi^ird TabKs." All Act to divide the county of Haltoii, in the Gore District. An Act to repeal the \on clans.' of.m A-.t passed in the I^Sih y«ar of his late Maj-'sty's reign, -ntituled, "An Ai;t for the belief rltvision of tlit-j Pi-ovuice, and lo d-clure the counties of Ljnnoi; and Addington sej^arale and iiulejiciKlnl Counties." An Act to cor. firm ccriain Miirriagfs in this Province. All Act to autlioHz • Ali. listers uf liic Society of M-jtIiod.sts lo, »;o!cmnize marriage in this Province. An Act to provide for tlie erection of the county of Prince EJ- ward into a se::arate District; and fo; otlier pnrpeses Ih'-rciii luen- tioned. An Act fo amend the laws now in foi'ce ifespccting the Courta of Probate, and Surrogate Courts in this Province. An Act to repr'al part of the sixth rhiiise of an Act passed in tiie rccond year of His JM;ijnsi:y's reign, ch;ip'er third, and alto pari of the 23d clause of im Act passovT iii thf ySth year of his laic Ma- jesty's reign, intitided, " An Act for the bett"r division of the Pro- vince, and to provide for t!ic better division of the District of N.w- cnsMe." An Act to rop^nl an Act. passed in the 44t.!i year of the reign of His late Majesty (Jeor^e the Tliinl, intituled, "An Act for the bet. tor securing this Province against all seditious attempts or designi to disturb the tranq'iillity tliereof " An Act to repeal part cf and ex'e id the provisions of an Act pifRcd in thi' JJSf.li y-ar of his l,i!.o M tj -sty's reign, int.tuled, " An Act to a^cir'ain and P'^t.iblisli on a permanent fooling the boundary Jin iS of the d ffjrent Towi.ships of lliis Provin.x<." Til.losof Tiilis o-irrlnatnd in ihe Hoiio" of Assembly, but afurwaids r 'j'-t h1 by that Jlou^e. by r-'a-^oii of anundmjnts made lo them by the L'^jfi.slative (loincil : An Act to roppa! t'le Lav,'.'' now in force for the preservation of Arrested in their PaoGRESii. 25y^ rhe Salmon Fisliery in tliis Province, and to make more effectual }irovi»:oij for a Jiuiitcd t;mc, for the preicrvalion ol'lhe utiiil riihery. Titles of Bill.-; orijlrrated and pas8?d in the Log^ishtive Council, and rpjected by the lloiue of Assembly : An Act to repeal an Act of Piirliamcnt niiid^ in England in the- £lst year of the r Mgn of his la'.e Majesty King James tne First, in- I tuled, " An Act to prevent the destroying and nturthemig of Bas- tard t'liililren," and to nialcc other provisions iu Jieu thereof. An Ant to make f irlher provision for settling tha uflairs of the pretend d Bunk of U^ipcr Canada. Titles of Bil!s pxpsed by the Ijeg s!at;vo Council and House of Aii- B'^nibly, from which the Royal Assent was wilhhe.'d : None. First S<:ssion, Ninth Pioviiicial Purliament. QS2b.) Titlesi of Bills originated in the House of Aasembly aad n jected by the L'^gislalive Council, or ds.clined to be acted upon by that House : Ai Act to e.xtcnJ to Persor.s charged w'th Polony the fu'I benefit or' Counsel, An Af't to authoriz-' t!ie Go^'ernor, LVsiite'iaiit-govenior, or per- so'i iidniiiiisteringthf G iverntnent, to d claro, hy proulauiation, the ciJii'ty of Pniiee Edward to be a separate District. Xw A.;t to remove nertnin disabilities afTocling Unltas Fvatrum^ or the UiiiteJ Brethren, Q'likcrs, Meijonist.-:, Tiinkors and Mora- vnns so fiir as to enable them to hold places of trjst uni profit in this Province. An Aet to Incnrporiite sundry ricrsoiia under the style and title of the Trustees of iho Waterloo iSchool-house, in 'le township of Kingston.- An Act to repeal an Act passed in the 44.li year of Ihj late Ma- j'.'.sty's reign, (!;iiap. 1. intiMfd, "An Act for the better securuijr this I^iovincrt ajrainst all seditious utlciiipto or de:iigiis ;o Jirftutb iho tranqn'Uity tiiiroof." An Act to enahlii cortai't Religious Societies to hold Lu^iida for the purpo.He.« !. or.iin mentioned. Aft Act to provide fjr the payment of Wages to Ileproscntalivcj of "^^ivns in lIuH I'^y/'nc^. An Act granting to His Majesty a euin of Muney in aid of thn Fdiuls for defraying t!ie rxpensu of the Administration of Justice, and support of tlic Civil Governmc;.L :!f this Province. TiTi.Rs of Bill-^ orlorinated in the lloiiao of Assembly, but after- wards rej-ctf >y t.'i.ii, ILu-r. 'y i-er.sou of -iiiieudinonts mada to tliem hv the i,e;ri.-i.ni\c '>'''ioil : None. 'io) TiTLKs OP Bills Titles of IMis originritrd nnd pnsfipcl in tlio Lojr'ulat.ive Council, ,. and rijcf;tcd by the ilou.sc of Assembly : An Act fo rf'pr'al tlio sr-ver^il Laws now in force relitting to llip late protfiidod Bink of UitiJer* Ciuinda, and to make further pro- vision for settling tlm ufFaira of Chat ii]istitiJlioii, Titles of Bills passed by Uie lii'sjiflldtive Council and House of Ansembly, from wh'.uli the Royal Assent was withlield : An Act to alter and iimond the Laws ii<'hv in force for rotiilating tho Co-.nmercini FuttTi ritirso botweiMi iliis Province and the United KiatPF, by laud or inlaiid navi;^;ttion, and to make; further piovision for tho same. An Act to allow of tho evideiicf* of Qualcnrs, Wenonisle, Tutikers and Aliiraviaiis or inoniher.T, of tlio Prott stant Church,' called •' Utiitas Frctrurr," in criminal cases and proceedings An Act to mfika c)('rf>oliial an' Act pasrJl'd' in the fourth j'nar of His present .'MiijiSfy''s rrisin, intitubd "An Act grantingtn Hid Majesty a eum of money for the purposes therein mcntioaeil." An Act for llio relief of ilouben Alward. Seconil Sfsaiiin, Ninth Provincial Parliamcnf. ('182^).; TrrLEHof I>,11~. ori.rinatod in the House of A!?s;''nibly and rejoctr!! by tlie Lfgi.-*l:Uive Council or declined to be us. L;.J apoii by that llouse : An A"!, f.r (illowiiirr personp tried for Felony, tiig benefit of ,i full d^rvtcft by (,'oiinsel. An AfiMo provide t'u- the ps.yment of the fteprf^scntiUiv.-s of TuV\'iia in lliis Proviu(:c. An Act for tho niort' eriuai di.sirjbution of the Property of per- tonri f?yin<:f i!iteslnl<\ An .4ci 'o remove CfTfain ai!?!ibilitiHf afFectiDt; thft people caiUd QHftk\:;rs, ]\Jenoni;;tK. J'-mh'^rf', and Moravians, "so far as to cnnbl.- lliem to hold pine.* of honour and pfodt iu this Province. An A.'t to provide for the rrcctioh of tlic County of Priiicc lld- wufd into a r,eparat? DislricL. An Acf to sjoci'ro to certain inliabiluntci of (.hia Province ri"liU and priviie^c^ .i.s British hubji-cts. * An Act to provide for tlie arrest in this Proviceo of certain of- fenders ajrainst tho laws of the United States, and for llleir being delivered to tho coubtituted authorities of the s.inio. An Act to afford relief to Debtors in execution for debt in certain eases. An Act to divide the Midland Diptrint, andere'^.l the County of Prince Edward into a ;-:'piratf» District. An Act to grant to Hi^ M.ijcsty a sum ofmonpy for the purposes therein nieniioriccl. AREIE^TED IN THEIR PKOdRESS. mi TifLBs of Bills originated in the House of Assembly, but after, wards rejected by that House, by reason of amendments made to them by the Legiaktive Council : An Act to repeal an Act passed in the 4lth year of his la'tc Ma- i"8ly'a rnign, Cliap. 1, intituled, " An Act for the better securing ifiid Province against all seditious attempts or designs to distuiii the tranquillity thereof. An Act to enable Sociotic jjrofcssing; Christianity to hold Lands for certain lurposns. An Act confirm and make valid certain Marriages heretofore contracted, and further to provide for the future solemnization o' Marriages within tliis Province. An Act to provide for the building a Goal and Court Honse in the District of Gcro, and to authorize the Magistrates to loan a sum of money for that purpose. Titles of Bills Originated and passed in the Legislative Council, and vpjoctod by the House of Assembly : An Act to repeal the several Laws now in force relating to tiie •lute pretended Bank of UpP'^r Canada, and to make further pro- via'on for settling the alTiiirs of t!ie said institution. An Act to confirm and quiet in the possession of their Estates, and to admit to the civil rights of subjects, certain classes of per- Kons therein mentioned. An Act to render Justices of t!ic Peace more safe in the c.kcc'n »ion of their duty. I'rrLGs of Bills passed by the Legislalive Council and House of Assembly, from which tlie Royal Asf'f'nt vvUs withheld : None. iiice ri''!iiii Third Session, Ninth Provincial Parliament. (1827^ Titles of Bills originated in the House of Assembly and rejected by the Legislative Council, or declined to bo acted upon by that House: An Act to allow pertons tried for Felony the benefit of full de- fence by Counsel. An Act to enable Religious Societies to hold Lauds for certain purposes. An Act to allow the same compensation to Members ropresant- ing Towns as is now allowed by law to the Representatives of Coiintieo in this Province. An Act to provide for the erection of the County of Prince Ed- ward into a separate District. An Act for tlie moro equal distribution of the properly of persons dying Intestate. \\\ Act to authoriz-? the saW of the CltTtrv Reserves within thia Proviuro. \J2 f 1 mP ^* ' 1 ■ ' <•. HP Hk, < 1 Ml il H ||i ||BH m. ^IbH I ( <262 Titles op Bills An Act to anthoriza the u3o of an laitial Letter in the nama of a Deponent making an affidavit in any Court in this Province when one baptismal name shall be given in full. ' An Act to authorize the holding tlie Courts of Oyer and Tprmi. rer, Assize, and Nisi Priue, ana General Gaol Delivery, in the District of Ottawa. An Act to incorporate certain persons by the name of »• The Bath School Society." An Act to authorize the holding of the inferior Courts in each County within this Province as therein mentioned. An Act to repeal part of, and amend the Law in force for the regulation of Juries. An Act to confirm and make valid certain Marriages heretofore contracted, and further to provide for the future solemnization of Marriage within this Province. An Act to compel the several proprietors of Lands adjacent to the principal highway leading through this Province, from the eas- tern to the western extremity thereof, !o perform certain duties upon the said Road, or to place an inhabitant upon such lands with- in the period tiierein prescribed. An Act to repeal the Law now in force establishing District Courts in this Province, and to make further pi'ovision respecting District Coui^s. An Act to grant to His Majesty a certain sum of money for the purposes therein mentioned. TiTiiBA of Bills originated in the Ilodso of Assembly, but after- wards rejected by that House, by reason of amendments made to them by the Legislative Council ; An Act to repeal an Act passed in the 44th year of his late Ma- jesty's reign, intituled, " An Act for the better securing this Ftov. int;e against all seditious attempts or designs to disturb the tran ^uility thereof.** An Act to abolish the punishment of Whipping and Pillory. An Act to close the procecdincf-* under an Act parsed in the 541 h year of his late Majesty's rfiij^n, intituled, "An Act to dcclarf certain persons therein described Aliens, and to vest their estates in His Majesty, after a limited poriod, and for other purposes there- in contained." TrTi.B* of Bills originated and passed in the Legislative Councih and rejected by the Aseembly : None. TniiKS of Bills passed by the TiPsiislative Council and HoiT^e of Assembly, from whirh the Roy«l Assent was withheld : An Art to provide for tliH mine eisy rrcovpry of Estmys- All Art to repeal part of nii Act prn^ed in tlif 4fh yenr of II'» present iVTajnsty's re'iini, r. r». intilnlpd " An Act to Mivide the County of <^;irlPton, in the Balhur*it Diatiict." ARtlESTED IN THEIR PROGRESS. 26S An Act to provide for the Natural i'/at ion of such persons resi- dent in this Province, at the period therein mentioned, as may not now he entitled by law to be regarded as natural born sul^ j ects of His Majesty. An Act to confirm British subjects in their titles to Ileal Es- tates in this Province, derived through Aliens. An Act to authorize the holding the inferior Courts i,n the dif- ferent Counties of this Province, where the same a/e not ^low by Iaw ho4den. Fourth SessioTit Ninth Provin/cial Parliamtnt. f 1828J Titles of Bills originated in the House of Assembly and rejec- ted by the Legislative Council, or declined to be acted upon by that House : An Act to repeal an Act passed in the 44th year of fais lat« Majesty's reign, intituled, *'■ An Act for the better securing this ^fQvince against all seditious attempts or designs to disturb th« tranquility thereof." An Act for the more equal distribution of the Property of Pcraona dying Intestate. An Act allowing persons tried for Felony the benefit of full defence by Counsel. An Act to repeal part of and amend the Law now in force for the regulation of Juries. An Act to alter the Law of Imprisonment for Dp*- . An Act to provide for a Police in the Town of x>elleville. An Act to erect the County of Prince Edward into a separate District. An Act to provide for the erection of the County of Norfolk into a separate District, and to re-annex the Townships of Wal- pole and Rainham to said County, and the better to establish the limits of said County. An Act to extend the limits of ^aols in this Province. An Act for the relief of Robeit Randal, and to give to ths Honourable John Walpole Willis certain powers therein men- tioned. An Act to enable the Canada Company the more convenieatly to perfect Titles to Lands sold by them. Titles of Bills originated in the House of Assembly, but after- wards rejected by that House, by reasons of amendments made to them by the Legislative Council : An Act for tlie more pasy recovery of Dower. An Act to amend flic Laws respecting the appointment of Over- seers of Highways and Pound Kccpeis. An Act to m^ke valid certain Marriag'^s heretofore contracted, '•n'l to provide tbi the futuic fcolemnizalion of Matrimony iu thi« Pjoviiicc. mi< Hm m% li mf 1 W^kjk m ^^H Pi n i l; Vi 264 Titles oi* Ijill.s All Act to itscerlHiu the number* of iho di/Tereiit Keliffiott* Deiiomiiiiitious within this i'i-ovinc«. Titles of Bills oiisinated and passed by tiie Legislative Conn- cil, and njected by the House of Assembly : An Act to enable Creditors to receive their just Debts out of the eff'jcts of their absent or absconding Debtors. An Act authorizing the formation of Mililia lliflle Companies. An Act directing the proceedings against Forcible Entry and Detainer, and j)rovlding a more speedy remedy for Landlords ?f::i";i;ioi! fioni far'^i-jn piir's into thit ^'•nviiice. lip 206 rn'LUS OF DlIiL9 rii it- (41 ■ ■ Second Session, Tenth Provincial Parliament. C1830.) "l^iTiiEs of Bills uriginatei] in the House of AsRcmblyn'-.u rejected . by tlie Legislative CouQcil, ur dccliaed tu be acted upon by that llouac. An Act to make valid certain Murriages heretofore contracted, and to provide foi the future solemnization of Matrimony in thi» province. An Act to erect the County of Prince Edward into a separate District. An Act for the more equal distribution of the Property of Per- sons dying Intestate. An Act to repeal the law now in force granting a Salary to the jChapSain of the House of Assembly. An Act to allow persons trie(l for Felony the benefit of full de- fence by Counsel. An Act to incorporate pertain persons by the style and title of "The Associated Farmers Copipany of the Home District, auc} parts adjacent." An Act to provide for registering Deeds and other Conveyan- ces within this Province, the same being executed in foreigfi countries. An Act to provide for the disppsal of a part of the Ooigy Re- serves in this Province. An Act to render Sheriflls and their Deputies ineligible to a ^at in the House nf Assembly in certain cases. An Act te declare the Boundaries of the Coiinty of Norfolk, and to erect the same into a separate District. An Act to appoint Commissioners, on the part of this Pro- vince, ti> treat with Commissioners pn the part of Lower Canada, on matters of mutual interest. Ati Act assigning Yards for the benefit of the health of Deb- tors confined in the respective gaols in this Province. An Act concerninti; the Law of Libel. An Act to declare and .lefine the duties of Steward. An Act the belter to proviue for the return and tnipanncliing of Jinics. An Act to require the Justices of the Pence, and the Trca- B\irers of the several Districts of this Province to publish their District Accounts. An Art to remunerate Robert Randall, Esqnire, for valua- ble services rcMdered this Province while in England. An Act for the better preservation of Salmon within this Pro- vince. An Act to provide for tilling vacancies that may occur by the death, removal, or neclect, or refusal to act, by any of the Com- ptissioner?! appointed by an Act passed in this present Session of Parliament, mtituled, "An Act jiranting to His Majesty a sum of irioney fur the improveaitnl ul" the Ruads and Bridges in thii Province," An Ai-t to exclude tht Judvt:- fiom the Lc^'irlalive and Exe- f utire Couiitil. ARRESTED lH TIIEItt PROGRE^I. 207 An Act to provide goo IN' TUVAll Vi'MCAU:. 2(VJ , All Act to provofit tlm op'Tation within fliin Proviimo, of an act. 0?" I'arliiimi'iit niiuln, ill Km;,'1;iiiiI in fii.> 31 Ti ri-K.9 OF "nir,i,H paspod by tlie Log'f<]ntivo Conncil nnd ITopy« of As.';('n)l)ly, fron^ wliidi liio llny:il Ay^vnl wn» witlihiMd : .N'onn, fifcond Session f Ukvcnth i'rnriitrinl VarVuimtnt. (18 J*,) TiTT-cs OK Bii.i.s originatnd ill tho House of Assembly and ra- jected by tlie liRgislative Council, or docliued to bo Jlclod upoit hy tliat llouse : An Act to repeal so much of tho Iiaw now in force aa authori- ' s the payment of a Salary to a Ciiaplain of tlio ilouso of As3tF Bir-i,s oriuinutcd in llin House of Assembly jind ip jreotfd by the Le!;ijhitive (Jouncii, or declined to be acted upon ArRESTLD IIN TIIKIR PllOGREsS. 27 J All Act to declare the (lualificatioii of Voters for Moinbcrs to rr>[irR8ciit cuituiti Towim in iliu lloiisu of Assembly iu this Pro- vince. An Act to incorpovatc certaiu persons nndcrtlH; style and tilln of " The Prosidont, Directors and Company of the faaiut Catha- rines Bank, in the Niagara District." An Act to establish a Police in the Town of Prescolt, in the Joliiistowh District. An Act to repeal part of an Act passed in the 3.')d year of tlje n^i^n of Kinj( (ieorge the Third, iiitilnled " An Act to fix the limes and p'aces of holdinj^the (General Quarter .Sessions oftlio Pe.ice in tiic several Districts of this Province ; and also to re- pi\d part of a certain other Act |)assed in the 41st year of the M'iijn of King G'corgn the 'J'hir(l, "intituled, "An Act to re- move do»il)fs with resp(!ct to the authority under which the Courts of (jJenerul Ciuarter Sessions of the Peace and other (^Jiirts have been erected and holtlcn, and other niiitters relating to the administration of justice done in the several Districts of this Province, and ..so to fix the times of holding the Quarter Sessions cf the Peace in and for tlic same, and to authorize the Jiolding of the Cleneral Quarter Sessions of the Peace of the Midland District, at Kingston and IJilicvilie alternately." An Act to explain the provisions of an Act pas.scd at the last session of the Legislature, intituled, "An Act for altering and amending the Charier of tho Pr«si(lent, Directors and Company of the Bank of Upper Canada, and for increasing the number of slinres to be held in the capital stock of the said Company" An Act to repeal and reduce into one Act the several Law* now in force establishing District Courts, and regulating tho practice thereof ; and also to extend the powers and jurisdiction of the said District Courts and further to regulate the practice of tiie said District Courts. An Act to establish a Police in the town of Cornwall, in the Eastern District. An Act to authorize His Majesty's Receiver General to issue Provincial Notes, chargeable upon the public Revenues of this Province. An Act granting to His Majesty a sum of 3Ioney to remune- nitc certain services therein mentioned. Titles of Bills originAted m the House of Aeaombly, but after- warda rejected by that House, by reason of Amendments made to them by the Legislative Council : An Act for the more convenient recovery of Estreats. An Act for amending the Law of Evidence in certain casetr. TiTLKB of Bills originated and passed in the Legislative Council, and i-ejected by the House of Assambly : An Act to authorize the traneporlmg of Oflendera. An Act to facilitate the ren:edy of Replevin. ..II ill ^72 ri^ riTLEfe OF Bil,L« TitmlB of Bills |M.ssf«l by l!ie l>('gi.sla(i\e Council iiml Hoiue rf Asseinbly, iVoiu wliich ihc Koval Assent \v;»s wiiliUtld: An Act to r-xtonil to certiiiri pcrs(.>u.'» tlir Civil iirul Toliiical liiglits of Natural born .Sul>Jt.-ci:>. JAIUES riTZClBlJOX, Ctcrl: of Asiivmlih/. €Urk of AsiitrnhlfK Office, i York, I'ppcr (-'niiadii, v £t: March, ld:j;{. ) 1 1 1 f 3 f i L^J !' I 1" List of tl»c lit'cs of ail the Bills vJiich liav- irig originated ifj the House of Afseinblv duiiii'^r the two last ^cs.^ions of the Lcoislatujc lOlVu-4 and I'ioO.) v. ere rojertcd, or declined tube act- ed upon by the Legisialive Council, or wliieh having been sent up were altered by the Legis- lative Council so as to cause their subsequent rejection in the House whence tl'.cy oiiguuitcd; or which, haviiig originnted in. and beerj jnibKcif by tlic Legislative Council, v.ere olterwiU'ds re- jected by the Assembly. Also, of the titles of Bills which having been passed in tlie iitigiblu- tive Council and Assembly, have been refused Uie Royal Asfit^it, or been resc rvcd for the sig- nification of His Maje.-ty's pleasure thereon: Faurih Session, Ekvtnih rarlUaiuuf, (].F.3S-i,} Titles of Bills ori5;niaU(l in tlio House, of A.sr-( lulily ;uid njectia by tlic Legiplativt; Cousicil, oi' ilcjiiiicd Id in.' iicted ujioti hv that House. An Act to incorporate sniidrv persons luulor iho style and liUe fcf the President, Directors and C'ui;i;:r;ny of'thr. (Jure J5;inlv. An Act to erect the ('oiiiity orXorloik into apopnialo District, Juid to autliorise a loan of money for the purpose of buildinj; a Gaol and Court lloiisf iii'^v'.:i;i. An Act to ropt-al an Act passed in the f i^l,!!. j,f,;u of His lntr! "''gjesty's rc.ig:!. Ptitlntd. "An Act lore'juirc the. .Insiiccs of tlic nrveral Di.^tricts of thi^ J'roviiice, to piibhsli n etatrtruMit of th'it Di.%trict Accounts" and to n^aiic fuithf-r pri'visinn for piiiihshini District Accounts and dispcisius of tho Dir^fric* I'unds. An Act to esl;iblisli the prcciit purvpy of (■( itnin :=idf> Lines in 'he Second Conte iion West of Ci'-ci ruinl in tlicTowuslii|> of 5.'vj>h:tib!itir2. m ■•» < f'^ AruLSTKD l\ TIILIK I'liOGliLSS. 273 An Acl toeiocf llio l-v-iint}- of lI:ist'mgK into a firparatc District. Au Act to iiic»ii|ior;itc i-oiliiin pfi-.-oii.s nndtr llic si_vl«> ami litis f)l tlie rtt'si'lciit, Diicctuis aiifl (Company ul lljc IJaiik olCuboiirg. An Act alVoi cling rnWvi U a Religious Dcnoniiuation called •• CUristiiins." An Act lo encourage tiic dcstnicfion of Wolvos. An Act to iiicoii'oiatc crituin pM-.sons uuilcr the style and till* (1 " The rp|)ei- Caiiaiia (Jlass 3Iiuiii(aclU!infi Company." An Act to incorporate a Joint Slock Company iox tlie Manu- (iicfuie of Salt, in the To'vnshii) of Saltlh-'ct, in iht District of l.iiire. An Act to provide for tlio sale of the Clergy Rosrrves in thi» i'lovinco forjln! puijiosrs of Ccneral i^iliicalion in the saiiie. An Act to cstahli^h a I'olicc in ilio Town of t!o!)onvg. An Act appropiiatinjf certain monies in the hands of His Ma- itsiy's ivKccivcr (jciicral raised under tlie [irovisioiis of an Act passed in the second year of His Majesty's reign, entitled, " An \rt lo impose an addilioiial duty on ! jeeiis<-s to vend VVinei", Urandy and Hpirituous Lirpior.^, towards tlic payment of the suui of .1" Jr>.(<>')0, granted for the inipro\ejnent of the roads and brid- (-CS in tliis I'ruvince by an Act parsed (hiring tlie j)rescnt Session entitled, "An Act granting; to ilis .'Majesty a sum ^i{' money for tiie improvemcnl of the Iluads luid Jiridgcs in the sevcr^il Districts III this Piovincc." An Act to amend and extend the provisions of an act passed ia 'lie third year of His jAiajesty's reign, enlliled, "An Act to Miso a sum of money to improve certain roads in the vicinity ol" ti;c town of York, and lur other purjioses therein juciitioucd." Tales of iJills originated in llic House of Asscmljly, but afiei- wards rejecteil by t!iat lloujo. by reason of ameudmcnts juadc to them by the Legislative ('ouncil. An Act to declare that certjiin jicrsons therein described shall r:i>l be privileged from Arrest l)y Mesne Process. An Act to amend and extend ihe provisions id* an act passed iit ilu; ('ifty-fifth year of the reign of His late Majesty King Georgw ihe Tiiiril, entitled, "An Act to incorporate the Midland District ^'t'llool Society," Title;? of Bills original cd and passed in the Legislative CoU|fjcii mid rejected by the House of Assjmbly. An ct to arnonu an Act passed in the second year of tlie rcigii ofjllis late Majesty King CJoorgo the IV. entitled, •' An Act to repoa part of and aiiiend an act passed in the ;37t;h year cf Ills liile Majcsfy'd reign, rntitiod, ♦ An act for the better regulating lh« practice of tiie Law, and to extend the provisions of the same.' " An Act lo appoint Trustees Locisrry into ciT^ci tho provisions of tlie VVjU of John While, Esq. deceased." An Act to t?nablc tuitnrs iti the Districf ('onrt.s lo procure ths alienilance of Wjtne;>sc3 from any District in this Province. An A^.t. to allow the losuin^ uf Wriu of Er"or fruai the Cotirt t( Kill's Bench. m m ' 1* '■>{)' ^ ■ V' I t> ^ kmfi • u ■^ '274 Trm:s of Bills m ^1 X i ft, t Titles of Bills p.irgfd by the I.fgislative Cotmcil and House of AsBombly and rcacivcU lor tlio eignificatioii of Hit) Alujeiily's pleasure. An Act to aiithoriso tho persons tlmrein named to liold or convey certain liuuk in tiio Towudiiipd of Waterloo and Woolwich in the District of (lore. An Act to funii certain Townsliipg in tlie London Diptrict into a County, and to attiicli ocrt.iin Townsliips to tlio Counties of Middle- Bex and Kent in London and Western Districts. An Act to enable tiio Exccnlors named in tho Will of the ]aflin B. Yates, to hold lands in this Province, and for otlier purposes therein mentioned. ^ First Session, Tuulflh Parliamcvt, (lSa|.) Titles of Bills oriffinnted in tho House of Apsembly and rcj'>ofod by the Legislative Council, or declined to be acted upon by thut }I0U3C. An Act to anthorise the Trustees of tlic Grantham Academy to dispose of real Estate, and for other purposes therein mentioned. An Act to authorise His iMiijcsty's Ju.sticcd of tho Court of King's Bench to hold a Court of Oyer and Terminer, Assize, of Nisi Prius and of General Gaol Delivery in and for the District of Ottawa. An Act to amend the .Tury Laws of this Province. An Act to define tlic limits of the Town of Brantfl)rd in tliB District of Gore, and to establish a Police and Public Market therein. An Act for the Disposal of the Clergry Reserves in this Pro- vince, for the purposes of General Education. An Act for the more equal dittribution of the property of personi dying Intestate. An Act to grant the sum of Four Hundred Pounds for the con- struction of a Bridge at Purrott's Bay. An Act to provide for a Survey in tho Township of Loughbo- rough. An Act to erect the Counfy'of Hastings info n Separate Diitrict. An Act to divide llie township of Hawkcsbury in tli« UUa\\» nmminppvB ■^■P AllKESTED IN TIIF.IU PlJOUnLsS. 275 IVistrir.t into two Bcpirate townsliipa of East and WobI Ilawkoer- iniry. An Aot to iTijifial the srvoial liiws now in force imposinti; finos on liunliois, Mt'fionists, anil Tnnkcis, for nou-perlbrnunice «if .Mililiii Duty in tinio of Poacc. An Act to in-'orporuto riiirJry persons undei* the stylo nnd title of tiic '• Propidont, Dircctora and Company of the Banii of Iho Ningiira District." An Act granlinjj to Addin Dixon, of Monlinettc, in the towu- pliip of Coruwiill, certiiin privilof^'os contained therein. An Actio promote Education. An Aot to amend the Court of Rnq'io.'^ts [jHW. An Act to repeal the f.aw anihori liiijr the appoinfmonl of a roininiasion to take the evidence relative to the trial of Ciwites- \va\ Elections. .An Act to impo;>o a dut.y on various Q,rtirlo.=! imported from t!i" '"'lited Statoa of Amf"rioa into tl/tq Provincn. An Act to amend tlio (Charter of King's Coii'';!?o. An Act to promote tiio freedom, peace and^iiet of Elections of IMembcrfl to represent the Rcvin-al Countie Ridinirf, CitieSr and Towns in tliis I'rovince, in the lionise of Ansemhiy, and fnr- tlier and more oU'ectiially to nccure t!io inde|iondenco of that Uoiif^e by adopting tlio mode of voting by Ballot. An Act granting to His JMrJnsty a pnm of money for the iiii- provement, of the lloads and liridges in tlio acveral Districts in tiiiH Province, An Acfft) form the County of Ndrfolii into Riding.?, and nlt^o to rrect tlie ^mo into a tseparato District, and for other piuposes therein mentioned. An Act to amend the Police Liu's of t.iie Town of Prcscott. An Act to anliiori.se the erection of a Mill Daiii upon the Iliver Thnmes in the Lo'idon District An Act relating to tliC granting of the Vv'ayto Lands of tho Crown. A;i Act .■ .»'..horiaO the issuing of Licenses for the sale of Wine. Ar. Act to I;" .? a grant to the (irantham and IJnth Academies. .\n Act to promote the freedom of Elections iu the County of LciHlS. An Act, to remuMPra^e Frnncis Iln!!, Efsq., Civil Engineer, fur fiCrvices at the Ihirlington Bay Canal. An Act granting fuithcr aid to the Biirlinglon Ray Canal. An Act to provide for holding ICii.'ctiori.^ in tho County of Lu'i-'d,-!. An Act grantinrf a putn of money for the iniprovcmout of the llnrlionr at Kettle OceU nnd for other |>Mr|!0.jes. An Act tor the roliefof Jo'iu I'earsc and other;?, and tocomplcto the Iioclc and (^aaal between Pigeon and Sturgeon Lakes, iu tho Newca.ntle District, and for other purposif. An Act granting to liis Mnje.sty a cfrtain sum of money to enn- Mc Ili3 Majesty to pay to .lo.'^eph TuiLii.i the balance ol his ac- r)!int for work and labour peri'ormed by him as Contractor for part of the buildings occupied by the Lr'gislature. An Act to ensure the more regular tsnd economical printing' of ■i*\ C70 TiTl.r.s 4)1' Bills 1 1 1 fn fi r Uie Statijirs oi tliiu I'rovlnrp, and of tlinsp Suitiitts nf tlm fii)p,i. rial PhiIiiihk lit wliioh tnay concern this; I'l-nvinci'. In jiraviile tliHi; the suit] iiamtt's bf priiiictl liy coiiti-act, ami also Ibp ilicir diHirj. hiition, Titl.>s o\' ["> IIh orirrinatod in lli'' II tiiso of A^.-'oiniily, hut nfierwnrdi T' jt^cloj l)y fluii. lli)iis>\ liy lousou oi' aiiieiuliiiCnt:' nmJf! tuijici,; by liie ri>|»isl!iiive (.'ouiicil. An Aft. to nuliiraliZ': ci;ifain pcinOiia tlu^rcin nmiK-d. An Af;t. to coiituino and amend an Ai'f. providinij a honnlv fur tho di.'st.riiction ol'U'olves in t'lc s. ver.il Di.sl.ricts of tliis PiV'vinco, ( Aint'iuliil hij til' [Au'lsldtive Couiiril, and (innnJininb; rrjirted I,,/ /.'if Asstinblif, i! hi'iii'r cunsldcrtd u Moiv j Bill.) Titles of fJil!.^ orif,'inatcil and ])assed in tiio r,pyialiitivf' Connci!. and r^jocti'd by tlio lloasii; of Awdembiy. An Act, to allow tlip poop'o crllled Soparali^if."' to nialco n Rdlonnj aillnnation and declaration in^wvid of an oath. An Act to amend tliP law ri>si)(>ctiiur i';!!'? of Kxcliano-p and Pro. missory Note's. An iAot to appoint tiie limn and placo fur holdinflj tlio Court of Trtineral Quart"- .SesHion:? of the IV'aco, in oacii of tiie mineral Districts of the Province, itnd to repeal t!in sf'veral Law-s now in force fur that pnipbae. ,'\n A':t fjf the fnrthor anr^iulmint of the Ltw, and tha belli'r advanceinont of Justice. An Act to maliethe remedy in raseg of sednction more fffecfiinl, and to render llie fathefd of il!end the \A\\i respectiufj tiie i'uiiiehment of !.".'':ony. An Act to fonstitnic a new Cnnrt of Aprc-nl for revising the jiidginenlf^ ef the ('onrt of King'is IJijucli. Titles of B.1I>' passed by the L'^fnfhtive Council and IIoiHoof A^- Bonibly, and reoU'ved fur tIi-» f-ignllieation of Ilia Alnjii.sty'i pleasure. An Act to confirm Critisli sulij(!cts in their titlea to real e.sta'u (>\'.ved i.hron^h Ali-jne. An Act to incorporate sundrv p'T^oni:! under the pfyle nnd title ii7 tho President and Directors of tiie I'ppcr Canada liife lusn- raiico and Trust Company. An .\('X to incorpora'',e sundry person" nnd^r the Rtyle and tiilj oftlie President, Directors and Company of the G.jro JJank. An .Act alt^rincp and ntu'^ndinjr the chirler of tho Proaid..'n^ Dinielor.^ and Compitny of tin: Co;nnu;roi,il r»;ink of the .\Fidlafii ..-^„ SfidSIONa PapI R. 27^ &Mtn«t, ai)d for iiioreasiiig tha nuuibur ut' Slmic*) to bo iigld iu thn capital stock of th'j Company. An Act for tho relict" of tliy Heirs of the late Peter DesjardinB. Clerk of Assembly's Office, jf Torouto, April 17, 1835. ^ JAMES FITZGTBBON. Ckrk of Assembly. '\lii n No. i)3. (A.) ■ SESSIONS PAPER, (1830.) No. 574. [From a Return to an Address of the House of Commoni dated 7th of June, 1830.] Extract of a des^palch from Major-General Sir John Colborne to the Right Honorable Secretary Sir George Murray, dated York, Vjiper Canada, 16th February^ 18-i9 : With respect to the cdiislitution of the Executive and Legisla- ri.voCouncilri, on which subject you roquirc information, it is evident tiiat whatever j ersjiia may bo appointed membL^rd of the Executive Cou:)ci!» there will be a considerable degree of jealousy existing in tiiiii limited community oftheir influence &. authority ; they must ne- cessarily reside at York, and will seldom be able to accept tho' charge without holding other offices under the Crown. On many ac- coiintd ii. is very desirable that the Chief Justice should retain hiti soat 111 tho Executive Council ; but there can be no doubt that occasion- " ally ho must, us a Judge, be led too deeply into the political affaim of the Colony. Composed as the Legislative Council is at present, the Province has a right to complain of the great influence of. the Exocutilro governuient in it. The Legislative Council consists of seventeen members, exclusive of tho Bishop of Quebec ; of these, from acci- dental causes, not more than fittecn ever attend to their Legi^ilativft duties. Thus, out of the number generally present, tiix are of thu Executive Council, and four hold offices under tho Governmont ; f litive, therefore, intimated my intention of rccouini>'nding to Hia Majesty's Governinont to increase tiie Logidlative Council. It id exceedingly difficult to find porsoua qualified for it ; but if about eight or ten more can be selected from difP'rent parts of the Province, and the majority be considered indefiendeiu, there can be no good roaaon assigned for excluding the Executive Council. Since the date of the d >spatch from which the above extract boa been taken, the Right Rev. Doctor Alacdonell, Roman Catholic Bishop, and John E'.msley, Esq. two additional uiumbers, have been added to the Legislative <''ouncil ; and it is not intended that lUe Chief Justice of Upper Canada should continue a i:i.?mbcr of tko Executive Council. Downing.l^trcei, 14th June, 1830. Q2 <;> ifK' 278 Correspondence:. h^ i ! -^ t Proceedings in England^ with Acts of the Coloiiiat legislature. On the arrival of tho Acta of a Session of a Colonial Legislaturu at tho Colonial Office, they aro referred by the Secretary of btatd to the Law Counsel for the Department, who ruporta on them in point of Law — that is, 1. Whether they aro consistent with tiio Governor of tho Colony's Commission and Instructions. — 2. Wlio- thor in tlie language of tho statute 7 &. 8, Will. 3d, ch. 22, sec. {), they are or are not repugnant to the laws of Great Britain ; and 8. Whether each act is ao framed as to give full effect to tim pur- poses for which the Colonial Legislature framed it. The Law Counsel reports to the Secretary of State. The acts thus reported on, and the report, aro communicated by tiie latter to tho President of the Privy Council, and laid before t!ic King in Council for his Majesty's consideration. At the then ensuing Council Board, the acta and reports are referred to the Lordn of Trade and Plantations, of the Committee of whom tho Secretary ef State is one. This Committee select the most ditficult elatutoa aad get tho opinions of the Crown Lawyers upon them. The Committee then report on the acts under three heads :— 1. Acts disallowed. a. Acta of public and general importance requiring cpecial con. flrmation. 9. Ordinary acta left to their operation. Mo Colonial acts can be disallowed, save by a regular order of the King in Council. The Clerk of the Council announces to the Secretary of Staia the decision of the Council on tlie act^, which is communicated ta the Governor of the Colony, togtOm with the original order in Council. A iiiiC is also made and sent of acta neitiicr conf.niied, nor disalloMTcd, with an intimation that they will ho letl to thoir •peration. Comparatively few itatntes aro either confirmed or disallowed. xNo. 84. »m, DowNiN'o Street, \ 29th December, 1832.) 1 am directed by Viscount Goderich to acknow- ledge the receipt of your lotter dated the ISili instant, and to return you tho fallowing answer. Lord Goderich dons not ronsi.]<;r it consistent wTth the du- ties of his office to enter into any explanation with yourself or with any other private person, of the views which His Ma- jesty's Government may entertain rcspectinii: tho propriety of dissolving the present Assembly of the Province of Upper Cauada. CoURliSI'ONDENcE. 27l> m Willi respect lo tlio warnings and prcdicllons which yoM liavo thought it your duty to address to His Lordship in iIm iiamo of the j)cople of Upper Canada collectively, not only on tho present, but on former occasions, Lord Godcrich dircctc iiie to say that he cannot acknowledge or suppose that your view* are really those of the majority of the inhabitants of that import- ant part of His Majesty's dominions. O|)inions directly opposite tu those wiiicli you inainlain,are advanced in petitions addressed to His Majesty, and to the Lieutenant Governor, by bodies of the inhabitants far more numerous than those who have signed tlie petitions entrusted to your care. With the most unaffected Riixicty to consult the deliberate wishes of the people of the Province upon all questions of local interest. Lord Goderich would be acting in direct opposition to that principle, if ha were to defer to the desires of the comparatively small minor- ity, for M'hom you act, rather than to those of the far greater •isedy, by whom the counter petitions have been signed. W'ith reference to your statement that the question of th« I'nion of Montreal with Upper Canada is "agitated by author- iiycmanating from Downing Street,"Lord Goderichdirccts mo to state that lie is totally at a Lss tn understand your meaning, liiit will be greatly obliged to 3'ou if you will place him in pos- ^f!Ssion of proof that ^ny person in British North America or flscwhere has agitated that question under any pretended au- thority from this Department, because His jLordship would feel it his duty to disavow in the most unqualified terms tlwi having directly or indirectly imj)arted any such authority to to any person whatever. I am, Sir, Your most obedient servant, HOWICK. W. L. Mackenzie, Esquire. ," No. «5. To the Bight Jlonowahlc Jjord Viscount Oodi- rich, His Majesty s Secretary of State Coloniul Department, Doivning Street. 2, Poland Stheet, > •January 9, 1833. J Mr Lord, I greatly rejoice to perceive that Your Lord- ship is most anxious to consult the deliberate wishes of the rcopio, betatiso I am convinced that the safet}', the honour, '!ie strength of governments at a distance, are best preserved " ^ ' 1 ,.11] i%/. Ml 280 Cormi:bPONi>EN'c;:. and niaintained by ascerfaining and fuUowiiig tlic judgmant of the better iuformed part of the coruniimity. Being assured thfit I nm cxprc'^'Mj; opinion;; and statinf^ farts relative to Uppnr Canada in accordance with that public sentiment, and a strict regard for t-iitu, I think it my (hify to submit tf> the go- vernment sonio of the reasons \. ji.r'i Jiave led me to conclude (witlioiit seeing tl;o " coputcr pemi'^ns ") that His Majesty'* trovernmeiit have Jv^cn -^ccpived, r.'islfd, mid ?.'rnssly impos- ed upon, witii regard to tiip roal niiinbei*s and character of the memorialists who express *' opinions directly *' opposite to those which I maintain." I leel assured that ur.on in- vestigation it will be foujid there is some mistake in the esti- mate, and 1 court ihai enquiry with the least possible delay — I lii>j 1 entreat Your Lor.lsliip ihni I may be permitted to ex.TmitK.' t!io slatemrnls and sicnitire^ of the supposed " far grefttei bo.Iy," .r,')oken '^f by \ isconiit Ilowick in ids letter of last 'vitwrtlay wetk,as hnviu'r '■.if^ned those ""coiiater petitions." Tlie whole populiition of i'^[)j)er CanadT.wlten I left it lam April, 'W;is believed to be under 2 10,G0r>, of whom about one- sixth wrro mule aduU>, cnnable cither of figninc their name* or makinir a mark ; and If every man of tliem had come for- xrnrd to petition His iMaJesty on tlie state of the Province — which was not tlio cas(> — the whole number of petitioners wotdd probably have i'l.'h n below 4ft,(i(J0. It is a fact of which 1 have n5: were agreed upon at from one to two luintfrcd I)i.-trict, County, I'own, Township, and Village p!il)'io meetin':?, at 'vl^ich v?.st nnnibers of the peo- ple attended. Tf, then, a Ittrge majority of the whole poj)u- i^tlon ea|)able ei" petitiuniMf:', entni'ticd their Addresses to your huni!)Ie corresrMind.-;nt, Your Lordship cantiot have re- relved thr>'igli the L'- iitcn;:nt Govrnor jiolitions of an oppo- «rcr of spurious petitions, or a great part of the addrc.-scs f?nt by Sir John Colliorne deserves thnt designation — nnle-^s inde«Hl it be assumed that thousands of the good people of (ho Colony signed frst on the one sirle, and then went & afiixrd tln'ii natms on tiie other " for uniformity's Mke," ' Tlaiiilv a very in«proiiabIe surmiso, when their high 7nr-nct-, I- i'jr inttgrity and intelligence is taken into considera- If I r vild liave donbted fur a momei.^ f>s to whether I was expressinrj the deliberate opinions of '.he people of Up- per Canada, 1 never wonid i.rive consi^nted to cross the At- lantic upon such an errand as has now detained me here sc- C0URE6P0NDE>'CE. 2«1 •it ven mootii*, and which to all appearance 'm likely to hinder me Boven more. Although the i)opular represcntatiou is verj " imperfect, and the influence of the Kxecuiive Government, and the monopolies which uphold it, very proaf, Your Lordship will do nte the justice to keep in nifmory that I have continually pressed upon the attention of (Government a dissolution of the Legislature, and thn r.'.iiing of a new Pro- vincial Parliament as the only true way of ascertaining puh- lic opinion. What cnnhl the petitioners Jnj mc have gained by a dissolution if they had not fr.lt bei/oml a shadow of doubt th^t they ircre strong enovgh in nvmbcrs, wealth and respectability, to covntcract the v. hole iiifmnre of the ExrcU". five now upheld in Upper Canada to the i/jury of the Bri- tish Nation, and in despite of the peojlc of the Colony! W jour Lordship will cast a glance o-vcr the petitions you will find that it is through the House of Assembly the petitioners pro- pose to carry into eflect nearly all these plans ef reform dcini- ffovement to which they solicit Your Lord«iiiip'.< countenance. ' t would have hecn quite a Quixotic prijoct to send nie liere !;t a vast expense to pray the dissolution of the present Ilou>a if the petitioners had not f^lt perfectly sccuro- tiiat tliey could sfind a very dilTerent class of members rothe new one. I assured Your Lordship in presence of Mr. Hume and Mr. Niger, on the very first day Your Lordship honored me with an audience, that ifthnt point alone was gained before the then next annual session I should return to Upper Canada well satisfied tiiat I hud no doubt the petitioners wruld bo so also. But instead of a dissolution we had the Le^-i->lat,ire lunried prematurely into Fcssion, and expulsion, not by a majorit}', liit by a ivw go- vernment functionaries, not one half the lieuse being in atr tendance. Your Lordship will remember that, in ]828, the Weslryan^ Methodists and Protestant Dissenters, frt)m one general and thirty-nine local committees, humbly petitioned the House of Commons against Dr. Strarhan's misrepresentations, and in favour of equal religious privileges, and that their pditions signed by 8,000 men and presented by Mr. Hume, on the 8rd of May were referred to the Canada Committee of the House of Comn»ons whoso favorable icnort tl'croon, it has not pleased His Majesty's G<»vcrument, thus far, to act upon. I appear here as a member, and the accredited acent of (ho general committee to whom these 8,000 men entrusted their memorials, and whatever may be tiie number of signatures sent to your Lordship's olTice, by Sir John Colborne, I would require very powerful evidence indeed to induce me to believe that public opinion had changed on the important questions tbfise petitions embrace, I atn the same person who procur-t 't-- iKl I, ^. ' Pit ^ . '. . 582 CoRni:!i'OM)F.?{fE. •1^ f h r i ctl fjoiii a lart^e jnajority of the present IIoiuc cf Asstinlily^ the ex|>Ii<:it (l««'Iaratioi» ivcord^d on its jounn'.l.H, in favour of tliR priticiplHs laid «lown in tliese pulitionu and against tlio ro- rogiiitio.'j o( excliisivo, dominant religious cstublislinientg. Ir'liorcfore, it wns, most probaldy, lliat 1 was iinaninioiisjy «e- Ifcted 10 support the same opinions here. i appear as the accredited a^ent of the CommitioH of Friends of Civil and Religious Freedom, of all donomina- lions whose poiiiions signed by 10,000 freeholders and ioha- Kiwnts Mr- Hume presented to tho IIouso of Conimoni in JBJl, Mr. IIiwiMv as well as Captain llyerson assured Iha )ijcuple of Canada that the Reform Ministry would carefully enquire into the allegations of the petitioners. Years havs ftlapsed, but their romphunts remaJu unredressed ; and what » worse than all, I am now informed that the petitioners nrs in tho miiiority, On tho merits of their case nothing is said, but I can readily infer that on this ground also, they are JieM to have been found wanting, and that Governor Colbofjie't »q'iabbles with tho Methodists are justified. I wTfis the. bearer, this summer, of the petitions of 10,000 inhabitant;* of Upper Canada, praying for a change in the character of the Legishitive Council, an enquiry into tho conduct of tiie Lieut;!!i;uit (aovernor, and the redress of many grievances. These petitions were presented to the House of ♦ 'ommons l)y Mr. Hume, who informed me, as I did the pe- litio'tvers, that the Government would cause full enquiry to ba made. I must suppose that this has been done ; and after aa interval of six months, at length I am assured by your Lord* ship th'Jt the petitions do not express public opinion. A majority of nil the nnile adult population of Upper Cana- t]i have expressed liieir o})inions and wishes in 61 humble and respectful addresses to tho King during the last 18 months. — O? those addresses and memorials, two, not numerously sign- ed, were presented to. Mis Majesty by Lord IJrougham ; one from Hastings, reached your Lordship with some difficulty through the Porst-oflicn and Home Department ; and the rest I remember havine personiilly de|)osited in the Colonial Office at several tiinus myself. Even this indication of public sen- tjnnut appears to have been neutralized, as well in regard 10 the merits of tho case, as by a far greater majority of the signatures of persons holding o()inions directly opposite, and ♦'oinpared to whom the Reformers of Upper Canada are ** a comparatively small minority." I h;ive long and successl'ully advocated the principles vvn- hrnced in tlic petitions 1 brought over, both within and with. ♦tU the walls of tho House of Assembly. — And as lh« repre- scatadvc oi'a sixth at least of the \^hole Colony, 1 thought li' H ^|.: CoiiKF.SPONDl'.^rl!. 283 li^^ iiii;/'it bo oiilidrtj to hfi I'oiisidoi'cd by H'r; .M,»J03(y\ Ooveru- »ie(il oil tb:it LMouinl aloiic* ;i loli'iublv lair iii'-licufidu of r>ublic opiiuon 111 that District \\\hho tl:f« acts of the (Juveruiuunl ui« be.«it known. Accordin;^ fn my iiiidorstiindi!!^ of Vispo'.int Tlowiok's Ipt- icra of tbe2;{d and 2f)t!i of Jun'', and 29th of Docoin!,rr iMsr, your Lords!ii|i lias laid down ^overal rnU;s or principles for iho guidance of those who soul nio here. 1 hiimldy ask U'aya id aj»j)ly theso rnlos or priiici;)lG3 to the case of tlie petitioners. 1 am told, that tho tinauthorizoJ statements of individuals aro not to be received in opposition to those of the Assembly of Upper Canada, and that your Lordship is convinced tluit all classes of tho inlmbitiints are fairly rcpreseuted in iha House of Assembly. That your Lordship is desirous to consult tho deliberati! wishos of the people of Uj)per C unada ujion all questions of local interest. And, that m opinions directly opposite to ihnso \»l;icli I mainlain arc advancffl in pciifions mlih'cssrd lo ihe Kiiii;^ nml his Lieutenant Ciovernor by far iikmo liiMiuioas liotii^s oj' il ..- itiliabitants t!ian those woo liave .sl;';!U'd Aw. pi liiiousi i;;!!"!* .« lo ine, your Lordship would not be ronsiilii.i^r the dcliher p.« wishes of the people of U[>por Canada if you were to coiiiplv with the requests of the comparatively small minority for whom I act, in opposition to the far greater body who liav«, expressed oj^inioos directh' opposite. It so happens in the [iresenl Instance;, that in many, if not in most cases, the petitii>M<>rs by ms ask that those things may b.! recommended by His Msij^^isty's Uovernment to be done, which the present as well as che two last Houses of Assembly fcavo vainly essa3\:u in acromplisli. I find it somewhat difti- €ult to reconcile this fact with a refusal of these requests, op- en the ground that to grant them would be deferring to thr* minority, even while it is readdy admitted that the Ilouse of Assembly correctly represents the sentiments of the majoritj . For example : — 1. The present Hou^o of Afsombly have passrd a bill for the more equal distribution of the estates of persons dymg intestate — so did the last Ilouse — so did the House before that* The petitioners by me humbly })ray that this niogt important aid much-tO'be-desired measure may be pcrfcctrd by receiv- ing the Royal Approbation. Three successive Ifouses have proved the uncbaii^eableiiess of public opinion on this point. Vet it is refused, because your Lordship is in psosessioa i»f •' the unauthorised statements of individuals" whom yon «oascleiitIously believe to be a majoriry of all the petitioner* T},: |i •; :J. ... 281 CoKKfcis !'(■)?( Di:?(ti:. i< from the Coiofif , but who in thik case mid " in oppokiiiun u »he Assembly." a. The present House of Assembly have declured the Col- l«c;e Charter a grievance — so did (he last House — so did tho House bel'oro that — 30 did ihv Committee of the House of Commons sitting upon one of the petitions for which 1 am the agent — so do tho petitioners by nic. Yet has it not roccivod a liberal cliarter i' 3. Tho pre3:;iU House of Assembly solemnly declared iti opposition to any pecujiiary union of Church and State, and to all undue preferences given to tlie Ministers of particular Religious Sects, and prayed that the Clergy Reserves might be sold and general education promoted with the proceeds.— So did tl;u House elected in 1824, and the House elected in 182b. — So did tho petitioners by nie. — They are unsuc- cessful. 4. The last and present Houses of Assembly have enquired by address, and in other ways, from time to time, into tho amount and application of that secret revenue which it hiu been usual to collect as well as expend without the knowledge or approbation either of tho people of t^ngland or of Canada. They enquired in vain. The petitioners by me niako tho sarau request. Your Lordship admits that there ought to bo no concealment. Rut the concealment continues. 5. The present House of Assembly prayed that tho Timber Trade might not bo burthencd with an inland tax, which is equal to about 35 per cent, on tho value of the rafts. The Ministry declined to remove the impost thus unanimoUaly eomiplaincd of. The petitioners by me are opposed to its cou- tinuation. 6. Tlie present House addressed the King in favor of lh« iodependence of tho Judges — So did tho two last Houses — So have the petitioners. Yet the Judges (political partizans) have been raad» more than ever dependant upon the military gov- •rutHont while they are perfectly independent of tho country 1 7. The present House of Assembly refused or declined ti* comply with the praters of tho Freeholders of the County ot York last winter and the winter before, asking a fair share oi thQ representation. I observe by the debates of this Sotsion. that they are now hastening to give it six Members instead of •ae— the very thing 1 was sent here to ask for, after it bad been refused there. I doubt its becoming a law ; it is too |ood a measure to originate with the local authorities or to be countenanced by them. 8. The Committee of the House of Commons on the Gov- ernment of Canada, strongly recommended an amendment of the defective system of summoning Juries, under which Mar- Mk. Mackknzh!. n» Ui.ili nv Sl]f'riiV« eiijoyiiii^ larj^e iuconios at tl.o ploasure of thn i^oloiiiul I',xucii'.ivc, uru uulruislcd willi llio arbitrnry tulcction l),)th of (mmikIiukI I'ftty Jurors all ov<'r the Colony. TI:o last House of Asscm'.ily and lliu one before it prissed bil's iu v.iia for rcuiotlyiii^ tlie «;vil, and the present House bns acknow- loilged its existence. I am not aware that His IVJajosty'i Govcnmient has tak'in any ^lep what'jver to remove this crifv- anco, althouill was introduced last winter, in tho prcrcnt House, to dimiiiish law-costs — it passed, with two dissentient voicej, and was lost in the Coui'cil. Tho petitioners pray that law- costs may be diminished. 11. In tho question of t!io Chaplaincy of the House of As- sombly, as it api)cars on tho Journals, is involved the whole merits of the petitioners' clainjs to be relieved from the unduo interference of the U jv(;rnment in matters of rt-Horion. In ac- cordance with the [petitions of tho country, a bill and an ad- dress to His Jlajesty passed the House last Session. Nothing lias, however, been done by the (lovernnient, as far as I knew, and now tho objection is raised that there are counter-petiti- oa3 emanating from '* bodies of the inhabitants far more nu- merous than those who have signed the petitions entrusted to my care." If the Hou';c of Assembly, who agree with tho petitioner! by me in the above and many other essential points, are as it is assured by tho Government th(?y are, the true represenla- tivs of public opinion, wlsal shall we say of tho (ountcr-pcti- tions, in favor of wlioie wishes, t'e. >u^li directly th(! reverse of those of tlie Asst'i»ibly, His JIajesty's Government has thus f:ir inclined to decide ? I iim, &c. W. L. MACKENZIE. K2 •w 1 'In I N 2m Mk. MACKLiyziK. 'if f No. 8G. '■i, Poland S'pkkkt, Lonoox, 'f Juiuiary 19, 1833. ) Mr LoRi>, Your Lortlsir^) huviiig Eignificd your dosiiff tfiat I sl'iould ex[)lain what I incam by sayiu!^ tliat tho questiDii of the u;.: ;:) of 3I')ntreaI •<> ilh U[)|)er Caiuida is " a,iriuti.'d by aiithorhy ciiiaiuitinjj from Downing Strcol," I have now tho honor to afford tliat t;X|>!aiiation : So Air back as 1S"2S, t!ie evidenco of Sir R. J. Wil not Hi r- ton aiid others before the Canada Coniniilteo, goes to show that the qucstiou was t!ic:i undor serious consideration in this country, and also tl.at it was not unfavorably regarded by cer- tain members of the <)-overninent. 111 1829, I recollect of Mr. Fot'ir'rgill, the late j^ovcrn- mcnt printer, bringing the nne-tioa of ilie disnienibernient of Lower Canada betore tlie House of Assembly in the sliapo of resolutions, wdiich the niajoriry, of which I -.^as one, entiicly disapproved, as we had ihc unjust and i!ti([nitons measure of the Union propescd at an earlier period. Mr. Fothergill ke|)t i![» the excitement by placing the measure on the order of the day of the Session of i8-l>0, and Coioncl Elliott, anollier oiticiai person, gave a like notice in 1831-2, which was copied into, and commented on by the opposing Journals in the Si&ter Co- lony, producing, as might be looked for, any thing but good feelings. Tlie government having at lengtli ohlained the upper i)niid ill the House of Ass!;ml)ly at York, and having also succeeded, notwit'isuinding my expuhiion and the petitions to the contrary of wliich 1 was the bearer, in convincing your Lordship that all classes vrere fully and fairly represented in it, we fmd the Law Officers of the Crown, the President of the Ba; '., the ''ijili Sherjifof tlie Home iJiistricf, and other (.fficiid persons employ- ed in organizing public meetings, getting n|) petitions, and r-v\- ting t!ie example to the Provii.cc of agitating the Province in favor of this phiusiblc sche;iie of a<;grandi/.ement and .;poilatioii. His Majesty's government in Cpper Canada forms a part of liis government here — his adminislration of the public afiliirs of his sultjects there is a [inrt of the gei'rral goverement of tlio Empire and di)e!)tless controlled by that yeneral tjovernnicnt. It is noi the usual practice of the iucml'ers of the King's gi;tinn — I should suppose that there are very low individurds in the Cani'.das who bestow attention on public aiiairs tlnit did not form the same nninion as myself wlion they s i\v his Wnjosty's servants clothed with the autho- rity and intluenco of 'Mlice held during the Royal pleasure, placing the dismemberment of Lower Canada pp r> prominent fenture in the reply to tiie speecli from the throne at opening l!ie Logishiiive Scission. Tbo qurrlion had been long before the country, a great deal of angry discussion had arisDi, and it seemed to nio just and reasonable to conclude tiiat the ofii- cers of the Governmont in the Assenibly whpn they voled and cnrried such a risolulion through tiiat I'ody on such an occasi- on, had not fiilcd to n^certain from the head of the Colonial L jpnrtment what was the Royal pleasure — I felt nssiu'e'' from tlio ill success of my own elioi ts to effect the least change, tli-rt tliry jTossessed in the fullest degre(>, jour Lordship's confi- dence, and thatof t'.i.' Lieutenant Governor of ih"^ Colony. I !ku1 iiuovvu instances uui a few, where ijie people of Upper Cn- naci 1, and ]t)-20:I;'=, of the represcn'aiivcs of their choice, h.ad (•ondl'nln^•d the conduct of tbe ofTicers of the lord adniinl.'?- tialion, biti ill oI' lUji txprr'uurr 1 lin(^ r.cvcr nncc fovnd ihaf (nil/ conrsr. of pror.rr.diii!; adoplcd In/ fhvsf: ofjicurs or. any oc- casion faded to rcrr.irc Ihr sanrtlon of his j^iajrsf,t/''s gcecrn- went lin-c. \ do !iot perceive any very (>ssenti;il dilien nee iu tlip elfr-cts of a se:i".s of jioli;icHl mensiuTs, whether tlicy are niiglnnted here, or iiivu-iably jiij^tifi -d and acquiesced in, iimvcver n)urli ooposed to piililii' opinion, Uriiish practice, ^'!' t'lic views of tho l)i'si Inronni'd J;i-«<^es ol soi'leiy in whatso- hi \m \,. 2a8 Mr. Macki:: carried on unshackled t'}' the eriacinirnts of a sister Colony, is the onhf method by which Upper Canada can o')lain the full advantage of her own " ConiiiKvrre." YEAS, I NAYS, Messrs. Attorney General, ! Me?"^.!?. Ketchuui, Bucll, Solicitor GiMieral, Register orHonatd, Cook, JNlcCnl!, A. NorthunibiM-laiul, Coile»;tor (!, McDonald, Morris, Norten, Customs, T'ort Talbot, df>. do. Perry, and Sliav; r — 10. Brockville, CoIIef-forof Excise, ! Cinn'P, Posirtia'.trr of [)ela\vnir,j High Sheriff of Yoii;, ur.d nin; others. Mr. Mackenzie. 289 They woukl parcel off Lower Canada, just as a Russiaa Potoutafe parcels ofl' his serfs, or as the European invaders of America parcelled ofi' the possessions of its aboriginal inhabi- tants — and that, too, with far greater injustice. In the dis- memberments of Poland, of which British Historians and Bri- tish Statesmen have :;eldcni spoken with much approbation, the un[)rincipled victois can at least plead ihe rir;ht of conrjuest — a right, such as it is, vlijch the Kind's advisers in Upper Canada have not phoned. — Y tlat KiifrUuul 590 Mr. Mackenzie. 1;; , It, If there are any (lifficiiltips in iIir way of tlio apportioning the revenue raised at Quebec, tlie British Act regulating the trade between the two Colonies provides an easy and obvious re- medy. Lower Canad-i years ago passed an Act appointing Commissioners to meet Commissionets to be appointed by Up- per Canada, to confer upon the questions of trade and revenue, «nd prepare the way for their final and satisfactory adjustment. The same Bill, word for word, rxrcpt the Coniniissioneri names, was introduced into the Assfnibly of Upper Ciinacia, and acrreed to, year after year — hut failed always in the Conncil — (that is, with the Gioveninient,) conscquentl}~^fiotli- ing Vr'as done. Thus have feelings of tlic most unpleasiuil nature been kept alive — and had not the great body of the people in both Pro- vinces seen through the flimsy vail with which the executiva officers of Upper and Lower Canada attempted to conceal the true object tl'ey had in view, bitter quarrels would have been the inevitab.lo consequence. It is, however, clearly under- stood, on the other side of the Atlantic, that the proposed dis- memberment is but one of many plans devised by men liitlierio unfor'tuately uj)held by the gicawtic power of this great nation in all their schemes, the elfect of whicii would be the dividing and weakening the Colonists; and the sincere friends ol' the peace and happiness of Enohnid and Canada, look Ibrward to the time in which full enquiry will be made and justice done. In the 4th article of the October number of the Edinburgh Review, the critic says — " VVe confess that we like to sec m(;n ** left to art for themselves. We like the variety of human na- " turn. We like to see dilferent races of mankind advancing, •" each by its own road, to civilization. The minds of men " are then in a more vigorous and healthy state. We di«ltko *'■ the Ir.nrlif dead level of an universal or far extended empire, *' whether Iloninn, or Russian, or British." — Should senti- ments like these be entertained by the great council of the nation, now about to assemble, the people of the Island of JMontreal will have nothing to fear Aom the machinations of the enemies of Canada, and the Canadians may look forward with well grounded coniidcncc to a lengthened period of ia lernal prosperity. 1 liiivo the honor to be, I\]y Lord, Your L(;ruship's most obedient. And nio^.l humble servant, W. L. MACKLNZIF, ■Thn Ri'Tht Honorable Lord Viscount GoPEuiru, Hi* P.Tnjesty's Principal' of State, Cdlonial Jlr^pnrtmeal, Dowuin gStreet, Loud Howicic. No. 87. !2af Downing Street, ti2d January, laUS. Sir, I am directed by Virfcrtimt Goderich to acknowlodga tlio rr>ceipt of your lottora of tlie 5t!i an-l 9th and 12th instant. With reference to your sLaluinont that "the Govcriiniont iiiusfc " have been deceived ai\d impoacd upun," and that "the majority " of Anti-RefDrmers is but an iina_:jiuary one," uiul with reference to the following exprossiona in your letter of tlie 9tii instant^ " I bcj, I entreat that I ni;iy be porinitted to cxa;:iine tiic atate- " niantg and digudtUi'Os of the supposed far greater body spoken of " by Viscount llowick \n his letter of List Saturday week, as hav- •» in;fsi'^iied those Counter petirio-,13 ; " lam directed to state, for your inforiuation, tiiat in tlie absence of any r-pecifie ground for snpposin>,' tliat the signatures to petitions transmitted through the ijieutenant Governor of Upper Canada to be Uiid beP)re the King are spurious, Lenl GoJerich do- s not thi;i'c it nccousary to inetituta Midi a scrutiny as you propose to undertake. If that course of |iroooeding wt'ro adojited, the petitions of whieli you wore tho b arcr, must, in equal justice, be tianamiited for the tianio purpose to your polit'oul opponents. T!.e r»>fuU of sneh investigations weald unavoidably bo to embarrasn with an unprofilablo mass of" mere personalitieH, a discussion already oppressed with a variety oi" irielcvaiU topics which have been uitroJuced into it. With reference to your statement that the number of signatures at'aehed to the petitions yddressed to the King, and entrusted, to your care, far exceeded tweiify thousand. I am directed ti acquaint you that in the month of November last, Lord (riiderich directed the niunbor of .signatures to be counted,, and that the result exhibited a nninler considerably less than twenty thousand Hut upon receiving tho statement made by yon on this subject, His Jiordsliip immediately oide-"d the enume- ration to be rep:^ated, and he linds the result entirely to coincida Witli the account contained in your letter. The consefpience is tiiat the dilierence between the number of pen:or:s v;Ijo signed liio petitions entrusted to your care, and those who signed the addref;* ?''.i evincing opposite opinions is les?? than v/as origimilly snnnoped, allho' there is a cu.i.^id. ruble in.iJMriiy of signatures to the addresses. Lord Godmich ij l;;ipj»y thus to admit and correct the error into which he was led by tho inaccuracy of tiiose to wliom ho confided a duty,, which from its nature was n''ces>arily placed in the hands of subor- dinate ))ers'.iis ; I must observe, however, that thequofition whethcc the number of petitioners who entrusted tlieir petitions to yon, v,-as o-reater or les.s than that of their oi)ponents, was one on which Lord Golf:rich did not rely in estimariitjr the correctness cf tho opiuion advanced on either side, or m deciding on the advice to be teiidereJ to His Majesty on tlie .-subject. It is Upon its own merits itiat the whole case lioH been wci.'hed. Tho rca.Jon of adverting- to 111" nu'nericai nxtjot'ity of the petitioners hoRtde to your views*, was Va'^ claim eo t'rcqu.mtly nr^'d by you ;hat y»u should be un- t'5;5;ouu a-i tpeakuij the goneial and doiiberalo opmioua of tli» <011D It OWICK. great body of the people of Upper Canada; a clauti which thij Ireat nuinhcr ol" signaturoti attuclied to Iho couuler petitions bofora lOrd Godericli dirocuy icpollcd. Witli respect to your roiuurk that when Mr. Randall cnme to E'lgland to complain of injiistico, Lord Godorich "not only discus. " sod the question with him, but also uriivc him a wriitoti official letter •» pledtjin^' His Majesty's Government to do certain tilings," and that " hid lorddliip hixs br'cn Ics.^ indulijeiit to you i nd to those wiio sent you •' llian he was to Mr. Rn-idal," I am directed lo observe that the iwo cases wer»^ wiiolly dissimil^ir. Mr. Ilnndal repaired to England to reinonstrato nj;;iinst r,!io tin.d cnactmc.it of a provincial Staluio there, awaiting His M^ijedty's decision, w!iic!i cceply cllected the interests of the boily by who.n he was deputed to act. L"»rd Gode. richdiseus.^ed that specific jrrievanco with Mr. K.indall, as ha would have d'.dcusscd v,-ith any otiier individual or body of persons «ny other spe;;iIio meas-ure i.i which they had a peculiar interest. Yoa an the otiier hand invite a dl'^cusloii of every measure con- nected vvltii tlie ad^niniatratiun of ih(j Provincial Government, of every principle liy whicl) It is guided. Tiiat demand is made in the lanijuaire of open and nndi^Hg^uised liostdity, not with a view of afTordin^f the fr:'oretary of Statu sncli inionnation and such siig. g:stiO|n8 for the public good as your experience might enable you to supply, (in v/hicli iiglit your commuiiications would have been thankfully received) but in furtherance of a direct accusation agaiucJL "ilie Legidlaturo, the Lieutenant G.wcrnor, tlie judges, and the Public Oilicers of Upper Caii;idn collectively. Under euch circumstances to engage v/ilh you in t!ie wide raigo of enquiry upon w!iich you :-5oel: to enter, would be to direct the olucial corres- pondenc'> of tiiis d.ep irtiaent f; )n its proper ciiannel, and would pLic3 tin L^gijlaiiiro and judi:iiil and executive aulhonlics of Upper Canada in a position of vvliich they would havo tlie best reason to coniphiiu, and in wliicli they could nut continue to con- duct the puLliG service. Willi reference to your renownd appllcrulon for permission lo consult llio prooco.iin;^s of the llouso of Assembly ot U[)- per Cinndii, depojitcil in this office, and especiully lo consult the public journais oi' that llous", 1 am desirod to acquiiint you that Lortl (Jodericli 1j far from wishin;,' to present oh- s!hc1o3 to your oirjuiries rospccting any part of t!ie Public Affurs of the Province in which yon may desire to obtain infornntion. 'Tiie Proceedings of Coioninl LeyislatlM^usod ovej forpi.-Tly to be bound up with tlio correaporiUenco between tlio (i-ovcrnors and Secretary of State, and it is contrary to csta'j'i-shed cusioia to allow strangers lo li;ivo access to that correspondence. Tiiis wa'* tlui ground on which it wis dacaied necnssa.'-y that )OMr former irpplication should not Lo compiled with. — l>at cons.idiMin'j; tho importance whiih you appear to attach to an op|)ortiiniiy of referring to the journLils, ^nrl Inving also uscortaineJ that, in the case of I'pper Cana- da, there are vcrv few years for wliich the procefdin:;por Canada, 1 have learnt that the Attorney nnd yoiioitor General of that rroviiico, have in tlieir places in the As. uembly, taken apart diiectly oppoted to tlie avowed policy of Hi» Mnjesty's Governinont. As membera of the Provincial Parliament, Mr. Boulton and Mr. HujiCjuinn, uro of course, bound to act upon tlieir own view of what is most lor the interest of their constituents, and of tho Colony at large — but if upon (pjostiona of great political snij orlance, they unfortunately ditibr in opinion fronr His Majosty's Governmont, it is obvious that they cannot continue to hold confi- dential situalions in His Majesty's ecryice, without either betrayin* their duty au members of the Legislatfire, or bringing the sincerity of the Government into question, by their opposition to the policy whioU ilis Majesty has been advised to pursue. His Majesty can have no wish that Mr. Boulton and Mr, Hagerman should adopt the first of these alternatives — but on the other hand, h« cannot allow the measures of Ilis Government to be impeded by tho opposition of the Law Officers of the Crown. In order therefore, that these gentlemen may be at full liberty us members of the Legis- hlure, to follow tho dictates of their own judgement, I have received His Majosty's commands, to inform you that he regrets that he can no longer avail himself of their services, and that from the time o( your receiving this despatch, they are to be relieved from the dutio« imposed upon them in their respective offices. You will transmit copies of this despatch to Mr. Boulton and Mri Hagcrman. I have tho lienor &c. &c. (Signed) GODERICH^ M. G. SIR JOHN COLBOKNE, K. C. B. ilt &e> &-C. P 296 Dismissal of »m York April af . ld3J. wi Undor the circumstances in which I find mywelf nuddenly placed, thout any provioun intimation from His Mnjetty's Government, ■ nd rnoro especially in the ahsicnco of the Solicitor General, who ii •equally affected hy the nie*iire with myself, I feer it duo to him os lyell as to myself, and to our rcspedtive friends, to request that his Excellency will have the kindness to inform mo for what breach of publio duly Ilis Majesty has been advised to remove ns from offics T 1 have the honor &c. (Signed) T« Lt. Coi. ROWAN, Frivatg {Secretary to the Lieut. Governor. II. J. BOULTOM. GoVKHNMENT IfonsB. > April 29. 1833. \ I have the lienor to acquaint yon in Tfj>\y to your letter of this day, that the Lieutenant Governor nnderr.tnn 's, that the part of your political procrodings to which the dof5patch nf 'lo Secretary of State particularly adverts, is that you and the Solicitor General, promuted the repeated expulsion of a member of tlie As*sombly, allhongh ths constitutional objections to that course had been conveyed to hii Excellency by His Majesty's Government, and were, it is concludsd •ommunicated by him te yon. I have the honor, &.C. &,c. (Signed) \Vm. ROWAN. To H. J. BOULTON, Esquire. &c. &c. &c. This is is a summary procedure most nssurodly — and as liigli- Ttanded and arbitrary a stretch of despotic pow«r as has been en. acted before the face of high heaven, in any of the four quarters «f this nether world, for many nnd many a long Hfty. The Duke of \VellingtoH'8 conge to Mr. Huskisson was cavalier enough in ail ecnsciencp, but the Duke did not divest Mr. Hubk S3on of his ofBcr, until Mr. II. had made a conditional tender of his resignation to his Grace — and yet tlio? conduct of the Duke in displac ng Mr. H. even under those circumstanceF, without offering him further op. portunities for explanation, viewed by the whole empire ns being, nnjustifiahly capricious and urbitrary. But this disnoiseal of the Crown Officers of Upper Canada by the Lord Viscount of Godc- rich, because these gentlemen, in the independent discharge of their Legislative duties and in obedience to the known and decid- rdly expressed sentiments of throe fourths of the whole peojjlo of Upper Canada, and nine-tentlis of iheir own immediate constitu- ents, concurred with a large majority of the Representatives of the Canadian pr-opie, in expnliing from the House of Assembly a "^-•orthlesB and degraded member of that body ; who libelled ai-'d grossly abused the House nnd the Speaker of the House, and who, setting nil the forms and usages of the Legis- ktive bodie* at utter defiance, completely put a slop tt CnowN Officrrp. 29T thf butine» of the country : th« ditmiMal, we »nr, of thenA gentlemen by Lord (lOderich, for such a renson, or rather, under such a pretence, upon mere (^ew^ay evidence too, thron^rii Macken* zie or the newepapcri>, without any previou.s iniimatinn of hig VVhigship'fl high displeadiirc, and without affording them a moment's time to defend thcmsflven, or explain their conduct, i^ an Infinitely more high handed and despotic mcaBiire, than any even yet as. cribcd to tlic Duke of Wellington, or, we venture to say, was ever, thought of by that Nobleman. Tho difeimitisal of these gcntlcincn, for ?iicb reapons, cannot b^ vieved as a more personul question, affecting not only the intereiitt of the two officers who liave been remoy* d ; but it is a public question deeply affecting the rights and liberties of the people of this Colony-j-the freedom of election, and the privileges of tho people's representntives. For, if the colonial minister for the time l)eing aseuiiU'S to himtelf the power of dictating to the represcnta. tivesof the Canadian people, wha^ they shall do and what thoy BJiall not do in theiif ts vr their blood, theii- ijiiuc- tions are idretuly more tliaii hiilf ulieiiutc*! from the (.aoveniuieiit of that country, anc] in tlie iipprehiiision tliut t)ie saiuu insuliinjj and degrading course of pohcy towards theui is likely to be con- tinued, they already begin lo " cast al)0ut" in " their mind's eye," for some new siate of p(jli!ical existence, which shall ciycc-tu- ally put the colony beyond the reach of injury and insult from any and every ignoramus whom the |)olitical lottery of the day may chance to elevate to the cliair of tlic Colonial (Jllice. Thisisstronj^languaf^e ijThclool.saiid tlif Knaves of ihe Yaiikce Republican faction, whom Lord (Jodcrich dclij^htelhto honor — and the fools and knaves of the Canadian Rei)i.blican press [inid fhey are all fools or knaves] will nlVect to co'idemn and ridicule that lajjgiiage — but, it is trlk I It is not tlic mere circunibtaucc of the dismissal from office of Mr. JJoulton, or Mr. I'agcrninij, but it is the disposition which this Lordiing of the Colonics, liiis evinced to conntenanco and protect the odious, despicable, un- principled and puny faction, v.hich lias been hdjouring for veins to dissever the Colony from Ihitaiii, and to set up di'mocratic Republicanism in its sicad ; and the c(;i>ally despicable and lui- l)rinciplcd emissary of that faction: ai..l the disj)usilion, whicli Jie has at the same liute, as a consciiucnco, shewn lo annoy, iii?i;!i, and injure the feelings of the great and respectable majority of the Canadian population, who disa-owed and condemned lliu conduct and the representations of tluil emissiry and that faction ; it is this wfi repeat, and not uifrely the disniij;sal of the gentle- men in question (which constitutes onl" me ])rominent instance of the disposition and designs of the Co. ; iial riecrctiiry) thr.t Iiaa alienated the alfections and produced the fce!inf.';s of resentment, find the views with regard to the future, which we have des- cribed. •' Fools never learn v.isdoni ;" or, one might have hoped that tho experience which the present foolish ministry* have liati of the consequences of setting up their -ijponcnts and putting down their suppovters; of taking their ( .> >: . s by the hand, and throw- ing cold water in the faces of tlieir iiiends, would have cro i.iis taught them the j)ropriety of abandoning this amicabh iniquity ; but, the ruinous lolly which has been enacted in Ireland, in Ja- maica, and in the Mauritius ; is, it appears, in spite of dear bought experience, to be re-enacted in Upper Canada, and tha Lord knows, perhaps in all t!ic other colonics of the Empire. In Ireland, in accordance with this imbecile policy, the Go- vernment have alienated the aUVctions, and made deadly cneniie* of the fastest friends of tho British Throne — wliile they have ad- ded tenfold to the power and to the enr.iltij of their former foes : and 20,000 additional bayonets, arc coi;i;cqucutiy, reqiii'cd to keep the people of Ireland (rom weltering in each other's Liood, nnd from annihilating every vestige of order, government nr.d law. ■ From this goncra! character there arc two or tiiree diit!ngui?lied tx- fcptiouj. CroW« OrnciiRi. 2M In Jum:iica, in pursuuDca o( the iiimw pullcf . they have ttiia«- l;i!eii chi! bliicka to cut tho throats* nt' the whiles — ari)vernor can oniy a'5?u>i«j the r.auirc and ox- tnntof them (rom tiie e^r.lc;:). i^s of liiO parties thcmsplves, which lave for this purpose l)oon called lor, and '.o winch the Lieuteiiao* Givornor rol'ors the Houho. T'le T/'"'it»iiant Governor is reqn -stcd by iiie Bime addresg t* {;iv'0 wliatcv3r .i.rciu-a'i',:! it may eeimi to him proper to oo.nmuni- ("ito in roSjject t;> the powf;rs-, duricti, and n.'Sitonsihiliries of the r.xccutivo Counci!; how far i hat body is reaponsible for the act* of the Executive Govorr)n!f'n<,?.iid how far t;,e L^e'ifeiiaT.t Govern-. or is atiihorized by His Miiji-siy to act witii ora^rajnst their advice. Upon t'ud i-:''[M03t of tl^o lioii.^o of Apsembly the. Livui'on&nt G )vernor ace,uauirs llo I!'^i!-ie, llpit in resp.et to tin; powers of thi Ex:'cu!ive ('ouncil — in no case, he believes, are pinvcrs comni tied to fbem, except by ti;c c;ipf'-T pi'ov;;,;on8 of Bnrish or Colonial St«tute8, which a"^ ki.own to tho llona':; of A'-aembly. In roppect to the dutice of tI;o Executive Couiicii in addition to those which are iir.ijoc.d by 8tat;i*CR, i:. is neees.-ory that tho Exe^ c'l'.ive Co'M'ci! should concur with the Lieiilenanf Governor in do- cidincr upo!) niiplic'ilionf5 for lr.r.dt', purcuniit fo liifj Slnjc.ity'a in- etniotioiis, and in inulcniij rejfulationf? relntive lo titat department of til" Government, ii is a'so the c'-iUy <;f the Executive Council to afford their advice to tiie Li'-'ut.ennni Governor u lon all pubhc maiterg reforn.d to them for tiioir coiisidorutior.. The responsihi- jities uiid;'r wliicli l!io Exccu'.ive Council d schavg'e tl'ifl imeorlant nnd coiSd. a'tia.! duty depend upin tiie pri'vi:! s '^f onr constitu- tion, and '!p)n the law rf tho la'ui; and lii;'> Lienlc-arit O >vc"nor pOJ^o;He8 no sourc 'f of infoi'mafion upon this q;»epHo:i, winch ar» not eq ;ally accFsible ta every it;hcb t;int c.\' f j.e Prov';.c,.-, It is, of coifpe, p.noraiiy i;nderi4ood thnt tlie !,':utenant. Governor, i'^r thetitr>:'> being, and memhers of The Execnt've Cci'nei!, -u',.- »"^;~;)a!]i. i«ibli.> to II. s iSlajesiy'o Goveriiment fur lii-ur cond'-ict, and are r*. inovahle at tlie pleaRuro of ll;r K::'^. In reply to the last eixprry eon'aincd in I'lC a;':;li-ot>.-, (lie Li-i!> tcii'int G^ivernor neqnauil.s Lii-: Ilou-\-, tha' wiiere 'J.e r'"o/is!on^ of any sla'jite req-tire tho ooncurr-Jiice of tlie Ex:'ci;;;ve CounciMo an act of the G.>vernmcnt, it cannot be dispeiised witli, and what- uvor responsibility attaches to t'lg particular act, must ohviouwly b« ulinrcd by the Es :. ntivM Couiicil. In other cases, it is to be jiresumcd that tho Lieutenant Governor fir the time bcinsr, crerciscf hia judgfrnept in regard lo de!iiaed'':fi' tlie RegiRtrtnce and adviee of the Exfc:i''ve Council, r.-xc.r^* bo in wonfiuo.i to a certain courae bv thu inelrjctionij oi Ua ilujcitf'. ' T2 H^'1 Bi Sj^'' ^sl'wl ^K! M>^^^ f;02 Executive Council. Upon th« suV.jcct. of these instrnctione, Iho Licutpnant Oovarnoi' is of opinion, that it would be iricoribistent witli his dutj', ne •!;<} House of AsHombiy appear to coticlnd", lo cnfoi into pnrticui«r ts- pliinotions without Lhe conpenl of llis Majesty's Government. Governmrnt Jlouse, 20th February, 1635. riiJ % ( ."•a No. 92. (A.) .t.nlemenls cofned by (V. L. Mackenzie, Esq. frorn ths Rceord.3 of tilt Hxtculivi Council, i;j the Colonial OJf.ce ; [CQPV.] ♦* CiUPl)ec, 14th Scfit. ISll. — Sir : — nrrowitb you will receive nn additional instruction from His Royal Highness the I'rinca Kegeul, appoiiitins; ynu in the naiDe ■\n(l ju lhe licbnit' of Ills Majesty, as the Senior OJfir.ir, roiH.nantliiiii- lhe irnops: in I'lytr Cunadii, Senior Mcmhrr of the. Couw.il of thai Province, to enahl^ you tu SiHCtd to the civil admtaiat ration ufii v.poii rils iixcelifj.'cy Lieuti^uant Governor Gore's iivnilin;^ jiunsrh' of the leave of nb- fceucc which has Lccn triinsinittpd to hiin by this oppununity." — " I have ibe hoiium- to be, &:c. (Si.irned) GEOIiGi'; PREVOST, ••To 3Injoj- Geatrai Bfeck." [copy.] *'ln ibe uam? and on the behalf of llis MajcEfy — "Georg*-, P. R, ADDITIOKAIi ISpTRUCTION. [L. S.] To our trusty and well beloved Sir J.imcs Henry Craig. K. 15., and K. C, our Captain GVneral and Governor lu t'hifcf in and over our prov!.nc«s of Uj per aiid I-owcr t'anada io AtnerJca, or in his absence to our liieutenant Governor or Com- niiiDdter inChief of our Province of Ui/j^er Canada for the tiui* being. Given at oiir Court at Carleton IIous'' the 13ih day of July, 1811 ; in the 51st year of our reign* WHEREAS bv the fourth article of our gnneral insfrtirtiong bearing date the UOth day of August, 1307, WE did noiniriafe nvl appoint certain persojis therein named to be uiembtin of the Ex- ceutive ('ouncil of Our province of I'pperCanada. NOW \VE do hereby revoke, annul, and make void so much of the said fonith article of our said instructions as relates to such nomination ar'd appointment. And \¥c are hereby pleased to constitute and ap- poSt Gordon Drammcnd, V'.nq. Major f Jenrral of our Forces, or the Oi?«»cr enmninndmi:; ourProvince forthe timi? beinc, Thomn* Scott, E?';. c;ir Chief ju.«tice, or rhu Chief Jus>ticc ofoutlior M AClxiTllATEa. 333 lQov«rnoi' ig ('"y. ne '.1,9 |rticuiaret. incnt. Il(eord.3 vf the I'rinca inlf of His ^.^ in L'pjjur i', to enahl^ i'>\C.C\\f\'.C.J nunitv," — :=:vosT. orgp, r. R, ^es Hfor* r(>vcrf)or lu (.'iirinda iij ir or (;om- r tlic tiui9 ly of Jul V, liriafp Rf'J li the Ex- V \VE do lid foiuih ntion arid f> nnd af - 'orces, or ThnrriBs our lis- vifite for tiie iiiuB hr^iiig, J>ii:ob, Lord Bishop of Quebec, James ?luSy, Alexaudi^r (jiaai, John MeGill, iiiid WiiliainDummer Pow- •Ji. E;>qu'iied, to be members of the Executive Council of our said Province of L'ljper Canada." "(Signed) GEORGE P. R.** "To Sir James II. Crauj, K. B." It appears tliat it is the duty of the Lit'Utcnant Governor tft ^ake tiie opinion of the Executive Council only in such cases an he shall be required to do so l)y )it>* instructions from llie Impe- rial Guvernmeat, and in such other cases as he may think fit. It njjpcars by thp r'>!!(rAin.'.j transactions that the Lieutenant Gover- nors only coinmnnicale to their cnun-uls so nmch of the private ricspatches they receive from the Colonial Oflice as they think fit, unless in cases where they are otherwise specially instructed : Colonial Oiace' 20lIi ftfay, 1808.— F. Gorp, Governor, requeHtod t:ic advice of thf Executive Council, relative to the time of d)ssolv* hiir the present Purhament and cunvoking'a new one — they re^;)ect- fiiliy concur with llis E.xcehency in opiniioii that the wriu, fiic. should ibsuu forthwith. [copy.] Council Chamber, at Yuri:, S.it. 8h Oct. l^OS.— Prespnt p*. fj iro, liicnton'r.t CoviTuor, ('n;ef Justice Scot', Ji)hn McGill — H;s E.'icellency laid b.^fure Liin Couneil f l\(' follo'.vinij extract of a let- ter addit^s.-od to inm from Lord (,'aslicreairli, Principal Secretary for the Coioniof, dsted Duwiiinjj Street, 14i,li June, 1808. ** His Majesty has bi!en 2[fvni;imia VVibon^ Charles Prior, John Brewster, Peter Hamilton,- Colin MciVeilledjirf, Captain Andrew Drew, Major James Barwick, James Ilutton, Peter Carroll, James IngersoM, John Burwell, Robert Grey Kirkland, Alexander Richardson, Roswell Mount, Joseph B. Clench, James Nevills, Samuel Eccles, William Young, Colonel Alexander Wliallejr Light, John Warren, Captain Robert Dunlop, Edward Btiller, Captain I'liilip Graham, Claistepher Beer, Thomas KadclifT, Edward Erma tinker, Jfimes Clement Crysler, John McEarlane, Captain Robert Johnson, Eliakim Midcolm, Benjaniin iSpringf r, John Boys, WilliTin Gordon, (of Zorra) John Pliilpot Curran, AValter ]\IcKenzie, Henry Allison, Richard N. Star, Esqrs.-Tt, ^MM J;l'-'i »v I' » ^ I; S06 Magistrate. Sbcretaut's Offjci, ) Toronto, VUh Feb. 1835. / t certifv that tlie foregoing is truly extracted from the Ro- Jistry in this ofiicc — Book G. folio 117. D. CAMERON, Secretary t^' lifgislrar. No. 1/5. ilETUiiv nf tht, Mn^ristrnicx of the District of Niagara, ap- pointed vndrr a Comraizzlun of the Pcacc^ dated ike 31st Mav, 1833. After tlio moiniK^rs of ih« Executive atifi Lcjijldtivi.' Coiincilf and tho Judges of t!io Court of Kin^^'s Bench. James Mnirhead, Robert Nellcs, William Crooks, Robert Grant, Peter Ball, Samufd Street, George Adani«, George Keeft r, Thomas McCi^rmick, Alexander Hamilton, James Ciimmings, James Macklem, .Tnhn D. Servos, William Hamilton IMcrritt, Warner NfUes, George Ball, John Usher, Robert IlamiUon, Henry Warden, Daniii McD )i!gni], Mofdon Cryshr, Thonins Mrriitr, John Powell Tweed, Henry Neilt^s, Janiiii Black, William Anthony, John Clans, Goo. Stevens, late 76th Reg. of Foot, Robert H. Dec, David Thompson, lli;nry William xNelies, Smith GriTiin, Benjamin Cat) by, Edward Evans, Thomas Butler, (rcorge Kidout, Gimoral John Murray, Robert Pvlellviiie, James Lookhart, John C. Ball, William Ball, John Mi'wbarn, L'^iV. is Clemenf, (»gdr. Julm LctTerty, George Hvk"-», Jumcs Birdsall, George (Jojinolly, I{r*rth"loinow Tench, VViiliam nolles, Williuin Dufi", William Sniillj, Alexatidi-r Douglas, James Johnson, Liieutenai'.t Colonel . Jones, EdmumI Ilirely, lirnry Alittlebertrer, Wiliiam Ailaius, James \V. O. Clcirl*, John McG!a^I\:ln, Jun. Cyrus Sum 11 or, I cpftifv that thp fnrPT j;istry in liii"; oincf , IJooL Ellas Siniih Adurns, Captain Tsuch, Isano Johns' III, Michad G oyl.id, Amos BriUisliHW, Duncan JMcFarliind, Lcsslit^ !*rit'r;ison, Joim (^Ilv jural Green, Nnlhiiiii'l Pauling, Joiia (tibson, IlichanJ Woodrun", Jvhv. .^. Anna, Lfihur Crowell Wilson, Lic'Jt. C^Kirles Jnncs, R. N. Jai.ics CoojKi', near Quceu- ston, Simuoi nircl-;all, (Caiiborc') W:n. M. 15ais (Ni^gaifi) 'rls- (jUil \.S— V 14, fiFCur.TAny's Office, 4 Toronto, Vith Frh-ranf, 1S35. } oi'.i!/ !^ trulv ex'rarted iVom the Ive- G/lblin 100. D. CAMFRON, Sccretar;/ if Ecgistrar. No. 96. BBTur.N of the Magistrates of tlie District if Gere, appoint- ed under a Commmlon of the i^eace, d.itijd the ilnd April, isaa. ATter the members ot" the Executive ;ind Le^ris-lii'tivti i 'ouncl;3 and the Ji!fl?;.'>5 ot' the Court of Kiiig's IJnncb. William Crooks, John Willv^on, James McBride, Hugh WiHs^n, Wiliiam Ellis, Jamrs Racpy, Matthew Crooks, Daniol O'Ueiily, John Sscord, Philip Snvereic^n, Manuel Overfipld, Willi.'im Proctor, Thomas Lcpard, Thomas Smith, William Holmr, Elijah St'cord, i trMt 308 MAfilSTRATEl. i Hubert Mtirn»v, Richard Beaslry, William Cliisliolin, William ScoHick, William Dunlop. WiHi:iin Ricliaifison, Thomas Stephens, William McKay, Kohi'i't Land, P' ;- r IIiMtrr IlaiDiUon, "William B. Van K'-f-ry, Benjamin Wilson, Natlianiul BiV, AlexandtT Proudlbot, Henry Trout, John Chalniors, John Stoiri;t, Henry Siran^e, Williap Iloatli, Samuel Criiwford, John Watson, John Inrjis, Jnh T,-v|Tr, William Rirt, James Winiiiett, James Gilpin, William Miiir!ie;-.(1, Thoma'^ Armstron^i;, Jliraoi Smit!), .Andrew Gnge, James Wilson, Chirlcs Kennedy, of Erin, John Burns, Thomas Fyife, Hiiji'h Crone, Charles Prior, John Hrcv.ster, John S[ ran*, Dauitl K. Servos, Dhi''1 Lewis, Al'Siion' ^h de, Alexander R>)xborGUgh, Edward Hicliie, rJ.ivid Archibald MacNab, ]\Ii,.|>o..l A'-Uman, Edmoiul Hunilcy, 'GeDlVry Lynch, Colin ('ampheil Ferric, Osmond Charles Huntley, Unycock, Joseph Howes, Geor<;e Brown, Chavl's Bi'rr^ars J'>l:r; Williamson, John Love, Thomas Choate, Geo. Chisholm, the Yonngflr, A-'-'-— ToddKirby, John Aickman, the Younger, Thonias Harris, Jimes lliunil'r'n, j;.rv,or| p_ F"'^rt, Vv'iiliam l«t'vnold<», Rowland Wingficld, George' Hamilton, Francis Leonard, Esqr.?, — 82. 55.} SECRrxARv's OFricr, Toronto, ]Sfh Feb. 1835. I rnrt'iCy that the forerroing is tr-ily extracted from the Rc- gUtry in this ofTico— Book G. filio 93. D. CAMERON, i' in this Offlc*. Liber E, fulio 8. D. CAMERON, Stcrttary Sf Registrar. ■M No. 99. Upper Canada. RETtTRN ef the Magistrates of the District of Prince Ed- ward, appointed under a Commission of the Peace, dated the I5th March, 1834. After the Members of the Executive and Legislative Coun- cils, and the Judges of the Court of King's Bench. John Siinson, James Cotter, Reuben Bedle, Henry M'Donell, Robert C Wilkins, Simeon Washburn, James Dougtill, Alexander M'Donell, Hugh M'Donell, Griffith Howell, Henry Dingman, Gwilliam Demorest, Andrew Deacon, Benjamin Hubbs, Samuel Solmes, Ch;i!les Biggar, Dai"id Sn)itli, David Walt, Archibald M'Faul,. Thomas Nash, Owen M'Mahon, Donald Bethune, Charles Bocker, David B. Stevenson, William Dongall, Daniel Haxe, David Siinson, James Thompson F^ane, Thomas Flagler, Paul Clapp, John P. Roblin, John B. Way, Thomas M'Mahon, Andrew Kerr, John Lane, Henry Van Dozen, Jacob Howell, John Pepper Dowens, James Fairfield, Peter W. Ruttan, George Drewry, Bcnj. Weller, Esquire* — 48. Sr.cRKTARv's Office, Toronto, Vdth February, 1835, .] I certify th.it the foregoing is truly extracted from the Re- piftrv in this offipe. Book, G. folio 155. D. CAMERON, Secretary 4* Riffistrar. MacistraTu. 311 No. 100. Upper Canada. RtTURN of the Magistrates of the Midland District^ ap* pointed under a Commission of the Peace^ dated Ihth December, 1834. ffl ' V.^ After tlio members of thr Executive and Lcpislative CounciU and the Judges of tlie Court of King's Dcnch. Robert Williams, John Embury, Thomas Markland, William Crawford, Jacob B. Chamberlain, Solomon Hazlcton, Matthew Clarke, Thomas Erapey, Thomas Sparham, Benjamin Fairfield, Isaac Eraser, John Church, Samuel Dorland, Christopher German, Charles Anderson, Allan McPherson, James Samson, Anthony Marshall, John Macaulay, Alexander Pringlc, Colin McKenzio, Robert Richardson, Richard Lowe, John Turnbull, William Johnston McKay, Jonathan Allan, Jacob Rambough, John Marks, Richard Hiichens, Oiton Hancox, Jacob Shibley, William Kotchcson, Thomas Parker, Peter Perry, Anthony Manahan, ?amucl Clark. Archibald Caton, William Bowcn, Junior, Henry Smith, George A. Ridley, Lawrence Ilcrchmer, Samuel Casey, James McGregor, Adam Krien, Archibald McNiel, James McFarlane, George Baker, William H. Gray, Archibaid McDoncll, of Hueel Bank, John Portt, Edward Fidler, Allan Munro, Elijah Ketcheson, Tliomns D. Appleby, Solomon Solms, Calvin Wlieelnr, Donald Murchison, Benjamin Seymour, Peter Davy, Edward Howard, Davis Hawley, William Holditch, William Simpkens, Horace Yeomans, William Logic, Alexander Cowan, Senior, Thomas Askew, .Tohn Strange, Elijah Beach, George H. Detler, Esquir^f —70. '* ■HtVL-f ll.l- 1:..; i^i^' " "V-t r m '■■"3t" y 314 MiiOTSTRATF.S. SEcnr.TAUv's Office, 7\)ronto, 18/// Ffhniari/ /is-u} T reriifv lliat the foroeoinjr is truly extracted from ihe lie- jfUtr^ ill this oilice — Book E, folio 4. J). CAMERON, i^ccrttary and Rfgisirar, m ■f "if i^a No. 101. Upper CaiiJida, Return of fhc Magistrates of the District of Jolivstoim, appointed und r a Commission of the J*eacej dated the 22nd JiUt/, 18^J. After the memhcrs of the Executive and Legislative CounciU and the Judges of the Court of King's Bench. Joel Stone, Gideon Adams, SfepFien Burritt, Richard Arnold, Hugh Monro, Daniel Burritt, ITri Scovill, Phillip Piiillips, Lewis Grant, Sylvester Wright, Benjamin K, Munsell, Richard D. Eraser, Thomas Eraser, Alexander Morris, Thomas D. Camphcll, Kufus C. Henderson, William Wells, Abraham Dayten, Alexander McMillan, Bartholpmew Carley, WiHiann H. Bottom, William Morris, Truman Hurd, Jlonry Burrott, 'Philip Diilmage, Terence Smith, Jonathan Eulford, John Weatherhead, Justus S. Merwin, Archihald McLean, Alplieus /mes, Henry Jones, Elnathan Hubbell, Dunham Jones, William Brown, James Morris, William R. F. Berford, Jolsn McLean, John McDonald, William L. Whiting, Philip Shook, John Deming, William Kay, William P. Loucks, Basil R. Church, Jonas Jones, William McQueen, James Mcllmoyle, William J. Scott, Peter Scofield, W'-l sUs I the Pu?- isirar. }hnstfltni, dated the CounciU 1. Si tieoi's^e Bre;ik;Ii, W'illi'.tiu iMur'^aii, Al>. xa!u!'?r M'M.irtin, Diiiuii:? iM'Doncll, (;;iy V: V/o'.:, \li'\i;i.lt"r n.M'.r', AiiiDi'Os'j Jjljckiork, Allan (.'.inirioi';, Al!'\an Icr ("liisiioliii, A i'\' li) li.i' I'rasor, J.i'iii ?>l"(Ji!livfiiy, Jii'Tifs Pririt('f, 1). 'i';in!iip^:)ll, Philip Vdiikoiiglinot, !) lucaii Camoroii, J i:!ii Dmicm Caiii|)ljijil, H;^ll M'GHlls, \'i\\i^v Sliaver, .l.>!);i M'f,";!:-n, Alj)'n G."uit, Uuvi.l J.)!;0^, Juliii CaiiH-i'un, Slinu'i Clark, iMi'.liucl Einjiey, Joiiii Arc'iibn'.d, VVilli;i:«! lirnc--, Jolm WcilJroir, junior, D.iMiId ^. M'Djiicll, Alexauilrr iM'L'jan, Wiliiaru Cliae, AlexaiiJor M'Dor.aU, [late of GltMi-^arry Light Liikntry.] John JM'I5(;;i:i, Donald Oatcnacli, AU'x;ukUt I\]'N:ti), Arrliiball M'Douald, N.-ii iM'D.)nald, LViUr;;,! ( iask. J ;;>;e:s jM'Donuil, of Matilda, James W. Powell, Jjlia M'Doueli, of Grov's Antrum Caicuacli, Esquires— Crvi'k. ' 4'). .- jr v:i!o, [Mh Ftbruciri!. 1B35. J 1 c^Mtiiy iliat the fcro'^oinrj •: iciAy tvarcctcd (:oin the Re- ', 'rv i 1 'i:i.i o(Uc<'. iJook 12. ioiio L D. CAME'I^ON, ■ No. 104. appoint- \l5(li datf ive Coun< luci). IJPPEil CANADA. tlcTvRN: of the. Magi$tratp$ of thr. Ottatra District, appointed U'ldi) {7 Co»t:ni:'Si.).'i of the Pearr, dale J thn \7t!t Starch A:;.'i ;;i' Mi'iiih. ;•< o*' Mil' I\ xev'r.ivc an i Lptri'ki'ive Cjun- I'i'i--. ••. ' I iln? .fiftdtis i)t' 'br ('o'lrt nf Kinu'!.- Bfnch, i.i.n :iJ)o::i;!l, G:':.':' liauv.l'.oji, \\-2 318 Commissioners of Jospph Kollog^^ Phib Hall, John Briisii, ChaiiDcev Jolinson, Clitirlt.-a Shiriir, J<)S(>|)li P. Cas5, Ji)Ii;i C;"irnft-!» Jii:ilus iMoIloy, J.)Iiii Chorfsor, Jiimcs Fov, Arrliil);ild AlcDo.icIl, of Os- Grnvrv S. .I;nvis, Chnrl-ps A. T ow, William C<;(rin, Jolm Ko?, Pc'ti r S:rri!i!(:'. lJr;)fli>'.|i Biiiiiig':, N^^il .S;,-, ,',\i, ;, J):iiiic! \'v vii;;::>, Eiij;i!i is>cll<)!.% Tliiim IS iMcK'iv»' Si'iioii i*"r: -vr. goo'lc, Ale.vr. MrD).ioU, il.i^Ii McLacliliu, Aicihli.ikl 'jUTlinc", ^V'ln. ^\'ai^, of LonguicI, Es- f|l|!!'e,S-'J2. SrcRF.TAr.vV. Offic?, > Toronto, 13.'// Fdjruarif, ISO.', f I corMfy tint the foiTgnf.Tr is truly cvtraclccl from tlio Rc- QiVS'j in this Oiiicc — Book G. folio l-":/. D. CAMEPvOX, Scrrctciri/ t^* Rc^hircr. No. 105. A Rktcf.:? (iT '^'C Commlstiio:;rrs of l.Jic Courfs of Rcqu-.sts^ for the several Dislricl.'i of VpiJir Cuiiuda, !^!::ici:i^'^ ilu dull of^.'u: resptclivc Commissions. EASTERN DlSTllICT. Division. 1st. Snd. 'John ^h■he'^r\■•.■^, Alcxatnlcr iMcFvcnTiie, DoM-.iil iMci'hi'isuii, ^ Anj;(is (';i't inK-ii, .lohri Mcni-iti, An:;ii.s McrJiliij, .lolin iVJillar, John :M(;(Jii'iv.-;.y, Alexander Fia-^tM', Alex;iii'ler Mf.Marri.i, Daviii Tlioni].su'j, ! .John rslt:I'ityi»', ( Alexuudcr iici-LCiiziie, 'f W± y.cixh 1S3L n 0th March i:uL IC 1, Es M iti-ar. /:2fs Co: lil 'ft •ui ■ch IS5I. C!l i:-; .^r i-J. 4tli >th. 6th. •lb. Pth. JOih. COLHT OF KeQVESTS. ' Alexr.nder Chisholm, Aiicus A!(;l)oiiell, Alloti Caiin Tori, Archihuld AlcDonald, A II pus ]McG'illivr;iv, Ali'x-.tiulcr i\lc\cil),' Alhiii r:ii:'ClC!i. S19 lOih March 1834. 'Ml :!..! (.:ui CDacli, "i Alf".\;iii(lor JM( Doiif'll (Tea .lohii ]Mi !\(:m i;;i>n. Will (iiiiii, .liicol) ^V, Enipfj', )h !? nrcu.- ( A lux. JkMsn. Mark ljeori:c J icnl ^A .Miiiu \^rs.*icr, Will laiii K^ ,i,ii J \\ . Loiicks, Miiam rv. ■ UP, II »iaiy(.'l^. C.loli -\ Jolill ('(Hik, f Jolm l)illil,an;:li, r .'allies M'D.ni-ll, I I'lMuan ("lark, j .larob l]rou>ic. 1 dvoVZ'' VlV.W'A^ \1 invs ex iiiUi V.vli lllU;ll !\i'ra|-i '] 111 G >.'. n , olii; MadocL, 10th Moich 1634. 24 th August, iaS3, st,lc lOili 2Iaixh, 1534. :otii lOiU Sept. 15C3. :0th Sfqn, l"c3. i 3^20 Co3i:\jisy;oM:ns of llih. nuncnn "VI'Millan, John Ij'ik, jutiior, Hector M'Lcan, Alexander >I-r»Iil!;ui, Janies II. Cr\»|fr, 19th:M;iv, \mi. Divieion. I St. OTTAWA DISTRICT. 'M, 3'-l. 4th, fCliarlcs P. Trcuhvoll, Pavi.J PaUic, Cyianure)' Joliiison, Peter tftirlii\:',, WilHam Wait, •l.-'liti VVnrte!'..' Alarston, i Jol'.n Kearni, I Jiunas i\I(>ili)y, ■{ .lolin Paxtoi!, (John ('licssrr, JollM I;Ul.'li:i!ian, John l?rnsh, Pr". ( .:i.'. Ill*-' t . .-;.- :.'y, 1 Johii M'*" 1.1,1, I WiM,„i)'t>,::- M^ J8thMay, 1834. ViOth Au-'i>9t,lS.?3. "iOlhAurnst.lsna, ;-28;li^!->v, 1331. m joiix-:T;)-,v:\ i:^/^TnicT. 'ji i^'on l5t. 2(1. ■{ ,Ii,iJu r. "((,:!, I f^aii;;;, i '\ l,.nr .?, 1 Philip Pu;,..;..' , f .'VkvuiiiUr Xf 'ii:')n, f Aii:i,.; 3I'M.'.i ii, ', \\ iir 1,1111 ;>;•:;' ■ i, ( .'■•Im K. h' ■', Tr;o;rt •■■.hn I- i?. < 1 I yi'2,] At:^li,f, l"')li. f ,' . .1. I /lU: :l. ^mm; Court of llniUESTi 321 i.9t.l-33. 3t, 1-n;), 1331. 'hu. 5ili ~lh. etii jriili. llfh i Stephen Buirett \ Iliinilet liurrfitt. M( drew ivi()(;rt: y\ii Ueniy JJmrctf, W'illiain II. ]?ethunc, Will mm 'itiniaiii Ihird, 6th. { Heiiry !?b''r>\ (11)1. (iiU)r;j,o I\!n!i()ck, J. B.O. I'nrt], Joliii Houert, I i^uil (i!;7slonl. '. Jo.so[)ii K. llartweii, ^ Jdliii Worithcilieafi, \ John McDoiieil, i IJoiijaiiiPn K. ^lutisul ' Arciiihakl -Md i;an, vr;"' ■ ■ ■ iraitii ivovl JiCsijainin Haiii')Iiii, j Jfisepli i;i;i, ■ ar.iui i!ni\s ^'i. !i:-.'iv;.v, Uil, - \> ii:!:i:ii .Miahli nUL'S I;. SlholW'id, i* Luuck.i, I'* iiiii'.in w iiaw, ilii;un .■7!;ii;isnn, i;:n) i/ioui.tv 22(1 August, 1834. o-> nd August 1834 18»4 isai .f, i-n. BATl'URi^T DISTiacT v:x\]\ iitr nil ii;irii? ill. alurso!!, ICIK- V o litJi August ]"^M3. 'Ill "t I ■. !•; 322 Co3I:,IISSlO.\ErtS OF ,M? f-i-lH 2ijd. 3jc!. 4th. ;;ttl. Cn'ti. 7tli ?th. !);li. \ f fi'cor:;"' I. yon. j Gooijic '■'. iUuIic, / J;i:))(\s Hume, ^ J. 15. Lnwi , 1 Scnvel! OiDisby, L .I(isc|.!i !^hlx\vt•ll, f ;>,.,. ;m! McKiiiMon, j bill, id Fi^lier, G. W. l?;r. (',•. 1 \\ i!li;nii 'I'ln.in^on, ■^:;ii'-,i I'lasi'i, i_^ ''.iHicw (."(iDi-cI), :#a.,,,i.^;. '■).;,:<. ; !'c!i!_Y J'.ll'.Vill'.t.S, ( I'iiiDrii'.M i'iiiln'V, Au-l.il.; hi ']^■^^, il;ii))i\" Morris, I Au^'iTW Dic'KbOn, ^ J. .VrMi;i;ui. Aiidrcv.- <>iii.i;u!iiirin, (Jc'ir'.'r [wi;'!i;ii:'ji!li, \\ ill;, Mil |{'i.r"lS()!l, I .' til"-' J« »';>, i .•'■i::'.;.-: Wyi'p, '^•Jiiiii lIi.l(M.: on, , !\i;Utiir\v ]a-,u[i, } (jro;;:o 'Icijaiit, "i .ii.l;!:! Ii;iii. ^ .luliii i^miih. • .; .... .\cil, .!.•.!••• I,<'v;i:^ -'r'n, .loliti .A!cliif !0, J')!;n ,*. i "' ' r, .U'ltU Jjt.wiiM;:; . ;-c;cr ('.•■I'ir.l/r!], h.\u\r\ ri.ii:..-. M>;uil.-1 {"i.'lcr, ^FihIicIs liaii, C ' iiri-tn] it r J. T^c'l. ( thc.nn s 1!. r>;'jui. , \ /.l v-i (ipi- ', ('"-r, ; ly-is M^r-. -'. 20th Sept. 1834 I ( 21ih August ]S33 ;- 2-l!li August l.e;33. ) \ lOlh Jaoar!!vl635. { 24il, Aucr«:st. 1=33 ) ) iO,,i f^eptr- lo';3. > If.tli /...■. 5 '.'.5. 'laiiViJ 'C'JKT OL' REQL'ESTa S23 1834. ustjsaa I'Jt 15:33, nrv. ::o-i. St 1=33 f isn.-? ) '.'.i. MTD ::li 321 CoM.MlSSIONEni OF Owen ^fc^IalloM. Uenjuiniri iiiLiiurJiJ, 2u(I. J John Lane, Itoriry V'andoseii, Pet 1 !'i:.v Jiinicd Dou^all, \ James Cotter, I William Rorlvo, ■\ JJenJ.imiu Hitbha, j Sim^-'tn Washburn, ?^:imue! k»ulir....'. 5th. (Jth. Ist. 2in1. ;>r(l. 4th Jth April, lf^ Charles lJi;i:;ar, J John P. Koblin, "S Wiliiaui Bnciiiii la, 1 ^V'.;;:,un And ;;sou, (^ T homao iMcMihou, April, H.Ti, I j,l2th April, Ifl-Tl. 7 J.12tU April, lt?«4. » ] 1 new{;astli: dlstrict r Robert C. Wiikins, } E!.:..;, W. Meyers, J William ilob'.irtson, I Sheiiion liauiey, (.JoUn V. iMuiphy, r Jojiii Steele, I Thomas lli.cd, *| Tliomas ji.ulcy, j Doiiahl Cami)l)ti|l, ^Joseph A. Iveek'r, r James G. Ilogers, <>:2iihAug. IS^I. i < nil October. IB.^5. E. iJarniim, J lioijjamin Ewing, J Uichail L'ai'e, j John Taylor, C John G rover, r .lari '-5 (J. BpthiJn(>, '»ob(;rt iienry, »V' -liter Craivibi'l, E!ias Julie-, J Afu A. l!!!iuhrnn, \"'illi'i;n !ianw(.il, 3 I 7 21tii Aug. 1S35. C:Uih Au^nat 133^. Arr { i le-^ a. LV'ller, liii.ili! .'\h;})<).!a!i.l. W: Stli. Cili. 'fh. Fill. Oili. lOih 11th Court or Hr.Qi'FST«. 32j f r Richuid Rull(.rk, I J»jliii I). Hinilh, I U'illiiuu S»»\vd«ii, ^ John liunilimu, \), SiiJiiif. 'J'li()iii;iq Jienson William W.iilis. Samuel 8. Wilmof. \Villi;iin JMiIiit<»sli, Kichiud riOveUin, J WilliaiM \\ anen, Julin Scott, Ami E. VVal(.hi(li,'e, David Hurlu', fj. Smart, a. Ifiiglies, William Lawsou, I'atricli 31cG'iiir«', J Julia Thomijsoi), (joorgo I'lllioti, 5 < Alexander JJnmji, John Huston, t- (.'hiistoplifr Kuowl )ii. Sf-n'r. ^ Hoiiry Ewjng, I l);!iican C'anKn'on, J Daniel William.s, I Eltlriii;L;e frish, f ]^r,w\ Ferguson, ^-K'.-niicth McCasUill, Thomas iMilchell, Aii,t{us McDonald, William Cottini;;ljam, Jticliard W, Ahirmion, Charles Ilubidge, JoJiii ilall, ! W^illiam Sn)art, "S Daniel Grirtith-^, I Ephi-'iii) Saiilbrd, I Edw.ir J [liclsun, '^ Ko!).-rt Reed. / Richard BirdsaM. 5 Thomas W.ilLer, I Thoin;;s Carr, Adam Starke, ^ James Thompson, ; Robert Rcado, IQlh ■{ Kohert Brown, ; Thomas Trail, (^Samuel Strickland. ^ Isaac Blair, I Joim Piatt, Junr. IL'th ^ Jamci Piatt, I David Cumniing«, •Jomibrt Curtis, 1 }QAih August 1 8311 iiilihAiii!u<* I Pan. i 2IthAuguHt]S"T 10th Mar.h, 1831. i 10th Mar h, i;-!;n. VlOth March, 1331, } 24th August > •i4thAu ]dJ;j. guRt 18.33. I 10th March, 18:M, X2 •j»> >. ^■^' \' #. IMAGE EVALUATIOrJ TEST TARGET (MT-3) 1.0 I.I 1^128 ■yui. 1 2.5 1.8 1.25 1.4 III 1.6 ^ 6" ► .% V] 7. 7 Photographic Sciences Corporation ^ 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 872-4503 ? 2G Commissioners or i Ihh f.'.ili Uth Kohorl 1*. IM.'idgo. iiiiiis Xcnd, I > arc us, .lolinTitT, flioho 'I'lion Joliu .lolin '^.^, , j 'J'hotniis Allan. i IJeiij. JJuticr Kanncv. '^ I'Jiilip Le Vescoi !Cl;cc'sonian ]Mo( Joliii Lo<:ip, William I'lirdv, David Ciilhpit", I Asa E. Waldridgc, ' T'liomas J. Grover, I }*ul)cit Adair, J Jvdward J)rewry, I Alcxaiuler Coulter- PJiilip Le Vescouutj U. N. Clicc'soman Moc, Divisinn. 1-t. Nid. 3vd. ' 4t] 1 r.iii. ) Clli < Till. .[ I I LnwiTiico ITaydcn, Jrliii .1'. WancR, Aloxaiidri" Aiiiistmng, Jclm i'nnjnharsdi). Daiiiol Oiiirin, (,']iai!os r'othci^^ill. Francis Leys, Jc'Im Galbrailli, II. Doys, Aloxaiidor Wood, Hdl.nl (lillciijiir, .lamrs T'dward Small, .lolin («', SprajT^^rc, Wliliaiii llophiiii'o. Hcnjaiiiiii Mot)gf>r. l''rancis Cami)l)cll, JiTliii Lemon, Jolin Scott, C. J. B:d(iwin. \Villiam CamphelU Jolm CoatcK, F-d\v;nd W. Tliomson, .lolin Ganilile. William Thomson, V. S. .Tni'vis, .L McCJill. Tlinmas INfaciatli, •Fiimcs ]Milps. Ifcclor IMrCinnrric, \\ iliam T'arsoDs, HcDJamiii Thorue, Simon Lcp, David jjiidgford, j 27tii May, isnr. HOME DISTINCT. i^-iili Aug. l^-Vl J- •:>4tii August Id;:;:]. IsJtliAiirusf 1S!:«. j ■ ( lOili May, 18ni ] }- 2 itii August isn;;. I 3 1 4ili Augur4 lr'03. J.C»4tli August 1 833. Court of Requksts. 32; 8th. •Jth, lOth. 11 th. 12th. r.kh. Iltlj. l;jth. iOil). 17th. SWillinni Crooksluuik, Jo'iii Ander.soi), Ji'.mos Vciiinu, RicI)arJ Gappor, / V.'illiam li. li()!)insoii, / James lloiKicr.MHi, J Thomas IleiKlerson, ' WiHiain I'oc, C Francis llcwsoii, J Lewis AI!j;go, •{ Samuel Louiit, j (icorgo Ramsay, (^ John Dawson, ^- Arad Smalk'V, I Jaines O'l'iioii Bonchicr, f William Johnson, I llcmy Steniiett, Rlattliew (Jo wan, ( («('oi\^e Sppnce, \ John Coi)o.ii), ( Cieori^e Snoil, James "William Hamilton, Thomas (j!. Amloisou, 'Villiam Woodiu, Andrew i^ljlohcl!, Hamuul jricdiard.'3on, William hMmp.son, Iv^beit Olivfir; Edward I"'. Davii-', Edward ()'.T3ri<;n, , Arthur Carihcw, I John Curlhcw, Joim Thoinpsuii, Ehnfl Stuii', William Tnrnor, William (i;lbi?. li. i\JoIji'Uii (Jameron, John Edward Whit.-, Duncan Cameron, ilth August 1833. 1' \ "Mth Au K~ gust 1633. 4th AuL'uot 1833. WOthiMay, le; r,'Mihx\ugust 1833. 51. ^Ith August 1835. i-21lh AiigUBl, lSo3. (7thl\b'y, 1831. ji|; M Lt. COKE DISTRICT. liivitiiuu. ^ [)ani(i K. Servos, < Elijali JSoLord, # John Yo-.nij'-, ^David McNixb, ? s 2 iih .'.ugu=t, 1833. Goo ^«4 COABIISSIONERS OF I 2nd. 3rd. 4tli. :iili. Cth. rih. 8th. Oih. 10th. Hth. l£th. .ToIiiJ W'illton, J.imcs Gage, Uugli VViJiKon, (lenry Bcniier, .fohn L. Law, • Matthew Crooks, \ Alexander Roxburgi;, ( .Job Loder, ^ .Tolin Aikman, Junr. John Haycock, ' William Richaiddon, James Racey, James VVinnet, Reuben Leonard, Wiiiifim Holme, , William Muirhead, ' William Dickson, junior, Absalom Shade, Robert Murray, • John Smith, (ieorge Stanton, Robert Belliugal. .William Wedd, i William Scollick, ^ Rowland Wingfield, ( William Heatli, (Thomas Smith, William Reynolds, David Gilkison, George Wilson, ..James Webster, 'Henry Strange, Edmund Huntley, < George J. Mackelcan, I (Jeorge Lamprey, L Robert Ailing, ! William Trout, John M-Kec, Donald M Millan, 'Thomas Fyle, John Burns, ■j James Laidlaw, I Alexander Campbell, I James Hume, f Alexander Proudlbot, George Chalmers, Charles Biggar, IPeler Henry, Levi Will, on, C William IM'Kay. < G'' ;rg^ Ciii&holm, ( Joseph Ireland, > yi'i.h August, lc."3. i I • 1.3th F eb. 1831. '3Uth Oct. 1535. 21th August, lej;'. 2:1th August, 1833, 1th August, 18C3. .24th August, 1803. 2 lih August, 1833. Court of Requests. 329 "3. 13th. . ■^(1 3(1. 6\h. 5th. Clli ?ih. 'xMaijuel Overfieldl, Thomas Itacey, Jiimes B. Ev.ait, Andrew T. Kirby, ^Jaines Durantl, • 21th August, 18.33. Division. Ut. NIAGAIIA DISTRICT. ■Robert Cnmt, Robert Meh-illo. .Tames Loci;hiirt, . Richiird VV^oodrulT, ' William Servos, William M. Dall, Daniel i\rDougalI, .Tohri Lvoiis, rOgdeii Creii^litori, I diibo-rf !\!'.Vjiikiiiy, -{ .Tohu C. Croen, j James Robinson, I Malcolm Laiiig, George Mackenzie, Alexander Douglass, William Powell, James Johnson, L William Smith, Tench, Crowoll W'iison, junior, Duncan M'T'ariaud, I'hincas Robinson, Michael Grayl-iyl, Janus l»Iacl<, Gefir: Keei er. Wi'liam Ad:im:-!, Charles K. Fell, Moses Brady, John IM'Glashan, junior, .John Clark, William Hamilton Merri't, Jjeorire Ad; i.ms, Robert Burns, Joseph Clark, Henry Mittleberger, liver Plielps William White Ramcock lenr> Nell es. Smith Griffm, Henry \V. Nelles, John Patorson, William Nelles, V20thAusnst,183.3. j- 16th Oct. ism. gust, 1803. pOthAu !-20.hAugust,183? r Oth August, 18.33. j^5th June, 1^.34. -01st Oct. 1833. J 1^^ r,;;0 Co.-M:,iiS!^ioxrr;s of 8!ll. {>lll. li);.li. /i?nij;imin (^iiiil)y. \\ iliiaiii lhen Hiicciis, iJonalil Ciiirie, ricorpfo Mniiroc, John C. 5thNov. 1S33. > 10th March, 1834 lOtb March, 1834 Govr.RNMnN'T OrFicE, \ 20th February, 1835. J WILLfAM ROWAN, Civil Secittari/, * CoLLccToiu a:\d Lnspf,( TOUS. S33 No. IOC. ?^IR, I.f3rKCTl)R (irEM'.nAL's OkPICK, Toronto, 17th Fcluuury, 1835. In oliciliriico fn His ExcRllcnoy's commanfls, I \\nrc the lioior to state for tlui int'oniiation of tlu! Ilojise of Asuemlily that (/oltectors and Iiispoctors, ou their appointment, are p,iveii to un- (liMstand tlirit they must he resident at the ports and places which have been duly established fur those offices. It having been intimated to the Lieutenant Governor «nme time : inro, that in all cases tliore was not a proper coniplianee with tliose insirncttons, I had the honor of transmitting a circular, the ':oj)y o( which is herewith inclosed. I have the honor to be, Sir, Voii.r obedient humble servant, To Coj/tMx Rowan, tikC. &c. &-C. GEORGE H. MARKLAXD, Jtisfectnr Gaietal, No. 107. Inhpkctou Genki\al'3 OrricK, 4th November, 1833. {CinCULAR.) '•-•IR, I have the honor by the direction of His Excellency the T.ienterKun (Governor, to ac(ju:iint you, that as Itis Excellency understands that the duties of Collectors of Customs are in seve- r;d instances aUnj^ofher performed by Deputy, he requests that liie Collectors of the Province may be informed, that it will not I)c in his power to contiiiui! any Collector in olliee who does not ijsido at the ))09t umler his particular charge, and execiilf the 'luties demanded of liim. 1 have the honor to be, Sir, Your most obedient humble servant, To Cni.rxcTOR^. [V true copy.] GEORGE 11. MARKLAXf). Inspccloi fkmral. YJ if 3-34 Ret I RiV. No. 1U«. A PiTfRN of Persons, who irtre Memhern of thf la ft TJovst of Asaemhlu, ivlio Ikivc mrxykii ojjicta uf tmvlum%ntuhiU:T the Pro- vinciul (ioveinvicnl, since the Gcntial LUcUon I80O, uith the llucta vr silttutioiia }^ivcn them. KAHEi. Jlirhar'l V. Trincr, fhilip VnnkoM|;linft, TVinalf) Mil>i'n,ili(, Wjliiau Ckiikulm, riAri OB »1TI'AT10!». DATC. ( otlcrto' firruMiimf, nrorkvillf, I'". tU). UMa»-« I.isiric, Cullc<:4or of tuiioBH, Oakvillf, anil U«ffn!h»r, 1»J1 ?'tli Marrb, IKK WILLIAM ROW-AN. Citil Si*rttgry. €ovnnmenl OJJlce, 20/A Felnianj, Iboo. UttTunx. 3.V5 ,4 'f^' *^^ g v5 ^ «» ^"^ ^ **-.'?. s •*5 "^ 1^ Mft.5 C •«««• i* -«« -S •*•• "is «> 13 c 5: 8 t- K* » ?-5 f 'f ^ n 's Jet s^fe^ o J- <: i. t J a a II c -J 11. £ o i Ei3 y. E 5 i «X-= ^ 'T ' JO £ ^ - •<■-£: 4>- « V * r • •M V t^ Wis «) - £ ££ = * . Oji rt r" •, o o .-! t( "3 S « « u £ "2.1 u «j ? * _2 •- 5f ♦- ij ""3 a ".?•: ~ = = S " J3 br O 3- «^ .- ^ "^ . ^ c *> c ^ a c-= ^ * o-=e (9 O 9 O O o U •52 .?: r ■*• >t. a o c • P, *• "* «^ u a C3 B O . M « ® B O 41 cT 1^ - - _ a. V u B 4, 61' r ■y) '{>>}« oZ o = « •-JJ3 ft. " ^ u V * O •x » «* c 5 5 ja c * t "^ O J3 ■** C I. •^ ^ *— • -* '.^ c •tt U o 'iW«'3 '-.■ii fei rf :• « r^ ^. S C ^ «j) 2 u ^ i> ri '-i »- -n 5 < A 3f56 11 n i/riRN. c o e^. S V = 1.1 2. « I. v ,:C «j 3 bi-<-.:S •» _. 3 a o 0* <3 '- K '^ ■2i -= w-w a ci ►.C3 ■a o • -5 c •; ^ ti »•«'«• "3 C •si's- « - w It ■ - S'*- — •u.Ei- o-i: SC P !! 3 4> M ^ ^ ^ !/ t— i. 3 5 f t*^. »> «r .5 3 JC e b u ^0 — vii.x. i; t n-^ a b U i i « 0=5 ° ? *w • r > ei r. a •^ — •'" •^ »,S « Ci * ja pj * . <- . H y r: Ul ■2 a R )■ U^ „i IS V w o ' •- •• U -^ P3 a ^.oS c -a 1 £ S b Q. o o ■" 2 = - 2 5 -CM 2 c a — o — ca 3 a u b c t; o i> ■a t«. S •_- fK •^ t t e -n * a o?c ^■-R^l-^ ti S -5 .2 >- '5 o M > •= a »u_ ;u.i' 'i^^ P" 1) .£ l. ^ m U) ;i.;i e i-S C: J2'^ c o a rt SiU s- « ♦<, w « n - 3 « B 3 O IS !• «"* -J ♦- '^ d *-' 3 «^ 7, "*• -5 S £x^„jg_ ^.? Hc/J c c ii'S ■/-c- 4j w- 5g-« cj u a Mt . _- "" ^^ ftj ^ .h . . . = ■5;; ;i . - t;-='3 ^ssi's Jg. .EST. --11^ .2 Tiig^MS- 1 o-ai^^y •< H s e -^ M) fr rt k e ' .c «■ o ^ a V. V 9 2 « 2-3 si o a » „ I L- I :i O p U < u u = s •5?. ^ 1^ a c u O 3 k m «" i, " £.3 H " « .. 3 5 -a t, a ,c « "2 •— u a a — ^ T> — • U O «J U It 1; o 2-3 5-' ^■z. f "" Id u. i. •• t 1, c . e* — > . •' ^ I -o 3^2 B U OS •5 *'^' 3 . C 4) 4J c 1-^ i» a - £ c ■• .- V a; jS o I- i "2 I- br S 3 3 3 MS 5: « — ' ^ a 4^ ^ llr.TllfN. .« S = j: So — u ■='J C i, S J o ^ J, V i- 13 -3 Q - t- *- _, ,W *■ flj ~ ■- -o E " ■0-3 c ^.2i V V *- ® J — go £-S J ■J - * b — v' - « y, V V J S" a c ? tl^ ifZ.z.-z. c -= 4^ t. C - ci" — c " "^ Oi 5>> K — iUiiX'2 c^ %i ift •>- o V 2 a '— ' - S^ ?i a • ■ "* w 'li^ 3 = « u - 0: S " S . 2 ii a oj a (s r- "* *! ^ * 3 Asse- ss r. E a " i; i* '^ - Co J i2 '■= 3 ^« » L- ■■ e «> h"^ o r ► - >. u £ SO J 2 « i: •'.i3 ■" £ *" £ " p ^ n « •- n nj O S r-, 5 i " 3 £.« « « S -a , a «^ CD «'-' a „ ,. i i' - S "tt o •= ._ £^ s SI w ' 2 *) " T3 wS «- » "r » _ ._ § ^ la Em £ 3.1 3"? = ^ 3 = I •J 1-3 g-a ^ ^ « >; u 5 O 3 «• c« a w a S => St* « o «3 e Q § 1 J f 00 i. c a. 60 8 Wl ^ •^ 3f^a r!^ His jIo~ p^j'l s h'rcrs linrr'm, c:c. \'c. i\'C I^Iav it ri.r. vsr. Yon; r.vrr.i,i.v.\o>;niMsfC:-?• \;t\'\ bi'foro this I J^)ll^ lor iis iiirt.jnialion, at as run a p.- cnqMirv will n^linit of, in '.hn present Si.i;i-ion as lliC luitiire ul il 10 A rrtiirn of tlir cstphiishmnnt of t!.n Gonrrfil-Post-Offiroi ill l'|ipor an ! I- )',icr C inadji vwd in cnrli of tlo otl'er V(Ao' j/u'S ill Norlli Atv.cric;) ior iIk; \ciMs 1 18:.'3, nnfl lt:;M. s'.atinc: lI:o ininibrr of Postniiisicrs and Dopiity-roplin-cislors i.'i pacli Trovi ii'f, (lu; iimoMr.t 01 111 me 111' ;•)(] llic inn; t^ nf oju ii r iilldvvaiicrs iinu enw;- tcr and I)rpiil3'-rosi- nastfir in Uppci Caniuia; siirwiiifr tin' siil^M'V, r'llowiipccs, fc( j i;r.d t ue wliolo incuaio tluv scvp't.Hv- I'lrclvc, and luiii '.vii;it sonrcos it is dt iiv( d, and (he aiithc;ilv iindfM- wliic!'. tl r- sunn? IS au 1 t! irn: slatmG: ;i lr.o tJ \c iM'nss amoiint ( f e lortcd a; cich I' ost-o[iio(.' m i; V'i ('ill uu CNtMHIC <0i- ■,nd the wliolc oxpfP=r> o froll rrtjnji thr s^anip ; will; (he roi:viii3f'rit expense's inourrf'd in tho C.uiidas io d,.t;ti!,''s() far ps it can !;n ?!i(v.'n; n.irticul mIv tlio f>>;i;onso of tonvv\i)i!' tho IVJai's, viih d:(t nam" of fi-cli Mii'.-Cor, rtrr, tiio amount wccivcd Lv In!i! tnd thn r;i(rs at \k'. 'I t!io rctn.-n Lowpr (' annr!;< •U ilio Mdls press ■ •"■ n V, ! rT nris!a''0 in \ ir.fr an ■ I- 1 1 of ;lin o'.hrr Coionien in IS'ortli ! ic i^!li.enl•^lul.^ » <.nd 1831 ; distinc ' U ' . t ; rarii ol ll :rv.rs i: n::iiii; a 1 s ' I tlin amount of nt•\^s- papr at;d panipl'hf pos'a iioiii li!o i'lr.oon t of ioX'.c: pcst;:^"* rocjiivod nt rarh ctli^o, and showing in v. hat ll>aii:iri- t!ie proceed* have Leon app'.io.!. A s'ntoin'M} of iho pro?3 nmonnt of r.o'.v-naprr pont;u.'(^ p'iid by c-rh priiitor or pri-rprio'or of ncv^paprrs in the (^:i- in No(t!i Amorin, in rarh of tlf rs'^rs rnr] oth.-r C Vf;ar% ihi 1 0H»n( and isr.4, snot, ipor 111 \v hat Kiannor tie Ororoeds have bc-.'n appropriafod, with ropv of any or.ifrt, Post Ori'ici:. U:59" (iL'spsilrlies, or othrr imtlMirity under wltlth siit li posUigi s Itavu bou A cxicU'd \,\ the (JdIijuIps (iming tlie last ten years. A sl.iteiiK.Mit, she. villi' in iii-Uiii, tli(? eiiioluinents of the i)e- l»!ity Postiu isler-GoneiLil of IJ^iilisli iVorMi Aaieiica, wlKjlher fiorn stlai V, fi-Nn, allovTiino'i, uowspiper post.'igcs, painplilut |v>itrta;us, p'jr cniitai,'es on tlm oollectiou of Hnitri! St.i't'S lot- tot- or uow.sp.ipcr p^iil.'.;;'), or froi"n any oiln r so;ii'cn wn^levor, (luring tilt? ye. us l-i.'ij, 15.]. J, an;! IdJl, ;ii\i siiowin;! tlio n;;- tli'ji'ity nnil'M" wliicli ho ri;C";iv('s (ho sovtM'.J items of iiicoine. A slat(MUMit i!io\vi:ii>- l!iii p;)sl i:,"j pai^l by t'ln Patriot ncv/s- pipor, li.st piiblis!ii!(I 'it KiiVTsioii, tu..! riO'.v iii Toronto, from the coininoncenicnt of tliu aeri(;-:, wi'.U lii ; ilatts of the sove- r.il p.iymoiiJ.s. A statoiiiorit sh(;'.vii>!; iho svi;iis ro'iiltti'il \,y luo Cieiipral- Po.st-oflice I)r;p irtnvMit in C jn.iif.t iin 1 iha oihor Giiiish Co!.)- iiios to the Gonor.ii-l*o>it-n!iir'o, I^ondon, ;\ud also the Uiiittfl Slates po.st ijj;e, roinitte.i to th« Po.st-olTico Department of ilifi lli.iunl Scites \n ami for tlio years 13L!7, 1328, 1S29, 18:^0, 18,31, lS.i2, LS3.;, .i.iil l.'i.M, and stati-^ liso Lil.'iico now in t'lo hands of tii D^^pity-Posi'iMstin-'Gonerul at Qoebec, and thu period up to which tin list ren>iUance to London was- nvide. A stuteniont oftlie am Mat of m ini'V f'/i!iid in iho Jond or misdirected letters in tlh) i>riii»h C'.jloiiics in iN.nil! ,\.!;-.^i ic:,-,, frnni 1827 to 18 3-1, both years in(du^ivo, nnd siicwin^ tlia })\irposcs to Wiiicli it h is boon aj>plied. A .statenj'Mit of the amount ot" Colonial postage, whetlier on letters or newspapers, chargoil at Q'lehcL; ;ind [l.dd'.ix, to the Depart nicnt in Lon loi>, and collected, or intendeil .-o .1) h(!, in Kn^d and or otiier parts of iho Kiuii's dominions be- yond Nnrt'' Anuoica for 1^32, 1833, and 183-1. Arottirn, shewin;* the several classes of persons who fr-ivh lpiler,«, 0." who have the piivilcsre of transmitting; h:Uers tlirc, tli'j I'ost-ofi'ice :it reduced rates of i)Oalag(^, with the extent to wlii'di tlujir piivilcges extend. Had it been pracirc:ihle to make out n sepnrute and distinc > ■-r.dement of the rcvcauw' raised by taxation in the Po-:(-offir ''i ■ fr.-^-^ • '1 I Inston Vi acknowlodi^e tlio receipt of your Icl'er •■( liip 2'r\\ Foliiuiry, onclosiiii; copy of an addross from the House of Asseiii'oly of Upper C mudii ies|)ectin;^ the l'ost-o(Tu:e Do- prirtmoiil iiiidur my ch;irj;o, and requivstini^ me, hy comnimul of His E-cceileiicy the LieutonHnt-Governor, to furnish, for the infonriation of tho Assenil'ly, the Ileliuns rcfpured by th;^m us soo;j as possible. 1 he.i; leave in answer to yonr cominnnication to inf(Min yon, foe the information of Ilis f.xcellency, thai 1 sIimII ini- nio liately set abont collecting and conijHiing the great amount of inft)rwiation roqnired, or as mncij of it ns tho nieans nt mv dispO'^al will enable mo to obtain ; bnt as an act of justice to myself and to prevent disappointment, shoidd the volnminoiis Returns called t'or not bo ready so soon us nii^hl have been expected, I ni'ist observe, that the task prepared for me is a iieavier one tlrin can be imnj^ined by any ono not conversant widi tho sid)ject and will, with my very limited assistance and iho necessity of keeping the current duties of the Deparlnieiit gj'ing, necessarily occupy a considerable length of lime. I have the honor to be, &.r. T. A. STAYx^El^ D. P. iM. (Jen'l. Licnt. Cid, TJownn, ^ City of Toronto, ' Upper Canada, j iSo. 111. No I'u'toftli" F'lxpenditnvo of the. Tudirinl, Civil ov Ficclp*!'-'' tical Kslablislununls in Tppif iJan.uLi im dolriiyrd hy r.ngli».u(i •— u ^M-- t\»iA.N Dc?artme:?t. 34^ T.\] t5ies9 CTipeuspj arn now paid from the Revisnucs dijriveJ (Vnm tlie [)ef<|)le of the Fioviace ; and that too, on a scale o( ex- trav;)!TiincR fji surpassing imy other part of the ISHrth American Continent, and in most c;ises without the con';cnt of the peopla them -elves and in direct opposition to their wislies and interests. " The IJlue Book" sliews that a small sum is annually expend- ed out of fund.-4 derived from England on what is called "The Indian Dop.'.rtnient," it is so inconsiderable as scarcely to !)e worth notice; hut small as it is, the followinc; extract from tlie Sessions papers of the House of Commons for 1833, will shew that it is fast pi-p2;res.-in;^ towards a total al)olition. The Bhie Book mentions that the following persons were paid from England last year—the sums in Halifax Currency, opposite their respective names, OJi tlic whole and it is prob- :it)ie that a s'lm under £2000 a year is remitted to keep up sine- eu!'"3 and pensions, under this title. Jns. Civins, Chief Superintendent Indian Department, £412 J. B. Clench, Superintendent do. 211 T. G. Anderson, do. do. 211 a gvv.\t. He has, however, to observe, that the presents which for a long series of years have been annually distributed to the Indians, aro due to them partly on tiio faith of Trcati.^s for the purchase o!' their Lands, and for servicca rendered by their Tribe? in former Wars ; the remainder by cus- tom BO long eslabiished tlmt all the general officers who have gerved Z2 342 India:^' Department. in Canada concnv in opinion that any siuldon nlteralion of the eyg. torn would excite great diasatisfaclion amongst them, and he pro- ductive of conaiderablo inconvouiunce to the Local Governmenta. Undnr these circumstances it would heahke impolitic and unjust suddenly to discontinue tho issue of the cut^tonmry presents, but Lord Godorich truaisthat their amount may gfradually be diminish, ed in proportion as the Indiana can bo indui;ed to settle and to adopt the habiis of civilized life. By the accountis', which have been at various periods transmitted to tho Lords Cornmissionciv, it appears that very great reductions h:'.vo already been made in tiie expenso of this department ; tho amount of the presents having been reduced since 1810 (rorn £117,500 sterling, to about £10,000, and the charge of the establishment and pensions from £10,200 to iii/lOO, Even this sum for the establishmeiit may appear considerable, hut the duties of the otticers of the department in time of peace, accor- ding to the statements of Sir Jame.i Kempt, are various and impor- tant ; much discretion is required for their faithful and satisfactory discharge, and from tho remote, and in some measure uncontrolled situations in which these officers are sometuues placed, it becomes necessary to rely almost implicitiy upon their integrity and judg- ment. For ihf so rcaKors it is essential that the salaries should be suffi- cient to induce poTsms of character and respousibility to lill tlie appointments ; indeed such alone can obtain the confidence of tho Indians. The strength of the establi&hmcnt his also been recently dinii- nishcf', and llie present scale was fixed after much consideration by Sir Georgo Murray. Lord Godcrich is therefore of opinion that it is impossible at pre- Bent to make any further reduction either m the number of the indi- viduals employed or in tlie amount of their salaries, without impair- ing the efficiency of the department in a manner which must neces- earily be productive of very serious inconvenience. The presents to be distributed are purciinsed under the directiong of the Board of Ordnance, according to the requisitions furnished by tho local authoritiog, and which they have received the strictest injunctions to keep within the narrowest limits. The presents being as I have already stated, partly given to tho Indians in exchange for the lands of wliich they have resigned pos- session, a poriion of the expense ought to fail upon the Revi nuo derived from the sale of those lands, and Lord Goderich trusts that an arrangement for that purpose may, before next year, be eifeettd ; but as the largest part of this charge has been incurred under Trca- tics entered into with a view of securing the services of tiie Indians in wars for British and not for Colonial interests, his Lordship is of opinion that the burden cannot be thrown (as at first sight would appear reasonable) upon the inhabit .nt^ of Canada. I am Sir, Your most obedient humble servant, To th« Hon. J. U. Stewart. IIOWICK. L\DIA> DKl'.ARrr.lKM". 343 iBidinu Dci>:^rl329cn.l, I'Piier aud £iOwcr Canada. EsrrMATF, of the. Cliart^^e of defrai/ivg the expense of the. Estaf)lis!iment of the inJian Drpartmcnt in Upper and Lower Canada, from the. \st daj/ of January ^ 183:2, to the. '^Ui day of Maich, 1833. £2 '.,000, Clear of Fees aud edl other deductions. LOWER CANADA. Rucretnry, QiiebcCj. . . , Siipciiiitciidiiiii,.. Dicto, Intcrprclor, Ditto,. . . . Ditto, Dilt;),.... Mis-^iontiry,. . . . Ditto, Ditto, Ditto, Sclioi)lincislcr, . . . Ditto, f-n!{i^rinieiKlont. .jMoiitroal,. . , li)tcr|irctcr, Ditto, Ditto, Ditto, Resident, Ditto, i iitcri)rcter, ..... Ditto, Missionary, Ditto, Ditto, Ditto, Ditto, Ditto,,.... TAT AND LODGIHCi MO>TiY. £ s. d\ 239 239 107 3 -i 10;: 3 -1 75 UPPER CANADA. ( MiiiT Superintendent, .Superintendent at tlie B.iy of QiiinK and nice Lakes, 1 Superintendent at tlie Iiiver Tluunes.l Clicnal!, Ecarte & River St. C'lairJ Apsistaiit Ditto,. . ])itto, I Interpreter, Ditto, f?upeiintendent at Mailiedasdi and- Lake Sinicoe, i 7'iter|>reter, Ditto, j Siijicrintendent at tlie (irand River,. . Interpreter, Ditto, : 50 20 231 102 3 4 102 3 4 131 102 3 4 50 50 45 i 400 0{ t 221 01 1,645 ]6 3 231 0( 1S7 102 3 4 231 (I 102 3 4 231 102 3 4 ],757 10 %u Pcntlont. LOWEJl CANADA. Madame do Montfgny, Widow ot'Cupf do Moijiiirii)', oO Madame do JMullionv, Widow of Capt JMallioJi> '. , 30 Madame la Motht*, Widow of Capt la iMothc, I 50 f; Mai7 Vinceiif, Widow of L. Vincent, I Schoolniuiter, ; 10 Abigal liarc, Pc.isiouorfor past scrvi-j i CCS 20 oof 21 13 4! 21 l.J 4' DuiiGan jNlurcliison,. . .do.. . .do Amable Chevalier,. ...do.. , .do.. . . . 5 Chiefs of Indian Tribes, for wounds received in action, il08 6 ^, 4 Wan-ijrs of ditto, for do, do | GO 13 41 UPPER CANADA. Alex. JVlcDonell, Retired Assistant 85 80 70 Secretary, Duvid Price, lletirod Storc-kcfper. Clerk and Interpreter, (Sarah Elliott, Widow of Colonel JM. Elliott Theresa JMcKie, Widow of JMajoi McKie Catherine Brant, \S'ldow of Cyptaii.i Drant, Q-^ IJe;,tcr liill, Widow of D. lliU (a xMo- iiav.k Chief), , Barnahas Cui/i, Siipcranuated Black- smith Timothy Murphv,. . . .Ditto, John Iliggins, Ditto, 7 Warriors of Judian Tribes, for ivoiinds in action, 91 5 c; 3 4 C 'I 5 0! Expense of Indian Presents, Siores, «!tc 20 Oi 42 11 8 42 11 8 42 11 8 106 3 4 353 8 671 11 8 j ; 15,572 15 For one year j '20,000 Add for tlrst quarter of 1832, . . . j ! 5,000 125,000 -1 No. U2. :Mj Ccrr. U. C ('«>!, LFOR, ? ^larch lyth, 1530. <^ SIR, In olicdieiice to ITi.s Exc(;II(Mify's requpst I beg 1(1 transmit to you sucli sinUJii'MiUs as I i\y to llie ic(|uibitioiJS ol' nii Aduress from tlje House oi" Asstiubiv to His Kxccllency, a coj»y of Vrliich I rtcoived on l)ie 10th instant. As rej.'artl.s the fX|iOM- «!itur« connecttii \vii)i the institution and its financial concM-im* ^iMierally, I have nut tli(^ mt'ans of giving any iiilorniaiiitn, thcv LvAUij conducted by the JJuisur, the Jlouoiublc Colonel Wciia. I have th« honour to be, &:f. JO;iEl'II II. IIAr.ni3. Lieut. Col, IIi'.wa;*, f &:c ^;c. Jcc. \ A X S \y E R 3 To auch IJnquirifs coviainrd in nn Address of tie IToujf. of Asscrdhly to His Kxccilcncjf the lAcutcnant (jloocrn<:r respecting Upper Canada College as iha Frincipud kiioiclcdi'c enables Iiiin tj return: — To QcF.3. '1.— •' Rates oFTuiiJon." A quarterage of X^, eurrency, lor tuition, and five sliillingfl Ar riintinsencies (tliat is, pens, iiiL, fuel, &c.) ia^)aii.l by each i.cho- liir in the Coilesie forms. A tjuartornj^e of £] 'in. currency, fortuition, and five shilJiugt fur contingencies is paid by each scholar, in that (Jepartnicut of the Collc/,e wliich is caileJ the Piepaiatoiy t'chuoL The terms at tlie (.'ollege IJoardini; House, are £-iO, currenry, per annum, for liourd and Tuition. The requisite Books and materials are furnished by tlie Col- Iot;o and cliargod to tlie pupils, in addition to iho above Icrnid. Asuflicient slocU of iJooUs, Sec, is ordered every year fruni L-n;;- i.uid, from which the College is enabled, alter covering the expen- j;es of shipment, &oc. to supply the boys at a cheaper rate, tium tlii-samc articles could be purchased in the city. To Qui';s. 7. — No. of Scholars, &c. The number of scliolars whose names have been entered at IJ. C. College since its commencement, up to the jnesent time, in o;Jl — but as the names of some scholars who have been withdrawu fur a time, and afterwards sent back to the ('olh'ge, appear more than once on tlio list, tli« number of individual boys who hav« received Education at the College may be staltd at CGO. QcKS. 7, coiitinutd. Scliolars in U. College in the seveYnl quarters, endiiij at th« annexed (l?tM. 111,1,'] iiii ilG U. C. Coi.Li:t;j f Nori;.— Tlic !iMrc!S.< of ihu Ilouso of AsstMubljr (Jc.?iro.s n • 'iilsMnciit of tljf mniilK i!) on tlio /it'i of JaiJiKuy, April, Juim .uul (>ctijli'.'.r ; Ijnt sr* tlic tJollt'^t; t)M liters oik) ,i« bt'ltjw, ami tiirj liji.'i iivo. tliiMi foiiii;tily Oiitcroil, tlie (bllowiiim is tlie most Ui'.curaie jc- ti;rii lli;it ciui be iemlt.Te(l — iwid I trust it will be fuiiiid to ap- l;io:icli siiUiciiMitly neat lu the j)ii'scilbo(l dates, to aiiswtr tlie purjHiso intended.] NoTj-.. — A similar lotiirii to this, up to Dcceiiibcr, lr3'VJ Willi \va:J ru;;iio;!n.'(l to n omiiiiiU-L' of tlie House of Assfiiibiv in i)e;'ciiibi'r, JS;}'> u ollhMjiijibriiiatioii repjjectini; l. ('. Colli ( wliioli f !)(.■;.'; leave to letV'r. Obierviiig in e.\iilatialii;ti (lu;t lli'j r;]i;;lit di^cicpaiici(.'.s betnecii l!ie iir.inlieis here Hiveu, and tlio^o ill lh(; doeiinieiit just rel'ern d to, for the yfar, lii'-S'l, is to be iic- rinai recur J wi foiiiitod Cor, b}' (he fact, that at th:;t lime no fo kept of the iiiini.er of pupils at tlie (.''ollo,:j;e, in each yej).irali> tjuarter, and that it wiis therefore dil'ficult so to exiilbit ihiai. hut since that time a fjuartcri}' list ha-, been re:;u!aily [(reserved, IVom wiiicli the numbers after !:-'••' are now extraetei QiiKS. 7, conli'.iued — Ta em: h he If in the vumhcr of scholars snif frovi fhr, conntn/''^ to U. C. Cvllcge (I. c.nft/.c ],'var(J(rs) '■'• andoj those hdou^ing to this Cily, (i.e. Day JJoys) Jlr the last three years.'''' JMarcl- June Au_2u (Jhrisi DAVlinvs 1 ' 130AUIJK.KS i 101 iSOdi 70 7i 7o (Jd 31 ! 1 1 1 lUih St 1 trnas I -JOQ r.vi. M June area l^'hi r.t . .. •Unas, ?i 41 101 I'H) 107 114 117 lt?l 11*9 ^^ U- C. C0LI.F.CK. 3i7 idai. Miuch 70 70 7!) 8a 83 ! ' i ; a/ 1 a7 i 3n 1 111 J UllC ji.j \ 11 ''list • IJO ClirisiiiKis Uj March 12 124 Answer to Ciui;s. 8. The course of Educiition at the (]!o!Ipf;e, ;unM)or»k3 useil mo piviMi scpiirutely. To tUo dctuclitd qiicsliuus ilia fullowiii;i an* iiu.s'.vors. V A C V T I O N 3 . At Chri.^tiaas. — From the Siitnrtliiy preccJing fJljristmas iluy to tlie Moiulay (oitriight folio u'ing. At Ifkilnunlhlt. — A week. In the. Suiiunrr — From the Friday 011 or i)efore the l.'Jth of August, to tho Thursday six weeks following. There are 110 children taught at Upper Canada College, with- out being liable to the payment of feef. No pirtof the .Sclivdars are required to conform to, or he in- srructed in, llie peculiar creeds, or religious exercises, of any Chiiatiau dcnoininatioji. JOSEPH H. HARRIS, PriiKinal of U. C. College.. C nurse of Education at present pursued at Upper Canada College. PREPARATORY SCHOOL. f" .K Scholars in tho Prepiratory School are insfnictrd in Englisli II mding and Spelling', Writing, the elfmonts of Arithinetir, and the first rudiments of Latin Grammar. — Tliey are removed into tiiu first, or lowest of Culleg-o form, when they ars familiar with the Latin Accidence. The following la the general arrangement of the daily work of the Prcparaiory School : Ist divioion,* Latin Acoidcnco, * Tiie day is divided in tlio business of tho College as f dlows :— l>t division — From 1 quarter before 9 to a quarter pa^t 10. 2nd do. From 25 minutes past 10 to 10 miuutos before 12. 3id do. From 12 to 1. 4th do. From 2 to 4. licfaiJes the above, a class composed of tuch boys in tho College a mi r.43 U. C. CoiXEoc. 2iiil c'« Etifjliali Roading; and SpHlin j, !)rJ do ... Rending (twice a week), 4f.li do Writing and Arithmotic. FIRST COLLEGE FORM. Monday, t)ivsifn 1. Writinrr, 2. ftcadiiig, and Recitation from Testainont, ;<. 4. Rocapit Illation of Clasetcnl Lei3on?i, Tuesday' 1. T.aiin Syntax, Construo^Cord'^iiMs, 5. I*.ire« (.'onU.Tiusi — Eoad Engluli, a. 4. Aritlmictic. Wcdncsdmj., \ 1. 1j\i\\\ Exerpiso, 5. V\ riting, IViursdny, 1. Litin Grammar — Conairiio Cordt^riuo, 2. R''H(I, and P.trne English, 3. Antmctical Tables, 4. A:ithniotic. Friday. 1. Writing, 2. Lain Grammar, S. 4. (3 to 3)— Parso Corderiiis, 5. (3 to 4) — Scripture Reading and R.-'citation. Saturday. 1, Aritlimotic, *i. l/itin Grammar — Englit-h Spellin;r. Books used in the first form. English — Bible — Mnrrays introducfon. Latin — Lily's [or Westminster) Grammar — Corierlug Collo- quies — Howard's Litrodnctory exercises. are qnalificid, attend tha Writing Master tiiree times a ^rcek, for Book Keeping — from 4 to 5 o'clock. On WeJnesdav and Saturdny, which are half holydays, the Col- legB close* at 12 o'clock — nnd at present iliose boys wiiose parents de *ira it, have the opiportnnity of instrnction in Landscape Drawing &,c. from 12 to 2 on tiioso days, at a charge of £1 pbr quaater. Fr 11. C. CoLLncr* 349 SECOND COLLEGE FORM. Monday, ^ I^iv'wion, I. Rpading ami Recitation fionj Teatament, t}. Writingf, :i. Arithm''tiral Tal)Ic», 4. French. Tuesday. 1. Latin Gr.immnr — Latin Exerciaoi, "i. Arithmetic, 3 4. R-'capitulation of Classicol Loseons. Wednesday* L Arithmetic, '^ Lafin Grammar — Lectionoa Bclcct« (Construing and Pareing.) Thursday, 1. English Reading and Dintatinn, 2. liitin Grannmar — Latit\ Exercises. 3. Writing, ^ 4. French. Friday, Latin Qrammar — Conslrue Loctiorca ScJecte, Gcogrnpliy, Froncli, (•2 to 3)— Writ in;:, (3 to 4) — Soriptiive Rnading nnd R^cltalion. L ») 4. 5. Saturday, 1. I.ntiM Grammar — Parse LRcMcnes Seicctep. y. Aritlimolic. Books iisal in the second Pi rvftriw— Biblo— Dlnir'3 ClasR Rook— T Latin — Grsmiiiar — Kxompla Minora — I Frkxcii — G.'atamar — Exfjrcisea. nmer'«! Gef>^raph .ectiones Select*. y- TMIRD COLLEGE FORM. Monday. Division 1. T-''5ifamrnt, Reading and Reciiatioa, '2. P'liwinp', n. Wn-.i.i^. 4. Aii.lirtietic. A3 ^00 U. C. Goi.Lr.GE. Tuesday, 1. Ar".t'im''t.ip, n. Jjntin Prosody — Corncliu'? Nop03, or PiiosJrua, Arithmetical Tables, Frcricli. Wednesday, liitin Exercises',, (ieo^rrnpliy. 1. «» 4. 1. :j. 4. &. Thursdiiy. Cipiisli History, AntliinRtic, i''i-cnch, llocapjiulalion of Classical LMsona. Friday. Iji'ii G.aafimar — N)po.-» or Plimdruii, Writing, (2 ton)— .Elem:5n:s of CJrooV.. (3 to 4) — Scripture llcudintj and Rorltation, Saturday. 1. ri'Pncli, Si. Latin Prosody — English. riooks used in the third Form. ENG.T.isn— B.blc — History of Englnnd— Turner's Goojrrajrliy, Latin — Gmmmnr — Exnrcises — (Ext mploL Minora) — (.'orneliu* Nepoi or Phredrii^ GREr.K — Howard's Introductory Exercise?, French — Lcvizac'a Grammar — Dialoijups — Tdlomacbus. FOURTH COLLEGE FORM, Monday. Division. \. Testament Reading, and Recitation. - 2. M:ithemniicB. J3. Arithmetical Tables. 4. Kecupitulation of Classical Lessons. 1. o 3: 4. l^ucod-ay. Frorffli. Drawing. Vvritini;;. Latin Exercises — Ovid's riretamorpLosea, or Cdessvr,. 1. 1. X 4. 1. •> a. 4. 1. Wednesday. CyLcuU Cii'umtuav— •(ji'cck Dc!cctU!<. S51 Aritliiiivlic. VViitiij;;;. Thiir^day. Uicck KxcicUcs — EugUiU Uiblory. F/idaif, Latin (li-uiuinur — Oviil, or Ccesar. Matliciuuticd. Aiithiiieuo. French. (J to 4) Scripture Rcadiug '^^'^ lUcitatiua. tSaturday. (iruek (jraiujuui — Clrv-xii. tlxcrcibes. ^lutiiui.'iulic^. iDoohs used in the Fourth Furin, English — Bible; History of riiglaml. I.ATiN — Gramuiiir ; Oviil'sJ Metaniurpliosfis ; Ciesar ; Exercise*. GucsK — IJlooiiirmlJ's Abridgment oC M.iltliiuj'ii Graniujar ;— Howard's IiJtroJuctory Exercises; Valpy'a Delectus. ruL.Ncn — Levizuc'd, and Lo Tvillicr'j Graiiinuirj; Dialogues; Tck'iiiachus. riFTII COLLEGi: FORM. Mjuday. X)ivision. J. AiithuiPtic. *. Greeli TesLanicut — llccitiilloii Iroiu Eni^li^U Tos- laincnt. 3. Freni;li. 4. CMwl'^ £j)isllc'S, or Sallu^t; Hiilory of Komc. Tuesday. 1. 31atlienialics. il. Repeiition li-um Ovid ; Gxeck Delectus, or AuflJieta Jxm/' a- Minura. ^^ a. Wriui!.. 4. ilctjiniiulation of Classical Lessons. 1. .1 IVcdncsdny. fIreeU Crammnr — (trcilv T'N»'ici'-:or. L*r;i\viii::. i!li;;ifri!K WW: •!: "iSi-.H./ii m^'t'li Thui'sJai/, Frciicli. Miitheuiutics. Arithmetic. Greek Grammar; Greek Delectus, or Anaie. Mino. Fridai/. Mathematics. Latin Graniniar — Latin Exercise. Writing. (2 to 3) Ovid, or Sallnst. (3 to 4) Scripture Reading, auU Recitation. Saturday. Mathematics. Greek Grammar— History. 1. 2. a. 4. 1. o 3. 4. 5. I. o Books used in the Fifth Form, SInglisu — Bible; Goldsmith's Rome. \iATij( — Grannnar; Ellis's Exercises; Electa ex Ovidio and Tibullo, Sallnst. Ereee. — Grammar ; Valpy's Delectus ; Analocta Grrccii 3!iuo- ra ; Testamont; Valpy's Exercises. F/tE^^cu — Le Tc^lici'd Crammar ; llcnriade, &:c. SIXTH COLLEGE FORM. Monday. Divisiun 1. MatheniaficH, 2. GreL'k Tcotainuiit, uiid llecitutioa from Enjjhah Tes- tamont, 3. 4. Ropetition from Virgi! — Vir^nl or Cicero Construed, Tuesday. 1. (Jroek Grfiniirtu — Homer, or Aiialccta Minora, 2. Muthrmatics, 3. French, 4. Grccli K.tcrcieCi — El-'^mentd of Genora! Ilijlory. Wedhesdct'i. 1. Malliomatir-, '*. Latin Gramiimr — Latin Exercioue. 1. Mailicnialic?, Thursday, l\ C. CoLMlliE. 35.^ )viilio and 2. Greek Gmnimar — Humor, or AualctAflSliiiora, ftUer- tXil nalely witii elciuciita of Iliatury. I^ Arithriiutic, 4. Rccapiluliitioii of Classical Lcetions. Friday. \. French, Ke-tra Delation of Cicero, VVriiiiKf, (2 to9; — MiitliPniatic's, (iJ to 4)— bcriplure Heading and Rucilation. *2^ 'A. 4. Saturday. 1. Grtick Grannnar — Virgil or Cicero, alternalely with P^leirn'ius of tlistury, 2. Drawing. Dooks used in the sixth Form. ENOLisii-Biblo — CroId)3niith's Grocce — General History, Latin — Ciraminar — Virgil — Cicero's oratioue — Ellis's Exercises — Steps to sense verses. GuELK — Graninutr — Homer — Analccta Minora — Testament— Val|»y'd Greek Exercibes. Fke.ncii — Lo Tcllier'a Graniuiar — Henriade — Boilcau. libh Tcs- •uns'rueJ. ;ora, jlorr. SEVEiNTII COLLEGE FORM. Mondoij. Divittion. 1. o 4. 4. 1. Greek Testament and Recitation from English Tes- tament. Latin Prose Author — Cludsical Antiquities, or Geo- graphy. Malhcniaticg. Tacsdatf. r.lenicnts of Matural rhilosophy. Greek I'oct. FreiK'li. Maiheniatics. Wcdnesdaif. Greek Grammar — Greek or Latin ftc-translatiooi nifeiii ' '!y. M.'Uhciij.itics. S54 U. C College. I. a. 4. 4. ft. 1. 2. Thursday. Greek Grammar — llyiacu. Arithmetic. Mathematics. Friday. 1. Repetition from Gretk Poet— Greek E.vcrciscji. 2. Drawin.T. (2 to 3) — Greek Prose Author. Qi to 4) — Scripture ileadiiij uud Recitation. Saturday. Repetitions from Latiu Poet— Latin Exercises. French. ■,(h (rfrj BOOKS USED IN THE SEVE^'T:i FOPtM, English. Bible — Conversations on NiUural Philosophy. LatIn. Grammar — Valpy's Eloganlie L'tlinaa — Cici.io de Officiis — Ilorac'j — Scriptorcs lli^iiiani — RoUiUU Antiquities. GuEEK. Graiuniar — Valpy's Exercises — TcBlamcnt— Collec- tanea Miijora, vols. 1 and 2 — Gn^ck Autiruiues. French. Lo Tellicr'B Grammar — Boikauj dc. Each of the six lower forms, it will be sp^n by the above detail, has a recapiiulaiion day in c'asaics, each week, i. o. a day on whlcii certain of the Lessons which have Lecn dune duiing the previous days of Iho week, are gone over a second time. It ip o unaii^ej liial on tvury alternate recapitulation day, each form rccapiluiaus to the principal, who id thii^ enabled iVom time to tiuie» to jud^'a «f the geiu;ral progress, and also has an opportunity of becoaiiiiif HrquaiiileJ with tho abililicd and oharacii-r oi' every Ley ia i;.e Colhge. A public examination embracing all the (Ippai'tments takes placo anr.iially iii the week precediiiij the Cliririti.iCid ilollidaye — ut the fcuiichis.oii of wiiich prizeti of booktj are di^lr.buled to thoao bcliu- lars, whose proliciency and good co.iducl ilu/iiig the fa^t year, have boon rnojt uistin2ul:,hed. Tlie regular course at the College is completed in the seven foruiS, acc^;rdmg lo tlie detail iiuw giViMi. J5ut. to meet lliu vitua uf liiO£,e parents wiio are not dosiri. us of giving tlier tiors a li.d" rough classical t'ducation, poidi^ w\i^ iidVo been not Uss than tivo years pursuing tlie ("ollege courco, or vv'.o l.avij eitm,)lel(.'d tli<' eourse of llie tliird form, are ailowod, at the t'tpecpil request of tiicir friends, to disco. ilinuo class-ical studies, ana conruic fhoir at- tentio.i to the other depart;neats — j Simiiar exception is occahiitaHy Kia'e, in i.»^ cast- ct a bo; t;£i!i_', a: admitoiO.j of Uj civc;;c;iA;! U. C. COLLF.CE. tccahiiialiv arc to make it a(]v;siU(» tlint li*» bIioijI.1 then hfgiii t];c «!nsy of J^atin — such l)oya form what is called the partial class — whtwe oc- cupation is as follows : — PARTIAL CLASS. MONDAY. 1. Scripture Reading and liCcitatlon. 2. Aritlimotir. 3. Writinsr. 4. Mathematics. TUESDAY, 1. iVI;itIi3matlcs. 2. French. 3. Writinrr. 4. English Gramm:ir, Composition and Hlstoiy. WEDNESDAY. 1. Ariilimptic. 2. Geogrnphy or Drawiiij^. THURSDAY. 1. Drawing. 2. French. ». Arithmetical Tables. 4. En;;lish (as Tuesday.) 1. 2. n. 4. 5. ]. FRIDAY. Mathematics. Drawing or Geograpliy. Writing. Scripture Reading and Recitation, SATURDAY. IMatlicmatics. 2. Arithmetic. TIic pr.?soa;n7 rliecfs contain pucli informaiion in roply tornqui- Ti.}3 contained in an Addrosp of the llonsa of A'S'jmbly to His Er- c^llonfv, the Licntenint Geverner, relating to Upper Canada Col- l->gr?, ns I have thf mcanfl of furiiieluiig — and which I bog leave rcgt>ectfully to Bubmit. JOP. Mnrch 12tii, 1835. \ II IIARPJR. D. D. Principal of U. C. College, H a: i nr>(S No. 113. 7''o His Fj/cflhnr.y Sir Juliji Colhorne, K. C. B. Lkutenani Governor nf the Province of Upper Canada, Major Gent' ral commanding Jfis Majesty'' s forces therein, Sfc. Sfc. <$•<•. May it ri-rvHr. Youa Excrli.excv : We, His Majfsty's fliitifiil siiifl loyal subjects, the Commons of IJppor Caiindu in Provincial Parliament assembled, hnni- bly request that Your Excellency will be pleased to furnish this House with copies of all correspondence between His ptlnje'^ty's Goveraincnt in Enojand and the Govcrnnjent of tliis (voIiMiy relatintr to the several expulsions from this House of William Lyon Mackenzie, Esquu'e ; as also relative to th<^ 5 (if Solicitor General, and the appointment of Ro- I'ort S. Jameson to tlie ofTice of Attorney General, in the room of the said IT. J. Boulton. MARSHALL S. BIDWELL, Sprahrr. Con'mnns House of Assembly, ? lyth day of June, lSr>5. " 5" Atwrrr. ("!r)p;e<, of thr^ l">(^:;>Htrhe': applied for in ihis ;')(T!lres'^ c.innot 1)0 l;tid belbri! tli" HsMi^e of V'-^spinblv wi'.houl iho suu'.'liciU of His Mitjosty's Gover;iin(Mi(. *i i\(). 114. Case of Frnnci* C'oI8ii88. Trri'RsnAV, 9'2d January. l?i??). ' !Mr. Diiiton seconded by Mr. Jnnio'; V»'il-'on, mtn-es that the nddross to Hi-; l^xcellenry ri^spectirif: the cave of rraucis Col- lin?, b.' now r'-nd a rerond time. Wiiich was c:;;iii.'<]. and the address was read a secoad tiiuf'. Case of F. Colliivs. 357 On the qiif^stion for concurronco bcine;^ put, Mr. JaiDcs V/iisoii, secoiuk'd by Mr. Dalton, moves tliat the House do resolve itself into a Cominiitcc of tho whole on tho addrees in bohalf of Erancis Collins. Which was carried, and Mr. Peterson was called to tha ciiJiir. The Speaker resumed the Chair. Mr. Peterson reported that the Committee had considered tlie address and amended it. On tlie (jaestion for rjceiviiig the repoit the House dividod, and the yeas and nays were taken as follows : Ylv\S — Messrs. Baby, Baldwin, JJlacklork, Broiise, Bn- ell, Cawthra, Dalton, Euiiiif, Fothergiil, Eraser, Hopkins, Hornor, K(;ii;liuMi, Kilborn, Lofiert\', Lockwood, Longley, Lyons, McCAdl, McDonald, Mackenzie, Malcolm, Alattliews, Morris, Perry, Peterson, Radenhnrst, Randal. John Rolpli, («eor!j;e Rolph, .Shaver, Sniilh, Thomson, \Vilkin5on, John W'i'.lson, James \\ ilson, and W'oodrnll^ — Ji"^. IN vYS — Mes-^rs. Betliuiie, McLean, and Samson — o. The qwesti<;ii ^vtis carried in the aiTirmative by a majority of thirty-four, a:; 1 t!ie report was received and the address ordered to he eii^^rossed and read a third time to-d^y. Agreeably to l!i'.^ order of the day the Address to His Ex- rellency tlic Lieutenant Governor, in behalf of Eraiuia Col- lins, was read tuu third time, [Kissed and signed, and is as follows : til i J •** Excfllrncij Sir Joint Colhortir, Knight (.'r)ininai.'(icr of the Most HonorahJe Military i), dir of the Bath, lAnitenant Governor of i.'i'i Province of Upj>cr Canada, Mtajor Gen- fr.il mmvianding His Majesty''s Forces tkcrc- iv, l^T. S^'C. i^V. M vY IT PLEASE Yoja ExCET.LF.XCy : We, His Mifi>^ty's duiifid and loyal subjectfi tho Commons of I'pper ('anafl t in Privincia! Parliament assemi)led, hum- bly represent lo V )ur IJxcellency that we have received a pe- tition from Fr,ii!;T» Coi'mis, a prisoner in (he York Gaol, un- <|jr s.'nfjMice ot' llio hiie (Joiirt of Oyer and Tcrnjiner and General Gaol DtMivcrv ii ?ivA for t'^o Ilouie i)islricf, for li- bel. i>y ■^"■.^rc lie is doom* ?d to twe!v,> nift'iths iin- p.i'ionnient and to ji^y a fine of tiity pounds to (ho Knig, and afterwards to rivp socnrity for his trood behaviour for three. vaars, himsalf iii JwiOD and two sii.tiaes in £100 each, and to B 3 mi 358 Cask of F. CoLiASa. ttand comiiihteu till tlioso coiulitions be complieil wjih; and having taken the s->nie into our co:isid(;r;.tion, lugether with tha time lie h»s already ber. cotitirjeJ, wo earnestly entreat Your Excellor.cy to extend to Frunris Collins the Koyal clc- jnency, by remitting hiii sentence and restoring him to hii family. MARSHALL S. BIDWELL, !^peaher. Commons Ilouse or A^soniblv, i 22d January, lh'J9. ' ) Saiarday, 2Uh January, 1829. Captain Matthews, from the Committee to wait upon His Ex- cellefiLj the Lieutenant Governor with the Address of' tlio House on the subject of the enlargement of Francis Collins, reported delivering the same, and that His Excellciity had been plt^ased to give an answer, which he handed to tha Cl^rk who read the same as lyilusvs: Gentlejiew, It is my anxious wish to render service to the Province, by concuniiig wi;h the Legislature in every ijiinjr that can promote its peace, prur.penty, and hapr>ipC5,s ; and I regret exceedingly, that the flouse of Assembly should have made an application to me, which tl.e obli;^ation I am under to support the lav.s, and my duty to society, forbid nie, f think, to comply with I transmit, for the in'ormation of the House, Mr. Justice Sherwood's ob-;rvva'/'r, - " ! copies uf a I'etition from Fran- cis CoUiuj, and of t'v.' o[.;y to it forwarded hj' my direction. CofY. Sib, York, 5th December, 1S?8. The following are the principal grounds of my judgment in the case of the King vs. Francis Collins, lately convicted of a libel on the Attorney General. — I think all publications of this kind h;.\e the eficct to create ill Mood in society, and therefore manifestly tend to a breach of the pub- lic peace, which is always regarded of the greatest import- ance by all civilized goverr.ments. Such publications also have a direct and undoubted tendency to impede the due ad- xninistratiotxof public justice-, by gchcrating a bad feeling and iujurious prejudice in the public mind, and more particularly Cask Oi' F. C OLI.INS. 359 I \v;ih; and iTt'tlier with st!y entreat lii)yal clo- liiiu to hii TLL, ■y, 1829. on His Ex- Iross of fl)o icis Collins, ;lloiit_y had f'cd to thtt vice to the svpry tiling Pss; andl hould have am under rbid nie, f V. Justice 'mm Fran- dirccfioi). % 18?8. in the niititij of tho Jurors whonrc summoned for the trial of c'iMsos. This ilbol, iii my opinion, wus intondod io obstruct th(! adniinistraHuu oi jusaoi>, Itccauso it was prinied and pub- lished durin>j: tlio silli'ic; of tin; Court, and just before tlio de- f;MvI '.rit v.;i3 tried for i)rinin!: «nd publisliing an allodgcd libel an Sir Pf-roj^rine Maithmd, tlun tlio Lieutenant (iovernor of tl;a Province. Any person \\i;o urlu;?. :ii\d j.'uijii.,!:''s fair and ri<;i lid opinions on the system of government and consiilution nf the country, or points out what ho hone-;!!}' coni.oivcs to bo tM-ievancis, and in u j)ro;,':'r ;•;"! d-.';"(:!i'' tunnuin- propoc^r Ic- ^••;1 means for the vrdfLSS of such !>ricvanco:-<, or i! any per- son, in ids publication, enters inio a jusi and usefid criticism of the production^ of oliiers, and .li'^vs the pub'ic tlicir er- ror'; or ahsu'-'^'fi^s ; or if an}' one, in a decent and proper njaiinor, exposes liio errors and wrong opinion;; of public men; or if hoexliibi!'; tho evil ter.dt iicy and unconstitutional Le:irin2^ of [tiiblie measiiro.:, ?•'.„!; p.'r.iou in my o^/inion dc- Kervesencouragement. if such puhllsiicr however, steps asido iV-'m the Iiijj!i road of d<'crt':cy an.d per'cc-iLIi.' d-'iortnienr, ;\nd adopts a course of public calumny and open aousc Hgaiiist the oftlcers of governniont eonerally, nr [jarticuinriy against til" prin!'i;''d law oHi;:; r uf tho i Sir Jon\ Co: lumw,, Knight. Commavthr nf (he inosi IJonoiabJc MiHfartf Order of the Hath, Lirufeiy-::if Governor o/ s in JCIOO eacii ; which, sen- tence if enforced, amounts in lact, to perpetual iniprison- ment. In con^.efluencc of this ruinous sentence, your iiiomiuliiiist has been kept in close confuieniiMit !ii ti.is iraol, for the last month, and the business by which he supports his faini!\ iill but ruined, as the entire success of his estahlishment de[>cn- ded solely on his own personal exertions. Und;M' thes(! painful circuinslauces. Your M'^ninrinlist looks forward with hundile confahnu'c to Your Kycellfncy's clem- ency, to restore liini to his liherfy, by a remission of the sen- tence, and thereby save a young and helpless family from deso- lation. And Your Memorialist will ever pray. (.Siirncd) FRANCIS COLLIN??. York Gaol, Nov. 2Gth, 1828. i7nrrrnmrnt Ilnvse, ) Dec. 18t/i, 1828. i MR, 1 am dirwctcd to acquaint you that the Lieuienant Governor^ regrets that he cannot think it riuht to com])Iy with your pelu- tion, dated the 2()tli ultimo, but that ou the expiration of ilnj specified tiino of your imprisonment, any application you ntay wish to make will bo taken into consideration, upon the facu alleged in your statement. I am, &.r. (Signed) Z. MUDnC, Ur, Francis Collins. !\IoNr>Av, i?6fli .lanuary, IS'if/. Agreeably to the order of the day the House went into Com- Casi: OL', F. Collins. 3iM iriitteo of the wliulc on His Kxcellciiirv's AniWtr to lli« Ad- dress to liin), on boliiilfol FiMiicis Collins. Mr. lowing was csiilod to tlio Cliiiii'. 'I'Ik< H()nsc resun)0(l. Mr. T'.wiiij^ reported thrit iho Conunittcc liad airrrrd lo two riesolntions, wliich lio was diri'ctod to submit for tho adti|niou of tlie IIouoC'. The Repor* was ordorod to Ijc received. Rcsofi'cd, That this IIouso docs not don!)t tho sincorhy cf the anxious wish avi:rr(>d hy His K.xcollcncv in his ni» ssrigo, to render service to the I'rovinci; hy concurrint^ with the Ijot^isln- tnrc in every thiiipj that can promote its peace, prosperity ami ha[)j'.iness ; hut, tlio inipntaticn wliich this Ilonse a|>pr( liends tn be conveyed i)y His KxceUency's !Messa .'■ 'i;^ II ^iifeii m 5C2 C\yL or l\ CoLi.ixs. On l\u- qtK-stloii for nHcivii!;,' tlii; Ilcport, the Home diTJ- iletl, and tlio Voas arid -Nays wore taken as lolhuvs: Yr.As — Mcssrr. II 1I13 , i),i''" in, I'lmk'cck, Broiisc, Riiel!, Ca'.vthri, D(iil..ii, m! 'vson, Lwiiiir, Ko'lriri^ill, Frascr, Ilaruil- ton, llopiujis. Ilornor, Ki.'l':i!uin, Kilborn, Lt^lTcrty, Lficki-ood, LyoiH, xM'.'(;t, Gt^')rt;(; Ro';)Ii, John Kolph, Si' :iv(!r, ^ill:itll, iV.ry, Wilkinson, Jauuis Uilion, and Wood- rufl'— So. Nays— rv!c>s -.:•:?. l>cr("',y, I'l'tluuif, irj.'ulorjoii, Longley, Mc- L'>:»n, ^l irris, S.unson, and J.ilm \V'il! .MacisCi/.it;, M. V. ll;!ilor> of papers op- pf):.i:ii; tiiC! injinioas policy [)n:siied I)y tito !ato Pro, ii)oial Ad- n>iiii..( '") iliiit (ilii"!' i>:iM"rv iMuli''!' ill" n;!f riMi:iir<> 'ukI miv /-»f tti<» ;)fe men. On wliioli tin; Hjiise divided, and the Yi;u! aiul Nays vv'era taken as follows : Yi:as— ]M.!ss Nays — M'^ssr.s. l*.'M-::y, Bethune, HciKh.-rson, Longley, Mc> Lf^an, Morris, and San-.son — 7. The question wa3 carried by a mnjorlfy of tliirly. Tho second llcsolulion was then pnt as follows : Kr.arlccd, That tho dociiiivnt niarlu-d B, is a true cony of the Indictment upon which Francis Collins was ac^aiia-a at the laU" Court of Oyer and Termi^ier and General Gaol de- liverv for the Iloni.' lyislri^l. On wliicli il.(; Ibusu divided, and thr.' Vv'.'i and Nays wcr« ta» ":i as lollo'.v.s : Yrvs — Messrs. Hahy, [>:)ld'vin, Blacklock, Rro'-.nc, i>nel!. r/iwihra, D.^ilon, Diokbon, ^'v.■i•!!^ Foih'ir^i!!, Fraser. Hop- ki;r-. H'«:i:cM". i'vot'Mivi;;!. Kiihorn. T. tTcrtv. Kof.Lwo d, Lyoi.*., Case oy F* Coi.liins. Cc; se divi- , IlamiU ckf ood, ;ailiovvs, 1 Ilolph, 1 Wood- ley, Mc- v-seven, zh- Died and n, M . I'. ipors icial op- A-J. ;iy of tho nate wr.n ui-'iit tl'.O and pri- ays '.ver» c, Buei). Ilamil- ockwooil, attlic'.v.-., ill, Slia- n, Jaraci y]oy, Mc- c ctMiy ot jaliU.-u at Gaol de- ays wer» r.. itiiel!. cr. Hop- rl. Lvoi-S McC'all, MrDonaUl, ?.Iai.l;enviio, Mulcolui, ?«I>Mt!.i.v, s, I'crrv, Peterson, Radu^ihurst, Gi>orf';c IJ-lpli, J (dm Uolpl:, ^^llavt.'r, Smith, Thomson, Jamos W'jUon, and Woodiur!— DJ. N.vvs — iMfssis. Attorn.-y Gtneial, Hcrfzy, l?c'hmp, IIc~- ilton, Henderson, Lonp-'; v, McLean, Monii, Samson, Terry, VVil!;i::5,c:i, ;;i d Jel'.n W'ilNon — IJ. The question was curried in iho aOlriuativo b;' a Tiiajoriiy of twenty-o.iC. Tho third Rcsolnlion ivas th«>n read as r-illuwi : Resolved, Tiiat Francis C(.IIi.l^ I.eir.ir ntt.lrr pr(!sn( i.t;on for tho said alleged liliel on Sir i'erearine 31aiil i:,d, lur, Attoriiey General Robinson, during the said (Juurf at Yor;', cncJca- oitd to force hiiu to trial, in tlio ^',\>i place by erroneously 'j.lieging the defenduiit had been arrai_-ued at the previoiij Asisizes ; in the second place, when the rvcofi, oT il:c Tourt were loi;nd to contrridict his assertion, by deiiylnj' the rigin t«) ti?v<-'-;:3 altogether, tlie indictment l:avi.;g l^een 'biiijii nt "ihe preceding Assizes, and in the tliird oi.ice, by cnntovdin-x I'^at baviiic- omiued to traverse t!io ir.dictu'i^n: '••^':n iis arrai™ :;v.rnt as ihe proper tisue for so doi";.', i;.; cou'd n-^t br ;;o!n)i;;cd Xu ' ". 1' innisolfof (lie p;-;vili'^To siibs<'r;<;r",ily ; and tlui \"hi!e iKu iat- t:'r points \vi re '•till dcpen''in£' nnd undctorn^iiied, rhe nr.'Iclft for w!ii''!i h(3 was af'ev.\ v;.-ls ;r..'i^;ca u.iJ oc:. ,I>,:cJ ol liLel, wa^ pnl)li>licd. Ill amendment, IMr. Radenhtirst, second*'".! by Mr. D1-. kson, moves, that after the word " IM-iiliand," Ir tlie :,!'::'-n] rf'3'jb«- tiofi, ihe ien);iinf!(;r be rv^jiini^ed o»ii! ibo f ilo" laj- i'.isc; i.i. — •' uiid bt-'fre tlu^ same had op'^:-'. dcl'.iir.'.nf ;., x\.c i\-''u-\'- ^^r '.vhjch h'i was afterwanJ:-, uKiu'tci auci cji;vicle-d ox' liL^I ,.aa ptdjlished." Oa which tb:^ !:. a.so divided, and the Yeas and Nays wcro taken as i\-lb)ws: Yea3 — Messrs. Bcrczv, Rolhtine, Tlacklock, rMc'.r.on, Ew- ing, Fothergill, Eraser, Ilaiiiilion, Henders^oPj Kilbo'-", '-■■■ncr- If'y, McDonald, McLean, Morris, RadL-nluirst, l!-.ue.-0M, Sha- ver, Smith, Terry, Vvllkinson, and John VViI!.-,on — 2j. NaYS — Messrs. Baby, 3 udvvin, Urcv^-^ I?uell, Cawthrn, Dalton, Hopkins, Horr.oi', Ketchum, Lenerty, Lockv.-cod, Ly- ons, McCall, Mackenzie, Malcolni, Matlliews, ror'-y, Peterson, George Rolph, Joh-i Kulp'', Thomson, Ja.u'^s Wilson, and Woodr.tfr->2.3. Tho question was docided in tha negative by a n^ajority of two. In amendment to tho original question, Mr. Daltop, second- ed by Mr, McLean, moves, that the word "force" be expung- ed and the word *• bring'* inserted hi its place, and that aftor 'V i: 5G4 Cask oi l^ CoLMNa. tli« word " i'r;\ — IMoisis. livn/.y, Ui&Mv.c, Dickson, I'lithcrf^ill, llnni- iltoii, llnidcrson, Kilhdiii, ljiiii;lcy, !\l(L(«im, IMoiris, Jiiidcu- liurst, ^'.iiiisoii, V, ilkii!,-oii, :ii)(l J')li!.> \\ ilisoii — J i, T!ic quo:'!')!! \v:\s carried in ilm alVi.i i;iiiv(! by a in.ijorily of -sixtciMi, aiul llii; icsoluliuii a.j ;uiK'iidv;d \;ab (nit and <;ai- ried as followed : - ll.;.so!vcJ — 'I'll it I'rancis (.'olliis I)f'in<.>; iimltM- iirosoriitloii for the said alleged l:'j(d ciii Sir I'. .Maiiknid, Mr. Atloriicv (.lOiKM'iil Robinson, 'firing tlie said ('nnrl al Vork, endeavour- ed to briii:^ iiiin (o tritd, in l!i(( tirst pkire i)v erroneously sup- j>odn<,'anl aUeirliii,^ tint d::rL'ud:;nt iiad i>een arruij;iiiid at tlio jirevions avsi/,.!s ; in lii(> soi-o;!(l |)k-ir(\ wlion llio records ol" the Conii were loniid to tontradiLl lliis assertion, by diiiyinij the rii.,^!i'. to tr,ivc'i'sc aI;o^x.I)-r, ilie in lictiuciit liaviiii; been found at the preccdicj ass:.'.(.'.-> ; in tho third |)Iaco by conteiid- jiig th.it I'.aviii'^ oniit(.jd to liavoisc th^; kiJictrnont upon l.is arrai;riiiii. nt as fite proper tiir.e Jor so doioLS he could not l'f« permitted to avad hims-il" of iIk; privilei;o siiljsecjuently ; and ihnt while tlio lau«;i' points wore still dt'pi!niJin'.if, and niideter- mlnod, lilt; ar'.icL' for \v!iioh Ik; wa> ai'lcrwards indicted and tons'icte I of lib d vv.ii piihlislied. The tonr.h ios(;!ution was carried in-m, con. — as follows: Jiosolved — That ilie dociiinr;:t marked (\ is a copy of lite indictmo;it nnon wlii:.li the said I'lancis Cohins was tiiid, convicii'd, an.l pnnished. Present — ."Messrs. Jla'oy, Caldwin, Bert /.y, "cdinne, Dlack- lock, Uroase, Hnell, ('.iwilua, Daltoii, Dickson, Kwiiii', Fo- ihorgill, Fr iser, I'.r.ivlten, Henderson, Hopkins, IJornoi, Kc'ichino, Kilborn, LelTerty, Lo'i^ley, Lockwood, Ly»iis, I\lc- liean, Mct'a!!, McDonald, Mackonzii', JMhIcoIid, IVIatthows, Morris, l^-rry, T. t-^rs;)!!, (.'>. ii.>lpl;, .U;'.::i iiulid:, Jt:' > uliir-" Samson, ^liavor. .Sim!''', Te/i-y, 'J^lami^on. John Wil!;;on, Wilkinson, James Wilson, and W'oodi off — 44. Tlie fii''!! rosehilion w;'s liii.ii pat as f)llo\v.; : Resolvofi — I'hat the S-lecL Coi!^:"iMeo ol" t!ie Imperial House of Co.".iniuns upon Csinada ailairs, urged in the niosi es- pecial manner '.^p'Mi Jlis iMajcsty's CJovcrniiient, that a atrict. Cx^U av F. CoLLTVf. 3C5 1 isoi'lcd ~ J13'3 Wi'KJ (;, liucll, KctclniKi, iirkf'h/.'i', I'll, Joint il.toii, iiiid ^ill, Uniii- is, Kiiclcu- nvijoiily uial cui- i-oscriitloii Ar.tinii'V ikUnivoih'- oiisly su|»- ilmI at tiie •t'cords ol' y di'iiyitifj contt-iiil- Vipon I: in uld not I'c l!y :, and iiiidetcr- ctcd .'Hid t'ollov;^; : )y of till- was tii^d, \viiip, I'O- Ilornor, vf ns, iNlc- Mattlunv-S V/il!-oti, Imperial lat li s-tricC and instant enquiry sliould tako pl«ro into all ttio circuinstan- oos attending tlie pro'lo deviation froaj the matter of record, and a forced conatrnc- lion of lanjjnage, contrary to the ends of fair and dispassion- ao justice. Tn ainrndmont, Mr. Dickson socnnded by Mr. Rudenhursf, moves, that all the words bo e.\[)unged after "Jury" in the ori- giiiiil resolution. On which the Floiise diviJ«;d and tho yeas and nnys wore t.ikrn as follows : Voas — Messrs. Attorney General, Berczy, Beihune, DI< ':- rnn, Frasor, HondcrsfMi, Morris, lladrnhursf, Sar.ison, Ter!", and .IoIm WliU'v,— !!, %'.iy; — M..s,|<. i>;iii\, l>,T'!U'iM. 1!!nf ki(T('!c, I3rOl.l?e, IJli'", C".vt'Mi-;', ijiiU'Ut, lv>v!ii. , I'-lh^i-'/ill, il-inifhon, Hop.kin;- I' -:,•!!•. iv-nclmii, IvMin-.-i), [.nfliTtv, LockwoTd, Lvons, Mr, ('.", MrlVvr;M. ?.!:. ic'lli^ir. M,i:,-;)lin, iMn^tliCV^, Pc TV, !';'»! ix;.-!, <(. l?()ir'i. J. Roi[)'i, Sli^w f, SmiJj, Tlionr.rH;. '♦'. i''.li;'M--i. .! >n""> '^\"I's()!i, niyl Vv'nrujrnn' — 82. '•"i ■ qiif^-'.i'fi was d'-'ci^k-d in the up'ja'ive by a majoritj' of C3 11 '.f, f p 360 Case of F. Colliivs. i ons, '^.IcCa'l, McDonald, Mackenzie, Malrolm, Matthews, Perry, Peterson, J. Rolph, G. Rolph, Shnvor, Smith, Thomson, Wilkinson, James Wilson, and Woodruff— 29. Nays — Messrs. Berczy, Beihuno, Ewing, Fraser, Hender- son, Longlev, McLean, Morri.-?, Samson, Terry, and John WiUson— 11. The qnesti'>n was carried in the affirmative by a majority Qf eighteen, and it was Resolved — That the document marked D, according to the evidence of those who took down iiis words, contains a truo report of material parts of the charge delivered by Mr. Jus- titio y'lcrwood to the Jury; which charge was an unwarrant- able deviation from the matter of record, ».nd a forced con- struction of language, contrary to the ends of fair and dispas- sioniUe justice, T'.io scventli resolution was then put as follows ; Resolved — That ?vTr. Justice Hagtrman, who was one of the persons alleged on the record to be libelled, refused to receive the verdict as first tendered by the Jury, viz : "guilty of libel against the Attorney General only" — and directed them to find a general verdict of guilty — with which direction the Jury complied, whereby the defendant was made to ap- pear on record guilty of charges of which the Jury had ac- quitted him ; and whereby false grounds were afforded upon the record for an oppressive and unwarrantable sentence. On which the House divided, and tiie yeas and nays were taken as follows : Yeas — Messrs. Baby, Baldwin, Blocklock, Brouse, Bucll, Cawthra, Dalton, Ewing, Fothergiii, Hopkins, Hornor, Ketch- urn, Lockwood, Lyons, McCail, McDonald, Mackenzie, Mal- colm, Matthews, l*orry, Peterson, G. I^olpli, J. Uolph, Shaver, Smith, Thomson, James Wilson, and Wootlrutf — 28. Nays — Mess.-";?. Berc/.y, Bethune, Fraser, Hamilton, Hen- derson, Loniihiy, McLea i, Morris, Terry, Wilkinson, and John Willson— 11. The question war. carried in the alTii .native bv a majority of 17 The eightli resolution was tlirn put as follows : Resolved — That it appears from the appended copy of tli* letter of Judge Shorsvood to His Excellency (marked E), thai Case oi- F. Collins. J567 d the ylas tusc, BucII, , Hornor, Vlackenzio, G. Rolph, Alson, and r, rientlcr- and John a majority ding to th« ains a true y Mr. Jus- unwarrant- orced con- md dispas- ivas one of refused to z : "guilty id directed h direction ade to ap- ry had ac- )rded upon tence. nays were use, Bucll, lOr, Ketcli- n/.ie, Mal- )h, Shaver, 8. lion, Ilen- inson, and i majority opv of tl''* d E), that Mr. Justice Hagerman alleged on tlio record to be libciledj did concern himself, with Mr. Justice Sherwood, in measuring tha punishment of tlie defendant, thereby, wiihoutnecessity for it, furtlier violating the rule, tiiut u man shall not be a Judge ia his own casC;. On which the House divided, and the yeas and nays were taken as follows : Yeas — Messrs. Bdby, B.ildwin, Blackiock, Drouse, Buell, Cawthra, Dalton, E\vin<]j, Fothercill, Hopkins, II ornor, Ketch- urn, Lefferty, Lockwood, Lyons, McCall, McDonald, Mac- konzio, Malcolm, Matthews, Porr}'^, Peterson, George Ko!pli, John Roljjh, Shaver, Smith, Thomson, James WJlson, and Wooflrun--29, Nays — Messrs. Berczy, Bethunn, Frascr, Hamilton, Hen- derson, Lons[ley, iMcLcan, Morris, Terry, Wilkinson, and John WiUson— 11. Tlie question was carried in the afiirniativo by a majority of eighteen. The ninth resolution was then put as follows : Resolved — That from the hingut'!icli, and stand commit- ted till all those conditions should h« conii)lied with" is, consi- dering the stale of the Province m.ii circumstances of the de- fendant, shamefully disproportioned to his>"frence — suhversive of the fieedo;»i of tho press, under pretence of correcting its excesses, and dcsiraolivu of the liberty of the subject, under [)retence of punishing an offender. 0.1 vvliich the House divided, and the yoas and nays \ver« takoii as fuilovvs ; Y('as--i\Iessrs. Bal.y, Baldwin, I3orc/,y, Blacklock, Hrousp, n-ucl!, Cav.thra, Dallou, Ewing, FothergiP, Frascr, llainiltun, Meiidersoi), Hojikins, llornor, Kelchurn, Kilburn, Leflerty, Jjockwood, Lonyley, Lyons, McCall, McDonald, Mackenzie, Malcolm, Matthews, Morris, Perry, Peterson, George Hoij.li, Johii fvolph, Shaver, Smith, Terry, I'lionison, ^Vi!kinson, Johsi Wilison, James Wilson, and \VoodruU — 39. Nays — Messrs. Bethune, McLean, and Samson — 3. The question was carriijd in tiie afiiiuiaiive iuy a majority of t'nirty six. The eleventh resolutioti was then put as follows : Resolved — That from the slate of this Province and the circumstancss of the said Francis Collins, the exorbitant and oiipnjssive bail required from him, leaves him no other alterna- tive than perpetual impri soiiment or the abandonment of ilio y:ress by which he maintains liinibclf and a wife with an infant family. Ou which the House divided, and the yeas and nays wero taken as follows : Yeas — Messrs. Baby, BaMwIli, Bficzy, Blacklock, Brouse, Cawihra, Dalton, Dickson, F.wing, Fuiher':!!!, Fraser, Ham- ilton, IIend(;'rsou, Iiopkins, IJornor, KGlchuiu, Kilboi'i, Lcl- feriy, Lockwood, Loui;lt.'y, Lyons, McCail, McDonald, Mac- kenzie, Malcolm, Matthews, Morris, Perry, Peterson, (.Jcoii'O Rolph, Jo\n ilolph. Shaver, Smith, Terry, Thomson. Will.iii- suM, John VVillaoii, Jarju;.s Wilso.'i, and VvoodiuiV — 39. JSsys — Messrs. Bethuiie, Buell, McLean, and Samson — 4. Tiie question was carried in tlie afiiiniative by a uiiijoriiy of thirt\-fivc. 'J'he twelfth Rrst)hition whs flir-n put and rnrrird jujp. r.rrr. Procnt — Mci.Mi. Baby, Uaj«.U\iii, Berc7y, Bcliiune, jjl.ick- Case of F. Collins. 309 I) Francis ujprisoiicd 1 securities cars, liim- d cuminit- ' is, consi- ot* the de- subversive lettiijg it* tct, under nays \ver« 1<, Broime, Uaiiiilidn, , Leflerty, lackeiizie, •ge Kui|.li, iVjlkinson, ■■3. uajority of D and tlie bitaiit and L'r alteni;!- I'lit of liio un iiifunt nays were k, Brouse, er, Mam* ()!'), Lci- a!d, IViai- n, Cuoigo i, W ill. ill - nisoii — 4. iDjijuriiy turn. err. it', IJiiick- lock, Brouse, Buell, Cawthra, Daltoii, Dickson, Ewing, Foth- ergill, F'raser, Hamilton, Henderson, Hopkins, Horner, Ketcli- uni, Kilborn, LelVerty, Longley, Lockwuod, Lyons, iVIcCall, McDonald, Mackenzie, Malcolm, Mattliews, McLean, Morris, Perry, Peterson, G. llolpb, J. Roiph, Samson, Shaver, Smith, Terry, Thomson, John Willson, Wilkinson, James Wilson &, W^oodrufl", — And it was Resolved., TliHt the document marked F. is a true copy of the Address of this House to His Excellency, with the Yeas and Nays upon the passing thereof — praying for the pardon of Francis Collins and of the answer of His Excellency to thu ' ■ V My same. The thirteenth Resolution was then put and carried wcwi. con. Present — Messrs. Baby, Baldwin, Berczy, Bethune, Black- Idck, Brouse, Buell, Cawthra, Dalton, Dickson, Ewing, Foth- e» ^', Eraser, Hamilton, Henderson, Hopkins, Hornor, Ketch- urn, Kilborn, Leflerty, Lockwood, Longley, Lyons, JVlcCall, McDonald, Mackenzie, JMalcolm, Matthews, McLean, Morris, Perry, Peterson, George Rolph, John Roiph, Samson, Shaver, Smith, Terry, Thomson, Wilkinson, John Willson, J as. Wil- son, and Woodruff. — And it was Resolved, T.'iat wlieii the said application from this Houso was made to His Excellency for the pardon of the said Collinc, lie had been about thrvu months in gaol. Tlie fourteenth Resolution was then put as follows: Resolved, Tl»at the doctrine laid down in the letter of Judge Sherwood, viz: that the extent of punishment should be such as will in all human probability prevent the recurrence of tho offence — and that any thing short of it would be nugatory, and have an c:l. < t contrary to the ends proposed by all punish- ment — it K . i 'injust and imperfect view of such a question, dangen Us n iiMJoe entrusted with tho administration of the criminal jusr :■ of this country, itnd calculated to render the criminal law, so administered, a scotirge to tho comnuinity. On which the House divided, and thu Yeas and Nays were taken as follows : YcAS — iMessrs. Baby, Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Dickson, Fothergill, Hopkins, Hornor, Ketchum, Kilborn, Leilbrty, Lockwood, Lyond, McCall, Mc- Donald, Mackenzie, Malcolm, Matthews, Perry, Peterson, G. Ritlph, John Rolph, Sliaver, Smith, Terry, Thomson, James Wilson, and Woodruff — 31. Nays — iMessrs. Berczy, Bethune, Hamilton, Henderson, I^oMgley, McLean, Morris, Samson, Wilkinson, and Jolm Willson— 10. The (|uestion uus carried in the affirmative by a majority nf t. vent) -one. in Case of F. Collins. ■ *the Bfieenth Resoluion vas then put as follows : Rtiolved, Tliat it is incoriEistent with the liberty of thtf press, that a person should, before conviction, be called upon to find bell for good behaviour, tipon so inflefmite an offence as libel, and that the law under which such proceeding is justified in this Province, is well objected to by Lord Ashburton in the following terms — "I never heard till very lately, that Attor- •*l»»es General uj>on the caption of a man supposed a libeller, " Cddd insi.^t on his givinjj securities for his good behaviour. ** It M ft doctrine injuiiouj to the freedom of every subject, •* dePftgatory from tiie old cojjstilution, and a violent attack if *' not an fibsolute b,eacli of the liberty of tlie press. It is not •* law, and I will njt submit to if," On which the House divided, and the Yoas and Nays were taken as follows ; Yeas — Messi.s. Daby, Baldwin, Blacklock, Brousf?, Caw» ihra, Dalton, Dickson, Ewing, Fothcrgill, Henderson, Ilornor, Ketchnm, Kilborn, Lefitrty, Lockwood, Lyons, McCall, Mc- Danald, JMackenzie, Malcolm, Matthews, Perry, Peterson, G. Ri)lphi John Rolph, Shaver, Smith, Terry, Tliomson, James Wilson, Jolin VVillson, and Woodruff— 32. Nays — Messrs. Bethune, McLean, Morris, and Sanrson — 4. The question was carried in the affirmative by u majority of twenty-eight. "fho sixteenth Resolution was then put as follows : Resoloed, That an (earnest appeal be made to His Majesty fo relR.'i, in this case, the rigor of that law, which was made for the happiness and welfare of the people, who pray for its re- laxation, and that His Majesty be rcquesltd to lay these rc- siolntions and documents bc'fcro the Imperial Legislature. On which the House divided, and the Yeas and Nays wero taken as follows : Yeas — Messi*s. Baby, Baldwin, Blacklock, Bronse, Caw- thra, Dalton, Dickson, Ewing, Fothergill, Hopkins, Horror, Ketchnm, Kilborn, Lefferty, Lockwood, Lyons, McCall, Mc- Donald, Malcoini, Matthews, Mackc-'je, Perry, Peterson, G. Rolph, John Rolph, Siiaver, Smith, Terry, Thomson, James Wilson, and Woodruff- 3L Nays — Messrs. Attorney General, Berc/.y, Bethune, Fja- j»Rr, Hamilton, Henderson, Longley, Monis, Samson, and Wiikinson — 10. The question was carried in the affirmative by a majority *f twenty-one. Mr. Jolin T^oiph, Ecronded by Mr. Perr\, moves, that it In Resohedy That the honorable Mr. Justice Sherwood and thi; honorable Mr, Justice Hagrrman, were summoned to np"" Case of F. Cou-iif». 87t p««r before the Select Committeq of this IIouso appointed to enquire into the case of the said Francis Collins, and hav- ing appeared before the said Conanittee, and being made ac- quainted wiih the allegation of ilio petition, ^n opportunity was afforded them of oflTL-ring any explanation ; whiph op- portunity was declined by thera. Which wa-J carried. The Address to His Majesty was then road a second tim«w Mr. Perry, seconded by Captain Matthews, moves, that af- ter the word "dominions," i.i {ho Address to Ills Majesty, th^ following words be added, " and that Your Majesty will bn " graciously pleased to lay a copy of the resolutions and ac- " companying documents before Your Majesty's Parlianu>^i< " of the United Kingdom of Great Britaiu and Ireland," — Which was carried, and the Addro:-;. was concurred iu, 9nd ordered to be engrossed and read a third time tliis day. Thursday, l2th March, 1829. Agreeably to the order of tlio day, the Address tf> T!)« Ma- jesty in behalf of Francis Collins was read the third time. On the Quosiion for passini; the saaie, the House divided, and the Yeas and Nays were taken as follows : Yeas — Messrs. Baldwin, Blacklock, Btiell, Cawthra, Datfon, Ewing, Flornor, Ketchum, Kilborn, Lefierty, Lockwood, Ly- ons, McDonald, Mackenzie, Malcolm, Matthews, Perry, P«»- terson, John Rolph, Shaver, Smith, Thomson, James Wilson, and Woodrn(r~24. Nays — Messrs. Dickson, Henderson, Longley, 5Torris, Ra- denhurst, Samson, Terry, and Wilkinson — 8. The question was carried in the affirmative by a majority of sixteen, and the Address was signed and is as follows: To the King^s Most Excellent Majesty : MoBT Gracious Sovereign, t:KM I '1 ilo considerafion of tl)e Resolutions and Documents arcompa jylii',' this Addre.s-;, and humbly pray Your Majf-sty to '^xtont Friuris Collins tiie Royal Clemency, by remitting tb« rcsr lu' of his punishiUHnt— wliich act of mercy will be most M t( (1 " I "■■ — "■ reptable to the people of this Provinre, and be regarded by u« u% a fresh proof of Your Majesty's gracious disposition tO con- t.ilt fho wishes and happiness of Your pple in all parts of Your ample dominions — and that Your Majesty will be gr«- ek)U'b.'ct CoiTrr.itteo, consieMng of Mr. Jolm Rolph, Chairman, Captain Matlliews, and .Messrs. Randal, LefFiTtj', and Boardsloy, reported tlunt "Richard Loonard," tlien Sberifl' (and to wliom'tlie law bad entrusted a large di^crctiunury pavv.:r in tho sc. lection of Juror-s) " was present countcnan'-ing the party coininif- viiig t'.ie trespass,^' that «' both tlie Cro.vn Odloers wcro engig'd in defence of the persons guilty of tho oaM-ago," and that " it in clear that a person long in posscsiion of land, like the petitioner, might to have been (;jf;ctt.'d by the law of tiie land, which is ample, when impartially adtoiniatcrod, for securing the rights o( propprty, but the interference of the Military, by such acts of violence, for main, tainingBupposed cr contested rightF, is justly rrgardod with j^:. lousy in all free couu'ries, and oujht to be seriously regard'_'d in a Colony, v,'';iere'tl>o mo it unprecedented outrages Jiave been p.-rp'-- trated without pro.^ecuVon, and ovon followed by the patronage of the Jocal government upon the wrong doer.s." 0. Tiiat Mr. For?yth applied by petition to His Majesty, and that Mr. Mackenzie, a member of this Committee, at bis sp'jcial request, brouglit the atf lir under the immediate )iotice of the Colo- nial Department in 1832. IQ. That the House of Comninns addressed His Majesty in itg Session of J93.', and ngvin its Sor.sion of ]l8n3, for " Copy of thu " Reports of two eelert Committees to whom v, ere rnvpnlly referred •♦' pefitione addre«;7'^d .to the IIouso of Assembly of Upper Canada, *' in the Session of the Provinrinl IjOgislature, 1S08, complaiiiin:^or •' improper conduct on the part rf Cui)tni;i ooiir^tj r'i,iip(.tt8 of the •' Royal Engineers, and ot!;er wrongs, and of tlio administration of •' juslicp; with the evidence pltiiched to those Raports, as prwent- 1 I ni:poi'.T. iciWii to Iti-j um.sttinctig t'vm ri!'!!. o\>b\\n vc- ! Ilonao of (rinn iMnit. r sumtno'i.i IjifiitomiiH tlic Culo. "'urUaiiiijnt, o!;!i Ro'pli, ;'i rfT'Tly, and riff (and to r ill tlio s(?. ly coiriinit- 1 ongin"(] in ' it is clear ner, niinrht ipio, uhon *''t Vi"ty. Ijut 1" , for mi; II, i, with j.-r. arded in a con p.-'rpf'- Ltron.T|JO ot' josfy, and lis sp'-'cial 1 ftho Colo- sly in its I- opy of tli3 ly roft'ri'cd ?r Canada, plainiii;? of (,tt8 of the strafion of fl prtwent- » eil to l'i« House on tlio 24tli March, 1828, by Mr. Rol^ii and Mr, " Bearilsley, \vil)i llie proceptlings oftlio lloufro in the case of Co- " loneld Givins and Coffin, jieudd of D-'iartmcnts, who woro nont •' 1o {jnol for rofiisinu to jji ve tor'liuiony in the matter of Capt. I'liilJ- •• po!3, Ihvy fiovorally alleging lo the House lliat the Major Genera?, •« then commanding, would not permit them to attend, togotlior with •• the proccedincrs, ifai'y, wiiich have been liad thereon by [lis Majes- " ty's Government, or the local authorities." And that Mipso docn- mcnta were accordinj^ly transmitted by Ilia Exeellonry Sir John Colborne, aiid ordered to be printed by a rceoliition of the Com- ,mons lIoii.se of the Imperial Purlianu jit. lltli. Tiiat it appears on a rnt'er-^ncf? to the D.^spatcli of Pir Perog.-inc MaitLmd addrc.-ssod to Mr. Secretary lliiskib-soii, on the 2'JLh of March, lb28, that it contained a gross and nnwar. ranluble attack upon the rights, privileges and character of the Housa of Assembly, and a Cominiltce of its appointment, and that the Bccrocy of a confidential communication from the Lieutenant iJovarnor of this Colony was taken advantage of to slander and traduce the cliaracter of Mr. Forsyth to !iie sovereign, as " a per- ton noloiioBisly of indifi'jrcnt character." 12th. That tlie conduct of Sir Peregrine Maitlattd in t'l'^.'se prn- reedinga was justly condemned by Secretary Sir (Jeorgo Mtu'ray, fis appears by his despatch to Lienlenant Governor Sir J, Colbornn, .datcnl October 20Ji, 18J8, of fthioh a copy is horeti) annexed. 13:Ii. That it appears from Mr. Forsytli'n petition that Imrrasscd ns he had been by ilb.'g'il prQceodings and wearied with fruitlesa applications for redress, he eoncliid'-d to dispose of hid valuable nitate, for less than it was worth, and that no compen?ntion has bsen made him for the injuries he fustained by the ur.hiwful pro- ceedings taken againsl him by autliorily of t!iy late I,ientciiaiit Governor. 14th. That in a letter to Colonel Rowan, dated tii.-' 31 st of D.-> cember, lbn2, Chief .Tustico Rnbin?on, afi.er giving a description of Forsyth's K.sialp, adds that " Mr. ForEylli does not now orm. py any part of the prouert y in qnci^tion, bavins: Fo)d it to per.^ona who, I am convinced will never protend that tb.^y have a right to enclose the publi.? reservation to which he asserted a claim." 15th. That Me?..'rs. Clark and Street, the porsoni who puroJias- ed tlie projJCity fi-jui Mr. Foieylli liavc not only aaj^ertijd tii*>if i ¥1 rilCI'UUT. y rig'it to on.ilo.,.; it, Iml Iiavo al.^o suoucodoJ in obl;iiiuii^ a verdict t'oc a trodjuad ui;oii it. IfUii. T!iat it nppmM fr.iin f!io nccoiuit.'^ Hout; do'.vii to tlii< House tliiit £li7 (h. (>].l. Stt.-rliiij,', wero t)aiJ to tlio Attorney (i.>- ner.il last. yo;ir, out of I,in3 faiHli ruist'd by dulioj !'?v'''d under tiio Act llUi Vii'iri^i'' III. for " .'x,) "ksiV'S ii)ciirri;d by h";i in di-'I'onding two euiirf witli co.iU Hi iei'..ivni;.j lo Lho Military Rjicrvc near llio l-'iills of NngiiM." Your CoiTuni'tnf! nn"" ofdp'iro'i tlii^t t'lo pctil'onor Will'ain For- Bvtii Ivatli sii.taliK i fs'i'.'iU, i ,j;iiy ,it ilnj iiaii'.l ofSir P''ii^-jr;no Aliiil- land, and oibers ui;Li.ig u i'|i;r iii? a'llliority, wliilo U') coinmnndfd the Military force ?t'itionn.l in the Province; and that Iio id entitled to such coinp:'/i3ition tor tlio wrong-t uij:hj ii'. n, ■'•^ it nriy bo within llio power ofyo.'c-'-ninant to ;i!i'»ri|, and tl;cy rocoiiiuicnd, nd tin) proper courso to bo pi.ir.-!ii','d, t'lit an .Vdlro^g h(3 prosjatrd to th.i Licutejnant G)Vernor, rcq'ios'inir Jijs lf,\ccllciicy to brin<^ tlio cir- cumstances of the Petit ioiiors' ca-^c undi>r tite conjidorition of Ilii Majesty's Govornnionr, in order that that redresd and rcmunoratioi may bo affbrdod iiini, i'oc wiiioii hi) has so long, and hitherto, so lui. fucccssirii!ly npjdied. WM. L. xMACKWNZI^^ Chairman, T. n. y:()RR!SON, DAVID GIBSON, (JUARLHIJ W.VrRRS. Commiti^^- R'>nni, Honsp of yl.. ^ Piltiuon of W. ruusriii. lainiiaii. TIIUIl.-«I)AY I'Jth Makcii, IST). Tlin (Nimmiltoe met, and ilii; petiliou of Mr. rorsyth was itaj To the Jlnnorahlr fh" Commons Houne of Assemhlt/ in Provinciat J\ti'liumiut Assi tvlit'J. The VL'tiiiou of Will! (Ml Forsyth of licrtie, hi ihc Fourlh Riding; of Lincoln, ■\\,on»uii. HuMBliY BlIKWKTU : Tliat Yoiir I'ctitintiov. (in tlie sproml iii':t. rompl;iine(| !iy Mfinrtiial to Ilia il.'.cciifijcy Sir Julin Colboiue, in lliu I'ulluw- ing teinis : — fStatii!;; ilint in 1801 • 1 CWill'iini T'on;ylli) l)oi.4;lif from Willipin I)ii.l..s(Mi. I';s(|. Lot l.»i*, u'itli t'le IjioUcn (lont h.lwcv'n it iinti (lie Niwy;,ira Kivcr, iuljninini^ tl\fi l''ii!I^, .ilso oilier parts of Lots that iiad hecn iirantfd to one Francis Mlh". jith alioni ^^l years auo. Tiial in \6'S7 (Japfiiin Phillpotts, witli a iMilitary forct*, vii'lci t- ly and iitdawfiilly wrc ted from mo the valnalile strip of laiJ oti ho hijih bank and hrow of the hill near the F..l!s, the said I'hill- tta acting under tlie directi.i.» nf Sir I'erejrrino ALiii'aml, that my tiardciii and .Meadows wire twice tiirown open and my prowin^j; crops p'.ihiei^fed in waste, my JJiacUsmith's shop (h.'strnyed ami thrown over the hill — and that at least GO acres of growing crops were tiuire or less injured. That I went to law for my dainnc;cs and fo dtu i,l my title — had carious suece.-,s — was harras^ed many ways — injured in my (cir- cumstances — traduced in my character hy the Lieutenant tJover- r'lr — persecuted f jr the sake of my valuable estates which others were Jtnxious to obtain — and embarrassed i-i mv ' u^inf^ss because} ] had had tbrtitudo f) r'-sist (..\c-uti-e i; iurp'Uion — that thus fiitu- Hted I resolved to saeril:i.e the whole i'alls esiate to those who were more likely than my.elf M i i;tain eipial juytiec — and that I 'iid so at a price at least 6- 1'', ""0 less than its fair value to the |)rcsent owners who had no diiiiculty m o';iaiiiiiiir that justice iii th'5 premisjs which to mc (a marked Kia-i) had i,-e.i continually (iiMiied. 'I'hat your petitioner concluded his statement by prnyina; tliat the Executive (iovcrr.nicnt would comnensa'e him for ihe ii iu,-.- iice he had sustained — and received in reply an opinion sijjncd by tlie Attorney (ieneral referrinnf to the dociiiiiiMits printed bv order of ihe House of k'ommons LHih .luly l.'<-<3, ai'd afiimiin'; thit the government had not abandoned its cl:;i!n to the p-operiy m ques- tion, and that if It ajipeared expedient to the constitut^ujthorities it was his intention to proceed against Clark and Street '* by iluj inrorm Uion of intrusion." the Lieuienatit Governor in (Joiineil, at s:imc time, stated that the new proprietors were pliced in your pe- titioner's stead by his sale io iheiri. Your petitioner har, long; waiied for justice, and he refers to the "veral lawsuits he has been engaged in — to his humble petitions ';> your honorable house — to the very favorable reports made ois h EvIDENCt.. i ,v % W > tlicn; liy tljo lliree Scloct Comniiftcct of which John Rulph Esq. IJ. (y. iieudslcy Es^. and tlie latu Colonel lloiuor vreru Chair- men — to the alifiitioii paid to hia case by \he enquiries and Hd- drosses of ihc lIo:iotaljle ihu IloiHi^ of Coiumoiis — loth« evidenc* Oil the Jotunids of your llouorablo House bhewiiijj; tliat be haa hceu tlie victim of lavvle.ss outrage atid military violence — to hii Uieinorials to his Majesty — and to the niai'.y days he has passed iu atteiidatic! upcMi the Le;;^ih>l;Unre ur^ing itainlerposition iuhisca^c. Your petitioner has had his chai'actei traduced in the niojt in- decent ttruks l.y the late Lieutenant G{>vcrnor, in- his secret coni- in!Uun:Uii)iis to the Colonial Office ; yotu honorable houiif has also been gro.^Hly ndsreiirenerited to his .Majesty as a band of con>ipiia- to-rs, and ;\ report in your petitioners favor emanating from sonii of tlic mo.-i honored members of the I-ogislature was secretly de- noituced, lo our inost gracious Sovereiyn, by the then head of iho governujcnt here, as a (iroducliou " drawn iu Icrins uliieh fj,y<.\\.'\{y ihe rualiee of an individual or answer the temporary purpose of an unprincipled faction," nieuniUj^ your honorable house us it exial cd in the Ninth Parliament. Information as to the oulrage cornmilted at the Falls was with- ht;ld from your honorable house by the express commands of the Lieutenant (ioveinor, whoordtrt'.I his oflieers to distdiey th > BiUtumbns of the House, and to keep bacU tiie facts by whicli tho full extent of the atrocities practised by the ^Iditaiy band under Captain Phillpotts would have been exposed; and although Colo- nels Cofftn and Ijivens were imprisoned for contempt, the purpo- ees <»f the enemies of juslico wuie auswered, and cn'juiry w.issnio- thejcd. in order to slrii\y tenor into the i)resa and prevent u from exposiiiii; tlirsc hii^h handed acts, a presentment was maun against one of the I'iditors of this City for expressing his de.cs;;i- tjou of the cruelty which hati been practised towards your petition- er — and the llu-u durveynr (jlt ueral joined the enemies of inves- tigation by refusing to ol>ey the t»rder of the liousc or to give tbat evidence which would huvc clicked the lasts in your petitioner'* favor. Ycu-r petitioner comes before your iKmoraLle house as a mm marked out by the fu)ger of authority to be (>ppressed wiili impu- nity — and imnrbly and cariieslly inipIor(;s your assistance, so lh:i justice — lardy jtiiiico — may be done him, and the honor of tlm Crown and tlio rights of the subject (vn)lated as they have btcii in his person) duly secured, asserted aud maintaiu'^d. And your ptliiioneras iu duty buiuid will over pray. \V:.i. FOR;dYTIL iVia.'ara Falls Pavilion, Fel.iruary, IcD.!. I- rrllcoj, 20ih J fan It, LSlI.;. ROBERT S. JAMCSOX, K^i., Arru.vr.Y Gk.nkkal, culUd i* u,ui ejuaniiitu Mr For»yt!i ot" Borlif^ lute t;;.3 propiietor uf the Niagara Fail.* Tavi :on. lla U j-Jo^; li.iun^ I;. at EviDExci:, r« Chair- :s and ad- 1 eviilenc* 1 Kit he haa 1 :e — to hi* piissed ill i< iihiscivic. =^: i mojl iii- ■'."*' ' eret coin- it- has also coiispiia- ¥ roin sonii a*' cietly de- i lead ut" iha ich <;iatily i )O.SC ul' tilt a:j it c.\ial was with- -4" jiiiiauds ot° lisidx'y ihvt which ihs liiiid under u^'h Colu- the purpo- y was snio- prcvent it was maila lis de.cslii- n pciiliuii- ut iiives- o give tliat )etitioiici'i e as a mnii iviili inipu- Cf, so l!l:' )nor of tliB havs btcii YTIL r, 1835. :,, calUd 14 rtL'ar.i Full J t - •1^15,000 have been lost to him in the sale of the Falls Estate, by tiie opposition made to his claim to a certain part of that Estate by tlie Exociitivo fiovcrnment, which claim hap, ho saya, been nban- doned by it, sinco he sold to Messrs. Clark and Street. What information can you aftbrd this Committee concerning his claim for redress ? — Answer. — Most of the circumstances to which Mr. Forsyth al- ludes took place before lay arrival in this Province, and arc Jjiail- ed in llie documents appon Jcdto his petition now before me. With regard to the matters within my own knowledge relating to Mr. Forsytii'a case, I cannot convey the information required of me by tile Committee more succinctly than by putting in an exLract from the remarks made by me (4th Feb.^ upon Mr. Forsyth's petition to His Excellency, v.Iiich he has partly s.^t out in the one subseoncnt- ly presented to the House of Assembly, and which is now bcforu tlie Committee ; my opinions upon the subject being the same aa when those remarks were written. Tiie Petitioner, in allogintj that " the private Company'' (to whom lie states that he iiad sold iiis property ai the Falls » f Niajrnra) *' found little d tliouUy in obtaining from the Government that jus- tico vvliich had bjen continually denied to him," is evidently Lr.dcr a total misappvchenaion. He seems to suppose that the Goveru- mnnt haa abatulonod to Messrs. Clark and Street that which it sav- ed for the publu- from the intrusive appropriation of Mr, Forr.ytii himself. It is true that after having been by two vtrdictr^r and judgments of the Court of King's Bench, decided to be a public ^e^?erve, fllessra. Clirk and Street, the present proprietors of t.';e land adjoiniii;:^, succeeded last year in obtaining a verdict for c trespass upon iluit small piece of ground on tlio Bunk of the Riv^r opposite the Fa!':, wiiioli vvaa in 175)3 specially reserved in the I'iitent to Elswortli ; but that verdict war, set aside hy the Court of King's Bench, as being contrary to evidence. Wlien this action of tiospass came on to be re-tried at the last Niagara Aseircs, the principal, and in fact the only important witness for the defence, the Surveyor, who orijjiii^iHy laid out tlie reserve, before the adjoin- ing land was granted, did not obey Hie eubpoana ; he being, aa he afterwards explained, just recovering from a dangerous sickness, aiiu as the Judg'e at Nisi Prius did not. tliink it riglit to accede to my application to allow t::e case to stand ovi r for a few days until he could attend, no evidence was oficred. The verdict however in this personal ac ion 1 considered as comparativjly of little import- anf;c, since a, suit was at that moment pending on tiie part nf tlio cTown against Chirk and Street which wouhl liave roncl'isively settled the title to the land, and which then Ftood lor trial, b >:. from the absence of tlie wiinetss stiove m- titiuncd the record '.vio ' >r tiio present withdrawn. So far from entertaining any doubt as lo tl.a rigiit of tiie crown to the reserve in question, I am convinced tiiu': the claim now t^ot up by Clark and Gireet is an n.iriirhleoni! one ; and unless it ehould be considered by the Executive Government, for any reason not at present apparent, to beincKcodient, it is my intention to proceed a^inet llioee gentlemen by the infor- mation of intrusion, which 1 was, for the re«*on I liave just atated, obliged to withdraw. The Committee will observo thertifore that m 4 £vji>*.N( ic. tli8 gcvernmsnt has not abandoned tlie claim sir.co tlio sala oi° tiiA property tc MrSars. Clark and Street; Itiit on th^ contrnry hns cx- prcasly sanctioned tiie procp'-sdintrs adopted for the vindication of what it conceives to be tlio npflit of the public to the regervod claim on the top of the hank opposite to the Fulls of Niagara, which the goveitiment is desirous to keep open as an approach to tbevitivv of t!ie Fuils. GILBERT McMICKlNG, Esq., M. V. P. fok I.incoi,:!, called in and examined. Committpo complaining of airfir;! Falls, by Captain lat Iransac- A petition has been rfr-^viocl to this Cor Kfat wronTj" dono to Mr. Forpytii of the Ni..y.w,i * u...^, ^} x^n,..., lilpotts and the Military. — Wiiat do you know of that Iranst tioni — \ gross outrage was pnrpot.r~*.'jd in defiance of the hiw? — it CiT.a. •• .ciy frrcit (excitement in the country, hut no JMsfico hus been obtained against ti>e partita — the transaction has placed th« judiciary authority of tins Province not above suj5picion. ft DAVID THORBIJRN, Ekq , M.r.P. foe the Fat.ls of Niagara RiDiNO OF THE Cor.NTY OF LiNcoi.N, caliid in and cxannmd. You prosG.itod a petition to the Hnusc from Mr. Forsyth, the latt* cwner of the Niagara. Falls Pavi'ion, romplaininjj t!mt he had fus. tainod rd, anti ih'; otliT Townsljip'u on tho T'iver Niagara, as well as some other parts of iliis Piovince, -vie purveyed and laid out into lots Lefuretjie division of the Province of Quebec into Upper ami Lowrr (_'an;iili. some time I.;'tween tho year." IV'j.j I'iJ. I'-'lJ, and wuile (.Jejieral iiiiluimand auniini^tert-J the Government of Can ;da. In laying out thj lands on the Liver ?.'::i',:ara, a resfervatioa of n Cliaiu iu widtii ((>J feet) was mada iilon'' tp,e to ip of tl partly. I thialt, with a vi«w to the MiU- i III li 11 6 HOiN. J. B. Robinson. tary defence of the Province, and partly for the purpose of presciv- iog a convenient coniniuiiicaiion. The River, which iti many places is of very moderate width, constitutes a boundary between us and the United States of Ame- rica ; and it no doubt occurred to the government that in the event of war, it might be necessary to construct batteries and other works upon the bank to repel invasion, or to command the pas- sage of the river. In the war whicii occurred in 181^, baltciics were in fact constructed at numerous points along the river. In more recent surveys, made under the authority of the gov- ernment of Upper Canada, it has been thought obviously proper for other reasons, and indspondently of these considerations, to reserve to the Cr iwn, for the public convenience, the space of a chain along rivers and other waters of far less iuiportaiice than the Niagara; sucli a reservation, by preserving the land open, af- fords to all peisoijs acccsH to the water without trespassing upon the lands of privuc proprietors. After General oiuicot; assumed the government of Ujiper Cana- da as asi-j-arai ■ Province, (in the year I7i>2) the particular publiu reservations wL'ch had been made along the Niagara river, in the original surveys were designated, and reported to him by the riiir veyor who had made those surveys under tiie aiithorijy of llio Government. Among these, (for there were others at iiarticniar points) was the general reservation I have mentloi.cd, of one chain from the top of the bank along the River Niagara. The Letters Patent afterwarils issued by the i'l. viticial Govern- ment to the several fr'*nT:'.;cs specified this rr'fcrv^rJon or excejUion. It was matter perfectly tirtorioiis and well mukrslcod, and no doubt or difficulty, that I have heard oi', ever arose upon tie siilijci.t for nearly forty years, and until Mr. Forsyth in the year 182(5 d- IS'i?, took upon liimseif to inclose with a high post and rail fence, the allowance or reservation of one oisaiu along rhe bank of the river in front, of his own lands; and the effect of making this inciosnre in the place ur.d manner in which it was made, was to exclude the public from accc- ; !o thp orrat natural curiosity, the Falls of Nia- ffara, except such pcr^oud ;h iit: iiiij^liL p ;!i:i» to go through hin house or premises to the bank of the river. Mr. Forsyth kept the principal Inn at that time at the Falls, and owned tlin ff'joinini,' laiids for n long distance along t!:e river, including those points U which all strangers resort to view "the Caiarnct. The public were annoyed at this act of Air. Forsy?hV, and applied by petition to the Lieutenant Governor for redieps. This petition I have seen, it was signed by the most rcppcciable inhcbitants of the country, and \ think the Lieutenant Governor was repeatedly applied to, and the necessity urged upon him of i.aving thi'' untm- thorised obstruction removed. I have now in my possession the statements made on oath and preferred to the Lieutenant Governor by the keeper of an hotel in the vicinity, complaining of the op- ?res8ive consequences to him of tho VLXalious ueurpation by Mr. 'oreylh. The reservation of a chain along the river, had, it sectuF, been commonly regarded as made i'ot military purposes rather than for civil, and looking; npon it in fiiat light, as I euppose Sir Percgrin-J Hon. J. B. RociNsox. i'piescrv- te widili, s of Aiiic- I tlic event and othci' (1 I he p;is- , biiltciicsi ivcr. r the gov- sly proper rations, to s])acc ot ;i iance thiiii 1 open, ai- ising uiioti ipor Cana- liar public ver, in the ly the rinr ri;y of the p:utieular I" one chain al Govcrn- [ excei>tion. )d, oud no su!;Jei.'t lor i() cr 13'27. fence, t!ie 10 river iii closure in \chido the is of Nia- roiigli hin th kepi tiie p.djoinin^' le po;nls ij nd applied is pi'titioii bitants of repeatedly thi'' u.nun- scssion the t Governor of liie op. ion l»y Mr. }cmF, been er than for Pcrrgrin-i in Maitland, who then resided in the District of Niagara, and within a few miles of the reserve in (piestion, and w)io was then Major Gen- eral commanding, referred to the Engineer officer in charge in that district, and instructed him to see that tlie rpacc was kept open, as it had been, and as it ought to ho. Tiiis cflic'T, Captain Fhilipotte, atler Mr. Forsyth had been requested in, vain to remove his fence, thouglit himself bound by his instrnctions to see that it wan remov- ed, and taking a small party of soldiers in their hiti<,iie dross, he did, in tho presence of Mr. Forsyth, cut or pull down the fence, and throw open the land again to tlie puhlic ; and he also pulled down and removed u small blacksmith's shop, made of board.--, which had been placed on the reserve. No force was necessary tor overcom- ing any personal resi.-taiic., for none was made. To prevent thct possibility of encroaching upon Mr. Forsyth's pronorty. Captain Phillpotts procured the attendance of a Mr. Jones, the very samo Bworn Surveyor who had made the original official survey of tho ground nearly forty years before, and it was of the land marked out by him as the public reservation that possession was taken. It ap- pears also, that to prevent a mis-sfatcment of his jireceedinge, Cap- tain Phillpotts had requested the Sheriff of the District, who lives near the premisep, to be present and observe what was done. Tho Sheriff did attend, but took no part. Tiie soldiers, in obedience to their orders, pulled down the fence; and Mr. Forsyth, who was present, remonstrated and declared that he would prosecute for ihia trespass, as he called it, upon his property. Tiie pickets and other jnaterials not having been removed from the grniii;d, Mr. Forsyth soon afterwards set up the fence again, and excluded the public aa before ; and Captain Philpolts again took it down, and with no ad- ditional circumstance of force, and no more direct resistance on tho part of 3Ir. Forsyth. For these two acts, Mr. Forsyth brouglit civil neliotiF, one against the Sheriff and Captain Phillpotts jointly, for tlie firpt removal of the fence and building, and the other agaiiit^t Captain riiillpoffs alone for the second removal r.f the fence. (,^aptain Phillpotts re. ported to Sir Peregrine Maitland, that he had been ll.us prosecuted for acts done in obedieiiceto the orders he had received, and I, be- ing the Attorney General at tho time, was instructed to defend those suits, and to lake the necessary measures fur viiuhcating the right of the Crown. My first knowledge of the circumstances I have detailed above, was acquired after I had been so instructed, and 1 relate tiie facta from my recollection of llie evidence given afterwards upon the trial. I pleaded specially to the actions, in such a manner as to bring in issue the right of the Ciown to the r^juceof land in question, Mr. Forsyth took issue on that right, not relying upon or ap«crting in his pleadings that any unwarrantable or exce£.«ivc violence had been used, or any wrong committed in case the land was the property of the Crown, hut siinjily denying that fact, and asserting tiie property to be his. To set that point at rest in the most formal manner, I filed an information of intrusion against him on the part of tho Crown, for his act in taking possession after the removal of his fence, and to this information he pleaded not guilty. Thus in thr^'c Beveral actions or cases, the opportunity was afforded of trying thrt Mi ' (("ibiiilil IVllil I i •m question by juries of the country. It was fully investigated, and t Hon. J. B. Roci.NSOx. UDOn the clenrcct t- .sfimony (li.'oiJed nj,'ainst Afr. Forsyth's prefen- *ian3. lie tiiiUnl in his action aifalii^a (Jtiptuiii i'iiillpults and liia Sheriff, and a vrrdiot u-is n.rid .;rfd it^'aiust liiiu oa the ihibrmalinn cf insrusion. IJpoi lliid verdict, jtid/j-uient wtis etilevod, and a writ 6t' anwvfiis rnanus .sued out and exi ciitf d. r^a-n '.!i'! tr;its ho mnliu taiui'd liirf pr'-ieiiMions to the vioiiiids iiiciovcd, hy K'vnig a particular constiuctiuji to llie wordd "iop ot' li.c hank," and endvavuiiring to epply tiicin to t!io top ot' the A/wer luinli, co'.ilininjf the river at ni» iniiccessihic point, and to wliicii Juwcr bank no person cculd pnss from \vlial is actually ihe "(op of the hunk," and more cspecialiy ttftor he liad inoiusou tiie space in (pif,'.5t;on. 'I'his construction, repuo^tiant to reuson, was cliai'y ropc!h:d by various proofs', and especially by tlie cvideM.ce of the veiy survey- or, rUill livwig, wlio laid out tho fffound in ilio yoar 178G, who waj ejCLirniUcd as a witness at the Irial. and s^'liose explai'.ationa wcru confirniod hy a survey recently laaJa by another niodt roBpoctablc iurveyor. It watj prowd that tlie linrtj oi" tlie !uis, ss originally marked out, were never proJuc.'d further than within ono cli;iiii ol iLe \u;^'\ baiuc.or coincienceuient of tho Tnhleland ; and moreover tiie actUii! contentd of t!u' lotj themselve:!, iurni.-licd iiitenuil evi- dence of this fact. 1 iiave al,-;o in my po.vjcfioon l!io fvidenc' on allidavir. ot a man citili livinjf, w!:o wms ciiuin bearer on tho original survey, Iwiii of unoiher respectable inhabitant oflhe Pioyince, wIio was residing hi Stanifoid at tii.i time. This au-l.tonal testimcny I became aci.idcn(al'y aware of ^ince the trials, and Lhcy arc col- cia:jive US it sceiiij to hi", up.:;i li.e point al ic:-uo. [l was ul.de \vs action s-ain.-^t (.';i,.taia l*',i!';'ct!s and tho S.'icr- iff w;i.i pending, and a few nioriiii.^ heiivro it w.u> tn he tried, that ]*.«.. Fwrsytli made these fctatiinent-j !o liie .^^oerilhly, the natural I ffvict 'w!iiv.'l» would ho to elicit a discnttfion calculated to ir flame il.e p.u.l... n\;n(i, by e;;ciUi:j;' a j'.'al'.uoy of military interference, and fiJui ih'.-J * .M.".. .ii'Tit lie jjii>ijabiy expected an advanto^^e in his roatcrit \7;ili ci.e yfov-e;- miciit npon tI;.' (piestioii of right. His pe- tition v.'as cnt.'itatncd arid rel(.rred to aseh ■,;1 i'ommi'.t'.'e, uho re- ceived Eiich fv.du.'.ce as they choi-e, and made the report npon it, which apno:!r:3 iipon their jcurnald, Jt will be seen tluit this rep;;rt wa.- lji-e',!^Iit in at ;!ic ele-i! of the t>er:i;ion ; i''.> qiKS'ion U|:on i'.'< rcctpt.oa WHS ever moved in thii'. hedy. nor were the opaiioiis ex- pressed on it mad.; the sulj;et i:!'iii.-cu.-;.aon ej- \ote. It iiua- tin re- for'j no ot'ier Enaction than ihe epaiior. vl il:-^ Coir.nrtite upon aa cx/.cir/e hearing'; and if I am entitled to a.^siime !!;".t tr;iHi must ha rcgard.'d in a Lef^.-hirivi^ body, I inny vt ntuio lo atsert ti;,'.t such a report could n.'-.t h.'iv:; been ii [.proved if it iiad been made the rub- jQct of op Ml di.-^c!! son. Li the lace of wlialover aUcmptd were inadu by tiio pctitio:ier to excite prtjiulice, the j'lry camu to the conohidion I hav.> sNited. The not; s taken of the evidence by the Jud'^'c wiio pr^isided at l!,v trial have ?;■ ■:■', y^-Jia'dj b-cn prcurved by iu(ii,and a copy liiig!.!, he procUicd, if fjr any purjioce it ehoulj bo ds.:.sircd. I vv'll add farthr.T, that no rxccpfien to the verdict of the jury was attcmprcd to bo raided hy ?ir. For. ytii — n:j nev/ trial was mov- ed for. Ill the four yeaiK tlait havvi elapr-ed pince, I do net rtcci- kct ♦hilt i:; r!,.; L"^"r'j.i;re r>; f l.rcwhcre, t!)"? ?i.'.bjrct hP-S c.KC-tci ■ HoX. J. r>. MoULNsivjN', any iiib^r.^'Bt. Mr. Fiir-^vlli iIo'h not u(y,v ox<\ f\<\y |i?vf. ui'i'i- p/'o- perty ii> rjnj-iiioi, 'I'^t/.j^ S'ud it L'l 'pcri'nis who, I s to n / ; y iitorFer'nc^, I think it wn;i!'l lip d iricult to find, ii) ITi'; M-i,' ■•y'^ sirvir", an on'Mor ]'^s'^ opnii to tivi im,)ii;;nioM 'if "r'.if^'.r / .'.^ ■ 'iuc', and a disri^^iipl oi'<;ivil n^rlitninaii .Sii-Forii2;rin<-' Mniilaiid. When ho took lh'> (t'.op o'l'iiplaiji^d of, !io wip donlitlf'ss pti'.}ic'<">ntly !i'.v:iro how oary it ip, iti acorta-ii toinpor of liioii's n:ind'. to iu\ko a trif- lin^j matter tli.vcause ofuii unjii'^t cXiNicns'nt ; oii'! hud lu; tJio'ijjht of iiothin;^ but his own pmsi^, lio \vr.;ild pr..!iiMy Iiavo di .linoii ^iv- inij iny dir'!Ctio:i to t'lo ''liiji'ic -r t) li^-cr to rmnovn tlio nuisance ro'npIairiL'd of, and l;r! riiigiit hav..i told tiKwo who pc'itiwjnd for his iiiterfori'tici.', tMot t'lcy iimst suh'Mt to r.Ir. F.)r>ytii'^^ onoronch- inonts npnii tiio piihiio rifrlit, arid awitit tlic rccidl of hm inforrr.-.flon for intrusion. An i'.idividiial wlin.ao prop-rty h"-! h^^r'^ ilui^iirs passed upon wouhl Iiavo Iiad a .-;!■ nr vljrlit by law to alnic the nui tancn, and it pnoiuod no unrfasonjihlo expectation thatlhc Govcrn- i.Mcnt sliould pro'c'cf, its ri-jflils n^ fully a;id promptly a? individuals may. It was Iho natural .'^npatii-rirc of'Jic p';!>l;c, undor tho vo;>:a- liou.s act of Mr. For-yh, tii^t led I '(••^ irovorninof.t, for tlicir sake, to Ihf! mr>asuro wliioii ocrnsionrd r.;r a limo, no iitflo trcuhlr. VVI.'Otlicr it ',vou!d hav:- b?(Ni moro judicious i;i iSir IVrrgrine Itlailland to liavo takon npy otiicr nour.S", 1 unod i)ot, pro?unie In oPuif an opinion ; havirifr luinvn i oihiuj,' of I'l-'' "c* rouiplaincJ of uulil -irfr it had tnkon plac^, no responsibility ro?i(;d with mo as Orown Oliinrr ; and so ftr op rp.-pccts any lo'^rl qur-pfiroi, I upi-'fl assuuH; no r.'spousibuiiy now; 1 ut w'llmui pre*<":idir the m^tior iii lis p'rici'y !"gal point o^vi^-w I tnu-t. rr.y I iiavo" rot iioic'i doubt that if, in tsny 'ait of Lujrli'nd or in tho Ur.it^'d b'latcs ofAmcrca, an intruder wire to iiifiist on incnniborin^- a barracJi sqnurc wilii iiia w.'i^cn, or v.,;::- to plar.t. pr^fr nn'l r; rr'^noral r'^coilrcr- tioM of tho matter hero refn'/'d to. In fhatscppion of the Lcfjiel*^ turn (1 .i';-.'b,) as wil wore a number of I 1? re' •n bv r ■tiou of ihe J ourual'', t'lero Cjomtn'ftcv' conducting ir.q-iiri's into va- ■jioup pidilic tn'iltorg. It Iir.d boon tho CTUPfant usng'es of !!•'-' .Aqj. E-^mbly, in past ye-ir", when any of i'-'<:-\r Committees desired that; an ofTicor t!."< Government plionld attend them as a witncsp, to pcnd au address lote.c Le-iitenant G )vi!rnor, co-'unnnicatin? their widh and spscifyinj^ ihe PAibjeet on whicii the cvidenc: of the wit- Msd \v:ji roq'tired. The order tison pr^cocdad is a matter of coureu, I i!' 10 llox^ J. B. Robinson. 1 M m HIS mma hRS ^ffiK nrw^. from tho I/miitniiant Governor to the oflicpr, to atteiitl the Commit- U'e. VVIiethi-T this wrb tlie proper coursp, liaviiiji a due respect to the privJlcgosof tlie difFereiit bruncliL'S ot'tha Government, or whe- tlierit vvae a wholly iiniieccsijary courtesy, I do not pretend to deter- mina, but it had been usually, if not invariably followed. One of the Heicct Committees in tliia session roquirnd the evidence of ('olonel Coflin, tim Adjutant General of Militia, and of Colonel GiVena,tlic Chief Superintendent of Indian AiFairs; and instead of addressinof theni^nlves to the Lieutenant Governor, as had been usual, the Select, Committee sent, it eeema, a summons directly to thoao gentlom Ml. I do not mtian to say, ppnaking as I do merely from memory that this was the first instance of a variance from the former usa^e spoken of; but at all events the departure from that us^f^e was of very recent date, and the officers in question having received tho Fummoiis, reported the fact to Sir Peregrine Mttitland, and prayed his inalruction. Tlie ol>joct of inquiry (un. Jess lain much mistaken) was not stated in tho summonE, and the Lieutenant Governor or Commander of the Forces, in whichever eapacily Sir Peregrine Maitland conceived he was acting, (and considerir;^ '1"^ nr.*'.ire of the duties discharged by those officers, or by one of tlicm, certainly I suppose he acted in the former) being left quite nninforined on that point, desired them not to attend, meaning, 1 take it for granted, by that course to insist upon the right of being made acquainted with the subject of investigation upon which tlie tesLimoriy oftho.^e public olficera was desired. Co. loncia Givens and Coffin obeying tue orders of the Lieutenant Gov- ernor, did not attend. The Assembly resolved that their refuaiil wag a contempt, and commiited them. They afterwards brought an action of false imprisonment against the Speaker, but they did not recover, for the legality of the imprisonment, that is, the right of the ilousc to commit for what they had adjudged to be aeon- tempt, was confined by the Court of King's Bench by a solemn judgment rendered in another cause then pending which involved the same question. If, in making tlii'3 statement from memory, I have fallen into any error, a reference to tne Journals will perhaps correct it ; and a3 Sir Peregrine M.iithnd is now in JL-ugland, if I have misappre- hended or have stated imperfectly the grounds ou which he acted, he can of course more correctly explain them. I observe it is stated in the resolutions of the House of Com- mons, that the officers referred to were required to give evidence in the matter of Captain Inillpotts. f am not under the impression that any connexion between the two matters was expressed in the notice given to the officer* to attend, or was understood at the time of the occurrence, though, of course, the SJelect Coramiltcc and the Assembly were aware of it, and the Government must soon after have known it, if they did not at first. But however this may be, J am satisfled that no desire to keep from the Select Committee any information that Colonel Givens or Colonel Coffin could give respecting Captain Phillpotts or Mr. Forsyth, could have had the slightest influence with the Lieutenant Govornor. J cannot see how there conlJ have been any room for fsuch a motive ; I do not recollect that I ttoS. J. B. RoBINiJOX. n k. evT fisohr\n;;ecl a word with either of those gentlemen on the subjfct of Mr. Forsytli's complaints ; but from the very nature of the tiling, from their dulic:; uod characters and occupations, I am pi-rsuaded in tny own uiiiid tljat, whatever Mr. Forsyth may li:ivo imagined, tli«y couid have had nothing more to tell respecting that transaction that could affect either the Lioutcnant (ilovcrnor. or C'ai)i;iin Phillpotts, than any two oflicers that might have been taUen at random iVoni any ref^imein at tiiat time in His Mnjesty'a sorvJ! 0. 'J'ije ilou-e of Assembly did not in any snbscqnent ■session require their evidence on any eomjiiaint of >Ir, Forsyth's, and if tlioy did in fact know any thine; Jliat Mr. l-'orsyth himself lU liar that tlic <1 of ] important it was si «pon the liial which afterwards took place, when their t videnco must hav(^ iicen most material if it could liave affV^cted eiihcr his ri'j;!its or the amount of d;nna;!:es which he claimed, and wlien their att( ndnncc could have been procured as a matter of course, upon an ordinary subpmna. In one of the Petitions of Mr. Forsytli tliric nrc reflectionsi fast upon llie admini.-Jfration of justice in this I'rovince, and par- ticularly upon the conduct of the C*.)wn O/Ticers, upon whom tlie duly is imposed of conducting criminal prosecutions in the (Jourts of Oyer and Terminer, an(i in the rvidence !;;iven by him before tlie Select Committee, Mr. Forsvth has made certain state- ments adecting myself individually. For n)ore lliun t^ixteon years befom tbat tim", I had disc!iargod, with one or two short intervals, tlio duiy ol Attcrney Gou' -al, and thcri? couhl ecarcely bp much foundation fortiie remarks made upon the administration of justice, without my being implicated consid- erably in the inisconduct rpulccn cf. Whatever countenance may be considered to liavr '>-^nn jjivcn to these compiaints of Mr. Forsyth by the report of the Sidf; L (Commit- tee of the Assembly, and thDUffh wLc^lcver channel and for wiiatpver purp-)Pe tlitee matters are now biourrht under the notice of the House of Commons, I hold myt^eil buiUid to prove and ready to prove, upon any investigation conducted upon those comrnon principles of j ts- tico which regulate the most inferior tribunals in this country, that,, as applvfi to myt>elf, the cbartjes and insinuations are uiterly n-ronnd- loss, and I undertake, nt tliis distance of time to ropel satisfactorily the attcn)pt to justify them by any one ae< ifmine, ort of the 8elect Committee was never adopted or discussed, or iu any maimer acted upon in the Lo^r^i'^ltturw of tliis Province. Against the act of a Select Committee ui receiving evidence, and reporting it, by which means it becomes printed in the Journals, there is no remedy ; but altliough the Assembly, neither in that time nor in tho four years that have sin re elapsed, brought Mr. Forsyth's statemetHi,- t<) the test of a public di.-^cticsion, or of a BUtiofactorv invostigallon F3 l^'il.'il'u! IP iii'li 1!:! 12 Captain Viiilli'OTts. if thnf?r>c,. Thi^ lo'^lc p'acn on n^011•: tlif> IBrh of M.iy, lH:i7, nnd aimut four days Hftfrwardf, Capfoin IMiill- potts, linvirif!^ dccaHion tovinit the Fulls, saw that tho.« picki'tH liad bocn t^Uf.'n iiwav, nnd Forsyth's fcnr.e re-placfd om thf^ Resorvp, wliicli Captain PhillpottB caiwpd to ho ni?iiiu removed, and the Re- Borvo to bi! marked out witli pickets as hcforo. Major Leonard, tho Slientf of t!io District, wlio rrsidps near tlio Falls, having accompniiied Captain Phillpotts to thp pround, at his rcq\iopt, jMr. Fovpyth brnnf)'lit a rivil action npainst hnili of thrni for tho aIlo(r( (1 ire.-jpnss, whicli was tnod at JNiagara, and a verdict was given for the defiindtints. In coiispqnf of com- pbiint whatever iijrninst (.'aptain I'iidlpoltia, or the military persons .eipployed under liiui on this occnsion. GKORGn niTLLPOTTr?, Captain Royal Engineers, York, U. C- January, 9ih 183:3. No. 2. Copy nf a Pcf'^nfcJi from TAcutnuml General Sir P, jMuitland to the Right lloiwrablc ^^ w. Iluskisson, I'rrKR Canada, } York, ::;Uh March, 1828. S Pin, — Dnr'inc; the Session of the Loaisiature of this (Jolony, which hn>) jii;U IcrMiinatcd, a i)i'oceediin; has tidicn ilace upon vv'iiich I am compelled to solicit, very earnestly, the ojiinion of riis Majesty's (Toverunicnt, that 1 may not ije at a less hereafter how to act under tiiuilar circmnstancc-^. On the IGlh instant, Colonel Givens, Superintendent of In- dian Affairs, actios; as head of the deparfjnent in f'is Fiovince, in the absence of the Depniy Su])erinteM;ient (jrcn ;a', who resides at rinebec, and Colonel Coilin, Adjutant General of the Militia, coi iinunicated to nie olliciaily, that they had been smiimoned to attend a Select Committee of the House of Ass^ndily. and they snbmiltrd to me th;i letters which th(>y had respectively receiveJ from the chairman of the Committee, re(iuiring their ailendanctfi copies of which accompany the Uespatch. It has been usual liiilerto for the Assembly when they required iiilbnuation from any public department under tli'J Government, or the attendance of any Civil Officer, to addre 'a the Lieutenant (Jovernor on the subject, and I do not know that in any instance their request has not been complied with. Inson'8 cases, however, the request has been, in the first instance mads to the olfvcer whose attendance was desired, :i\u\ who has obtair- *d the leave of the Lieutenant (lovernor, before he atieud* ti.f li f^m P. Maitiano. Comiiiitfee. The inode first fueiitioncU has, lj.)wevfr. pei'erullf prevailed, luuliculiirl)' ilmiiig llio la.-»L bessioii, in tlu- ird instant the Chairman of the Committee re|)()rrcd to the House of Asuembly that Colonel Civins and Colonel Coltiii had u«'it attended, and (he House avoiding any coniMiunicalion witli nie, directed Warrants against thorn to be issued by the f^peaUor, that they might be brouglit up in custody of the Serjeant at Arms. Of the intention to issue liie Warrants the two ofl;- ccrs were r.pprised, and as 1 did not think it proper that the gov- ejument should interpose in that stage of the proceeding, they were directed entirely by the advice of the professional gentlemen ■whoni th'-y cliose to consult. Acting under • s advice, they de clined voluntary Fubmission to the Warrant, tioclaring that iorcu must be resorted to, and intimating that if such foicc were used, they would prosecute the Speaker. They wen; taken on the snme day, the 2"iid instant, Imving joubiTiitted witiiout lesistance, after the liouse, in which they were Jiad bf'on forcibly entered ; and being brought to the bar of tli« Assembly, arid charged with a cnnfempt in not obeying the sutn- jrinns of the Chairman of the Select Committee, ll.ey slated in their viiidieafion thrt ilsey liad applied for permission to attend, wild had not received it, and Colonel Ccfl'm read the letter which I had directed to be written to him in answer to his application. Theresolniiim which is transmitted, was then moved and adopted in the Mouse, ill voting for it and 11 against it, after two amend- ments had 1)0011 negitiviv!. The Spe«ker (hereupon made his Warrants of which copies ar« trmsmitted, and Colonel Givens and Colonel Coffin were receiv- ed in custody by the Hheriff the same evening, and remainod in prison until die 2M\ instant, when the Legislature was prorogued ill the orfiina-y course, and according to an intimation which 1 had riven to the two Houses, through their Speakers, many day» .beCore. Tbe 2:W March beinjnr Sunday, Colonels Givins and Colonel Cof- ^n ionoilod to uie on ^>io;iday what hatl taken piacc in conflegucncj) Sir V. Maitlano, IS ?.:.■: Wi t>f tlif'tr ilocliwing to ntteixl the Select Comiiilltcp, »in infer* of Stale t rorinui- ivor Gen. r Clfrk-, Cf! nt tlio nd has i!o til.' Mili- t C(^niinit- any iiiIm r upon piilll iVt! 110 '1 f-'- nay be the llio iipniro :( upniro of thai it ciui xiveii to it. is to prcf.r pew or to oft'pti il f>l'- n tlie triiili mind how 'rvcrt(Ml to f.ruuicnt or lio rrqn'^st, snnunotis iinny, p^'V- Icstriiiiit of voport is r\\ or an- |bV !lsptT«- indvidiiMl raters in a |ry arr- rot uiiulc tiicir tlie p-iiiy can f li- lt niTiiFn- initnonr' d Ibeen car- if eight or [ition, Pi( Stamford, for inquiry into crime and outrage, with power to seiitl for persons and p;ipfrs, you are hereby reqiiirt^d to aitend the said Committee in the Committee Room of the House of Assembly at noon to-morrow. r-'^igned) B. C. BEARDSLEY, Chairman. ^ ttttkr from Colond Givens to B. C Beard.sley, Esq, Ch'.tirman York, 15th March, 1823. SIR, I received your notice this morning to attend a Cor.i mittee of the Honorable House of Assembly this day at luion, and in consequence thereof have made application to His Excellency the Major General Commanding for his permission for that pur- pose, but have not as yet received an answer thereto. I have &c. (Signed) J. givi:n^;. Supt. Indian Atiiurs. .^ Ltltcrfrom G. Hillier Esq. to Colonel Givens Indian IJcparimeni. SIR, Govr.RNMrNT IIoi;sE, ) York, ISth March 1828. ( Having laid before the Lieutenant Governor and Major General Commanding, the sunimona which you had received to attend a Comiuirtee of the House of Assf>Mbly appointed to in- quire into and report upon the petition of William Forsyth, I have received his commands to ac(iuaint you that he cannot give the permission desired by you, not knowing what are the matters of which Ml. Forsyth complains, or what are the facts in regard i) which it is desired to interrogate you. I have &c. (Signed^ G. IIIL^JEIT. rely agrees AND. cens, Indian LTSE OT i8. Committca 1 Forsyth (i| wev to setiil 'ri(J tho shU Vssemblv at ■liairnruj. , Chdirmrtn 828. end a Com ^t mioii, and Exceileucy or that j.nji- ifi'airs. Dcpartinenl. L82S. ( If and Major receivcil to 'inted to in- York, 15M March, 1828. } SIR» r received your notice this morning to attend a Com- mittee of tlie Ilonouable House of Assembly this day at noon, anil in consequence thereof have made application to His J'^xcellency the Lieutenant Governor for his permission for that purpose, but have uot as yet received an answer thereto. I Iiave &c^ (Signed) N. COFFIN, Adjt. Gen. of Militia Upper Ca.iadat, Litter from JV. Coffin Esq. to Major JliUier, Privfe Secretary, ^r. York, iUarch 22/i, 1828, SIR, I bejf reave to request ti t you will state to the Lieute- nant Governor that in obedience to 'le communication I received through you, that His Excellency i uld uot give me permission to attend a Committee of the House .f Assembly for the reasons therein stated, that I did not attend the said Committeo, and that in consequence thereof, I have been committed this evening to the common jaol of the Home District, by order of the House of Assembly : I have therefore to pray that His Excellency will be pleased to direct that I may have the advice and assistance of thft Crown OfTicers, to enable me to take such steps as I may be ia- Btiucted on the occasion. I have &-C. (Signed) N. COFFIN, Adjt. Gen. of Militia, G3 k 30 Sir G. Murray. IN COU.NCIL. Rd April, 1828. The Council having reviewed their report of the 26th March last, upon the suljjt'ct of ihe within letter, respectfully beg leave to withdraw the same, and ui)on mature consideration, the Board cannot advice that the jjovemnnent should interpose to give tiity directiuui) to the Crown Officeis as vvithin^solicited. No. 3. Cop?/ of a Despatch from Secretarj Sir C. Murray, to Major Gsnerul Sir John Colbornt, ^c. S;c. &fc. Downing Strket, ^ iOJ/i October 1828. j SIR, I have the honor to acknowledge the receipt of Sir Peregrine Maitland's Desp.ach of the 29th of March laat, detailiii ^ ihe proceedings of the House of Assembly of Upper CauadH, against Colonel (^offm and Colonel Givins for contempt of ih« privileges of that Mouse, in refusing to obey the summons of tliti Chairman of the Select Committee, and requesting inslructioini fur his guiduucti uudt^r biniiiar circuuitauce^.. From the statement of the Lieutenant Governor. I am led to infer that there were adecjuate grounds for inquiry by the Housa of Assetiii)ly into the grievances complained of in Mr. Forsytli a )>etition, of having Ijeen dispossesse(l of lands in his occupation by a military force, acting under the express coinntand of tfitf Lieutenant Governor; and the chief reason adduced by the Lieu tenniit Cfovernor for not allowing Colonels Givens and CoflTin lo attend the Couunittee is stated to have been that he did not kiutw the nature of Mr. Forsyth's complaint, nor the facts iu rcijiiid. lo which the evidence of the oflicer was required. As no direct notification had been made to the Lieutenant Gov- ernor, iu a certain technical sense, he did not know ihe nature of the complaint, yet as he must have inferred thut the Commiitce proposed to exa'jiine these onlcers respecimg the employment if a niilittuy force for ejecting. For-«yth frouj tiie land, I cannot but consider that Sir I'eregritie Maitland would have exercised a sounder d'=cretion had he permitted the oflicers to appear brCoia the Asspu-biy ; and I regret that hedid not accomplisii liieohjcd he had in view in preventing Forsyth';* encroarhmenlsby niHai.i of the civil power, which is said lO have been ul hand, rather thau \)yf Ctillii:^ IU uiilitary aid. T, lave, ^c. Si-ns4 C. ML'iirvAV. 1? ' I' J28. ofthe26ih ectfully beg ieration, the lose id. to give y, to Major Mr. Stanley. No. 4. ' m Copy of a Despatch from Mr. Sccretari/ Stanletf to Lieutenant General Sir P. Jfaitland, ^'c. &c. &.C. DowNi.vo Strekt, J 20tli June, 1833. f Sir, — Certain papers having been moved for in Parliament, in which some jKirt of ynnr conduct as Lieutenant Governor of Upper Canada is -jnimndverfcd upon. I have considered it due to you to refer these papers for your consideration, in order that you may have an opportwnity of affordiug any explanation upon them which you may think necessary. J am, &,o. rncd E. G. STANLEY. ?.i i28. / 'eipt of Sir it, detailiuj )erCaua(lH, nipt of the tions of tli»i nsiructiuim ain led to the Kousa Forsyth a uccupatioii md of tfitf f 'he Lieu i! Coffin 10 d not know i iit rcijaid. mant Oov- naliiie of oiiiniittcR loyment ( f cannot Ixit cercised a ear l)t foie liieohjt'i t liy iiieaiii alher ihau vuA i . «-1 r, No. 5, ElR, CovY of a Dpspatch from Lieutenant General Sir P. Blaiiland to Mr. Secretary Stanley. London, June 24tb, 1833. I li:tve the honor to acknowleil^ie, with thank fnlnesfl, th« sense of justice wliirli has leii you to submit to me a Despatch from Sir (ieorge Murray, when [Secretary of State, to Sir John • Jolborne, of 20th of October, 1828, previously to laying it b« r.re the Mouse of Commons. However stran<'« tlie statem-ent m^-' appear, I was altogether unaware that such a document existed. By it, I am now for the first time, made acquainted with Sir George Murray's animad- versions «/ii ct'iiaiii iicts of my goveiuinent. As my despatch of the 2i)th of March, 1828, on which the opinions of the then Secretary of State are grounded, was written exp-essly witfithe view of obtaining instructions on a very delicate and important question, and noi for the purpose of giving a full detail of transactions, nor of justifying my measures, the propriety of which h;id not been called in question, circumstances were na.- tuvally omitted l)y me that would have been necessary for the latter ol)jpcts, but not for thai • i.;,.;. \ Ji^d princqMJiy in view. I sliall therefore avail myself o| the opportunity you have offer- ed me, to supply, as well as my memory v i!l enable me at thin tiiis distant period of time, a few circ^ln^' uk es ihat seem to h:u a been omitted, and that tnny tend to place tliose muuers which have been commented on in a truer light. Mr. Forsyth, an InkeeprT, haviiiij taken upon liitnoelf to enclose 'vitli a lii"'i f(")'f ''\ (if)V'Mnment Reserve, consistin<> of a chain in width along the bank of tli" Kiver Niagara, and which afforded I'll if m 'A ■I 22 Sir p. Maitland. lie public free access to the principal fall of the ii\cj . 1 was re- tcatedly solicited, by petitioti and otherwise, to cause the obstruo- pion to be reinoved. In consequence of these solicitations I di- rtected the olfictr of en< into effect, with the assistance of three or tour of his men, without arms, in tiieir wnrUing dress, and with the temjier lind caution he was enjoined to observe. In the suits instituted by Mi: Forsyth against the Officer of ^ Engineftrs it was incumbent on the PlaintitV to establish one or ; : two points to entitle him to a verdict, namely, that the defendant hud done that which, by law, he was not authorised to do, or that in doing that which by Inw he was authorised to do, he had i.< done unnecessary injury to the plaiutift's property or possession. ^j Both these poiais were distinctly submitted to the jury, and both v' wore (': rt'rmiritMl a-Tainst the plaiutiff. Mr. Forsyth, therefore, 110 doubt regretted, as well as Sir Ocorge Murray, the manner in t. which this intrusion on tlie public property had been remov- | ed, of course, for reasons that did not lie in the same direction. Can it be seriously believed, that haqnesied to attend the ('ommittee withoit any previous application tbr leave to the Lieut. Governor. This, upon a Ktiggeslion tntlie Chairman of the Commktce (f hn late Colonel Ni- chol of *he Provinijial Militia) was ascertamed to be irrognlnr, and consequently a formal request for leave to this Dfficer to attend wna traiismittf'd to the Lieutenant Governor, and of course promptly complyed with, and this has been the constant practice in cases of this description (^.xcept that of Colonels Givins and Coffin) so far as rny parliamentary experience extends. (Signed) C A. IIAGERMAN, M. P- P. for Kingston, U. C. Sflat J ine 1833. lifltfo* fnm It. J. Boidfon, Esquire to Lieutenant General Sif P. Maiiland, K. C. B. MotlTiTIY's HOTET,, ) London, 2ith June, 18:33. \ Sir, In reply to your inquiry' r»sppctinfr my recollection of »h? cir:;irn stances under which Messrs. Clark, and Street obtained a leasf' of part of the Military Reserve near the Falls of Niagara io 18sition to tlieirs, and as wmm believed fro n a variety of cir- rnnislances, caiisitig several of tiioir bonis to bo destroyed. For tho33 iiijiiiicj?, Clarke and Street brought actions at law against Mr. II. J. BoLLToN. 225 Poreyth, in which I wfiB their Counsfl, and Mr. Rolph, Chairman Bubsequeiitly uf a comiuitltie of tlic Asnenibly, who reported apon a petition presented to that body by Forsyili, complaining of the Go- vernment for pretended iiijuritb lie hud tiiMlaine*! through their in- terference, was Counsel ibr Forsyth. In these actions the Ltisseto clearly Cdtablibhcd their right, and iwu ocveral juries at successive Courts, gave considerable duina^res aaainst Forsyth tor ins d? pleasure, at a peppt;r-corn rent, 'i'liis iiistrunuiiitgave h.«m a egiu title to tlie possession — at the same time, from the uncertain period at which they could hold it, the Ciovvn and public were fully pro- tected in tlve enjoyment of the easeiueiit it was intended the latter should possess, that of free ingress, egress, and regress, to the Fallri, as the Crowti, from i,iie ttjrmsof tlie lease, retained tlie power of putting au end to the tenure, should the confiuence be abused which was placed in the lessees. They have, to my knowledge* acted hitherto in accoidaiice with the exptciations of the Govern- ment, and t am certain tiic grant to tiiein has been productive of evil to no one. and wu8nev»'r intended to prejudice the rights even of Forsyth ; and if he had not shewn the obtlnwto disposition which he po frtqiiontly and violently manifested, of obstructing the t'tte use of the King's Ferry, and would he have permitted the ground in question to remain opon, as it formerly had been, and un- fvnclost'd, 1 do not think that tiie giant to C!ari\e and Street would ever have been thought of, either by tlieinseives or any one else. ' It wua purely a measure of defence against this mua's repeatMi tt^r(.OCi.ulid. ^; J, I have, &-C. (Signed) II. J. BOULTON. 26 Address dc Answer. Ta His Excellency Sir John Colbome, Knight Commander J of the Most Hotiorable Military Order of the Bath, Lieu- ~%^ tenant Governor of the Province of Upper Canada, Major t^ General Commanding His Mnjesty*s Forces therein, ^c. "^ ^"c. 6fc. May it please Your Excellency : VV"e, ¥mff^x celtein;y* 8 dutiful and loyal subjects, 'the Commons of Upper Canada, in Provincial Parliament as- sembled, humbly request that Your Excellency would be pleas- eu to (ransmit to England, and fitvorably to recommend to Hi» Majesty'3 Governnoent, the Report herewith presented to Your Excellency of a Select Committee of this House appoin- ted to enquire into the claim preferred in the present and for- mer Sessions of the Legislature, by Mr^ William Forsyth, of Bertie, Yeomani, late proprietor of the Niagara Falls Estate, to compensation for injury and damage done him, under the authority and by the command of the Officer lately command- ing the Forces in this Province. We are of r lion that Mr. Forsyth has fully proved that he sustained dan, ge, and that his case is an aggravated one, deserving the early and favora- He consideration of His Majesty's Government. MARSHALL S.BIDWELL, Speaker. Commons House of Assembly, ) 2d day of April, 1835. } AJ>fSWER. Gentlemen, I witl transmit this address and report to th« Secretary of State for te Colonies. The opinion. of the Law Officers of the Crown that the in- trusion on the Military Reserve near the Falls was an iniqui- tous proceeding; and that the intruders sltould be again pro- secuted, will prevent my complying with the request of the House, in respect to a fTivorable recommendation to His Ma- jesty's G'9 Coil'jj'e ;" which charter a in the following wordi : — " GEORGE THE FOURTH, by the Grace of GOD_ of the United Kingdom of Great liritain and Ireland, ATing-, Deftnd«r of thi JF\iith, i^'c. ij*f, ij'c. To AM. wu'.)M TiiKir. I'liESENTS siiAr.L COME — Grtetlng: WnvAv:. I'rovinct HAS {hn establishment of a (College within our . . ».. ;ce of Upper (yanada, in North America, for th» tuiication of youtl^ in the princi[»Ios of the Clirislian religion, and for tiieir instruction in th^i various branches of science and r:tcratur;5 •.vliicli are taught in our Universities in this Kingdom, •viuil I «;reaily cond iice to the welfare of onr said I'rovince; A.nd ^vnKRF.An liumble application has been tnade to us by many of f)ur l(»vinjE: subjects of o;irsaid l')ovince, that we would be plcftsed to frrarit our Royal ( harli r for the more perfect establishment of a (jollege therein, and for incorporating the meinbern tliereof for the [uirposos aforesaid. NOW IviNOW YF, That w«, having tal hereby jji'-'n' c sued, im- plead and be imph'^nded, answer ami he answered, in all or any rnnrt or cunrts of record witbm onr T'nited Kingdom ot'tJrnHt ]{ritKin and Ireland, and onr said I'rovince of rpj)er Canada and other onr dominion^i ; in all and finqular action-^, causes, pleaa, units, matters and dem tnds wliats<»evf'r of what nature or kiuJ fioever in an lar^o, nniple. and lient-ftcial a manner and form asaoy •)tlier body piditic or corporate, or any orher onr liegu mili|«i;U, heitt); porsoiiH able, and capable in la«v. niav or cunHoe, implead or answer, or be sued, implHadud or ai:swrrerevions!y to their admission into i»<« said College ('Oiincil, severally sitrn and subscribt> the ihiity ntuo Rrticles of religion, »s declared and set fo'th in the book oi coiu- inon prayer. And in case at anytime there should not be wiiiuu our said ("ollcze seven professors of arts anse, be ai>pointed by the Chancellor (or the time beinjt of our sad Col- h;ge ; and which members trlCouDcil mIiuII in tike manner itub- ii''ribe the thirty nine articles aforesaid, previously to their aJniis- Hion into the said College Council. " And wVer^as it is necnssrry to mal»e provision for the cowi- pletion and fillint; tip of the said council at the first institu ion of otir said College, and previously to the appointment of any pn»- f«HS rs or the conferring of any degrees therein. Now we do fur- ther ordain and declare tliat tlie Chancellor of our said College for the tiine being shall upon or inimediately after the first iiisii- ttition thereof, by warrant under his hand, nominate and appoint tinven discreet and propi r persons, resident within our »aid Pro- vince of Upper Canada, to constitute jointly with him the said Chancello)-, and the President of our said College for thif time being, the first or original cuum il of onr said College, whuU fir«t or orij^inal members of the said council shall in like uianuer Y> Ki^ NG S c CI.IXCE, »:-j :?. i, respeetive'y S'lLscnbe tli« thiity-nipe Aitii^les *foiot.ui.l proiiiutly to their adttiissio)) into the «;<.ic1 cuu!:cil. " And we do further dcclaio and piant that tlic nicinlioia (>(' ihB said College Council, hoidinc vithin our eai'i «,'(>lleyc tl)«i ufilioeu of CMiai-cellor, I'resident or J'rofessor in iuiy ;iM ->r (.icultv, ehall respectively hold their se:Us ui the said (.'ouiiril so lojij' >»-j they and each of tliem shall iet;uiisuch ollifr officrs hs albrpsitid At no longer; and ihalihc nunil-t-js "t'tliH said C'nirici! not liold- ing oflicea in our said Council, shall tVom time lo lime vacnta their seats in the said Council when and as soon as there hhali he an adequatft number of I'rofessord it! our said College, heinv; members of the EsL;.I)!Jshc:1 Cliuroh nforesaid t(« i,ll uj> il.c i.iiil council to the rrfjui.^ite niunbcr belnre mcntioiit';!. *' And we do heieby authorise and empower the r'hnnccilor for '.he time being of our said College, to decide in e:,re and i;raiit that tlie Ciianrrllor, for the time b*ing of our said Collejre, Kliall ])rcsiilu at a!! ineeiin.;* of thesaid CoI!e,a;e Council, wlien he may de> ;n it j)ro[Hr or eocver.ieut to attend, and that in his ab?:acr, the Prcsideta ui our said College shall preside at all such lueetings ; and fl i in t!i« abseuce of the I'residetu the senior inember of tlie said Council present at any such meetin;^' shall jircside thereat, and that the seniority of the tnombers of thes.id ('c;;ncil, other tb:,u th« Chancellor and President shall be regnlate;' according to tii* date of their respecti''' appoinrmrnrs : Pun'idcd always that tlia members of thesaid Coui.cil being Prufessoi?' •:; our said Collp;>;(', shall in the said Council take precedence over arifl be considered as senior to the members thereof, i,ot bein^; I'r."'e«6uii» in our said collcge- " And we do ordain asd rlpclare that no trieeting of ih« snij eo»n«iIsha!l be, or be held to be ,i lawful meetiiij^ thereof, unles* Cv« members at th aJorc- saitl, o(" his imincMhiile iirttleccssor in tliesniii coniic-il. " And we do Cnrtlier (Md;!]!! ;uid i;r:mt, that it sthiill nij(1 inny h« rniii|)(;tpnt to and lor the (Miariceilor tor tlic tiira; being oC our f<;ii(J co'lPiTi', to ?iis])( lid friini his .stiii. in tlii; tr.rid (■oniicil. niiv loonihcr thoreof, fornnv jn.s! and reasonai)li;cai;se to thcsald CJian- crllor ajipoarinq ; provided ihal tlip ground vi' rvcry such sn.s- I' iisif; on our bt ball', ai.d ill }!ii'-i:au<'(» of nuy si)cc;iJ •>r(bit'nre f:o',ii v.->. "And wo (b> furthor d'iii(ui. ior by iin older ci;torcd fur timt j-.ur|)oso on Uio books of th^ p. ml Council, sluli nhscnt hini:-olf t'lan all tli(^ nioetin;,'^ tborcot' wli:«!i may bo bfld witiiiii any six snccossivc cuiendfr innni.ii.-, t.ba!l Ibort:- on vucato bucli bis i:cat, in tbo .said counL'il. " And we do by those prc-i'Utr:, fur its, our Iioirs and surf .'Ssnrs, will, orduH, and ^ijr.uit thai iiiu siid Council of nur sai.l ( 'oilrq^} tliail have ])o'.vcr and autbori'y to tVainc ai'd niiiko Ptiitutc.«, rulfH Piid ordinfiiic^!F, to.ichinn;' and concoriiit'^f tlio good {rovoriini»>nr nf I'le said {.'oljcife, tiio porforinanco ol' J)iviiic tvTvico flu^rein, tlio ^tudiosi, lecliUf'^, oxnicisof, di';r!-ci:s in ar:s aiul rar;;li.io?, tmd hII manors rt';:ardini{ tbo same, (li\' r'sidonco iii'.d cIutioH of t.'i-: Troi^i- d.-nif oi' our stiid C-olli^^', the luiiiibor, nfid-JiiC", and duti--'s ofthp ]''ore.-:Kor.' tliireof, liic inauageiu'^at, of liio rrv 'iiu. ^ and |)vo;)c'rfy of ibn saiii Co'!i'^'(, tbo sabirie?, t^i fj)-nd.», p.rovisio!!.-- n"n onioiuiio'iil.-.-, of and for t'no I're^iJi'n'., ProPf-sors, vScliolar?, (JiricL'ir, and Sor- vanti-' llinreof; i,l;ijiunnbor and dntjos of suoii Oiriceia and .Servantij, uud i)Ia'> toui'liing Mid co icorninii- iiuy otlipr tnattrr : tlio Wil!-ii,;i',ir and ad vauromont of oiirsaid CoUeijji?, and agroca'-Io to i.'iij our ( harl.or.— And niao iVoiu time lo tiino, Ity any now fl!a',ii?os, rulos (r oidiuan- c\'H, to rovolvP, rF'Uow, nn;]finent, or alier all, ( \''?ry, or any of tiie s'lid >rafutes, rulos and ordinance.-, as lo tli<>in sliali S'-tun incoi, and o\. jicdicnt : Pruvidrd alvai's, that t]\f. said stntulep, rulnt-- and ordinan- ITS, or any of 'I oni, sbali i;ot lip rf|iugtiniil totlic laws and iitiiluti a of the L'miod Kin;;duin ofGrcat Kntiiin ni d liol»;;d, or of our i-aid rrovinoo of T'lijicV Canuiia, or lo this our Charter. J'r'nUrd also, tiiat tlfj paid sialutef, rulec and orduiaifep, sliall ho t:ubj;^ci, to t.he uppr,)bat:oii of the said Visitor of the sa'd (.!ollr!,'r for ibc tiiiip boinn'. and shall bo foriliwitb trausiniit-'n lo llio said Vihitor for t ,at. puf- pOdP, and tiiut in cas.i the .sa;d V'isilor ^ball tor uk and in our b'^balf in writing, sijrnify Ins disappiobalion llior'jof within two years of tba tiinu of in^tc b-trvj so iumI;! aud (ranioH, t be snuif^ or such part liiji'tof U8 Bijuii be KO (i;.^3i>;'ri^v,'d Iv Vaq tft-.d V'u.ior, .-.'.lalj, trjn i, m 1 m If , ik P Kjng*3 Cayi-'T!-. fijn ♦■'T>* '''.»!io'; f!'s'>ntv-o^lHf'On Seinr' '^t'^ '^"own M'lifRT'l C'.bi. rfilor of our phkI (^oH-^rrf*, he uitprly void and of no effict, but oMier- wifip olinll he. .ind rftnain in full force and virme. «• Prnvid"d nrrertheless, anil we do herfby fxpress'y pnvo nnd m. p'*rve to Hi-', otir heirs nmi siicfiessors, tlic powor of rovivinj,', confirm. (112, or revorsincr, by a>iy jrdi^r or oid'Ts to be by ns or tliem m id'« in our or thoir Piivy Council, hII or f.nv o^llie dpoifsioop, Konlenoev, n • (TciftrH so to b(» mside a'^ alorf^said by tho said Vis^itor, for us ami OP our behsilf in rcfurjn •.; to ihe faid Ktaiuius, rub's iindordinanceo, or iv.v' «>( Uioin. ♦' And wo do firflvT o-!''h"'i n^d d^c'nro t!iat no Rt>)Mito, ru'p or erd'.niMicc, sh;ill bo franiod or bo m;ide by fbo naid {.'ulb^po ( ounoil, loucli'ni/ the inn'tors atorfHitid, or any of ihotn, oxceiit.'iiii O'lly mi.-u HH piiflil bf n-opoMid for tho oonaidpnitiou of ti.osiiid Coumul i)y the (.'liancfllor r>r iho H»ne beir.ti; ot our s-md College. *' And wo do ric, 1,1.'. and enjoin fbe said ('banoollor tbor^of 'n ron«nlt 'a-'M) thn I'rcHKr^iit of our P'lid ('olb'OT, and tbo next Hiucmi m tnbpr of tho said Colletro (.'onnnl, rospi-ciuijj iiii Hf!<'u'(>f;. rni, s Hitd ordinnnc'p, to bo j)ioj;').-iod i'V Isin. lo tho said (/ou.'icil for I'lt'ir Boiviid ration- " And \vp do h.-^ri-l->', f ;r n?. ovr 'isirs n(l Rtiprpcpr,r«, rb^rtrp „„h ^,^r.,r,,.,,,f| |j,gf ft,M ptifu'ps, ruipp nrid ordinancos atorPMiin, kmI jt-ci tr; fi]o pniri proT'ioion?', fci'mll bp ^:trlt,•ty and inviolably iilisscrv**, kf) t and porfomied f.-m time to vv^e in full vi^r; ■ nnd plf-^ct, undor tlm ponaltips to be tliK'rpbj orfneipin imponod or contamod. " Ana \v»T do f;;rthpr wiil, ord^'.in pnd i»r'»n% that tlio snid CnVi^pi' '"''all bo (jpppi.'d »nd takon to bo an Uuivpfsiiy, and bhall bavo aiid f.njoy all surh and the iiltp privilp-^ps as are enjoypd by our IJnivpr. bit i. 'H oi' our United Kmprdoin of Gri>af Briiuin and Irplnud, bh far ."s •hr* niirriP nrp rnpabb' of bpuiLr had or frijoy*.';^ 'v vrhio of tli.'si- our lnti:-i-« pa^on: ; nnd tliat the HlU'icnts in tbo sani Co'lptro t-'i'"^' hs.v libprtv rnd fic'ity of takinsr 'h^ dogrees of Baolipioi, JVJitstPrife D'm-- >;all make such and tho smiop drjclartttionR and piib criploii-, and take euch and liio fame imt'iiJ as aro r< (jiiirrd of neriponeadiniiteil toiiny digreo in Divinity, in our L'riiver.-.ity of Oxford. "And wo do further will, dlr:"* r.-^d ordain, rb-it the Cluinorr.ir Prpt-idfv.', and I'rof' ?'i'>r-j of our said CoHp^p, an.! nil P'tpump adm t- fod therpin to tlio dPLHP" •«!" Mi'-^'-r uf '*•••-, or 'o "tiv d-'^rrpc -n D vi- n;fv, liiw or Mcdicni ', and wuo iVom ;,iipfm.i; of such thoir (idn)ir:si( n of aucii ri.'grop, shall pay the annual sum of Twonty 8hillni««r'< KliSG*ai CoLESGE. but ottier- ir, ,>onfir'.i)- Konteiice-i, , tor us nnd ordinances, ♦ ntP, riV or •pre ( oiinoil, o 0'i!v ^lh■U udcil by till" ir thprfof 'ri next HiMi''in !iti)-(>p. rniis noil for t'leir i'>nl liall havp dhd V our Univpr. in lid, as fur !is e of 1 1 niir '0-(> trl'H' i'lits^tprfe 1>' dni in>'P, nn IMI hll I'O dirt cuhI , -f.' f'.l'T 0!1 ; t !«q* Irv pprsoiiHfi (!- cr- niv.y lli'jro, orof p I any (li'tr"-'- I'l pub cniiV.on-, rL=0!isudiniiteil ihcCln"'''-'!'-!'" '\int- Dvi- BicrHoMg a li> irrcc Ml Ihi'ir (ttli'iiHi^i ^u n illmifH, s'l'i"- lr\fpi of tfi hp th'rni> Ka" m ♦»?' the sa d roovocutlon, ahnll have, ex'Tcis", and **"j<>j' all euch and ttw> likp i>r T kt/.- 1 i-- (ire enjoyef' by the uu_Mnbt.r- of the Co?tvocat on ot'dur lunv T^itiy <»f Oxford, so fur i*s tins saiiip are cipahle of benur hud and enjoyed by vutiieof Ujuei- our Itfllcrs paieui and coiiaitiUui,!/ will liii- provisions tlieroof. "And wi> will, and by tiles'^ pr^Hcnte, for ns, our lit^ii sand puccss" or-. di> t'lant, and di>ci ire, t'la riiese. our Ictfcrd piiti>ni, or flie Hi-ri)! rn.'iv or exemidilicution «hfjroo;i stmll and may h'» {^imd, firm, vuld, fij'tioniiif, and elfejit i;;il iti (he Ii iw, itciordrii; to ' fi'.' Ime intent luirl iin:i!i .1.' of' till' sa !if ; itiid Htiall be tak"ii, coiiMtrued, and adju l,(tut i I ih"' ina-t favor I'lle & b^nefi'ii'l seriye fi>rtbo best Hilviuit u/octtho na d ('iiaiicfllo , l'r<-«'d.'nt &. Sclinlars of our t^aid Colli-^rt-, a> -a ell ,it «>!ir ('our'H of K,it;ord »«>j elsevvie're, and i)y all Hnd r^iniri'lar Jidije,., Ji|«fi(;ri8, Ortiper.-;, MinisterH and ofhtr Mjijji'cin winlsoevei, oi ,ih, oiir be rt», and siu;ce.Hfi, any iiiits-r.'cilai, niin-re<;,tal, omission, irrtpi'r- t^'ehori, dcfcei, nia'l>'i-, cms ', or tiiii^f svnaLdOLiVtirlo liie coalia^y tiirre.if in any w so nutwitiirifandiiiff." And whkkkam liis present Mij'cstv, VVii.mam thk ioukth. ha» beMii ifrHijioiit-iv plefjfl'd to p <,'nify ihron-fli IJ.s Majis y's Pr iicipHl S.'crHi'jry of Sta >- for fli'^ <'oloniefi, I'jurl Ripon, by ins dofinaien of t'l' Hrb of JS'ivuniber, 18,i2, connniniicyted to iho lieiJl^lalUIe Iiv His Exci lleP' y, by inesruiirM, tiiai so far tioni any auxieiy liavin<^ been felt liy Ilu iVIij-'s'v''- (ioviTiMoenr to niaiiitain tlie ^a d Cbar- t'T a:fainar tlie wusbes of the crreat niiijoriiy ot tlie pi-o,)ie. eveiy O't-'sible nienanre iia« l)een tak-'n to ref r to U^'ir ri'pre-eniai;v>-8 tho il'-CL-ion of the (jni;,->: it <^c., Thn' from nnd afiertliR passmnr ofthis Act, th« A.ciideacon of York, now ("^ity of i'uionio, for the time b'iiii;, --liall nor by viriiiR of Ins office ef Arciidi'aco.i, be at all times PresidHiit of the caid (Jniverdry, any Ihinj in tin; ouid Ciiartcr lo the contrary riiifwilh-fandinsr. 4. A'»r/ tM' it cf-c, Thiit from and after the paps^inp- ofthis Act, tlio Professors of the said (Joieire und the (,'oincii tlicnof, shall n. . b« r» quired to be in'^mhers of the said E-=lablished United Church, or to sniiscribe the tlnr.y nine articles thereof, any thing in ihe Char- ter to the oon'riiry notwitlietandinnf, o. And hf it <^r. , Tnat there be at hU tim"S as many Profefisor?^ Tutors, and Lt^cuirerrf, m the different arts and faoulties in the na d (.'ollege as from tune r^^tirnt nh-iU be deemed npceer-ny orf-vnedienf, uud ut> bi^all ue appuintcd in liiti nuiu^cr ii<.i>:.i'i>ri'«i: luuvijcd a>'..U) ! I H Klng's Ca)llv.<:i:. in vo nt'iior imtmer, any thiiijf in liie e;iid ci!>irl','r to tl;e cotitravy rti! williKiandiiiir. tt. Anilhc 'il <«,'v., Thaf. th'^r'^ pliiili bo vvitli'n tho sii'I ('ollr'"» m th" placo and stoad of th(» Council ill lliu ea tl {.'liart»r inonliitii.'d, », Tonncil to I>p fnil"d ^\\v^ kno>vn by tlio njiiiie oCltio Council ."f liiric;'? C '!!-:,'>, vvii'ch- ;otin;,'s of tlio said Council tbtMi ajd. in #vorv such (;^^^■^ a ti' and ()rop"r person .^liall bo appoiiitid !y tin* rf;?!! of tho s'lid Ciid b-'' a" a inoinbcr of tliosiiid Conr, ri! in the place uud stead of tiio rnrni!)er so dying- or soanspondiid (r removed or inciipacil.aled as afore;- "t id, and lite npiiointim nt of huc'i new iiji'"'!'.ibpr in' tiie said Council sluill bo comnmnicatod to the Pnr- \incial I.e^r;e;|-,iurr3 tiiiongh tho CiovoriMU- Litutcinint Goyernor or person ndin iii^'erir,..- fho Gov- .•'.inierit ior tlii- time being, at tiicii- n.'.xt 8 5:doM. and it s'lall find may b'> lau-fi:' for that branch of tn-- l,"jrit.laturo ly 'a'',ic1i the person so dyin^f or suspended ar removed (t ine.'pftcitatrd us iiforcf^id ".v;is nfiofieted either to eonfirni thrt paid trraj-.nraiy riopointincnt inadi; by ti c srtid Cimncil as afors sirii, rr tonppcint anoibi-r, as sui,!i bran..i> «■*" the l/{^ slaturo shail think ft. >^. Auil b?. or bi'td !<• bf' H M E, ctii-Jf^ T!,. t no moolinij of the ("ouecil shall be talten ivvful n!»'eiui(f tberrof nor any q.n ':'t;nn bo t.iken ex- r-'pt to adj.iur'", nn'.ei-s nine nj.Mnbors at 'Llie b ast bo present and that. fii! c^w st (jns & res'diition.st rnnosed for I'le deii.-ion of such (."ollego Cou'ic't, ^bail hedeterm'ned liy the rnnjor'.ty of the members of tit*? Couioil present, incluMn/ the votoof tho pn sid n-r motiiber, and tb; X 1,1 the event of nn i^q"*,'! division of rut h voles, tlie rneinlier presiding i;t ai y such t-.ienrir^r shall j/ive an additional or casiinij vote. 0. 4;/// h". I', cj-;. Tliat any m'^iiibor nf tlie said (omaciLmny nt any ti;nn In snsporided or removed |)y a joint resolution of llie twa bTaneln's of : ho Proi ine'-;il Ijeirislf^tnre. ]{). \,id !>.". >', <)—. That ;t, siin'l a!iu mny he '"wfid for tlie f^M fonoed nft'K^ said ('f>Me^" from time to 'ww. to norninateand el'Tf, KO inanv l*rof>-<>o!s, 'Cutor-, and Lecturers in tho several arts, sc:- pne.f-s, a'ld matter? ef b'.''rf;in'', as to them shall soem fit and no- Cer.sary for th'"' f y?f(in o^' education in ilia said Coilcjrp. II. Aivlh"')', .^•". T'i it, the Fres'd.'tit, l-ror-- pnr or t'-ust in the *-noif\ shall be subject to iiii anc] every "f th«> ro.)«'« and ordinauces of tiitj haid. College, inn.d>> and provided cc- cording to this Act. • m Kixci'tf Coij.Efin. lontravy "5 111 thffl ioiiod, «. f liit)^'"? p i.olt'o'i" licll pfT- I'S to t,!ui ,lin (icv- icxt Sc3-- L- siuu! by iioiitiis oi' oil ;ij''! i!i (1 ly iU'^ lid Coir* It of HUCIl ) lIlC 1*1(1- jViTiior f'r g, ill, Vwv.u" iicli of tll-f r rcmovr.l bniimi tlif» ■xfor; !<:!■('!, lall lliiiik be tnlccn i,Upm ox- t and that h Collogfi )cr3 nfllt'^ , and tb; t presidin;,' r-. ni-m-.y nt. f llie two »r tliP P^i'l •>Trid rb rr. t and iio- litoi-?, L"c- ll Sorvaiiti of h(»- iry :':?■,' ( 12. Ana l/t 't!, i^'C.Thul lbs fjaid Council of said ro!i.7;"» s'n'l Imv'^ pmvor «nd authority to propoBe, frame, and mako riib'3 and o'diimnces tn!ii'!iin;T nnd oonceminnr the poaco, welfare, niul good govPrr.iriOMt of the naid CoHoge, tin- studies, loctiircp, pxercisep, anti dogTcps in nrfH and funiltic?,- nnd all mRttGra rHatiiig to tlin paine ; the dufica nf tbe IVesidoiU ot the said Colloge, the number, remu- rovation, nnd duties of tiie Profespor?, Tutors nnd fjecturers tliero- of, tho managtmient of the revenues and property of the Fa;d Colleg'p, tlie pnlaries, ptipends, provisioM nnd emoinnients of and for the President, Profossor^, Tutors, Lecturers, Scholars, ()trieer3, nnd Servants therenf, the nnmber and duties of such Ofhcors nnd J^ervants; and a]«,> toueliin^ and e.oneerning any o' her matter or thing which to th^nj s)ial! Sf^em (rood, fft, and u?ef(d fir the web'- beinnr nnd iulvanc.mnnt of the said ColloDre, and n'.'so f o;n time to time by any new rn'o?; or ordinances-- to revoke, renew, aujjmenN or alter all, every or any of the said ruJ-es and ordinances aa t^o then rhull Ffocin nii'Ot and expedient : i'ror/ft'"d rttZtcay^ That the siiid nde3 and oidinince-', orapy of thcin, •^hnll not be rrptignant to the Laws and Sialn'cs of the p-i'd Provinci? rf Upper Catiada or f« this Act: Prov'ikJ aL-tn, That t fie said ru'e'5 and ordiiianceg sliall he Fiihjoctto the approbation of the Chancellor of the said Collej/s for th^' time bcinir, and pha!! be forthwith transmitted ti the Raid ('hnnoeUnr for tli it pnrpos'^, any tliinj in tiio said (^Jbartcr to the contrary notwit! staijdinir. 1'.]. Aivl he it, :')'". That no rn'Igions toM or qualification w'-iate- Ter shall he rrqnir-'i! of ov appointed for nnv per.-sons admitM'>d or nv\tricnl:ited m-, sclinlars within the siid Co.'!nt:;o,- or of person? ad- mitted to atiy doTi'se in nny art or faculty tlierein, whether such d 'r^roe h" c'lPvr' d in T,a',", Phytic or otiier Art or SeienC'"", any tlri'i^ in the sa d ch arte'* to t!ie e-intrnry iiofwitlistani^mfj. 14. AvrJ he if, c'yc. 'J'bat the ni'^mbif? of the Paid Council ar.d tlif'ir ry.-rr-^.n\ii inf-'ver nhall be onediptinct ^nd Rcparatebody'^oli-- t^'. ".'."\ eorporiite in deed and in name by th^ name and eiyle of Kinjr'g ColleiT''', and thnt by the flime nnnie thoy fbff!! have perpfitual puccr'spjon ai;d a connion pnnl ; and that they ina f'^'r HUcccsRors Btinll from time to titnn hr>v ■> full power to slier, renew or diatige fUf.h comnieii sool at tliC'" "''!! omiI pleasure, an shnjl he found con- ven-en'' ; nnd tlint by thf> :^nne nnme t!i"y, the snid Council, and Ih'Mr puccepoor,-;, f ■oin tinin to tim^, iVvid rtt, ell times lierenft.er, ali^U hf able and capnW ; to h'"-", in:>e, rir "vn, purchnf!:-', Kcquire, hold, pos-n'^f?, enjo--. ori'l maintmn, to and lor the U3e of the said College, any mepsuajrep. IukIp, tencnvnts and hereditaments of what kind, r-atnre, or (j'l.i! ly wimtsievrr, stunto nnd beincr within the pn'd Province of TJ.'P'T C riafln, and innrpov r to take, purchase, ao- f] ih''^, hav:", ho'.l, <'njoy, receive, po="jes^ and retain, all or any, fjooils, chattel.-", (-'".ritieo. brother centribiitinnp, pfifts, orbenefac- tions wliatsoevn- : nndthnt th>^ s\id Council and their successorp, by liie sjinie nn'>i \ phfiH nnd m^iy be able and cnpKble in law to sue, and be sund, implead end bo imn'eaded, answer nnd he jin- ;-, or any oMier persons able and ca- pable in Law mnv or can sue, iniplcnd or answer, or be sued, im- jdeaded. or luis' ered ni :iny manner wbntsoever; any thiii'r in. tlie 8aid cliarlor to tlie rontrary ifintwitliP'nnduij. I li H !il } ^;' King's Coliluk. r 15. And 2it ii, tfv. That all monies received by the aaid corpott- tion fiom the sale of any goods or lands, or from grants from tiia erown or legialature, or contributions, gifts or benefactions whatBOO- ver, shall be invested by tho said Council so as to produce an annual income, and that tho annual income arising tlierelrom, and no moro ■hall be expended by the said Council in furtherance of the objects of the said corporation, and provided that whenever the annual in- come aforesaid togclher with such sum ur sums as may accrue from tho leasing of any of tho lands with which th« said College has been ormay bo endowed shall exceed six thousand pounds ov'er and above BcholarsJupsthe surplus over and ubove the said sum of six thou- «and pounds shall be paid into the hands of His Majesty's Receiver General of this Province to he at tlie disposal of the Legislature for the promotion of education by the erecting and endowing of Freo Grammar Schools in tho several Dialriots in this Province. 16. A ni he it, ^-c. Tliat it shall and may bo lawful for the Council oftho said University to .suspend from I-is office the President, or any of the Professor?, Tutors, or Lecturer.'?, or any members of the said Council, who shall be mcapacitated by bodily imir.nity, or for any other just and reasonable causo to the suid Council appearing : provided tliat the grounds of every such eusponsioii shall be re- corded in writing, and verified on oath of two or more credible and diaiiitercstrd witnesses, and be entered ond recorded at length on tho journals of the said Council, and be signtnl by the Chancellor or President of the said Council. 17. Aiid be it, tf-c. That every person j-o sut-pended shall there- upon cease to be a member of such Council, or President of tha •aid University, or a Professor, Tutor, or Lecturer within the •tme, as the case may I>e, unless and until he shall be reK> torod to and ro-ostablished in such hiss'at'on therein, by any order to be mado in the premises by tliat branch of the L-'-r^slature by which such member was appointed. 19. And he it, cf-r. That it shall and may be lawful for the Council of the said Colicjjfe from tin)e to time to efttablieh scho- larahjpe iu tho said ('olloge for tlie benefit of the pupils o^' the District SchooUi in this Province; Provided that the amount of each scholarship shall not ci:ceed the annual valusj of Fifty Pouiide per annum. 19. And be it, tfc. That it shnll and may be lawful for the Mid College Council, and all persons whatsoever attached to tlie Bcid College, and they are hcroby required nt all tinjes \v\thn\it re- ■erve to Jay before' the eevernl brr relies of the Legislature of this Province whatever information shall be by them, or either of them, from time to time required relating m any way what- ever to the said College and the ronc( rns tiiereof. 20. And be il, y the said Council to appoint a tit and proper pet- son to discharge tlio duiios of tho snid Proffissor, Tutor or Lecturer, •« deceased, till tho next meeting of tho said Council and no longer. 25. And ha it, cfc. That it shail and maybe lawful forthc BaidCuunt cil, at their appointed meetings, and they are lieroby required to ko«p at every ^nch mooting, a J'-urnal of their proceedings, fc-nocifying tho day and hour of assembling, the names of the mc-iibers of thi Council in attendance, tho resolutions and matters proposed, wifh the names of the memhrrs voting for and against each resolution and matter whcthoi" tho same b« rejected or adopted by tho said Council, which record or journal of tho said proacedmgs of tho said Council shall at al? reasonanio times be open at the snid College, to thoinspsc- ^^n of the vii^itor, C'lancellor, and clhii members of the said Col- lege, and bo laid before tho sovpraj liran-ihes of the Provincial Legis. lature whenever by them or either of thfijn required so to do. 26. Audb« it, ^e. That no religions lest or qualification whitercr •ha]! b« required cf tny Chancellor, Prssidcnt, Py.feonor, Tutor, t! KI^'tJ*« CoLLitGii. LucluroT, Sehulur, ur uther Po<-iiou buiiig a caiididatu tor uiij Kilda* tioa ur honuur iu tliw tia\d College, uur kliuU tliu uli^ijilily oi' ai./ |>()tooa to uny of Ihu aforuitaid trilaliuitM in thu buiJ College, or Ui diiy other dtatiuu tliut iiiay hereafli'r [>■» creiitod, bu in any way uriiegi'B* arlieulnr f'Utli of any Biich caii^idalo, any tbin^ iu thu uaid cliUilcr to thu coi;< tiary nntwitb.standinfr- ii7. And be it, t^'C. Tliat from and aftor the paMning of this Ad, tlieie sliaU not at any time, Lo, or bo allowed to he \»'ithjn the saiil C'^llej^'a nny public professor, loelurer or teacher of doctrinal divinity, accord- ing lo the articloa offuilh professed by tho United Church of Englan.l and Ireland or according to tho crcfcU or failli of any other ciiristian, or other religious church whatever, any thinjj in llw said churLer in tku contraiy in any wioo not vithutandiiig ; and it ihall not be Uwfnl for the said Coani^il to apply any of the uinda now or at any liinj hrroafter belun{jin(r to tho said lJniver»ity, to tho iupport of any pub- lij professor, lecluver or teacher, ot HUch divinity: i'ruviJed alicuyj, '.I'hat nothing; in lhi.< act bIkiU extcniil or bu (loiibtrued to extend, to prevent tho aUidenta and jneinberd of tho haid Uiiivoisily by tiioni. eelvea ur their parents, {ruardiuus, or friends, from enifaginof ])rivato tutcrs for their private instruction iu divinity or in any other art or sjionco within tho said Cojlcgo. 2B. Ai.d be it, d^a. That it t-iiall and may be lawful for any member of tho '>;aid Council to adminii'ter any oath required by thi;> act, and any person convicted liefoio any court of compoient jcribdiclion in this Province, of wilful and corrupt false swearinjf under any oalU adminiMtered aa alorcsaid, thall bo deemed and taken to be RUilty uS parjury, aiid siiall be liiiblo to the like punishment as can bo inflicted by tho lawti of this Province for jiorjury. «!'J. Add b1 the preaent President thereof, the ^-.tiid tilualii,,n shall be filled in all times to como ly tho C'ouncjl of the said College, any thing in ihii (.'liurtcr of tho tsaiJ College to tho oeuUary thoreof, in any wiso uet- withatandin:;;. 3U. And Ir it,S(C- Tluit the vifiitor of said Collcgn «!iall b« m- [.ointod by the Council thereof, any thing in tho said L'iiartor to Ihj I eontrary notw thatunc'ing. (.Si-iiod) MARSHALL S. L'IDWELL, P;iEaranrf. Cribuoi), Mtickejiziij, Halloch, Mcrritt, Morris, Farke, Perry. Rymal. ShavBr, li^mnl!, -i>i;i;ArioN, i>i IjUUilt, Ai'( ;rac, M'Dojic.l, foT lilcHpMiy • M'DonoU, [.jf blon.ioiilj W'llltOiil, t'owan, Ricljuidson, NVolli, Wilb(»ri, VVooh'ertnw, Yii'^cr — 33, "NAYS, Kobinson, \\';lli.iii«u)i— 5." Truly extracted from tlio Jounials of tho As«omI)'y cf Upper Cuna- da of Iho find day of April, 18J:3. (SSijiiied) JAMES FITZ(uIBIK)N, Ckr!; vf Asitmbly. An Act to promuti Htliicatiuii, "^EiaiT'llLIlEAS it is necessnry to make more iujiplo provi- YV siuij fui' tlio Tuijcliors uf liic Coiiimun Scliools, and lo pruviiio inoaiisi io oiiahle some of lliu most taiciitcd youlli ill llio Province to pursue llii;ir studies in llie liiylicr St-mina- » i('3 of loarnii.;^ wliicii urn now, or nsay licioaffor be t'siaij- lijlii-tl in this Provinco ; /it if thcrrforc. enacted^ Sfc. That liiu ninth clausi; ul'an Act passed in tiie rit'iy-slxih year of tlie rei;^n of His l.lo INIujesty Kiu^' Geoige liie Tliird entitled, " An Act j^rantin^' lo His iNLijesty a sum of money to he ap- plied to die use of Common Schools tluoufrliout this Piovincc, and to provide for tho rcgelalions of siiid Common Schools," be and tho sumo is hereby repealed, 2. And he U farihcr enacted, i^'r. That it simll and niny 1)0 lawful for the inliabitant householders of each and every Township in this Province, at tho Town meeting to be held on the fust Monday of January in each and every year, lo jiominato and appoint three fit and proper persons to be Su- perinlcndents of Scliools iik tho Township for the year ia which ihey shall ho so appointed. du the "^ J - ;■' -- - ri — ■• ' 3. And he if further enacted, j^'c. That it shall bo tlio ity of such Superintendents to appoint u time and pluce ia ...e Township for which they shall have been chosen, wheie till Scholars are to attend who may consider then. selves to have made such progress in learning as to qualify llieni to become candidates for the superior Sciiools ; and the said Superintendents sh;ill, fro^u among ths Scholars so assembled, selec t ll irce f the most tulcn ltd and promisintr, whoaio to I ill 1/ III i luo eaiKlidates fur admittanca iuiu th« District School, o/ suc'i Edltatiux. olhcr ieiiilnarles of Icarnms; vrhich are nov or may hc*io»Apr bu cstnblihed in this Province. 4. And be it further enacted, ij'c. That tlie different Su- perintendents ill each and every Township shull, at their ';' ♦ meeting to bo held before the first day of June in each .J..- every year, nominate and appoint a fit and i^ropcr per- son to bo a mentber of tlie Board of Education ; nnd thiU the several members hereby appointed in each and every District shall constitute and fot tii tiu) liouid of Education for such District. 5. And bv V further fnacted, Sfc. That ihn Board of Edu- cation hereby established for each and every District of this Province shall meet on tiic Monday of the wrr-k in ivliirh tho Court of General Quarter Sessions for such District is to bo hfdd in tho monlh of July, and at (he [)l;ico where tho said Court is to be held, and in the month of June it) such places where tho Quarter Sessions is litld in 5\\\\e, imd then and there appoint their Chairman, and trnnsnct suci) business as tho laws of this Piovince auihorif.o the present Board of Edu- cation to do ; that threo members be a quorum, utid that sucti members as attend bo eniiiled to ten bhillinL's p( r diem, pro- vided the number of days docs not excrrd three. 6. And, be it further enacted, ^^c. That so soon as the Board of Education in each Distrii t sliidl consider it advisa- ble they may, before assigning to tliu Teachers their annual saliiries, reserve a sufficient sum for payinti; ihe boarding and tui;ioii at tho Dist:ict School, or other seminary to be select ed by the said Board, of such select numl)er of scholars front each county, not exceeding eight, as shall be chosen by such me:tibers of tho Board of Bklucation as s!)all have been .ap- pointed in the different Townships of such County. 7. And be it further enacted, S^c. That so soon as the Board of Education in each and every District in this Prov- ince shall find that the state of the funds wilt admit of it, they may set aside a sufficient sum to pay the boarding, tuition and wearing apparel, of one or more select Suidcnt or Students from each County, in order to enable him or them to pursue his or their studies in the higher seminaries of learning, such Student or Students to be chosen by such members of tho Board of Education as are appointed by such County. 8. And be it further enacted, S^c. That no Student lent eillier to a District School, or any other Seminary of learn- ing, shall bo recalled in a shorter period than three years, unless such members of tho Board of Education as reside in the County from which such Student shall have been sent will ananiraously agree. ■'mm E »l V.ATIOX. 9. AnJ bi it furthtr enacted, S^*c, Tiiaf iho Br>ard (»f Education in encii :ind uvrry distikl, sliiill, at its Motting in tho months of J(iiir> or July, uppoiiil a time and pbico in cacli county where nil Scliooliriastois ot' such county shall nttrnd tti be publicly examinod by thn Master of the District School, (lidod by such ISltMubcrs of the Boiud of Educution ns rcsida in such count}'. 10. And he it further enacted, <^«f. That the Bonrd of Education for each and every District, may cause its Ch-rk to acquaint the Sfhoolinastcrs, nt least six months pcovious to examination, of the time nnd place wicrc such exaniinntion will be held, and (he particular branches of education for which pii/f;s shall bf» award«d by one of tho Trustees of the Com- in.^n School for wliich he is the Teacher. 13. And he it further enarted , 8fc. That tho Master of (lio District School and such Members of the Board of Educa- tion as have attended the county examination of Sclioolnias- ters, shall be entitled to ten shillings each, for cv^ry day ne- cessarily employed in the said examination, provided it does nut exceed three days for any ono county. 14. And he it further enacted, S^e. That for tlia mainte- nance and encouragement of education in this Province, there sliall be established a fund, to be entitled, " Education Fund," which said fund shall consist of such sum or sums as the Le- gislature shall deem fit to appropriate for the same from the revenues of the Province ; secondly, of the interest of the proceeds of the sale of tho school lands, and all interest ac» eruing from the proceeds of all other sale of lands appropri- 9ted to education ; and thirdly, all such monies as may be available from the leasing of land for the purposes of educa* tlon. 15. And he it further enacted, Sfc. That all sums of money already paid into the hands of the Receiver-General of this Province, or which shall hereafter bo paid to him, as the pro- ceeds of land sold to promote education, shall by him be ia^ rested ia the ]jurchase of any Goveromeot debeoturei autba* ^^ ^ ^ „«5> ^f^Si^ .0 V^^*. ^r IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 I.I 11.25 I4£|2j8 |25 u 114 :S 1^ Illli2.0 V] / ^^.p ^Jk V* -^ y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716) a72-4S03 ■ :,ij^*'-.-'h -^-':i.'i,::\'^. And he. it further rnnrtcd, t^T. Thnt in fiitl of the pro- srnt iippropriation for ti)o siippoit oi'coninion scl'ools in each and every district of this Province, fheie sh.'ill ho granted to His Mnp'slVj anniiiilly, the sum of (welvn thousand potinds, to he (iistrihiitcd among tho several dislrlcts in the manner hfr(?;tff<*r providod, out of any monies which are now raised nnd levied, or which ntay heroafier be ifaised and levied by the authority of Parliament^ to and for the uses of this Province. 17. And he ii far liter cnaeted, ^'c. Tint it shall and may be lawful for tl (Signc^V M. S. CIDVVELL, of iNJarch, 1835. ) Speaker. On the quosiion for passing the bill the yea» and nayi were taken a* follows YEAS, Al B ,vny, rovvn. B CI ruco iisiiolm. Cook, Cornwall, J)iincombe, of Oxford, Duncombe, of ISorfoIk, Durand, Gibson, Gilchrist, Go wan, HopMiis, Jones, Lount, McCrae, MoDonoll, of Glenjfarry, crntt, oore, errv. McDonell, of Storraont, Mackay, Mackenzie, M Richardson, Rymal, Shaver, Shiblay, Snuil!, Thorburn, Waters, Wells, Wilson, Woolvorton — 33, NAYS. Attorney General, Rykert — 3, Mac nab, Truly extracted from the Journals of tlio Assembly of the Slst day of March, 1833. (Signed) JAMES FITZGIBBON, Clerk of A&semblu. K3 s Ijr.r.us Elect loiv. An Act to promott the freedom of EUciion in the Counft/ of Leeds. *anffi7nEREAS, to promote tlip fpoodom of Hleotion in tlio VW County of Leods, nnd obtain a tiiir rxpression of tiin sentiments of electors in tho choice of meinbcMSto rf'prrsnnt the snid county in Parliamrnt, it is dcrmod expedient to hIiet rnd nmend the election laws of this province, so far as the same relate to the sni'eby re- pealed in 1 elation to the s-'id county of Leeds, so fur as the jirovisions thereof vary from this net. 2. And be it flirt firr evicted by the authorUif aforesaid, Tliat hereafter tlie election of members to represent the said Coimty of Leeds in I'arliament sh;ill he held at tour places within the said county, and for that purpose tlio said county shall ho and is hereby divided into Four Sections, And that S.iction No. One, shall be composed of the Townships of Kli/.abethtown and Yonge, and the place Ht which the elec- tion shall be held within such Section shall be at Colman's C'orners in Llizabethtown. Section No. Two, of the ton-n- ships of I^eeds and Lansdowne, and the phire at which the flection shall be held within such Section shall be the ^'^iilajje of (iananoque. Sf^ction No, Three, of the townships of Kit- ley, Burgess, and Ehnsley, and the place at which the election shall beheld within such Sectien shall be the \ illage of Smith's Falls. And Section No. Four, of the townships of I'astaid, North Crosb}', and South (/rosby, and the place at which the election shlall be held within such Section shall be the vil- 1 igo of Beverley. S. And be it further enacted hij the authority aforesaid, Tiiat besides the lleturning Ollicer now required to be np- pointed by Law, it shall bo the duty of the Governor, Lieu- ten int fi vonor, or person admiuistoring the Government of this Province for the time being, to a[)point in like manner a l)oi)u!y Re urning Oil! '.er to each of the three of the said Sections, whose duty it shall be to hold the election in t!;e Section to which ho shiU be appointed, ia the same manner, and subject to tne same responsibilities and penalties as Ro- t irnin'^ Otlicers for counties are now liable by the laws of thii Province, and to return to the i'eturning Olficer appoioted f jr tho said County of Leeds the Poll Rook for such Section, R«conf»n:\nied with nn adi.iivit of jiich Deputy Pieturning *, < Leeds Eli'ctiox. ^ OfRcftr and his Poll Clork, sworn before somo /uslico of ilia Puuco of (lie District of Jtihiistown, that tlio Siiiue coiitiiiiis a iriio and correct record of the votus taken ut such scctiou uluclions Hccordin;; to the provisions of this act. 4. And he it further enacted hi/ i/ia authorlli/ aforesaid. That tlie KeturuinfC Ollicer for the said County of Leeds shall take thu voles in such one of the said Sections ds he siwill he directed to preside ut in his appointment as Uuturnin^ Oilicer for thu said county, in the same manner, and under the same respoi:sibilities and penalties ns other Iloturnine received vuies in the section for which liii was appointed to preside, at eleven o'clock in the ioreiioun on the teiith day aflor the coaimcncement of su'U section election (unless such day falls on Sunday, tln-n en the Monday following ;.) and in the presence of such of the can- didates, their Counsel or agents, and such persons as may bo then and there assembled, shall exhibit llie said poll-books, and return as duly elected the two candidates who have, on the poll-books of l!ie four sections, the highest number of K'- gal votes, taken according to tlie provisions of this act, in the same manner as if the election for the said county had Lccu vv holly held by ihe said lleturiiing-Oiricer in peison. [). A, id he it further enacted hi/ the authority aforesaid. That ilio eleclloii in each of the said sections shall begin on tliP smio (lay, and the time of keeping open tiie P(»ils Iim- re- ceiving volOo shall be tlie same as ii now lequiied by ilia laws of this province at oilier elections of members ol As- sembly, except that on the sixlh day, if 'he election s-hall continue so long, in any section the poll shall be closed ut three o'clock in the afternoon. 0. And he it further cnadul hi/ the anihoriiy aforesaid. That the choice of representatives for the said county hhall bo ascertained by actual polling of votes in tiie manner pie- si'tibed by this act in the respective sections ufoicsaid and not otherwise. 7. And he it further enacted hi/ the outhnrity ajoresald. That bi'fer*} proceeding to the discharge of his duly the lie- tnniiiig OlTioer for tiio said comity shall lake the sumh oadi req lireJ by law to be ta'v.m by otln;r Uelurniog Oiriceis at tlectioas of inombeis of Assembly in this province, and il.ui ' LeeD3 Elkctfox. every Dcj^uty Reliuning Officer sliuU tako and subscribe tlio foilowini: oath : *' I, A. U. do solemnly swear that I h ivo not directly or indi- rectly received unyiMrnor sums of money, oil'rr, plnco or eni|)lijym«nt, gratuity or rf'.vo !,or any l)(>n'-l, bill, or notf, or an}' promiso or gratuity wii.''.i.>>ot.vL'r, (.'alier by myself or any ol'ier person, to njy nso or benelil or adviintajc for niaMn':' any false or incorrect statement or return in llio Pull Cook, required by law to bo b}' me transmiited to the ileUirning; officer forlhe county of Leeds, and tliat 1 will conduct myself Impartially, and without favour or aPreclion to any party con- cerned in the present clu'ction for tho County of Leeds," which several oaths may bo administered by any Justice of the Peace of the District of Jolinstown. 8. And be it farthn' enacted bu the a:>tJt'>yi/f/ nforcxaiif^ That the electors residinrj in each of t!io s.ud seciions iliall voto at the election held in iho section wherein they am so resident, or in caso tho voter Khail not be; a resident of tlio county, but is oihcrwise le^jally cpiidified to vot3, he shall voto in the section in which the property on which he votes ia situated. Provided ncverthcleRS, that nothing herein con- tained shall prevent or he construed to prevent any elector cnlitlod to vota in the said county from voting in any of t!)« said sections if iio makes oath (or alTirmation if a Quaker) beforo the Returning Officer or Deputy Keturning Officer presiding, that he apprehends personal injury or insidt if he attempts to vote in the se^'lion in wliich ho is s) reside nt, or his propor'.y is so situated as aforesaid, or that it is inconvenient for him to vote thereat, fas the case may ho^. And provided also, that besides tho oaths that may now by l.iw be adminis- tered to electors, every elector before he shrdl be admitted to vote shall, if required by the Returning Ofll.'er or Deputy Returning Orficer, at any section election at which tiie voto is «>ffered, or an}-^ candidate thereat, his counsel or a^'cnt, or any freeholder of tho said connly, lake tho followi.-'g oath l)cfore tho said Returning Officer or Deputy Returning Ofii- cer, who is hereby authorised and required to adminisier ihe same : " You A. B. do solemnly swear that you have not before vot- ed at the present election U)X tl»e County of L?e(]s in any d other section tiian «he one at wliich you now come lorwart to voto ; that you reside in (^tato the place), and that the property on which you now pvnpore to vote i'< situate ia section No. (-Mating tho tMiniber of the section)." <•). And he i( further rrHiclerl by the dvt'iorifi/ aforesaid. That tl saul ueturnio;; v'liirci' aiK D. IV I?eturniii'» Ofti- iily £crs for the siiid couniv, rroin ihe tiine tiii.v aie respcctiv dy I c Lci:.03 El.CC'I lOX. y appointeJ sucli Retiirnini^ O.Ticpr ami Drputy ReKirning Ort;- Curs i.mil tlie clt'ction shall ijii;illy bo dechirt'd hy the Kefiirn- inj^ Ollioer as aforesaid, shall bo and are horoby declared to be coiisorviitors of iDe peace, and sovt'rally vest'^tl witii the samo powors for ilio preaervation of tlio poaco and upprchen- siori and coinmiital for til;i!, or lioldinc; to hail of violaters of llio law as artj vested in Ju.^tices ol" the I'eace in this Pro- vince, and that the said Rcturnin-j; Oiric«*r and Deputy Ifo- tuming Oirtcers may, and eac'i of tlicni is liPrehy required to nnpoint and swiar in such a:.d s.) niaiiy special constables as he may deem necessary for lluj [)re«ervation of peace and or- der at and during the ifctictn election for uliich llio said Ra- turning Oriicer or Deputy U.imning Ollu:er may be ajipoint- f-d, iuid for such liine thercaficr as iiuiy be deemed expedient and necessary. 10. And i)& il further awe ted bi/ ihc r.utjiorlhj aforcsaiJ That every |,>ersoa wlio sh;;ll rofu.so to be swurn in as a spe- cial constable or who shidi nc^L-lecl his duty as such, without a legal e\cu3r', and every person uho may by thre.its, force or vioienco attempt to de.stroy tlu? iVeedom of any of the said seciion cl(.ciions, or hinder any elector iVoni conurtg furwaid to vote thereat, or create any unnecessary noise, inierrnption, liof, tumult, disturbance or disorder thereat, or ihrcuten or usa violence to any elector who may have voted, oij account of any vo.e i^iven thereat, shall be deenied guilty of a higli niisdvaieanor. 1 1. And be it farther enacted hy the axitJiorlty aforesaid^ Thdt every Justice of the i^^acu in the District of Johns- town, who upon beins recpiired by the Returninji Offic'or or Di'puty Reti!r!iinr '\i)y cundijato at any e'ci-lion i\)i- the fOun;y of Li'iiLs to didy appoint under his li iiu! aiiy eiuiiber of persons r.ot c-^cjedinij three to attend !!: !i;s stf.ivl at Riiy oi' tiif, SLicii;,!;';, who sh;dl be pmpo^v'cred i;:;J auil.oi i:Tf'd to tiorf'tir!, -jo u:i :-.% lo question or scrutinizinjf V'j.'e.-;, tii;i; (ul^iii or ci.ui.- be coi.c by ;>uch ccndidafe, if pci- si;na;!y picscr.!. w LKKIJ3 ElI^CTIO.V. 18. And hi it further tumttd hff the author if i/ nforesoi.'!, TliHt if any person or pfrsons shall bt; t^iiiliy ol ("also s\ve;ii- nj, in any Oittli rp(|nired hy tiiii act, ho sh ill, on conviciiuii thereof, sufl'er the like p.iins aiuJ penalties to which any ollu.-r porson convicted of wilful niul corrupt perjury is li^iblc by tlio Ir.vvs and stafiitcs of tins Provincv 14. And he it further cuactcd hij the lUithnri/i/ nforesnid, iriiiit tiie votes taken hy virtno of the provisions of tlii.> act, shall be by ballot, and it shall and niay he lawful lor the Jletnrinor Officer and D.iputy Retiirnintr Ollicors apj)ointcd to hold elections, apreoable to the provisions of this act, to appoint each a Poll Clork who shall take and subscrihu tiic oath P.nppndod to this act. 15. And be it further ennrfcd In/ the authnritj/ aforesaid^ That it shall he the diiiy of the said i*nil Clerk, under the direction of tho Returning O dicer or l)e|)uty Iiemrning Odi- cer to take down and record the names of the voters, their place of residence, and tho description cf freehold upon which they vote, in a poll hook, ir.cpared as near as circutn- stances vvHl admit, agreeable to the forn> now prescribed by law. 16. And he it further rnaticd hi/ the avthority aforesaid, That each Returninc; Ollicer or Deputy Returning Oflicer shall provide a box of commodious size, with a double lid or covers -0 the lower ef which 1: is there shall h^ a hole of not more thin suflfioieiil si/.o convenitMiiIy to admit the slips of pa- per containin;T the vatos of the elf^ctors, so that such slips roay readily pass to the botloiti of the box, b-'twemi \vl;ii;li lids there shall be a sufltiicnl space to contain tlie J'(dl IJotk ns liereinafier mentioned, both of which lids ^llidl Le jiLvi- tled with a separate lock and ke}'. 17. And he it further cnacfcd hy the authority afnnscild, That every person didy qvialified to vote at any of the siiid section elections, and desirous to do so shall openly deliscr Iiis ticket to the Returning OfTicer or Deputy RclurniDi; (Jlil- cpf in present of tho swoin Clerk, and such of the cainli- dates, their chirks, ajrents and counsel, and other prrions ;is may bo present ; upon which ticket shall bo written or pilnt- cd the namr) or names of the candidate or ciindidates lor whom tho elector desires to vote, and the sai;I ticket sliiil! i ■■; so folded up as to conceal the cnr.tents thereof, and upon \\w receipt thereof the Rotuining Officor shall cause tlit^ nanic of the voter to bo entered by the Cleik in his Poll Book, nnd shall in presence of the voter, clerk, and candidates or tiitir agents or counsel, or such of them as m.iy he presoiil, put or cuisp to bo put, th ' ticket uniiispected into the box, tliion.h •the hole provided thiroiu foi ti:c puriioso us afores .id, I'la- \\v Li:r.LS I'l.rcriON. lilt 'ir ou.h \'a]('i] ;ilwnyo, (liat iielllKi' tlie licdnning Oflioer or Drpiity Il('tiirnin<.' Oil"ic<;is sliuH phuo iIim liclwjl ol' iiny votrr in tliu box until tlje Siirim tiinvjiiis, qiu slioiis, or sciuliiy, bhull liavo Li'L'ii liiiil liy «.'iilicr of I'.iu caiiiliilntt's |;rc\si?iit, or tlitir »!•.'« ii!i., or iiiiy Ol:',' Ol" Um) cLctuis picsi-iil, u;ui ihu siuno oaths of qinliii!.'ali;>;i ailininistciXM!, 11" n,i;ni;( d, as iliuii^li the mode ol' votiiij; V..1S not liv l);i!!<-t. IS. And br. it further enacted ly (he authority aforcfaiil. That at cvoiy ailjotiriiniciu i;t' ll.u |t.:II ilio roll liook sliall be put l)i't\v(<{!n llio lii.'.s of ih') said 1;(),\ ami locUoil lliurc in, bntli of ill'! kt>ys of w i;ii 11 ;;!iuil Im kc\a by tliu Uutuniin}» OlHcer or Deputy Ki'turriinj^ Oliicor prosiiliit'^'. Provided al- ways, lliat any cap.didalo or iiim-sou aotin^ in his Loliaif, sliall bo poiniiltod by tlio UeturniD'^ OlVucr or Deputy Uotuiiiiiig O nicor, on roc, icst, so to affix liis seal to tlm said box, so u^ lo be ciiali!;>d to (If.toot any clandistiiK! opening tlicroof. 10. AnJ be it fiiri/iitr euai.leii by the authurity ajoresairf, That aluM'lho final cljsiii;; of luo Poll at any soc'.ion tduc- tion,tlio ri(!turnii)j; Olfjcur or Dtpiity lloliiriiinij OHkor prc- sin:iid, or more than tho proper nundjor of names writlen or piinteil on any ticket tho whole of the conleiil.s f such tickets hliill be dcwtroved and 'stiinatei w hen tlio canvass is completed tho Iteturn- iiig Officer or Di.'piiiy lleiuriiiii!: Odice'r presiding shall cause tiu! clerk to enter tiio respective luiinijers lor each caHdidato 10 be written in full words in some plnce stjt apart for that purpose i!! tiiO I'oll Uook ; wbieli boul; shall bo returned by the several Deputy Ueturning Oliicers to tho Ivoiurning Of- ficer for the County, who sliall llieic from and from tho Poll iJook kept under hii own diieciio.i eausc the Clerk of tho Section over vvhich he* piesidet! to make up an agcrcgate statement of the whole nuniber of voies for each candiflate in full wonls ai:;reea! fol- iowi : — YEAS, Morrison, AU-.iy, ' IJrncp, , *" Chisholm, Cook, Duncombe, of Oxford, Dnaconibe, of Noifolk, Dnrand, (jibson, (iilchrist, Hopkins, M'Djnell, of Stormont, M'Intosh, M'Micking, Moore, Parke, Perry, Koblin, Ilymal, Sliaver, Shibley, Smith, Thorburn, Waters, Wells, Wilson, Woolvorion, Yager— 28. NAYS, Uichardsorir lli)binson, Ilykert, fc^iiangf, Tayl(-r, Walsh, AVilkinson — Ij,. Brown, Caldwell, M'Crae, M'Dor.ell, of Glengarry. M'Lean, MHcNab, M'dloch. Morris, Truly cxtrarlod from the Juurnals of the As- semblv, of the llthdav of April, 18C5. (Signed) JAiiES FITZGIBBON. Chrk of As'jcr,\bij. r. ^