IMAGE EVALUATION TEST TARGET (MT-S) /. {/ V. is ,*»* C ^° ^.%' [<>/■ %• m. m.0 1.0 I.I 2.5 iZ 1.8 1.25 1.4 1.6 -< 6" — ► V] <^ /^ v: ^c-J c^m>'.^> ;^ '^F /A PVinfnorpnViir ^ X Jt\^ i-V-^ j-^B ■»— .jp^JL. — ."^J Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4S03 m iV :\ c^^^ \ V % V 1^ 6^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notas/IMotss tachniquoa at bibliographiquaa The institute has attempted to obtain the best original copy available for filming. 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Whenever possible, these have been omitted from filming/ II se peut que certainos pages blanches ajouties lors dune restauration apparaissent dans le texte. mais, lorsque cela 4tait possible, ces pages n'ont pas M film^es. Additional comments:/ Commentaires suppldmentaires; L'Institut g microfilm* le meilleur exemplaire qu'il lui a iti possible de se procurer. Las d^^tails de cet exemplaire qui sont peut-itre uniques du point de vue bibliographique, qui peuvent modifier une image reprcduita. pu qui peuvent exiger une modification dans la m^thode normale de filmage sont indiquto ci-dessous. ■'hs tot D n B D □ n D D Coloured pages/ Pages de couleur Pages damaged/ Pages endommagies Pages restored and/or laminated/ Pages restaur^es et/ou pellicul^eb Pages discoloured, stained or foxed/ Pages Jdcolories, tacheties ou piquees Pageosed of it before my claim could be considered. It is under these circumstances that I now present my claim for equitable relief. You will observe by my former memorial, that I only ask for the return of the money I actually advanced the recognized agent of the Canadian Government for R'ciprocity Treaty expenses, which he ackno- "ledges, and also that he has never repaid me. But, at the same time, I ask for a just consideration ot all the facts. I am satisfied from the evidence, that Drummond and Andrews conspired together to get possession of Senator Douglas' letter in my behalf, £o as to prevent its being laid before the Canadian Government, fearing no doubt that the facts it contained, if known, would frustrate their intention of defrauding me not only out of the fruits of my labor, but the money I had advanced. In this view it is cl< ur that Mr. Drummond's statement that ho has lost the letter,* is a mere subterfuge, for he does not pretend he lost it immediately after it was placed in his custody, and he does not attempt to explain why ho did not, at the time, present it to the Government, as he was pledged to do. Having obtained possession of the letter, he suppressed it, anrl )aid no attention thereafter to the acceptances he had given in order to secure it. The in'cience is, therefore, irresistible, that having acted in bad faith in the matter of the accaptances--- having acted in bad faith in suppressing Senator Douglas's letter, when he obtained it ostensibly for the sole purpose of immediately placing it on file in Canada — that his state- ment now, that the letter is lost, is improbable ; and that his obtaining it from me was a oouspiracy between Audreys and himself, by which to pre/ent my just claims from being insidered. All the statements heretofore presented are made under oath. I shall also append an affidavit to this memorial. In conclusion, allow me to say, that I urge my case solely upon its equities. I do not propose to raise the point as to whether the acts of the agent, as a question o/ law, bind the principal. It would be an insult to the honor of the Canadian Governn.'^r.t * ruppose, even by implication, that it desired to avail itself of mere legal technicaliti -shoiild sUch exist to avoid the repayment of money actually expended in its behalf, and for its benefit. Believing, therefore, that the Government of Canada, in its official character, is as honorable as the members composing it are in their private relations, I appeal to its sense of justice with entire confidence. I feel, too, that the Government cannot hesitate, with a knowledge of the facts before it, with endorsements of my integrity from such distinguished men as United States Senators Honorable Keverdv Johnson aiid Honorable Alexander Ramsey, and from the Honorable Caleb Gushing (U. S. Attorney-General at the time the Treaty was coacluded), to place credit in my sworn statements, and to refund the money I expended in its behalf, as a duty due alike to its own position and the justice of my cause. I am, Sir, Your obedient servant, GEORGE W. BREGA. [T/te original sworn to before a Commissioner, at Ottawa, July Brd, 1867-] The enclosures consist of : !?.t. Affidavit of John W. Fowler. Esauirfl. as to Hon. Lewis T. Drummond's acceptances. «nd. Letters from Senators Reverdy Johnson and Alexander Ramsey, and from Hon. Caleb Gushing, late United States Attorney-General. • See correspondence with Mr. Drummond in former memorial. §' Mr Andrews' notes of ham!, vmd Mr. Drammond's acknowledgement as to his having rccclv.'d Senator Douglas's letter, are m\ lile in tho Ex-MMtiv,. Council offit , hnvinpf been placed there in 1864, with the > nn irmer memorial. BntRF ACCOMPANYING MEMOUIAL. In tho mattflf of George W. ureg-a, a claimant hr tho iefuudlug of csrtair.nioaeys iiuv'axujet- by him to the recognized Agent of the Canadian Government, as such, and for services in connection with tho Treaty of Reciprocal Free Trade between the Provmces of British North America and tlio United States, As to whether the Ordir in Council, of 14th March, 1863, and the Address of Parliauient of 25th June, 18G4, should bo equitably construed so as to extend to the relief of said claimant : On the 25th June, 1804, an Address to the Governor General was passed by tho Legislative Assembly, praying him " to recommend the payment of the balance due by tho Government for certain expenses incurred in carrying out the Treaty of Iteciproc^l lu-ee Trade between the Provinces and the United States, in accordance with an Order m Council passed on the l4th day of March, 1863." This Address was passed by a vote of 59 to 1?. The Order in Council referred to was based upon a \ oport, which took the ground that Israel D. Andrews, having been recognized by the Government of Canada as its agent in connection with tho Reciprocity Treaty, the Government was bound in equity to carry out in good faith the acts of its agent, and to repay moneys expended, and pay for services rendered in connection with the ,said Treaty, under the direction or sanction of the said atrent. Certain expenses were stated to have been thus incurred; and they were directed to be paid, upon tho principle of responsibility for the acts of the agent, and the ground that the honor of the Government could not permit individuals to sufier for services or moneys advanced in its behalf, at tho request, solicitatioa or by direction of its recognized agent; and it was acknowledged that the authority of the said agent was not hmited by any express terms or direction. The rule, therefore, adopted by the Executive Council, and endorsed by the subsequent action of Parliament, was a recognition of the responsibility of the Government, morally and equitably, for the acts of its agentj^T in the premises. The sum. then found due was all that, at the time, the Government had anv knowledge of j but the principle was not confined to any particular sum or especial individuals, and must equitably embrace all claims which are involved in the general rule adopted. To advance a contrary interpretation would be to assume that the Executive Council and Parliament adopted the general principle as a temporarv expedient, simply with a view of favoring certain individuals, and not upon the broad grounds of equity and justice : and that, satisfied with paying these favored persons, justice drops her scales, and refuses to carry out the only legitimate, logical and equitable conclusion and application of the principle, and which alone excused any pay- ments whatever. Such a position cannot be taken—it would be a reflection upon the honor of the Qpvernment., On the contiary, the Order in Council is plainly and unmiBtttk«Wy an cndorB«ment of the principle laid down in the report which it adopted, and the Address of Parliament, and hc'subsequent appropriation are a part of this record, They must be con- strued as expressing the intention of the law-maker, that all sums equitably due in connec- tion with the matter should be paid j the appropriation being, at the time, necessarily limited to the facts in possession of the Government. It was wholly a measure of equitable relief. The obvious intention was to pay all that was equitably due—not the selectiou of certain nersons. either as a favor to them or Yieldic? to their importunity, and excludkg others fiaving, at least, equally just claims. The Government presented ail the facts then m its knowledge, but asked lor the appropriation upon that general rule of equity which sought to pay for services in connection with the Treat;^, because those services had been rendered, rlalnia wp.rfi held hv Barticulat individuals. ~_J n.«<. 'K^^.n... tVin The memorials, affidavits and other impers, are in proof that the claim now submitted comes within the principle of the Order in Council of 14th March, 1863. A full explana- tion is given of the reasons which prevent? ----* - 1^:^ ""'"'^ "^' pr««ent claimant, in connection with the passage of the Ilec.procity Treat). 3rd The unpaid drafts of the said agent, in favor of the present claimant, dated Julj-, 1859 drawn on Hon. Lewis T. Drummond, as attorney for the said agent to receive the ItVduc I the Cwfan Government for expenses in connection with the Rcaproc.ty TJea%, and whkh draft, wera for.oally accoptotf hy the sa.u Lewis T. Drunnpopd. 4th. The uncontradicted sworn statement of facts, and the internal evidence they bcf.r of tkpir truth. 5th. The endorsements by U. S. Senators. Hon Ileverdy Johnson, af "^f'J^^f: ander Wmsey, and Hon. Caleb Cushipg. late U. S. Attorney-General, as to the integritj of your memorialist. Your memorialist prays that his case may he considerod VP'^'jJ^f f5"'.''f ' "^^'J/.'; curreLe tonatural principles of justice"; and whilst he maintains that the mtentipp of the iZm^keVtopayallthe Lxpenses in connection with the Treaty incurred by or through £ SmSon of the agent of the Government, not to nay particular imlividuals and none XtTs incontrovertible, he submits the following aufhorities. among the many existipg. for ikn application of the construction he asks : uTy intenaon of the legislator muy be discovered by looking at the cavse which moved the legislature to enact the law."— i5(carri«, 5(«. " fh^ cauBO and reason of the act (or, in olhi^r word*-, the mischief requirin^^ a remedy), may either be col- lected from the statute itself, or discovered from ciroumatanccs extrinsic of the act. -/6. DW. " It is a raU, though provision special, if reason general, general acceptation.— i/>. 567. "Every statute ought to be eipownded, not aeco ding to its letter, but acoordipg to tho meanipg. . ^■.- iar«d iSrSn ola aw, will penetrate the soul and spi.it of a law, and reach the intent and meampg of legSatSTtTti«e»a^ex%«m, a general rule, an unfversal madm, that in all eases the design aoH ini (.ball g»ev«l."— /6. 6§3. «A thing which is within the object, spirit and meaning of a statute, is as m".cb within the sti^tuto as if it «BM mAia tL lettei."— ^o«c/i and Slowdl, Phw 3«G ; 10 Rep. 101. "A remedial act shall be so construed as most effoctually to meet the beneficial end ;n view, and to prevent a failaw of th^ rledy ThuVit is laid down, that a .laluU vu,y U extended hy comtruciu>n iootner case, mihn !£rJ Uchirf, aid occasion of the act, though not e^preuli, r Uhm % toord»."-Dwarm, 614. " A remedial statute shall be extended by equity to otber pei-sons besides those expressly namcd."-i6, 017. "The reason why a case not within tUo letter of u statute is sometimes held by an equitable construetioo, to bo wi^n^Wm^Sg of it is * * * that a ease withip the mischief must have been intended to be w.tliin tbtt remedy of the act."~il. 616— ls< Jmf. 24. It is by no means unusual in construing a remedial statute to extend the enacting worijs beyond their natural import and effect, in order to inokde cases wi'.hin the same mischief. —lb. mi. It is not necessary to multiply these authorities : they uniformly express the same views, so well stated by Mr Wooddesson, in his explanation of the nature of equity juruprudence, that Meauity is a iudieial interpretation w laws, which, presupposing the legislator to have inteoded'what is fust and right, pursues and effectuates that intention.' In appealing to the Minister of Justice to give effect to the principle invoked in the Order in Council of I4th March, 1863, and the subsequent^proceedjngs^m ParhamMil^^a^^^ which, ot necessity must admit the presuui cUiui, tuiii g»v.,»i qun^wiy 5: -^SJ-j -- -y'^--^'-"• which given by Justinian and adopted by all authorities smce, declares it to be "founded on natural justice, in honesty and right, and which properly arises ex a^quo el bono. The en- the intent 'm I