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Most Humbly Sheweth : — That, your Memorialist has unlawfully and unjusitly been dissei/ed of a certain pro- perty lying ^'1^ being without the St. Lewis Gate, in the vicinity of this City, and containing a superficies of about 2^S acres, under circumstances of great aggravation, which call for the prompt interposition of your Honorable Board ; the said property so seized being in possession of tiie Ordnance Department in this Province, a subordinate of your Floiiorable Hoard. Your Memorialist will recount the circumstancesattendingoneof the m>>st extraordinary and unheard of acts of power which has ever been exercised in any dependancy of the Empire, and he ap- peals with confidence to your Honorable Board for that protection against aggression, which, as a British subject, he has a right to demand. In the month of March, 1839, your Memorialist acquired, by pi-rchase, from the Religious Ladies of the Ursuline Convent at Quebec, the property in question, about one-third of which was then held by the Crown, under leases expiring respectively, in 1843 and 1852, the remaining two-thirds, your Memoriftlist entered into immediate possession of. Your Memo- rialist acquired the land in question, with a view to give value to an extensive and most valuable beach and wharf property, which he had recently bought below the land so acquired, and for which beach and wharf property he had paid a sum of six thousand pounds, and upon which he has further laid out in improvements upwards of five thousand pounds morn. Your Memorialist saw the great value that would accrue from the purchase made by him from the Nuns, as it would enable him to form a Suburb in the immedia vicinity of the ship building and lumber operations on the River St. Lawrence, near this city ; house rent below the hill being at an excessive high rate, and almost every inch of ground along Diamond, L'Ance des Meres and Wolfe's Coves being built upon. That your Mi rialist in consulting with a practical gentleman for the laying out of the land acquired by hiiu from the Nuns, as a Suburb, was advised to offer to enter into treaty with the Military Government for the sale of the property previous to commencing improvements thereon, in case it should be .attempted by the authorities to throw impediments of any sort in the way of the same. That in consequence, the Agent of your Memorialist addressed the Military Secretary in the month of April, 1839, tipon the subject, and receiving no answer to his application, lie again, on the 20th May following, communicated with that officer, and received for answer, that the matter bad been referred to the Commanding Royal Engineer for his report, and was under consideration. That your Memorialist, although most anxious to commence his improvements, awaited from day to day an answer to the proposition made by him without receiving the same, when to his astonishment he observed in the Official Gazette of the 26th December last, an Order in Council, issued by command of His Excellency Sir Richard Downes Jackson, Commander-in- Chief of the Forces, and then administering the Government of this Province, appropriating the property of your Memorialist to the use of the Crown for purposes of Military defence. That your Memorialist alarmed at such an invasion of his rights, lost no time in addressing Sir Richard D. Jackson, praying that the term^ of an anterior Order in Council of Sir John Colborne'8, referred to in that promulged by Sir Richard D. Jackson, whereby it was deter- mined that the value of the property of your Memorialist should be determined by arbitra- tion, might be carried out with a view to his receiving compensation for the injury he had sustained. Tlrat your Memorialist received 'or answer, that his application respecting " the valuation "of his property recently required for purposes of Military defence, had bee t referred for " action to the Military Secretary." That your Memorialist addressed the Military Secretary, on the 4th January last, inform- ing that Officer, that in compliance with the Order in Council of the 2nd September, 1 839, he had nominated Mr. William Henderson, as his Expert, and requested that the valuation should be proceeded with at as early a day as might be found expedient. To this communication your Memorialist received for reply on the 11th of the same month, that " directions had been " given by the Commander of the Forces to the respective Officers of Ordnance, at Head .'"- 1 ) 5 MMM " Qiicrters, to appoint an Expert on the part of the Crown, with as little delay as po&sibie to " proceed to the valuation." That finding that the directions jyiven to the respective Officers of Ordnance, as stated in the above communication, from the Military Secretary, were not cerried out, your Memorialist on the 4th 1 ebruary, complained to the respective Officers of Ordnance at Quebec, of the de- lay in doing so, when on the following day he received a reply informing him " that Captain «' VVhitraore, of the Royal Engineers, had been appointed as the arbitrator on the part of the " Crown." It is right your Memorialist should observe that Captain Whitmore, himself, one of the respective ( (fficers ofdrdnance at Quebec, is one of the signers of the letter intimating his appointment as arbitrator to your Memorialist. Your Memorialist having, however, a reliance on the high character and honor of that gentleman and being unwilling to throw any obstacle whatever in the way of bringing the ar- bitration to a close, refrained from raising any opposition to the appointment ol one of the Members of the Hoa-d of (Jrdnance as snch arbitrator. That your Memorialist on the 7th February caused the draft of a Bond of Arbitration to be prepared by the Honorable Louis Panet, N. P., and an Executive Councillor, containing the ordinary provisions, as between individual and individual, and handed the same to Captain Whitmore, with a view to its being submitted to the respective Officers of Ordnance for approval or alteration, as might be judged fit. That your Memorialist was again subjected to unnecessary and vexatious delav by the Military authorities, and being un:a)ie to obtain any satisfactory reason from Captain Whitmore as to the cause thereof, he addressed the respective Officers of Ordnance at Montreal, on the 9th March, complaining of the delay in carrying out the arbitration, and received for answer, on the 17th of that month, "that the subject had been referred to the Commander of the " Forces on the 17th ultimo, and as soon as His Excellency's decision should be received, the " business would be proceeded with immediately." That driven almost to despair by the procrastination of the Milita.y antherities, your Memorialist, on the 16th March, addressed the Military Secretary, transmitting copy of the above referred to letter of the respective Officers, and prayed that the arbitration, as promised, might forthwith bf proceeded with. That in reply to this application, the Military Secretary, in a letter of the 18th March, in- formed your Meuiorjalist, « the^ in consequent of the apparent extravagance of some of the " propositions made on your part, it became necessary to refer the case to the Attorney General, " whose opinion has been transmitted to the respective Officers of Ordnance, with directions to " cause every circumspection to be observed in the negotiations." Your Memorialist was, and still is, at a loss to conjecture what the Military Secretary could have meant by his gratuitously accusing your Memorialist of having made extravagant propositions. Your Memorialist being unaware of having offered any proposition whatever, otaer than having suomitted the draft of an ordinary arbitration bond for the consideration of the respective Officers of Ordnance. That, on the 2l8t March, Captain Wliitmore transmitted to your Memorialist the copy of an arbitration bond, prepared by the Attorney General, which it was proposed to your Memo- rialist he should enter into, conjointly, with the respective Officers of Ordnance, and your Me- morialist already smarting under the weight of power and injustice was forced, of necessity, to acquiesce therein, and intimated his readiness to sign the same. 1 hat after a further vexatious delay ^ the part of the Military authorities, the arbitration bond was duly executed on the 6th Apr ist, before the Honorable Louis Panet, by your Me- morialist and Kichard Penn, Esquire, Ordnance Storekeeper at Quebec, on the part of the respective Officers at Montreal. f ^ ^ r TT P*^ J'^^t^" Experts, in conformity with the terms of the Bond, named a third Expert or umpire, Woah Ireer, Esquire; and after mature deliberation and a thorough investigation on the spot, an award was made on the 29th April last, in writing, by two of the tliree Experts, (the v.rown Expert dissenting therefrom, and only adjudging about £8,000,) of £15,000 to your Memorialist as an indemnity for the injury he had sustained in being deprived of his pro- That a copy of the award wae duly furnished to the respective Officers of Ordnance at Montreal, and your Memorialist had indulged a w«!l grounded expectation that no further delay would take place m bringing the matter to a close, and in handing over to him the indemnity awarded, and your Memorialist, on the 4th May, addressed the respective Officers of Ordnance at Montreal, craving the payment of the said award «„,! 1 - • *"•?"»«"]« ^1»« application, your Memorialist was referred to the Military Secretary, and having addressed that Officer, on the 9th May, praying a li.iuidation of the award, he •^// rece.ved for answer, a commumcation, dated the !2th of that month, acknowledtfinir the receiot of h.8 letter, and.nt.mat ng « that the reports of the several gentlei^en who h.S e^c"ndj been « engaged .n the investigation in question, are now befofe His Excellencv he Gomno « General ;" and mrtlier, « that the Commander of the Forces was not aware that an v award •' had been made to you on the occasion to which you allude." ^ »ri-7*"'**'il*'''"'^"-'* ^l ''" ungenerous and intimidated by the high-handed conduct of the Military autho.mes in this matter your Memorialist who has no recourse in law in this plo! vince ngainst the Crown or those of its servants, acting under iu immediate authority knew not wha course to adopt-referred from one department to another-every subteS rerrted to-h.s property forcibly seized-aud being denio! any possession tLLin^fhTuDtTths moment vainly sought for relief. The last communicauL received by yo;! Mem^ri^Rs from the Military Secretary persisU n imputing demands to your Memorialist as ilEnd" d al iZ are unjust, anclit wul be seen from the copies of the whole correspondence which has be^n had between your Memorialis and the authorities, which your Memorialist transmit Td of ihid. he sohcts a careful perusal,-how litt « reason exists for casting reflections upon the course your Memorialist has taken throughout the whole pendency ofthfs, to him, afd in fact to ererv Brmsh subject, important matter. Your Memorialist also transmits cop es of the bond! award and other documents bearing upon his case, athfgrO^aAedi^ Your Memorialist neetTnot remind you that under the provisions of the Great Charter and heSatutesoftheReam, - no man's land shall be seized into the Queen's h^ds, excentS underLaw,' for "that neither Her Majesty nor Her Privy Council have aruSff power or authority by bill, petition, articles, libel or by any other arbitrary Jay Whatsoever Your Memorialist asks justice at your hands in this matter, without obli«nNr SEPTEMBER, 1839. Extract from a Report of a Committee of the Executive Council, dated 2nd September, 1839, and approved by His Excellency the Governor General, respeciing the purchase by Go- vernment of certain ground on the St. Lewis Road, near Quebec, recently acquired by Mr. William Lampson and others, from the Nuns of the Ursuline Convent. The Committee having taken into consideration your Excellency's reference on the sub- ject of Mr. Lampson's purchase from the Ursuline Nuns of certain property, situated on the St. Lewis Road, and which is required for Military purposes, and having had reference to the opinion of the Attorney General, the Committee humbly recommend that that Officer be in- structed to draft a Proclamation for the purpose of applying and appropriating the said proper- ty to Military uses, the same being essential for the defence of the City ; and in order to ascertain the indemnity to be made to the purchase of the said property, it is recommended that Experti> be employed in the usual way. Certified. ' • (Signed,) JASPER BREWER, Asst. Clk. Ex. Council ia_il o <^ '"^ '"'ovtrnment Houm, Montreal, .OOth December, lH3i). I hare the honor to acquaint vou that your application of the 27th inntant, rcipccting the valuation of your property near Quebec, recently rctjuired for purposes of Military defence, hits been referred foi tction to the Military Secretary. I have, &c. (Signed,) Tu Mr. VVm. Lampson. Sir, C. N. MONTIZAMnERT, Asst. Civil Seo'y. Quebec, 4th January, 1840. Having recently communicated to the Civil Secretary of His Excellency the Adminis- Irntor of the Government, that I had, in consequence of »ho recent Proclamation, taking from HIP certain property on tlio St. Lewis Road, for Ttliiltary purposes, and in conformity with the order in Council of His Excellency the I; ♦.e Governor General, nominated Mr, William Hen- derson my Expert to value the said property. I have been informed that my letter bad been referred to you for action, I uvn, therefore, to express my desire that the valuation should be |iroi'ceded with, ut as early a day as may he found convenient. I have, &c. To Lieut. Colonel Sir C. R. O'Donnell, Military Secretary. WM. LAMPSON, By his Agent, J. H. Kerr. Sir, Montreal, 1 1th January, 1840. I have to acknowledge the receipt of your letter of the 6th instant, requesting that a person may be appointed, on the port of the Crown, to meet Mr. Wni. Henderson, of Quebec, nominated your Expert for the valuation of a certain property on the St, Lewis Rne'i QueHic, and wliicli, by n recent order in Council, hus been considered necessary for 'U .»es. And, in reply, I beg to acquaint you, that, directions hove been given by tl of the I'orces to the respective Officers of Ordnance, at Head Quarters, to apr t the above occasion with as little delay as possible. I have, &c. To Wm. Lampson, Esquire, Quebec. C. R. ODONN. Lt. Col. Gentlemen, Quejcc, 5th February, 1840. I beg to transmit to you copy of a letter addressed to me by Sir C. O'Donnell, Military Secretary to His Excellency the Commander of the Forces, in respect to the proceed- ing to determine tho value, by arbfti-ation, of certain property taken from me by the Crown for Military purposes, in which it will be observed that I was therein informed, " that direc- " tions ha"e been given by the Commander of the Forces to the respective Officers of Ordnance, " at Head Quarters, to appoint a person for the above occasion with s little delay as pos- " Bible." In the full assurance that the arbitration would be proceeded with at as early a liay as pos- sible, ray Expert, who resides at a very considerable distance frenn this City, was requested to repair hither to proceed upon the matter, in conjunction with the at-bitrator for the Crown. He hat bent In town for MvernI dayi, and hit detention ia otteiidod with ^xpenro to me ami inconvenience to himieif, and I thnreforv reipcctfully pray, thai you will be p'eaifd to take tho prctniioi into consideration with a view to carry out the dtrcctionM of ho Cotnmandor of tho Forces, as communicated to mi) by Hit C. R. O'Donnell, Military Secretary. I l.Bve, &o. To respective Officei* Ordnance, Quebec. WILLI.* M LAMPSON, Uy his Ajfent, J. II. Kerb. Sir. Otiicc of Ordnance, Queboc, 3th February, 1840. In ackn ledginu^ the receipt of your letter of this Hay's (late, respecting the appoint- ment of an arbitrator, on the part of the Crown, to nritct Mr. Henderson, the Expert of Mr. Lampson, in reference to liis property ouUide St. Lewis Gate, recently appropriated for Military purposes. We bcif to acquaint you tliat Captai-i W'hitmore, Uoyal Engine jrs, has been nominated to thai Office by the respective Officers at Montreal, and that the same was notified to Captain Whitmoru by us on the Olst ultimo. We have, &c. W. ANTIlOliUS HOLVViXL, Dy. OrJ, Store-keeper. .1. KIIIBY, Lt. Col. Com. R. A. CEO. KITMORE, Capt. Dist. R. Fniriueers. To J. H. Kerr, Esquire, ** Sir, Quebec, 7th February, 1P40. I bee to transmit to you a rough draft of the arbitration bond to be entered into, as drawn by the Honorable Mr. Panet, N. P., in order that you may submit it to the respective Officers with a view to ascertain whether thty approve the same, or whether they would suggest any alteration therein. I also take leave to furnish you with the names of four gentlemen of the first respectability, the appointment of any one of whom as Umpire, I submit for wnside- ration. I have, as you will observe, selected two of English and two of French origin, that it may not be supposed I ha\c a predilection. J. HUNT, J. LANGEVIN, AssUCivilSec'v. N. FREER, L. MASSUE. I I have, &c. To Captain Whitmorc. (Signed,) .T. IL KERR. On »his day, the of February, one thousand eight hundred and forty, before us, the undersigned Notaries Public for the Piovincc of Lower Canada, personally came and appeared Which said parties, in tho prcyniite of us, the said .Notaries, havt declared, stipulated, covenant- ed and agreed as follows, that is to say: smr /?■>' ^VhoreM it b«oftm« n«e«(Mrv ♦owtrUln the tuitual vnli- /' th« iiveral lots of land and J. iieii bp'iMiKiiiK '« ttfP ««!«• William Ijimimoii. HituuHtil and bemg uii Jic ot. Lewu Rokd, wiiiiiii the limiUortho Vnimt of (iiieb«c, and whivh, by ordert of Hir Majr.ity'i Flxcculive Council, of the ninth and leventewnth Jaya of December oow Iniit paat, aativitloiied and approv- - ,i by Hit Kxcellencv thf Adininiatrator of the (lovernm«fnt of thii I'rovince, are declared to l,e If quired by Her Majrity for rbn purpose of making and constructing thereon works of Military defence. Now, tbeie proaenta and wt-, tho Raid Nota.lfa, witneu that they, the naic* parties hereto, lor the |)urpo«e of making :inid valuation, Imvo appointed for their 'Expert!, to wit: the t*\d William L«nip»on, William Henderson, Eaquirj, and the taid Captain O. St. V. Wliitinore of tho R())al Knjjinoori, to whoin traliittion, cword, order and arbitranicnt liiey, the said pur'ici, do respectively submit and whi .h they bind and oblige ili'-niselves to well and truly stand to, obey and observe, fulfil and keep, and to the uni- pirugi' of such person as the said ExperU shall indifferentlv name and choose for umpire in and concerning the premises, provided sach umpire shall be chosen and appointed by the said Lx- I'.ru, previous to their proccediiig to the said valuation. Sib, Quebec, 8th February, 1840. I have forwarded a copy of the draft of an arbitration bond to Montreal for the opinion (illiio respective Officers, whose decision I am an.< entering into any ol- ii^'ation I much regret delay, but ns 1 hava been nominated by the representatives of the Hoard of Ordnant.-' who are at Montreal, instead of those s'lUioned ut Qu'^bec, it is unavoidable. I prt'sumc it w 11 be time enough for me to nropi mines of utkipires, when I get an an-iwer on the subjcc of the draft. ! will return the draft on Monday, as I am too busy to make a copy of it to-day. I have, &c. .1. ir. Kerr, Ebqu: (Signed,) G. WHITMOilE, Captain R. Engrs. Sin, Quebec, 18th Foi,ruary, 1840. Craving reference to your note to me of Saturday week last, I would feel much m.liged if you would inform ine whether any answer has been received from the respective Officers of Ordnance to the communication you stated therein you had been under the neces- sity of making to them. Ml. Lampson is most desirous that this long pending matter should be Ijrougiit to issue, — his arbitrator is still kept in town at u very heavy expense. I have, &c. To Captain Wliitmore. Sir, (Signed,) .F. H. KERR. Quebec. 19lh February, 1840. In reply to yonr note of yesterday's date, I have the honor to inform you, that I have not ye', received any answer to my letter to the respective Officers at Montreal, and that much as 1 rogret the delay, I cannot proceed in the business without instructions from them respecting the proposed draft of an arbitration bond. 1 have, &c. (Signed,) To J. II. Kerr, Esquire. O. WHITMORE, Captain R. E. mm^ Quebec, m\\ March, 1840. Gentikmen, Hcfcrriiig to the ccntspondenec I liuve had with the Civil Secretary, — the Military Secretary — the respective Officers of Ordnance at Quebec, and Captain Whitmore, R. E., of the nature of which you are fully informed, I beg most respectfully, to express my most urgent rctjuest that the valuation, by arbitration, of my property outside St. Lewis Gate, which has been taken from me by an act of authority, for Military purposes, should be proceed- ed witli in the manner prescribed by the Crown. Tlie delay which has already taken place in carrying out the arbitration has been attended with serious inconvenience and very considerable expense to nic, inasmuch as my arbitrator, who resides at a distance of for? miles from town, repaired to Quebec upon Captain Whit- more being appointed by the Crown as its Expert, and was detained here for a fortnight, when, finding that the valuation was still delayed, he was obliged to leave town. The onlv way in which I can account for the delay which has arisen is by aacribing it to the fact, which is known to me, that Colonel Oldfield has, until very recently, been absent from Montreal— now that he has returned to that City, I do trust that the matter wiM Ijt promptly disposed of as promised by Sir C. O'Donnell's letter to me of the 1 1th January last, p I have, &e. (Signed,) To the respective Officers of the Ordnance, Montreal. WILLIAM LAMPSON, l)y his Agent, J. H. KEnii. Office of Ordnance, Head Quarters, Montreal, I8th March, 1840. Sm, In reply to your letter of the 9th instant, complaining of the delay which has taken place in carrying out the arbitration on Mr. I^mpson's property at Qiicbec, we beg to acquaint you that tlic subject was referred to the Commander of the Forces, on the 17th ultimo, and as soon as we receive His Excelltncy's decision, the business will be proceeded with immediately. We have, Ike. (Signed,) J. H. Kerr, Esquire, Agent to Mr. Lampson, Quebec. J. OLDFIELD, Lt. Col. Corag. Engineers. .1. SLSSON, O. S. .1. CAMPBELL, Lt. Col. Comg. R. Artillery, Canada. Sir, Quebec, l6th Mar 'i, 1840. Referring to your letter to me of the 11th January last, in which you acquaint me that directions have been given by the Commander of the Forces to the respective Officers of Ordnance at Head Quarters to appoint a person, with as little delay as possible, on the part of the Crown, to proceed to the valuation of the property situated on the St. Lewis Road, taken from me by Proclamation ; and to the letter of the respective OfLcers of Ordnance at Montreal, addressed to me on the 13th instant, copy of which is annexed, I trust that His Excellency the Commander of the Forces, considering the peculiar position in which lam placed, will give the subject to which allusion is made in the latter communication, and which subject it is stated was referred to the Commander of the Forces on the 17th ultimo, his very early consideration, with u view to the decision as asked for by the Ordnance, so that the arbitration as promised may be proceeded with immediately thereafter. 1 have, &c. To Lieut. Colonel Sir C. R. O'Donncll, Military Scirctaiy, tf;c. i^c. WM. LAMPSON, By his Agent, J. H. Ktnn. mf^tmmmmmf ^B n Sir, Montreal, 18th March, 1840. 1 have had the honor to receive your letter of the 16th March, instant, requesting that the Commander of the Forces would give his very early consideration to the subject of your claim to remuneration for certain lauds ordered by the Urdinauces of the 9th and 17th of De- cember last to be appropriated to Military purposes ; and in reply beg to acquaint you, that in ronseqiicucc of the apparent extravagance of some of the propositions made on your part, it JH'came necessary to refer the case to the Attorney General, whose opinion has been transmitted to the respective Officers of Ordnance, with directions to cause every circumspection to be ob- served in the negociations. To Wm. Lampson, Esquire, Quebec. I have, &c. (Signed, R. O'DONNELL, Lt. Col. M. y Sir, Montreal. Royal Engineer Office, Quebec, 21st March, 1840. I have the honor to forward the copy of an Arbitration Bond received this day from I have, 8ic. (Signed,) To J, II, Kerr, Esquire, G. WHITMORE, Capt. Dist. R. Engineers. Quebec, Q4th March, 1840. Siii, I have the honor to acknowledge the receipt of your letter of the 21st instant, trans- iiiiitiiio- copy of an Arbitration Bond, which it is desired should be entered into by the Ord- iiaiicf on the one part, and myself on the other, in respect to fixing a value upon the property recently taken from me for Military purposes by an act of authority. Having no option left 1110, I ain to inform you that I am ready to sign the Bond, and shall be glad to know when and where I am to attend for such purpose. I liave, &c. To Captain Whitmore, R E. WILLIAM LAMPSON, By his Agent, J. H. Kehr. Sir, Quebec, 26th March, 1840. On looking over the draft of bond you will find that it is provided therein that some I'cison should appear for the respective Officers of Ordnance and that that person must sign tlip bond. There is no objection on Mr, Lainpson's part, that you should sign, as representing tlic Ordnance, the document in qr.estion, but if any other of the Officers at Quebec were to do so it would perhaps be better. If, however, any difficulty should present itself to you or the officers here, the course to l)e taken will be for a letter to be addressed by the respective (itficers at Montreal to any person at Quebec, authorising iiim to represent the Ordnance. I have, &c. To CaptJiin \\'hitinore, R. E. (Signed,) J. II. KERR. 12 Sir, Quebec, 2nd April, 1810. I understand that Mr. Penn has been requested by the superior Board of Ordnance at Montreal ti sign the Bond, — I presume, therefore, that no further delay will occur. J. H Kerr, Esquire. SiH, I have, &c. (Signed,) G. WHITMORE, Quebec, 4th April, 1840. Mr. Penn promised to call at my Office yesterday to read the Bond ; I suppose he forgot. I have, therefore, sent it to him and trust delay may be avoided. J. H. Kerr, Esquire. I have, &c. (Signed,) 0. WHITMORE. On this day of , one tliousand eight hundred and forty, before us, the undersigned Notaries Public for the Province of Lower Canada, ;)ersoiially came and appeared, William Lampson, of the City of Quebec in the District of Quebec, and Province of Lower Canada, aforesaid of the one part, and "Which said parties, in the presence of us, the said Notaries, have declared, stipulated, covenant- ed and agreed as follows, that is to say : Whereas it becomes necessary to ascertain the actual value of the several lots of land ing from about one to three hundred pounds perarpent, the highest rates bad been obtained for a ifield situate beyond Mr. Lampson's ground. Having obtained every po. iblc information, and moreover repeatedly visited the ground in question, the Arbitrators proceeded to comply with the stipulations of the Bond by designating and bounding it ; for which purpose they caused it to be surveyed by Mr. Ware, to which survey and his plan they refer — it will be found that Mr. Ware reduced the extent of the ground by upwards of 50,000 feet, from the area assigned by the plan produced by Mr. Lampson. Hic ground according to Mr. W.ire's survey, which the Arbitrators arc uu'inimous in con- siili-ring perfectly accurate, is bounded in front towards the North West by tlic Cliemin dc (irande Alice otherwise .St. Lewis Street, in rear by a line taken three French feet below the Ciiue du Cap or Brow of the Hill, the precise situation of which was agreed upon between the .\rbitrators and pointed out to Mi. Ware ; on the North East by the property acquired by (lo- vcrnment from the latu Archibald Ferguson ; and hjwards the South West, partly by the ground 14 aoDortaininff to Gorernmont whereon is erected the Towers No. 1 and 2 ; and partly by the uroDertv of Tierre Pelletler, containing an area, according to Mr. Wares plan, ot one million two hundred and twenty-three thousand vight hundred and twenty-nine superficial Enirlish feet. (1,2-28,829 feet.) . „ .. , . 'ITie buildings thereon are two Barracks, formerly Cavalry Stables, and a house now oc cupied as a Tavern. „ . . ,• j» i ^ In making the Estimate as prescribed by the Bond, it was mutually agreed. upon between tlie Arbitrators, and recorded in their minutes, that Mr. Lampson's claim should be considered under two distinct heads ; , .i ^ i . ■ . i First the actual and intrinsic value to Mr. Lampson of the ground that had been taken from him, and secondly the loss he sustains by the diminution in value of his adjoining proper- ties not token possession of by Government, arising from their forcible separation, whereby he has been deprived of the means of improving the value of the portion he still retains. In ap- proaching the consideration of these valuations, it must be fully borne m mind, that the acquisi- tion of the property from Mr. Lampson by H. M. Government, has not been bv the usual mode of bareain and sale, where the seller has the option of acceptiiii? or rejecting the price offered ; in the present case it has been found expedient to seize the p.operty m the first instance, and to value it afterwards. Therefore, in making that valuation Mr, Lampson must be paid for his property, such sum as it can be fairly and honestly supposed and found to be worth to him ; and that without minute reference to other sales in the neighbourhood effected under very different circumst-.nces. Indeed, if this was even not the case, I find it totally impossible to value it by the widely different sales made at different periods in St. Lewis Suburbs, upon which it would be extremely diflBcult to fix anything like a fair average ; and, moreover, it would be unfair towards the Government to value Mr. Lampson's ground as altogether building lots at the high rates obtained in the main Street, and equally unfair to Mr. Lampson to value it wholly as grazing ground. .,.,...„. i . • Therefore, to enable us to make a just and fair valuation, it will be necessary, as the basis of our calculation, to consider for what purposes Mr. Lampson made the purchase of this exten- sive lot of land, and in what manner he proposed to proceed to render it valuable. It is in evidence before us, that Mr, Lampson having acquired the extensive beach property at L'Ance des M^res used as a Lumber Ground and Ship-Yard, subsequently purchased the ground token from him by Government with a view of building a Suburb on it, to be occupied by Ship Carpenters, Labourers and others employed in his estoblishment below, and that he proposed to connect these properties by making a cart road up the hill, upon which road he further in- tended to sell off building lote ; and it is not to be disputed, that the whole of his plan, as stated above, is perfectly easy and practicable ; although, perhaps, not in the precise manner, or to the very full extent of Mr. Larue's plan, submitted to the Arbitrators. K is undisputed that the increased and increasing commerce, in lumber, and ship-building principally carried on along the beach below the Plains of Abraham from L'Ance des Meres to Wolfe't Cove, has within a very few years back rapidly augmented the population of the City in that quarter, that rents of dwellings there are enormously high, and tlat the confined space be- tween the Cape and the River is rapidly filling up by houses. The consequence of which is, that building ground upon and near to Mr. Lampson's beach property is actually higher than even in the commercial streets of the City. By opening a road, therefore, from his beach pro- perty to the ground acquired from the Nuns, and token from him hy Government, Mr. Lamp- son would at once render the latter of immense value. The whole of the ground between that and the walls of the City was previously in the possession of Government, and that beyond him too far off to offer any very serious competition ; he could, therefore, very safely calculate upon a prompt sale of a great proportion of his building lots, and at high rates of ground rent ; nor is this the only advantage he would have reaped by the speculation. The occupation of the ground taken from Mr. Lamps-on as a Suburb by persons emplopd in his Ship- Yard and Lumber Grounds, would have been productive of a saving in the price of labour, to an extent perhaps surpassing in itself all the other advantages he could have reaped from his proposed undertaking. I have been assured that in consequence of the distance the persons employed by Mr Lampson have to come from, the St. Roch and St, John's Suburbs, he has to pay them from 6d. to gdfper day higher than these people obtain at the Ship- Yards in Town. Mr. Lampson employs about 300 men on an average the year round, of whom about 200 come from Town and are paid extia. Now, if we assume the extra pay at only 6d. per day, Mr. Lampson would, in this one item alone, have saved upwards of £1,5^0 per annum, by the building of the proposed Suburb. Upon tho whole it must be admitted that Mr. Lampson possessed advantagee to ren- der the ground valuable, that no other property in ite vicinity could in any way compete with, the property acquired by Government from Mr. Ferguson could never be of anything near the valne of Mr, Lampson's, inasmuch as having no connecting beach property, it could not be louse now oc> d been taken moreover, it o?// IS fmprovcd as valuable building ground ; and for the same reason the property acauir the Nuns by Mr. Pelletier «n the other side, can only bo made valuable by withdra\ >:•:«« .vO'nanJ k.r 'Mr f amnann unA niirpKaitinfr at. Iiiirh raffia f.hfl bpAoh Ijtl I luircd from uiei.u..,u^ „.„.,.„.. „..., -, drawing the competition offered by Mr. Lampson, and purchasing at high rates the beach lots below it. Mtving U.J8 fully entered into the grounds upon which I propose to value the property, I will now proceed, commencing for reasons hereinafter assigned ;• with the Mecond portion of the valuation, namely, the loss sustained by Mr. Lampson on the property he still retains, in con- Mftquence of its separation from the portion taken posscusion of by H. M. Government. It must be perfectly evident that had Mr. Lampson been permitted to have carrisd the projected road up the hill, he would have been enabled to have laid off a number of building lots upoo this road, which must now be entirely lost. Mr. Lampson asserU that he could have laid out on this road 45 lots of 40 feet front each, and he has produced proof that he could have sold such lots as he could lay out at the rate of £250 each. The number of lots he could lay out has, however been disputed, but there is no doubt that he might have laid out more than 20 lots, at £250 each, is - ", £AW(i Extra cost of building the rear wall of a large Store to support a part of tl»o road, deducted, 260 Probable cost of making the road,t £4750 1000 £3760 Producing an indisputable nett gain of £3750 to Mr. Lampson, by the making of this road, from itself, by which the property above the hill was to be improved, exclusive of the additional graat value given to the Ship-Yard, as before stated. It is only here necessary to state the fact, that so far from being chargeable to the general iiiHertaking, or of its forming an item in deduction of the value of the other property, the makinK of this road would not only have paid itself, but, moreover have left a large profit. Notwithstanding our previous agreement to consider this as forming part of the claim, the other arbitrators being now of opinion that under the stipulations of the Bond, we cannot award to Mr Lampson any indemnification for loss sustained on the property he still retains, in con- sequence of its separation from what has been taken,— in submitting to their views of the case, I shall content myself by proving the fact stated in the last paragraph. , , , I will, therefore, proceed to consider the other portion of the award, viz :— the value to Mr. Lampson of the ground actually taken possession of by Government. Uoon the admitted principle that Mr. Lampson is entitled to remunenUion equal to the value he could have obtained (ot his ground, we must adopt the mode of proceeding he had pro- posed for himself, viz. ; the profit that would ha"e accrued to him by laying out the ground nto building lots communicating with his other property by a cart road. » ri, i ♦ We must, therefore, value the ground according to the value of the ground rents likely to have been obtained, and which Mr. Lampson has proved to us he could have obtained. Lstima- ting the whole area agreeably to Mr. Ware's plan, deducting the portion of this area proposed bv Mr. Larue's plan, to have been occupied as public streets, and adding to the amount thus obtained, the estima ed value of the buildings now on the ground. From the gross amount, tSowing deductions are to be made : firstly, the cost oFopening the main stree proposed ron the Brow of the Hill to the Grande Allde, and which is perfectly practicable, although to be made of easier ascent, it might be deemed expedient to wind a little m the lower part of the sound when on^opened, the further cost of improving and maintaining it falls on the occu- E of 'lots fronting i?; the cost of opening the other streets as in all similar cases is defrayed r;roe whotokefhe'lou kid out "on them-that connecting this pr^^^^^^^ below, 1 have already proved to leave a large profit by making ,t-thcrefore, £500 is the very utmost that could be expended in making streets.} , , , . ». „» „:„i,» „„» k. lTmdly--ihe probable loss of rents upon the portion of the P^°Pf *y\» ,"£"«* J^ immed aSy let, and^n this wc must include the portions of the ground s till h .Id under lease, Xh would no have come into Mr. Lampson's possession till the years 1845 and 1852. In pa t et off forSis U miist, however, be remarked, that Uie immediate occupation and improve- ment of the grSrer portion of the ground would necessarily greatly improve the yalue of wh.t wi held baci or unlet ; probably to such an eitent as to occasion none or very little loss from » The.e re».on, «r.. that it h». been found t^-jt do aw.rd can b, made for an, loss sastained by Mr. Lamp- iioii on (bit b»a< nnd«r the uliuulntioiiB of iho Bjnd. . . . .i • ..™ T Mr li'mers oitim.le. imdc by ordor uf tb. Arbitrator's. .» under this ium. I See Hamel'b Hrporl and estimated oust, lower than mine. 16 that circumstance. Nevertlielcss, we will admit that u loss would occur, and I shall estimate that loss at ten })f r cent, upon the value of the portions still under lease. The /a«t deduction will be the value of the constitutsd rents secured to the Ursuline Nuns by their sale to Mr. Lampson. Captain Whitraore has computed the value of these Rentes Coiistitutee, bearing C per cent, interest, at £2683 9 9, and the highest market price obtained for such securities for several years back has never exceeded eighty per cent., seventy-five i«t the usual rate. It appears in evidence before us, that Mr. Lampson had entered into engage- ments with a very nonsiderable number of persons for the sale of his proposed building lots, which had he not been prevented, by being deprived of the ground, would now have been completed, at rates varying from one pound ten shillings to five pounds for each lot of the usual size of 2400 superficial feet — giving an average of three pounds five shillings per lot. Equal to a capital of £55 3 4, at six per cent, valuing the ground by the foot, this would give 5d. 7-16 per French foot, equal to five pence per English foot. Now, by Mr. Ware's survey, the total area of the ground is in English feet 1,223,829 Deduct, The area of the streets projected by Mr. Lampson according to Mr. Larue's plan, less what is curtailed by the diminished area of the ground, 264,903 Leaving English f»»et, 958,926 English measure at the proportionate reduced rate of five pence per foot, would leave the nett sum of £17,330 16 8, to be paid to Mr. Lampson, after deducting the value of the rents due to the Nuns, and making allowances for cost of improvement, and loss of intermediate rents. 958,926 English feet, at 5d. 7-16 per French foot, or equal to 5d. per English foot, £19,977 12 6 Value of the Buildings on the ground, ... - 875 Deductions. Cost of opening the main street, - . - £500 Loss of intermediate revenue upon the lots still held under lease, 13 arpents, equal to 420,000 English feet, at 10 per cent, deduction, valued at 5d. per foot, 875 £20,852 12 6 Nett cost to Government, Deduct principal of Rentes Constitutes due to the Nuns, £2,683 valued at 80 per cent. . - _ - - 9 9, 1,375 £19,477 12 6 2,146 15 10 Nett balance to be paid to Mr. Lampson, £17,330 16 8 Having thus estimated the value of the ground, agreeably to the proofs before us, and ac- cording to Mr. Lampson's proposed mode of improving its value, the result of the whole is, that the total area of the ground, including both streets and building lots, would, at that estimation, be a small fraction over 3Jd. per foot, English measure, or about A\A. per foot French. I am fully satisfied that the whole of the ground is capable of being laid out into and used as building lots, without any other deduction whatever, excepting the space that was to be occupied by streets, and that the estimated rate of ground rent could have been obtained. But as it has been strongly objecte.'. by Captain Whitmore, that the whole of the ground could not be made available to build upon, and, moreover, that the main street would be too steep to bring up in a straight line, by the consequent winding of whicii a further diminution in the extent of the building grojind might be anticipated ; and as I am anxious to meet his views as far as it is at all possible, consistent with the oath I have taken, — and, moreover, however certain I am of the correctness of my calculation, and that Mr. Lampson could really make even more of the ground than the amount of my estimate ; nevertheless as many unforeseen obstacles anddis.^ppointments occur in the execution of the best matured plans and estimates of the nature in question, whereby Mr Lampson might be disappointed in the attainment of all the advantages in view, to their utmost extent, even at the comparatively low estimate I have made, compared with his own,* considering also the certainty of his obtaining from Go- vernment immediate payment of a considerable sum, which he may invest elsewhere advan- tageously. I think it right and just towards the Government to give it the full and fair advantage inferred from all these circumstances ; and, therefore, I propose to diminish the ave- rage rate of OJd. and a fraction per English foot, to Sjd. per foot. Mr. Lnmp^in valun's liit lo«» at £15,000. 2 zy> J0,852 12 ($ 19,477 12 6 2,146 15 10 M On 1,«223,829 feet, - - £16,572 l3 10 The value of the /Zen/M Co»««c, 9U) Majr, 1840. Sm, liunor Referring to your letter aHJretwU to me on the 16th March Itit, I have now tb« to Btate for tne iiiforinatiun uf His Excellency the Cominander of the Forces, that t'te arbitration entered into bv the Ordnance and myself, in respect to determining the value of the property outside St. Lewiii Gate, formerly belunginf( tu me, but taken by an act of autho- rity for Military purposes, having been brought to a termination on the 29th ultimo, and report having been made, in the manner prescrioed by the Bond entered into on the 6th ultimo, by the Ordnance and myself, I am desirous that the award made by the Arbitrators be paid over to me at the earliest possible day. The Ordnance to whom I applied for a liquidation thereof, huve informed me, by letter of the 7th instant, that my application must be made to tho Com- mander of the Forces through you? I therefore do so apply, trusting that His Excellency, see- will direct that Uie sum awarded by the Arbitrators be iinmedi»tely paid to me I have, &c. To Sir C. U. O'Donnell, Military Secretary, (Signed,) J. H. KERR, Agent for Mr. Lampfi«ii. Sir, Montreal, I2th May, 1840. I have the honor to acknowledge the receipt of your letter of the 9th instant, on the subject of the appraisement of certain lands in the vicinity of St. Lewis Gate at Quebec ; and befr to acquaint you that the reports of the several gentlemen who have recently been engaged in the investigation in question, are now before His Excellency the Governor General. 1 am to add that the Commander of the I'^orccs is not aware that any award has been made u i/U the occasion to which you allude. to I have the honor to be, &c. &c. (Signed,) C. U. O'DONNELL, Lt. Col. NF. S. To Wm. Lampson, Esquire, Quebec, 4tb July, 1840. Sir, It is upwards of two months since the award, or as you term it, the appraisement, es- Uhlishing the value of my late property without St. Lewis Gate, taken from me by a high handed and unprecedented act of authority, for Military purposes, was determined and duly reported to the respective Officers of Ordnance in strict conformity with the terms of the Bond prepared by the Attorney General, with reference to the precautionary measuresj which you informed me, in your letter of the 18th March last, it had been thought necessary by His solemn award, made under oath bv the experts, is, up to this moment, withheld from me ; neither has any commonly reasonable and sufficient cause been assigned to me therefor. Sir, the public good is in nothing more essentially interested than in the protection of every individual's private rights. I have been most wrongfully disseised of my property, contrary to the provisions of the great Charter and the Statutes of the Realm, which enact " that no " man's land shall be seized into the Sovereign's bands excepting under the law," for that neither " Her Majesty nor Her Privy Council have any jurisdiction, power or authority by " bill, petition, articles, libel or by any other arbitrary way whatsoever to examine or draw into " question, determine or dispose of the lands or goods of any subjects of the Kingdom." I beg you will lose no time in again bringing this importrmt matter under the considera- tion of His Excellency the Commander of the Forces, with a view to obviate all further delay. h 90 in paying over to me tlie award oiade by the experts, or wlmt I would prefer, restore to me my prou<>rty, with all the ri^hta I possessed therein at the timr it was scizun, and such compensatiu.i w u right for the injury 1 have suathined by the course which has bveii adopted. I have, &c. (Signed,) WILLIAM LAMPSON, By his Agent, J. 11. K«rr. Lt Colonel Sir C. O'Donnell, Military Secretary. Sir, Montreal, 6th July, 1640. I have the iionor to acknowledge the receipt of your latter of the 4th instant, on the •abject of the appraisement of ceitain lauds in the vicinity of St. Lewis Gate, Quebec, requir- ed by the Government for Military purposes. It must be evident to you that the nature of your demands fur this property requires the utmost care and consideration on the part of Government. With this view the reports of the •ppniMrs and certain other documents were (us I believe I intimated in my letter of the 12th May last,) submitted for legal opinion. These Documents, together with the opinion of the Attorney General thereon, ^ve since been placed in the hands of the superior Board of Respec- tive Omrers in this command, and will, it is more than probable, be submitted by them to tlie Coard of Ordnance in England. I have, &c. (Signed,) C. R. O'DONNELL, Lt Col. M. S. To Wm. Lampson, Eaq., Quebec. t my atiu.i K«rr. 1 the quir- I the r the I'ith f the spcc- !m to