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Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 Copies of Letters to fPia Excclkucy the Governor General and Memorial to tlie JUglU Hoiwrable the Sccrctarij of Stale, relative to tite claim of George Herman ityland, Etijuirc, on Her JUnjestij'a Goncrnrnent, with Dcupntchca on the same subject, ftlloired by an Appendix cotitainiug Lord Sydenham's guarantee and ollusr Documents beating on the case, Ac. tfec. &c. MOUNT LILAC, SIR, 29Tti March, 1843. I regret to bo under the necessity, so immediately on your nrriviil in this Province, of troubling you with mattcTS of a pcrsoiiiil nature, but as tlio ciiso wiiirli I uin about tu bring under Your Excellency's notice is one not only iiflccting indiviilual interest, but in llie settlement of which the faith and hnnor of the British Crown are couccrncd, further njxdo^y for my intrusion at this early singe of Your Excellency's iidmiiiistrHtion, will, I trust, bo considered uniiccessary. The case to which I refer, is one relating to claims on Government, consequent on an arrangement entered into lietweon Lord Sydeidiam and myself, by which I consented, on public grounds, to give ii]) a lucrative |)ateiit a|>|iointment, expressly conferred on mo by my Sovereign, in reward of public services, on rrceiviiig a guarantee of a certain annual income, and the full benefit, as Kegistrar of Quebec, which could be derived under the Ordinance 'llh Victoria, chapter 30. On the 7th Decnmbor last, I addressed r, letter on the subject to Ilis Excellency Sir Charles Bagot, pointing out the changed position in which I was placed WLlh regard to the Crown, by the alterations in the Act during tlic last S^ession of the Provincial Parliament, which cut olfall the remunerating clauses before llie expiration of the porioii during which it was covenanted by llcr Majesty's llcpresentativo that I should he entitled to the excess (jf income, which was iinticipated from tliu working of tl"' Ordinance, :is put in force, and calling u|Mm the Executive to grant such adecpiate remuneration as under the |ieculiar circumstances of the case I considered myself entitled to receive. This letter, together with other papers relative to the case, were referred by Sir Charles to the Executive Council, but Mis Excellency's severe illness has, I have been officially informed, prevented a decision being had. In the mean time, instead of being rewarded for my ready compliance with the views of Government, instead of receiving that prompt disci ij;v, of an agreement, wliii'h in private lift' would have been considered binding between man i nan, I am placed in a situation of extreme embarrassment and pecuniary distress. On my appointment as Registrar of Quebec I was obliged to give securities in the sum of five thousand |«)iiii(ls ; these gentlemen are still held responsible with myself for the due discharge of the duties of the olfico, and for the consequences of any errors committed by the clerks ; and I am obliged to furnish money out of my [irivale means to provide an office and carry on a public department, the receipts of which do not, and cannot, under Ihepresent Tariff', and minute accuraci/ required h)/ the forms of enres^istration, meet the current and necessary expenses of the office, much less afford an adequate remuneration to the oflTicer at the iiead of the department. Had the first year (dating from the period when the Registry Ordinance was put in force) been allowed to expire without any alteration being made in the law, I should have considered mvRcIf bound to abide by the result, and indeed could not then have called on Government for furtlior remuneration than the animal income named in Mr. Secretary Murdoch's letter of thc22d August, 1811 ; but inasmuch as the alterations in the law were introosed tu carry out the scheme of the 1 new form of Governnwnl gmnleii to Cnnada. The very naluro of (ho pnniiion in which he wni lilucod M (he Ku|iruM)ii(nlive of his Sovereign a( (hu( |)ur(i('ulur jiiiiclure ri'n(lere>l i( HbMlulelv iioceMary (hat ho should bo i-loihod with corluin iliiu'rutiimiiry |iowfr!i, of which the nomine in oinre, and arrangement in rrgnrd (u income cunsci|uent (herelo, wns one, nnd ns in the exercise ul' (hrae powers, 11 plcdj^e, on I ho piir( of the Crown, was, by tljiit iinlleiiiiin, giM'n to me, it mnttors nut whether the Administration of the allliirs of this I'roviiico are now vested in (ho Kxecutive Council, as u Ues|K)nsililo (lovcriiment, or in tho Itrpresentiitive > I' (ho Crown, that pledge, I 'espectrully conceive is as biiidin); on the Uoverument of the day as any other airunge- ment or nooiiiia'.ion by which any other public functionary now hulds his olhce. 1 have tho honor to be, Sir, With gri'at resporl. Your Kxrelit'iicy'* Muiit ubeilicnt humble se'vnnr, 0. II. KYLAND. His Excellency The Right Honorable Sir Ciiarlks MirrcALrE, G.C.B., Uoveriior (lencral, '' ■')■/■• ii.i,'; j-^ tic, be, lie. P. S. — I take tho lilierty of enclosing a list of (he documents referred to tho Council of which I respectfully solicit Your Excellency's pcrus.il. SECRETARY'S OFFICE, (EAST.) SIR, Kingston, 7th April, 1843. I have the honor, by command of tho Governor General, to acknowledge iho receipt of your letter of the 20lh ult., and to inform you in reply that His Excellency ii knowledges* your claim to the fullilment of Lord Sydeidiain's guarantee, but haj no means ut his disposal of performing its stipulations, anil is advised that a reference to the Provincial Parliament would Ik) unsuccess- ful. Nothing therefore is in his power but to keep your rlaini in view, and to consider i( as occasions may arise for boiietitting you consistently with the public interests. I have the honor to be. Sir, Your most Obt. Servant, (Signed) D. DALY, Secretarif. G. H. Rtlamd, Es<}cirr, JIlC. &C. &c. Si«) Quebec, 18th April, 1843. Having leceivcd a letter from tho Provincial Secritnry informing me that Your Excellency " acknowledges my claim to the fultilnieiit of Lord S)denhiini's guarantee, but (hat you have no " means at your dispiLial of performing its stipulations, and that you are ailvii>ed that a reference " to the Provincial Parliament would be unsuccessful." I am com|:elU'd, by a sense of iluly to rny family, to bring the matter under Your Kxteliency's furllier consideration, and I trust that Your Excellency wdl receive it as an excuse if not a justification for my addressing myself di- rectly to Your Kxcelleiuy, that my claim, as I viiw it, is one for the satisfactory adjustment of which I am not bound to look ultimately to any merely Provincial authority. My object is (o lay before Your Excellency several alternatives, any one of which I conceive that I am justified by the pledge given to me by Government, in ex|)cctiiig that the Government will adopt ; I shall slate and ask nothing but what appears to me to bo plainly consistent with * Tlicse arc significant ternU'— nut susceptible of tn'u construciions. Am) enjoined liy thono univcrsnl niiil unchangenMo principle* of rectitude and uood fnilh, the obli- guiion of which in I Uiliove un liiiidinff upon a Government as between man andinan, and I am nure that i thiill need no cxruse with Your Kxcellency of having HuMained Trom Government an in- jury that brings mo to tho verge of ruin. I point nut Ihn miKlu ol redreas in iho briefest, simplest and moat forcible terms consistent with the respect I owe and I'oel towards Your Excellency. I beg permission to premiso o few obxorvations upon nn expression in tlio Provincial Serre- ry's lulter, in \«liic'h the gunraulou given to mo is described as being "Lord Sydenham's guarantee. " I respcctrully sulimit that Lord Sydenham ncleil in the matter as something more than the mere Administrator of Provinciiil Authority ; that I had a right to look upon him as invested witii extensive powers to carry thrnugh a great measuruof tiie national Senate and Government, and that ho acted us and was lliu Keprcsenlativo of the Sovereign whom I also served, that there- fore, or even viewing him nn merely n Provincial Governor, his public acts became binding on tlxisowhosluiuld succeed him in tiieexeicise of tlioso powers. Tlint accordingly his two immediate Successors in the Administrution have not only adopted but given etfert to his acts in regard to mo so far as was then necessary, or for tlio advanluge of (iovernmcnt ; and that now his guaran- tee cannot, I respneil'ully .sii!)mil, bo converted into a Iciuiino contract, of which I shall bear tho whole ruinous loss and the Government retain ths whole advantage. Tho Provincial Sei relary's letler informs mo that " Your Excellency is advised that a " teforenco to tho Provincial Parliament would bo unsuccessful." 1 respectfully urge that a party with whom nn agreement is made and who has iicrformcd his part of it, has an inileteasiblu right to require of the other parly who enjoys the benefit agreed upon to make every exertion and exhaust every expedient to fulfil his obligntion, whatever may bu the seeming probiiliililies of success cr failure. Hut if I might 1m; permitted to appeol to prin- ciples saiirtii'iied by Your Execlh iicy's ailoplion, that human nature, Iho same everywhere will ultimately yijld to justice nnd rea^oIl calmly eiiforred, and that even those wiio have been in the wrong will ulliTiHtely nniler that inlluence put themselves right, it ought not to be supposed beforehand that the Provincial Piiiliament not yet a|'.plieil to on the subject will reject a claim fouuiled in justice and reason, especially when llie fiiliiig tho vacancy createil by tho guarantee, (if wliirli i claim the fulliltnent, bus been one of llio measures of that policy, the adoption of which, by Your Exeelloiiry's Predecessor, has called forth un expression of confidence and satis- f.ii lion from the Representatives of the Pople. But should Your Excellency decline adopting this course to obtain the means of doing me justice, I then pray that my claim may be brought in all its circumstances before Iler Majesty's Government, as one in which tho faith, honour and justice of tho Crown are principally con- cerned, nnd inseparably bnunil up to |)rocuro mo redress in sonic way or other. Here again it does not concern me, to wiiom the guarantee given has been inelVrctual, to consider the probabilities of success or to point out llic way of redress ; sufficient it is for me to know that the per-on who gave me tho guarantee acted in that respect as tho depositary of the nullinrily of the Crown, that llio stipulations eutereil into with me have not been fullilled, nnd that his acts have not only not been repudiated by the Crown, but that the Crown now enjoys the benefit of tho arrangement to which 1 consented when I was not compellublo to do so. Anil this leails me t^'lhe third allrriMitivc which it is in the power of Government to adopt in order ludo that siinjile justice which the case admits. VVholhor tho guarnntco given to me is or is not likely to be nlTirmed and executed by tho Provincial Ciovcrnmeiil, whether it was or w,is not originnlly liiuding upon the Provincial Go- vernment through all its I'lianges, or on the Oown, it has been carried into elfect to my detriment. The situation I vacated to give etiect to the views of llie Uepresentative of tho Crown has been filled up by the Crown ; hut it is still as much in the power aiul disposal of (he (Jrown as (he olliee of Commi::sioner of Crown Lands was in September last. Where an agreement of ex- chango is made and cxeculi'd on one side but broken on the other, tho party wlio has received benefit by it is hound, I humhly conceive, by every obiigaiion of force among men to restore the thing he has received, if still in his power, with all the advantages that belonged to it when tho exchange was agreed upon, whatever inconvenience or embarrassment it may cause him to do go, or whatever claims on tlie part of olliers it m. • bring upcui him. !f my ca.»e is one in which public justice, honour and g-iod faith nre cone. -iicd, these ciaisiderations will not be overlH)rne by reasons of inconvenience or inexpediency : anil here I crave leave to call Your Excellencv's |>articular attention to the fact that when I claim, d of ihe Government in July last the fulfilment of this guarantee the situation I had siirreiulered was still vacant and at the disposal o( the Crown : that the ndjustment of my claims, the justice of which was impliedly admitted, was _ . -^ i.jim^\MMi.'\!ii3- .: .; i; ,'i; Hcfurrad llU tht tnd of Ihe J/far, imd llinl the filling up of ilic vncuncy in llio inlcrmediate period n,«Cu(aiM miut b« lukon as tubjeci tu iiiiil nut ii^t hnriiiK my ri^lil U> rt'Niiiiiliiiii if my ;:lHiin whs not MliiAerf, (VomHir R, D. ■nd I wuuld ttlito Riilitit Yinir Kxiilli'ru'v'ii cohfiiiU'riiliim of llic fwrt dial when Ilia I'lileiil for ***\?"^ Ihe tituntion I nuw Imltl wim lirNl iicii'iiicil liy niu iiiidi'r iliv U'ni|iri'iiNly Klipulutcd lliiit on ccaiiiig to liuld it I thuuld bo r*f*W, allowed to relurii to that which I btl'uru lilluil, ] But there is still o Tourth ullcinutivo in the |Miwer of Ciovornmonl. The oflice f!,\\vn lo mo in exchiin^e for ihnt I siirrcndcrril, und in lien of and n» a security for a retiring nllowiince of X^I5 ii )<'ar, Ik which I was luknowliMJ^ed lo bo entitled under llie Act 4th and 5th Will. IV. ('ii|i. ^1, is not only of no udiniitii);)! to mo, but is involving me in increasing oinlMirrio^sinent every day that I hold it, so thiit I am incurring debt to pay its expcn- coa, and am in lliu degriiding siliiiiiion of being niicd in a Court uf Justice fuc the current Uenl uf the building in which ihis I'ublit Ullico is kept. The tiovernmcnt declares ill inability tu redeem the guariinlon under which I accepted the oflice ur 'o give mo redress. Reserving' my claim nnd right lo n full indemnity for the actiinl loss I have sustained by the non-|icrformance of the guiirnnlce, ax ahso fur llio luMt of iIkmc ndvtiiiliigo.i which I ^llllulll still have reaped from the oilier, such a.s it whs, if it had not been niudo worse by the Lt-gisl»lurc after I accepted il hut U'fore it went fully into operHli4iii, I cliiim to Ihj iillowed nt Ihe end of the present yeiir, when my engrtgement with ihe OllicerN of tin' Di-piirlniont will have expired, lo surrender the oflice, rather than be involved in worse ruin, nnd to receive, until an opportunity occurs for plaiingmo in a situation eipiividcnt lo ihal I origiiiully gave up, a retiring allowance on the established Pension Fund, <'r oiher\vis<> to the aiiiouni to which, by Mr. iiecrelury Mui> doch*i letter uf the liSrd August, IHtl, I was declaied to be entitled. I trust that a grievous wrong having been done me I shiill nut be ilriven into the dilemma of sulTering on the one hand daily increasing loss, of which no end ciin he seen by lelaiiiing the ofliice after the periinl above specified, or of sacrirui.ig or lieing cuiisidtrcd In s:icrilice on llie other hand my claims un Government for an equivalent ur redrcs.i by tiiig myself of il. I am indeed informed in the Provincial Sccretiiry's letter that " my claim will be kept in " view lo bo consideri'd as occasion.-, may arise fur bi'iicfilting mo consistently with the public " interests. " If this assurance has reference to my heicafler receiving other appuintinenis, the arrangement might anssvr fur the future, hut there is no appointment in the gift ol the Crown in this Province tliut could fully imlenmify ine for the sacritiic 1 have made, and the heavy losses I have ulrendy incurred and am still dady subjected tu, besides the res|H)nsibility which will attach to me fur years after I have left tny present ollice, to say nolhiiig of the disgraceful position in which I am n(.w placed with a proseculiuii against me in the Court tif King's Hencli for Rent of Ihe Kuilding occupied as a Rejristry (Mhce, and oilier expenses relative to that l)c|inrtment. But su|i|)<)sing that i could aliiird (u wait and to continue making advances out of tny private resources for the public use, and was tuiilent lo receive, ihroiigh other appointments in the public service, such an income as would in the process of years remunerate me fur the past. Your Ex- cellency will allow me must respectfully to suggest, that ifu solemn pledf(e /fivfn f ante at Ikt important period afthr ^rantin^ a new Cunntitulion lothe ('uuntr)f, and with a view of per- feeling that measure, is not lo be considered and fulfilled ns sacred, I do not see wtuit grea- ter tecuriti/ can be giren, that a general promise of ultimate goml such as that held forth in the Prorinciol Secretary's letter of the Ith instant would not he subject to the same casualties and difficulties which are now considered us preventing the fulfilment of the stipu- lation formerly made to me : for Vuur Kxcellency with the best possible intentions towards mc, which I never will doubt, may U- advised when an occasion fur binelilling mo occurs Ihal it is not consistent with the public interests to (hi so, or before any such op|>ortunity shall occur Your Excellency may have hft the country or other unfurseen circun.slances may intervene to render the fultilment of your intentions impossible, nnd in the inean time loss after loss would be allow- ed to accuniulate till inextricable ruin uvcrtuuk me and my fannly. I have only in conclusion to entreat Vuur Excellency's serious reconsideration of the rase, as it stands not only in its general merits but as admitted and strengthened by Mr. Secretary Murduck's letlcr of the I4lli .luly, at which Into date not only was the guarantee given to mo recognized hv the (luvirniiienl uf Vuur KvctileiH v 's predi ccssur, but mv < laiiii for indemnity fur nun-fulfiluient uf it was enlcrlained as lit tu Ih; cunsidered at a future (ixeil lime so soon as the cuntingencv cunii'in|daieil hv the guarantee should have arisen, which pcriuil had passed when I laid my claim Irfure Vuur Kxi cIIiik v. I have the honor to be, Sir, Ills F.\(clh'ii(y With great respect, The l{i;^lit I!unur.d)le Vuur Excellency's Sin CiiAiti.K.H Metcahe, Most olitdienl humble servant, &c. &c. &t. O. II. RYLAND ■iKolar Hlr R. D. IM Wld nt Af, a A, W, Exlraetqfa Lttttr from Captain Bagot, Private Secretary to Ike Governor General dated Alwington Houae, ^ingilon, April 20/A, 18 13. ' Mr DBA* Sin, I beg to BcknowIodRfl the receipt of your Inltor oflln! 13lli in«lnnt, which I only did yoiier- day, iiiice which timu I hiivp hroiight tliii »uhj«ct iiriil wisli cuntniiiud in your leller hcforo Sir Charles Hiigoi, iirid who hnit given it hix bout conniderulion. Ilu denircN me to say, that with t'»ery |)OMihlo wish to hu of sorvico to you, ho iUh:h licit think he ciin or would it bo proper for him in hi* prcnnl |ionition, to inlt-rfuru in your cii»u with (he Homo Government. Iln iullv admitted your chiim whunlt cBmc before him, Hnd iidmiited Ihn hardship of your |iosition, and it has nflurdud him much pleiisuro the knowing ihiit Sir Charles Moltalfu iiitcrlaini the same views, whom he feels xatiMfied will deal with it in the moat favorable way toward* yourself whenever it is in Ui» pmoer, I know Daly is about to write to you either to-day or lu-morrow, and to whom Sir Charles talked much to about yourself. Believe me, &c., (Signed) F. BAOOT. It. il. Rtlanu, Lb<)'jiiib, Quebec. SIR, SECRETARY'S OFFICE, (EAST.) Kingston, 1st May, 184S. 1 have the honor, by command of the Governor General, to acknowledge the receipt of your communications of thu IHth nnil 20lh ult., and to inform you in reply that His Excellency regrets it is not at present in his power to rimcdy the hardship of your case, and that he does not see any hope of success in a reference cither to the Local Legislature or to the Imperial Parlia- ment. I have the honor to be, Sir, Vour most Obt. Servant, D. DALY, Secretary. G. II. Rtland, EaquiRB, &c. &c. &c. MOUNT LILAC SIR, 26th August, 1843. With reference to the conversation I had the honor of having with His Excellency the Governor (Jeneral yesterday, during which he expressed his willingness to entertain any sugges- tion I might oiler by which I could lie relieved from the unparalleled cruel position in which I am placed by tlio inability of the Government to meet its engagements ; I beg respectfully to point to the Feii-xion List as still aflbrdiiig ani|ilo means of providing for me for tbe future, under the scale establi.siicd by tlic Itli and 5th Will. IV. In regard to my claims for the past I shall take advantage of His Excellency's olfer to forward a representation on the subject to the Secretary of Slate, confident that the lm|»erial Government will never counfenonce the monstrous doctrine that Public Services are to bo re(]iiite(l with ruin and disgrace to the Individual render- ing them, or that ungageincnis entered into on the part of the Crown under one administration can justly be repudiated by a succeding one after the Government have derived the whole benefit of the arrangement. I have the honor to be, Sir, Yours, &c. G. H. RYLAND, J. HiouiirsoN, EsttuiRK, Private Secrei.'ry. To Ihc liighl Ifono.ahlc Lonl Slmilii/. /In- Tf/ijiMlff'ti Svcrilaiij of JliiU for lite C'oloititM, tjr., tjv., i^c. THE MRMORIAI, OF C. II IIVI.AM), i:S(} , IlIUilSTRAR OK Tlli: DIM UK r OF (ilKMlX', RcOPECTrVI.I.V SlIKWI.TIt, Tlint hI till' iirrlod ii( tin- I'lil.ni i>l lln' I'r.n jnirs •>( I'lip'T iiti'I I.ciwrr Cimriil;), \i)iir Mriiu'- riiiliat Ik'IiI lli<< riili'iil npiMiiiittni'iii nf U.'uiiinir niiil CIitI* »( llii" K.\rriiliM' CimiihiI rx|prc<>slv rur.liiri'tl nil liim liv his Si)Vt'H'i';il in iru.ml nl' piililic mt\ •••w, iii'il iiCwlii( li it wii» llio ili«ire nf iliu till II Si'iri iiiry (i( tStuli*, Lord J''liii Kiism'II, tliiit your Mutnoriuliit ulioulil reniiilii in iitiiliv lurbLiI |i(>MCMi[liili( liioinclit ol' |iiillin:; iiiln o|n'r,ilioli tlif new ('iilisiiliilioii ^r '" I ""' ni'r i"i- nun', |Hiinl<'cl ont to (our Mi'incri^l.st Imw tniicli il would itilrrl'iri' wiili Ins pliiiis il' lir |«'rsislril ill ntaiiiinjl tin- olliio o|'( lirk of llir ('oiiiicil, iiiiil oIIitoiI liiin iiI I he saiiir limti in lien itoTrof tlic Kt<^iNtrnr>lii|i of (jiiibi'c undiT lliu luw f.ir tlio cnngiMriitiin of ili-nl» tlu'n JHlidy pinisi'il liy tliu S|K'cial Coiim:il. Thnt vniir Mmioriid^t Irii'-lini' iinpiii lily to lln- fiiili of the IliiiMi (J.ivprntmMil plici^etl hv llio UcprcM-nliilivo of llrr M.i|(>l», iniil anxions .it i II linnH to jiroiiioli' ilic |MiMic lnl>:l^u^f■^ of tlip Crown, conw'nliil (o tins propo.viil under nrliiin «iindiiiriis wliicli wrio Miliniiilid in writini; mid appiovrd of liy llir (i iMrnor (ii'iur.il, iiii I ii lorinal iiiyaui'ini'iil was ijn'ii ontcriil into liilwciii lliL' UrprrM'lilalivf of llio Sovi ri'iu'ii iind your Mciiioiialisl, liy wliirli tlio liilirr ngri'i'd to i;ivi' lip on piildir };roiinds a liiiralivt' I'atcnt .qipoiiiini' Ml, iiivolvini; no pniinlurv ri's- poiisiliility, llir Salary of wliirli was i|iiailcrly paid, i.iid of wliii li lio rmild not oiln rwiM- luivi- liccn dnprivrd, 111 lAiliaiii;!' for liis pn miiI appoinliniMil, JMilioliiii; fearful ri'>p'>lisiliilily uliich Will allacli to your Meiniiriali>l''s foiiily fir \e,irs after liis de.illi, on recwivini; a iMianinlee of rcr- taiii pcriiiiiarv ii(l\iintai;e!i lieriMilde iiiidrr llie Ordiiiaiicc rel,ili\i' to ilie Kej'islr.ilion ax it tlicn Mood, toi;ellier wilh a i lear ininniil ineoine eipial In the atiioiiiit of Pension, on wliiili your Me- nioriiilisl was from Ins lenylli of ^er^ ices enlilli'd to relire iiiidrr tlie Imperial Act I'll is: /iili Will. IV, and fiirllier voiir Meiiiorialisl in liis ol)'iiial ncc'pl.iiue of the Uei;i>liarsliip of (Jm Uc, llHteil 'iril Si pleiiiher, l''.| 1, e\prc-.v|y slipuhiti d thnt in i iisu the iiicoii.e dirivnhle ihorefroln Mioiild I >( ripial ihnt lie i iij'>\ed from the Coiinr il ollici', tlie annual iiiiiiMint '.u.-ranlreil should tiut bo c L'^idfred as un iipii\alent for ihu loss of thai ollice or ('t his claims on (ioviriiiiirnt. That immfdintcly nfier iho r.inctiision of this arrni ; ■ :ienl your Mptnorialisl proc-rrdrd hy rominanil of the (ioxernor (Jeneral t > (^iieln r lor llie purpose of i.ri;aiiiz nu' an elliciiiit eslalilish- miMil I carry out the pro\ isions of llie Ueuislry Ordin, iiie whiili was to he put in firco on the I«l of Octolier I'lllowiii;. The Mid !i n de.iili of I.ord S\(lenhiim liowi\cr caiisiil a delay in thiii {larticiihir, and tin' law was I'ol proniuli;aled till the (lose of (he year, when in answer to a Circii- ar addresM'd to vour Memoridist hv order of the Aihiiinistr.itor of the (loviTiiment Sir Hiihard Jackson, your Memorialist neaiii n ferrcd to the londilioi s under which he had coiisoiiled to Ins «'\cliani;i; of ollico, stipulnlinj; that undi'r certain cciiilingencics he ^hould return to the one lie had left. Thai after your Mpmnrialist had held the Heiiislrarship of Qin hec upwards of six moriih* diirin" which ho had nuide liea\ V iidvaiucs out of his pri\ale means towards cair»ini; on ilii< I'lihlic Deparlmeni, lit. dilii; that in rinsenui'nro of the e\ il example set hy those piihlic oflirrn whoM- duly it was to eureirisler on the piirt of the Crown, and who had loially iiiyh cted to do Ro, ihe people s,"Mii|iilly held hack fr'UllH i oillpli.ilii e wilh llie law, (eipially hindint; on the (I(V vernmeiit and ilieiiiMlveO yunr Memorialist iipplnil ti the iheii (icneriior (ieniral Sir Charh'» Hau'o!, f ir an ail 'OinUilile Wanant lo enahle him to nii el the < urn nl expenses of the olliep. This reipiiBl His K\i I lleiicy di cliie d co;iipl\ mi; wilh, ll i;h llie ^lia^alllee ui\en to your Mp- murjiilist hy Lord Sydenham was at the game timi; lully rcciyniz.'d hy ilis Kxcellolicy, and your Mi-niiiriuliiil'* claim fur iiiiluinniiy for noii fiiiniinant uiilorluinuil hn 111 to It* cmuiiltTod at a fulura likvd (H'ritHl lu »i>ciii ii« lliu L-uiidnguiuy coniumplutcil liy tliu giiiiriiiiiuu ilioulil Imvu ariMii. Tliiit itntnrclialuly lii'Tirc llii« iirrivnl of ilnit imtmmI, liowiivt-r, nt llm next mculirig of tliB Le- ^i'>llltllrl', It Hill Will JiilrcHli, I'll inlii lliu AhwiiiIiIv ri'iiraliii^ ilm i |iiijm'!i in tlio Uvuiklry Orji- huni\ rnmi wliitli |ifi'!i»)'illv iiiri'iiiii); lli.) iiiturcats of uvury luiii|i!il l'ri>|irirt<>r in tin* ('iiinlry, wim rrniliTi'il iiiii|M'rativn liy a di'iKiralinn in tlio lloiiMi nil lliii |iait III' (lie 1)1^1111 iil' llic KxL'iiilivn. (Tin' I'riiviiK iai Sri>r<:tiiry WcMt, wlltm llm Hill w.iN K<>ini{ tlir'itii;li llii' lliinl ll'alllll^, |ir<'|iara(iiry l'> rrccivin;^ llio Unyul Samiinii,) lliHt it w i.H till.' iiilciiiliiii III' llii' I'Xi'riitivii at lliu nrxl Sv^fiiiiii t'litiri'ly lo nnw iiuhIuI llm Mill, wliirli ili'i'lariitiiiii nifiiiii); I'riiiii lurli a ijiMrlur had tliu natural I'llliit ui' runiluring lliu |ivti|ilo ilintruilful III all Liigiklulivi) unacliiii'nls wlialNoevvr. Tlinl lowariN tliu I'limo urtlio 8i-».<>ion, nnii nflor tlio virtual (kklriiclion nl'ilic Krgiitry Dill, iliL' ('lrrkolii|i III' llic CiMiiiiil wliii'li liait tii'i'ii ki'|il ii|H'ii(rw of ulil, Milium; ainiiljiiitiiii'iit nriiiv 1 Iiiiim«, wliitli, as will ii|i|ii'iir by n IcIIrr Iroiii Sir (^liailrs Hnnol's I'liviilr hfcrciaiy, wcro fully adiiiitti'd liy nil l''M'i'll<'iiry, tliiMiu'li lii» ill lii^'iilili prrVi'iiltMl a tiiial ilcrlsioii liiing iln'ii hail, ami Ihu nml- Icr Was h'l't OMT to ho m'IiIi'iI liy ills K.xrrllriiiy llir |irrM'iit (jovi'riiL;iiiziiii; his rlnini lo rrliiuniTiilloii, anil iiiliiiillltiir the liiir(lNlii|i of his (flso us wril as hit ri^lil to llm fiilliliiiriit of llm arraii);(Mia'iit iniori'il into with Lord Syili'nli.mi, laiin'iit (In) iniiliilily of Ills Kxci'llfiicy to alfonl your Mi'iuoriMlisI relief, or to ohligu his advisi'r.s lo };o iiiliiri' llio lloiisu uilli a taso founded in jii^litti! and ri'iison, which in |irivatii lifu Would ho I'oiiNidi'rrd liiiidiii|r In-lwi'in man and man, and in ihv ntlikmunt uf which tiiu faiili and hunuur of tliu Uritikli Crown are at sluko. That your IMi'tmirialist in roii.u'nui'nci' nfli-r a |iuriiiil of Iwonly six years of pnhlii' sprvicc, with a yiiuii>; f.iiinly iiilirely ilepeiulciil on him for support, liiids hlniM'lf reduced hy tlio gruvoUH injury hi; h;is reieived Id the verji;e of iilisohile ruin willi daily <'iicriasiiiu dehl and cnitiarrass- iiieril pressiiiir on him, having already in his reliance on llm failli of (iovcriinieiit morlguged properly inlierileil from his Pareiils to llm amount of upwards of Jt^:),l)UU, enhiiling on your Meniorialitl's F.slule i\n niiniiiil iiilere>t of X'JDO, ami obliged in (onseipienci' of the heavy secu- rities exiicli'il from him hv governnient lo niaUe slill further advances out of IiIh privulu iniuns lu carry on a I'uhlic Deparlineiil, the receipts of which are inadequulu lo its cxiicn.ses. Under these exlraordinary circum.stances, us the tiovornor Gencriil (-f the Canada and llm Ui<|ireseiitativo of Her M.ijeNly appears to he wilhoiit F.Neciitive power or anlhorilv to redress a public wrong or relieve a piivate grievaiiie, your Metiiorialist conlidenllv appeals lo your I.ord- sliip anil ller MMJesly's Ministers to iilVord him that simple jiislice which his case dcniaiiilsi, and he resperU'ully begs leave lo refer your Lordship to a case in |Miinl as ii(li>rilini; a precedent au- ihorizjni; nil application through the Lords of the 'IVeasury to the Iniperial I'arliaineiil for the means of liiiuidaling the just claim of your.MeiiiDrialist, |l is the case of Sir Lionel Smith who Hucceeileil the Manpiis nf Sli^o in the (Jovernmenl of Jamaica, a slali'inriit of which will be found ill a l.i'iler fiom Mr. I'ihIit Secretary Sle|ilieii accompiinyin'^ the estimates published by order of the lloiiseriod little n>oro llinn two yi'iiPN, and his mnnn is iHirnu on the Pension list of tho('ountry for this amount, whilst your Mo>noriiilist who nrlod as Assistant Clerk anil Clerk of the Council fur twenty four years, coniliirting the Ue|iarttm'nl during a i;reat part oi the time, and through the most eventful period in the history ol this Country, to the satisfaction of every Gover'.or under whom he served, receives only vague promises of future benrlil. Trusting tbat your Lordsliip will take measures to nfTord your Momorialisl ample remune- ration (oi the past and security of income lor tiio future. The Right Hon. The Loud Stanley, Secretary of Stale lor the Colonies. &r., &c,, &(-. Viuir Memorialist, &c. U. n. RYLAND. SIR, CIVIL SECRETARY'S OFFICE, Kingston, 30th Janvart, 1841. The Governor General iiiiving transmitter! to llin Serielary of Slate your Memorial willi the scve'sl documents aniioxiMJ to it, clainiiiig ilie fullilMiciit of llio pliMJjre i;ivi>n to you by llic late Lord Sydenham, wIkmi you relinqui.slied tin; Oirui' of Cli'rk of the F.xeciilivo Council ol Lower Canada, that the inconiiMirydur iiroscnt Olliceslmiild be eipiiil lollieamouiit of the pension (£515 currency,) to which vou were cniiMilorid entitled for your services in the Council Ollice, is instructed to convey to you tiie following remarks : Lord Stanley gathers from the papers submitted to his consideration, that you assumed, and Lord Sydenham admitted, that you could not l)e drprivcil of the (Illict' of CItrk o( Ihc Executive Council of Lower Canada, without your own consent or adiMiuate conipensalioii. Tiie under- standing thus subsisting was not, however, founded on an accuiair view of iho fiict. In tlie first place, the I'ommissioii i;r.ii)tcd to Mr. Kyland by Lord Sydeidiam, and (he Royal Mandamus subsequently issued, conferred that Ollice upon Mr. Rylaiid or I must ex'pliiin satisfHCtorily tho reason of my witliliulding fmm Lord Sydenham, the real terms prescribed by this Despatch, on which I held the Oifice of Clerk of the Executive Coun- cil. I trust I sh.ill be able to satisfy his Ijord.sliip on one at least if not hoih of these points, one of which he cmisiders it to be necessary for mo to establish before Her Majesty's Government ran be ealli'd up'>n to fulfil the engagement entt.'red into with mc. I trust that I can show that I did lint receive the ap{ioijitment in question upnn the terms of Lord Normanby's Despatch — that I did not withhold from Lord Sydenham a knowledge of that Despatch, thiit Lord Sydenham bad it more than once before him ; that he knowin-ideralio:i of Ilis M«jesly's (iovernmenl, on accimnl of their Public Services, " and objected to the iniinner only of rcwardiii;; ihetii simply because ho was averse to hcredi- " tary succession to olVice." The subject was nevertheless left open till the arrival of Lord Durham, t<) whom the li'.iul setllemRnt of Ihe (picstii'n was submitted. His Lordship through his Secrelarv, Mr. (.■liarles Ruller, proposed, as I can prove by documenfs in mv possession, that ill lieu of till! (Council Olfice I should have the appointment of Receiver General, then hourly expected to becoun! vacant by the death of llie Incumbent Mr. Hale, a methtxl of discharging my claims wliich he considered as Irss liable to ohjiTtioii thnn tho other. The sudden death of my fullii^r however prcvi I'ls to lh.it of Mr. Ilali;, ami his Lordship's subsequent determination to relinquish the (J iv.iniMn'ui, induced him at once, in order to secure my rights, to issue a Commis- sion under the Great Seal CMnfcriiiii; mi me (he unconditional appointment of Clerk of the Exe- cutive Council of Ijower Canada, and coiitiriniii!; nie in all tho rishls and emoluments of^j^^ \i,ni.mlu office vested in niy predecesscr, anil Loril Durh.im at the same lime desired me in case I should A, pa^c -20. prefer the Receiver Generalship which he had intended fiir me, to apply to him on its becom- ing vacant (wliicii it si'.ortly afterwards did] when his whole interest should bo used to obtain my trunslation tu il. The office therefore was given to nin precis«dy on the same terms and in the manner in which offices in the ("olonies oi in Ensland aw commonly held — determinable indeed at Her Majesty's pleasure, but according to invariable usage to be held during good behaviour ; and I may here nbscrve that (he ollice was and is one ofu merely ministerial nature, and carrying with It no iHilitical weight or influence. That my appointment was not notified by Lord Durban, to the Secretary of State was owing either to his siiiMen departure from Ciinada or to his not considering it an office of such • description as required Her Majesty's conlinnalion. Hut to the want of that notification Lord Normanby's subsequent Despatch owes its origin. Happcnin; in the Spring of 18.19, to see in the London Gazette, a notification of Her Majesty's confirmation of two appointments made by Lord Durham not long before my own (.See Coramin- \ Apprn.lii A, lit A.p»4r«". 10 (ihoM oTtlie present Chief Justice Sir J. Stuart, and of liis brother the Into Snlicilor General'), I complained through Lord Senton thnt mine iiad not liecn noticed from no other motive thnn a fear thai the dilTorenco in the mode of proceeding migiil infer a din'ercncc in the siiibility of my situation. It wiis wit!) imturnl surprise ihiil in Aui;iisl following, i received from Lord Seaton communication of Lord NormanbyV. I)cspnlcl\,* referred to by Lord Stanley, iic the answer lo my complaint — by which it a])i)enred to me thnt it was attempted to change the tenure of a situation I had already held for several roonlhs ns an absolute apiiointment. I am here obliged to refer to facts for wiiich I can only pledp^o my own verucily. But I' rwe it to myself to stale that in a \»ersoniil interview with Lord Scnion, at whiili Mr. Attorney (Jencral ()i>;ilen was present, when I expressed mv intention of rcinonslratins; lo the Secretary of State iiguinst the construction put by Lord Normanby on the terms of my ii|i;iointmcnt. Lord Seaton discournged the proceeding on the ground (which whs conlirmcd by Mr. Ogden'n view of the ease) that Lord Normnnby's Despatch was founded on a niisliike as to my position and rights ; and that I might mal(e myself |ierfcclly easy os to its eflect. lititiiiilly drew up however and .sent lo Lord Senton a memorial of remonstrance lo the Secrolary of Sliile but was advised again lo withdraw it ; and that I did so under the inipre.'siiin so givefi to me, I'lat the Despatcli could not allect me is certain from the Letter I' received op the subject fri i.i liO.I Sea- ton's private Secretary (Col. (ioldie) and' the nliswer, I sent to it the draft of which I have fortunately preserved, but of wliich being in the lone of familiarity belonging lo private friend- ship, I cannot give a full copy. In that answer I l»egin by slating " as you agree with Sir John that it is unnece.ssiiry to remonstrate, and tlial Lord Norinanby's Despatch cannot liy any possibi- lity bo brought li> bear against nie, you may destroy my oflicial communication," Sic, Sic, and' in the coi^ elusion I added, " I have airoady consulted the two P'-isons you inenlion (one of whom was tlie Altopiiey (Jeneral Ogdeii) but they too are- both of opinion that llie Dc.-paUh must- bo considered as u dend leiier." (Vide Col. Goldic's Leller in appendi.\ hereunto annexed.) I afterwards applied through Lord Seaion lo h.ive the Mandamus wiiirh had been issued by the orilors of Lord Normanby, fir granting mo a Provincial Commission under the (jreat Seal antidnteil to the periixl when I had actually been commissioned in the Provinre ; my object Ml this application being to secure my seniority in the event of a Union taking place and iho Odice o( Clerk of the t^xeculive Council then vacant in Upper Canada being tilled up. The answer lo iliis application was conveyed in a Leller from Lord Sydenham's (then WV. Poulelt Thompson's) Secretary Mr. Murtlocb, dated 20th Octolnir, 18,'19, a few days only after His K\cclluncy's arrival, by wiiieli I was informed thai liis Kxcellency hud receiveil a Despatch from the Secretary of Stale Lord John Russell, lo the etFecl that my RInnilarn'is had been issued to my Agent in Kngland, Ix'fore tlie arrival in Kngland of Sir Jolin Colborne's Despatch on the »ubj«?ct. I piirticulatly refer to this letter here, because il appears to me toalVord conebisive proof that Loril Sydenham inusl llien have been made aware by the Secretary of Slate of the |)revious correspondence, and ail the circumstances connected with my appointment and must conse- quently from Ihe tirst have bad a knowlcon this latter point (one most deeply atfecling my feelings and character in consequencfl f>f the view of il inlinialed by Lord Stanley, 1 must (irsl observe that even if the charncler which I trust I have eslabhslied in the public service should not have protected me from the imputation of havinii entrapped Lord Sydeidiar.i irito the arrangemeni be n uie tviili mc in 1811, by with- Inddini; from him the knowledge of Lord Norinanby's Despatch, there were ciTciiinslanees wliich rendered sijcli an attempt at I'oi.oealnieni so ho|ielpss that nothing bnt infi.luntion could have letl me to n'ake it ; I w.is pertectlv aware of I'.onl Sydenham's unliivoiirable (lisposition towards me, anil that I could ex|«'Cl no;liing from him but r. strict and searching < xainiii.Tlion of any d"' .i i should put forward ; anv atleinfil at a concealment of facts recoiiled in his i.wii Despatch l»)ok must have been followed bv iiniiii'diale deleetioa aiiil disgrace, and liis own Si .reinry Mr. Muribi.i>ii>n under the Ureal Seal. i 11 ihe fout of my letter, dated I Ith June, 1S41,) he was convinced upon a closer invcstigalon t^at I had right on my side, granted me money compensation for the fees in question which I con- tented to wuivu, iiiul ai'iorwards explicitly told me that ho considered the Letters Patent I held as But to bo inieri'ured with, unless on the ground of personal misconduct on my part But it may Ins asked how could Lord Sydenham hold this opinion with Lord Normanby's Despatch befiiru him. Uccausc ho must, as Lord Scaton hnd done before him, have considered that Despatch us fuuiidod on a misconception of ray actual position and as not applying to an oHice already lilled up by competent authority and held by me for several months belcire that Despatch was written ; and because he bad received a subsc(|uent communication from Lord John Russell intimating t>is desire that i should not be disturbed in the possession of my ollicc. It is true that the Letter I now ri ler to being private is not on record in the Despatch book, but it isecjiially true that Lord Sydenham received it, and as he intimated to me himself, consi- dered it and acted upi>n it its an authority. This Letter in Lord John Russell's hand writing was shewn lo mc by Lord Sydenham's Chief Secretary Mr. Murdoch, as it was also to the pre- sent Provincial Secietiiry, was perused by mo, and I have such a recollection of its contents that I can distinclly say they were to the purport I have described. I am satisfied that Mr. Murdoch can also bear lestimony to its existence and purport and to the view that Lord Sydenham took of it, Riid will reriR'Uiber that the letter was called forth by the particular and perhaps too zealous interference of som(! of my (ricnds in England to secure Lord John Russell's protection to my .interests. I may add that this Letter was o|)enly relerred to by mo in my written communications with Lord Sydenham as strengthening my right to an edequatc Pension or compensation if I retired from ollice. I trust that in the circumstances I have detailed Lord Stanley will find, if not strict evidence, grounds of moral cortaiiUy that Lord Sydenham had a knowledge of every circumstance con- nected with my (enure of office, that I at least withheld nothing from him in the way of conceal- ment, that be made the arrangement for my retirement on a Pension advisedly, and after being satisliHd that 1 had a right to it, and that it is now binding on Government. That that arrangement was not reported by liim to Her Majesty's Government should not I res,ioctfully sulimii bo now turned to my disadvantage as it was probably owing to Lord Sy- denham's accidtMtt and premature death in less than a month afterwards ; but if I am not mistak- ing he had previously received Lord John Russell's api)roval of the changes he proposed to make in the Executive Council Department. J must K inclusion briefly advert to that part of Lord Stanley's observations which relates to the amount of Pension promised to me. But I not only claim the Pension but remuneration for the loss of my former income of £1030 per annum, lor the advances I have made and the ruinous pecuniary losses I have sulTered in consequence of the non fulfdment of the engagement entered into with mn by Lord Sydenliam on my retiring from office, and accepting another Office which he held out as an equivalent but which by subsequent Acts of Government has been the means of bringing mo to the verge of ruin. 1 have the honor to be. Sir, Your most obedient servant, G. 11. RYLAND, (Copt.) No. 193. SIR, Downing Street, 3] St March, 1844. I have received your Despatch No. 197 of the 16th February, transmitting the copy of a letter from Mr. G, H. Ryland, in which he supplies the explanation called for by my Despatch of the 28th DccMoher last,* relative to the circumstances under which the late Lord Sydenham guaranteed lo Mr. Ryland an income, as Registrar of the District of Quebec, equal to the amount of tlie Pension (£515 cuirency) which he claimed for his services as Clerk of the Executive Council of Lower Canada. It is clear from the information aflTorded to me, that Lord Sydenham was fully aware of this condition attached by H. M. Government to the promotion of Mr. Ryland to the office of Clerk * Hero in nn iidinisgion wliich hIiouIiI Imvc been followeil up hy an immcdintc liquidation of the debt, but my Lord !Stuol(.'y, it will be pcrccivetl, breakf new ground and eturts a t'rueh objection. 18 of the Executive Counril or Lower Cnnndn, but that Ilis LordKhii) ihunghi proper to disregard it, anil enleicd into on ciigii)(L'rrciit willi Mr. Kylaml, whirli involved a violatitin of ilic Instruc- tions of the Socrolnry of Siali-. It in nf course im|M)S!iible fur me lo sanction uny tliiim, as of urhl, foundcnl on llio fact of any pcrsDns, whoever tlicy might I.e, taking on ihemselvcx to set aside, without even re|ii>rting the fiiil, the ollirial liislnu'lioiis of II. M (loveniiiieiil. The ut- most that Mr. Rylanil (ould ex|ietl, under Lor0()0 a year reserved to the Crown by the Reunion Art for Pen- siuns, an nllowanee proportioned to his hieome as Assislaiil Clerk, until it should be in the power of the Provinci:il Government to provide him with a more luerntive oirico than his present one; and, If the Pension Fund admit of it I think that the allowance should be issued from the dlUl at whirb be ceased tu dra.v Salary as Clerk oi the Executive Council. I have, kc. Right Honorable Sib Chabi.es Metcai.fk, Bt. &c. &c. &c. (Signed) STANLEY. ; i ii il il: SIR, Qt-CDEC, 14th May, 1844. I am confident that under the peculiar circumstances of my case you will excuse my again addressing myseU direct 'o Yoiir Excellency, in an.swer to Lord Staidcy's Despatch of the 31st of March last, relative tu my iluims iigainst (iovernmenl. I feel convinced that Her Majesty's Secretary of Stale, in calling upon mo for the explana- tions furnished lhroui;h Your Excellency in February last, and which Ilis Lordship allows In have been, as far as i am concerned, perfectly satisfactory, could not have h.id any intention of evading the payment of a juil and acknowledi^ed debt by fixing on me the imputation of having deceived Loril Sydenham or of repudialini; on tli.il ^;roimil the enuagemcnis of the Ke| resentative of the Soverci^, whost' jTiMnatiire death prevented the [nvvsibilily of explainitiir his public acts. But I can only account for llu view Ilis Lordslii|) lias taken of iho subject by the pri'Mmiplion that a pressure of public businrsa consequent on the sitting of Parliament at the tiire lias been the cause of his overlooking; some most material points in the case and of liisthus adopting u condu- (iun to which en more mature renectiuii he would not have arrived. Under these circumstances I am sure Vonr Excellency will not objprt to bring the case again before His Lordship, with a view, llrst ti> its b.'ini; recoiisiilered and his decision re\ isid by him- self; or (in tin; event of Ilis Lordship still viewini{ it in the same mantlet,) to its lieitig sub- mitted to Her Majesty's Privy Council as involving not oidy individual rij;bls ami the good faith of the Crown, liul embtaeiiig u vital principle of Guvernnicnt seriously atlecting the position of Her Majesty's Rcprcsuntativu in this Province. I shall now, with Your Excellency's permission, briefly take up and answer the grounds on which Lorit Stanley has arrived at the conclusion communicated to me. By His Lordship's Despnlcb it appears that I am acquitted of having acteil throughout the whoUi of the proceeiling in any oilier than an bonorablc anil upright manner, that I concealed noi.hipg from Lord Sydenham, and that that Nobleman was [lerfectly acquainted with every cir- Liimstance connected with mv appointment to ofTice, but according to the Secretary of Stale's Us-ih objection and view of the matter, the lale tJovernor (Jeiieral in entering into the Hrrang«>mcnt ho made with me, violaled some iin|)lied instruction the reasons lor which not liavini; lieen com- municated to the Cuhinial Oirice, the head of that Dcparlmont cannot sanction the proceeding. I trust it will apjMiar to mv Lord .Stanley on a more delibciate and searching view of the rase, that even if the Despatch of Lord Normanby wnto not to Ik- vii'wed ai written under a misconception, and therefore as not applying to my case, there has in fart U'en no violation of il. Uut there is an important preliminary consideration on which 1 may be |)erinitted to dwell. Even ' Till" piiHfia^fc la V'lrlhy of piirliiiilar ntlintii n im beiiiir in ilireot rontrailirtion to tlie wlinlu of Lord SUinlcy'ii prcviuus ur^u .iciil. Mr. KyUuid'a leijitiiimtt: uxpcctutiuiu arc Ueru fully uckiiuwieilged, 1 . t 1 * 13 luppoiing that this merely Tormal objpctinn were well fimndcd and that Loid Sydenham by one of the lus! acts of Ii'in ^oviTiinient wliiuli In; d.d lint survive to report or to cx|)lain, had viulnled «n inittriii'liiM) ronvryoil to iiini hy llic Svcrelury of State, justice forbids lliiit for such un error on his pint ill) inn ict'nl parly wh'i has suirriiilereil advantages hu was entitled to retain and has * (rusted to an iirraiigoniont ni.nle, and a ploilj;i> ^iven by the Representative of his Sovereign whom he had reason to believe to be vested witli suirieieiit authority for the purpose, should at a subse- quent jieriiiil bu visiit'd with ruin on acuuuni of n fact which lie was not bounil to know and had no right or power to enquire into or to ascertain ; Lord Syilenliam came to Canada to carry throu<{h a <;riMt ii.ilional measure ; and was not only generally understooil to hold plenary (Mjwcrs to make all i'\< cntivc arraiigeinonls nei:essaiy li»r carrying that incasuie into full etfect, but the ■rrangem Mils wliiili he did make for that purpose under such general and discretionary authority have all l>eL>n rnainiaiiieil and stand good except that which lie made with iiic ; and even that arrangeini'iil has been r iiroposcd when Lord Durham appointed me. The effect therefore of Lord i»ormanby's Desp.ileli, if eifect had lieen given to it, woiil.l have been to alter ilie tenure of tho office several iiioi.ilis after it had been bestowed on me, by annexing a condition which was not even imagined when 1 received it. But giving it its fullest effect it will bo found lliat Lord Sydenham did not violate tho ins- truction il C'liiveyed. It intimated that if it were found impossible in the event of the Union taking iil.ico to c.intiiiuo me as (,Merk of the Council, I was not to be considered as entitleensioii i.r coiii|>eiisalion. Uiil that impossiblily was not found and cannot be alleged to have ever existed, on the contrary I lit^UI the Ortiee of Clerk of the Council, doing the duty of tho whole l)e|iarli!iei:l for both sections of the Province for several months. The arrangement made with me hv Loid Svdenluini was based on the admission that I might have continued to hold the OtFuu', ami lie was llie person wiio was to judge of tho possibility or impossibility of my services being enniiniied ; but lliis point does not rest on h's admission alone, for I have shewn in my former leltir to Voir I''\cellei!cy of (ho Otli February hist, that the then Secretary for (he Colo- nies, Lord .loliii Russell, by a r.etter to Lord Sydenham, the existence of which I lia'-e proved beyond a doulil, dt-elarcd tli.!t I was to be continued in the olfice I held. I will not for a moment admit the sopposition that I shall be met by ano'.lier formal objection, that it was not competent to Lord .loliii Russell liy a private letter, such as that to which 1 refer, ap|)ears to have been, to cancel llie ell'.el of a public Despatch such as that of Lord Normanby, but I adduce it as a further and con(diisiv( proof that ihe impossibility of eonlinuing my services after the Union, which was the sole condition on which even under Lord Normanby's Despatch my right of preserving the Office couiil tie liefeatod, did not exist in the judgment either of Her Majesty's Representative here or o( the Secretary of State for the Cobmies ; and therefore tliat Lord Sydenham did not violate either the letter or spirit of that Despati h when he made an arrangement with me for com- 1;, , pensatiim for the turrendor of the OHice in ipicsti m. It cannot indeed be pretended tlint any im-from .\1iiiut« possibility of mv continuing in the Office could have existed, either in rclcrence to mv fitness for "f t'"'i,n«l it or to any i;roiiiiu part and biid in part; it would b<> contrnry to ilie plainest principles of justice that Ibo Gnvernmcnt sbouhl affirm it as far as it was advnnlagcous (o itself, and disiilfirm i*. as far as it coMfercd advantage on me; I should then have a right upon the snme principles to itc replaced precistdy in thu situulioii in which I was when Lord Sydenham mndo the olFcr to me which the Government now pro|M>scii to repudiate. I ought to bo restored to tbo situation of Clerk of the Council ; and I should then be entitled to claim tho same consideration and ihe same advantages as were cxiomled to other Officers of my own standing and rank when tho union look place ; some of whom received ap- pointments of equal or even greater value, and others liberal rr;tiring pensions. Lord Stanley has intimated an opinion that al the utmost, I should only be entitled to a pcn| sion as for the situation of Assislunt Clerk of llio Council. The measure of favour which His Lordship would thus give me, would place me in a worse situation than thu person who succreded mo as Assistant Clerk, yet holding no (Commission and who after having held the siliialinn less tlinn three years and alter obtaining an increase of salary only in February pieceding his reiirement was allowed by Lord Sydenham lo retire upon a pen- sion of one half of his augmented salary. I earnestly, however, contend, that to limit me to such a rate of pension as my Lord Stanley mentions would be crowning the injustice of refusing to abide by Lord Sydenham's arrangement with me ; 1 respectfully urge that having in consequence of my father's great age and infirmities, conducted tho whole business of the Department for some years before liis death — having been appointed to succeed liim, not only in tlie ordinary course of oHicinl promotion, but from regard had to his long and faithful services as well as to my own, atd having, as I have already urged been appointed absolutelv and unconditionally liy a Governor wli>> had full powers lo make the apiKiintment, I was entitled to a retiring allowance calculated u[>on the cmolumrnis of the Offica so conferred upon nic. In conclusion, as my Lord Stanley has admitted that the Office to which I have been trans- ferred, has not realizeil " Ihe legitimate ex|ieclnlions I had a right to entertain from the agrce- mert with Lord Sydenham," I trust that his Mis Lordship will not refuse to reconsider the case in the views I have allempted now to give of it ; but should the result of such revision still bo unfavourable to me, 1 would then respeclfully pray that my claim upon tho justice and giKxi failh of Government as pledged to mo by Lonl Sydenham may Ixs brouglit before Her Majesty in Her Privy Council ; and notwithstanding the delays ami diflicullies that have arisen in the adjusl- nnent of ihosc claims, I will not abandon the ho|ic that they will be al last admitted; and that under Your Excellency's wise and upright adniinislration, my case may 1«' an example that tlw rights of the Subject will be fully protected, and the honor of tho Crown maintained. 1 have the honor to be, Sir, with great respect. Your Eiicetlency's most obedient humble servant. His Excellency the Right Honorable Sir Charles Metcalfe, Governor General, &r. &c. tic. G. H. RYLAND. SIR, M I' N T LILAC, Quebec, 18th Mat, 1844. I have to request you will lay before His Excellency the Governor General in eonnexion with my letter to him of the l.'ilh Instant, the enclosed copy of a letter written lo me by order of Sir Richard Jackson on ihe 8lh of January, 1842, which fully proves if further proof is requisite, bow futterly inapplicable Lord Nornianliy's Des|)utcli was. lo my case, and as my Lord Stanley grounds his objcclion to the full liipiidalion of my claims solely on tho implied instruction con- veyed in this Des|>alch ri'lalive to ihe possihilitv of continuing my services in the event of a Union, this letter will I ihiuk convince his Lordship that so far from an impossibility existing, I was not only treated with, and considered as but actually was Clerk of ihc Council of the Unit- ed Provinces up to the jKiriod when the Registry Ordinancu was put into operation and entitled 15 to, and rcceivoil not only Salary but compensation Tor fees (under a previous arransement on- torml into with Lord Sydunliam sumo muntlis after tlio Union of the Provinces by which I con- fuutod to wiiivo my right to exact, those omolumeniB of ullice from resident* of that portion of the United Province which bcfuru constituted Upper Canada. Lord Sydcnliam's nrrangomcnts with mo it will bo seen both as regarded foes and Salary were fully recognizt'd and acted uf un by hi.i successor ns settled and confirmed transanctiona ; nnil any attempt ut this Lite pcciud tu repudiate these acts or (o refuse the payment of my just claims arising out of them, after tho explanations required by the Secretary of State and which it is admittcdihave been satisluctorily given would I again most respectfully urge, tend to destroy all conlidenco in the acts of the Heprcscutative of the Sovereign, and at the same time be at variance with tho acknowledged justice of the Britisli Government. r have the honour to be, Sir, Your must obedient humble servant, G. H. RYLAND. J. M. KlOGINSON, Es(t., Civil Secretary, &c., &c., &c. Copy. No. 2J7, SIR,, Downing Street, 27th June, 1844. I have received your Dospatclies No. 92 & 97, of the 20th & 25th May last, enclosing copies of two letters which have been addresccd tu you by Mr. G. H. Ryland, on the subject of his claim to be compensated for the loss of the OIBce of Clerk of the Executive Council of Lower Canada.* Mr. Ryland is desirous either that I should revise the decision which I have already pro- nounced on his claim, or that his case should be submitted fur the consideration of the Queen in Council. Vuu will inform him that I have attentively weighed the arguments on which he rests hi* present application, but that I have nut seen in them any thing to justify my departing from the view which I have already taken ofhiscase, viz, that he is only entitled to be compensated for the loss of the Oirice of Assisliint Clerk, which ho held previously to his promotion to the Clerk- ship of tho Executive Council of Lower Canada. Considering the peculiar circumstances of Mr. Rylund's case, I think that, although not entitled to it as a muUer of right, the temporary allow- ance which I prop.)so(l in my Despatch of tlic 31st March last to assign to him, might fairly bo computed upon the increased scale of salary allotted to his successor in the Assistant Clerkship, provided you should see no objection to grunting, him this indulgence. With regard to Mr. Ryland's proposal that his case should be referred for the consideration of ITor Majesty in Council, you will inform him, that Her Majesty couhl lot be advised to con- sult the .ludicial Committee of the Privy Council upon it, because there is no Judicial question dependir!; ; neither could Her Majesty bo advised to consult the Privy Council collectively, or to depart I'rom the Rules by which the Crown is usually guided in cases analogons to his own. In rommnicafing the substance of this Despatch to Mr. Ryland, you will express to him my regret that I have been unable to take a more favorable view of his claim. The Right Honorable. Sib Charles Metcalfe, Bart. &c. &c. I have &c., (Signed) STANLEY. &c. Quebec, 24th August, 1844. SUt^ Having received (h)Tn the Civil Secretary communication of Lord Stanley's last Despatch relative to my claims on Government, I am again compelled to address myself to Your Excel- lency with a view to a further reference being had to Her Majesty's Secretary of Stale on the subject. • I.oril Stonloy bore nlmndons HisIfibI filijrction, nnd InsinpBiglitof the arrnngcmpnt with the Rcprescil- Mtivc of tlu! Oowii iiniliT wliii'li Mr. K>laiicl roiisciitoil to give up llie Cli'rkRliip of the Council of Canada, tircclu tu treat Mr. KyliiDd'a cluiiii an one tor coinpciisutiuu fur lues ufan Ollicc in Lower Canada. ..,«W«Ut*l««kMNM y'l lllllllwWill' U would nppcnr that my l^oril Stanley Iiri ihrntighoul lulKiund iinitor ll.o orroiieoiM concnp- lion that I i-lHim remuitpmlion for Iho luu iif iho ollicu u( CIt'rk m iliu C'ltiiiiril uf Lower (/'nnadu, and that unilur iliia tiU|iiH<«illon liu liiii HwurilctI me a |>c'nai>)n of tliu pruiiKt ninoniit of (hat for which my Me»iongcr m tho aforuiaid P«purlQ«n( it nuw burno on (h« I'uii»iuu Liat of tha Uuunlry. On ihii point I cravo with nil due iiul>miw>ion to not hii [rf>nl*lii{) ri){lii, and rt^apoctfully In n'.bmit thnt my claim lias n.> rvrvri'iii-u to nny iip|Miintiiiriit I nil|;lit liiivu la-Id in iliai pHrt uf (ha Province liilhorlo termed Lower CtininlH, Imt to llic rulliliiiciit nr »n nrriiiigeiiicnl enliTi'd into with me tiy Her Mnjesly'ii Kepresieiiliitivu in lliin i'rivinco on (lie part nf llie Crown, a/ltr tht Union, by wliicli I niniented on nultlic groniiiLi mid under cert.iin < nndilionii di>l;iii lly e\promed in a momoraiidiini laid before the lute liotenior Ueiienil to rV'ign lliu a|ipointiiivn( oft'lcrk of the Council of Canada, to whirli I liiid licrn apiHiinlcd on the riimn ul tlir I'rovincen, id Februiiry, lHi\, by l.urd Sydunlinm at the di'siie of tlic then Setrt'liiry of Slute Lord John RuMfll. My negollHtion with Lord 8yd)Mihamnn wliiidi my clainm uro fiiiiniled, lind no relation to the ClerkMiip of the Council of Lower CiinHilii wliii h had ceiived to cNivt, ;iiid I nuiv here refer Your Kxi-elli.'iny to the term' of ihe KU-irHtilrc (rix-n tome on tlii' ^.'nl of Auj^uhI, |H4|, (ho very firtt aonli'nto nf wliith !i|M>iik»of Fees given op by me sint'c the Union, imd i>i;niii further on it continnes, "hi it m |iii!k>ibl« that thn emidiiiiienli of the IteifiNtiHrsliip of (juulx't' iimy fiill very fitr below those of your present olhce " (tliiit is the Clerkship of the Coiiiiiilcif the United Province,) " Mis Exccllenry is willinj; tn Kiiiiianter to you an Income cipiMJ to I' •• !«iim to which yoil wonltl be rnlilled hs h retiring iillowiiiice were your emph'viiicnl in the t'ublic Service altogether disroniitinnl," Noihing I think run more phiiiily ileiiinii.'-lriilc lii.m iliis the (Nisition I then held in ller MMJeMy'.i Service, lint in order to remove nil pi»siliililv of donlit u|ion llw B« Ap)wnilix nuhject I would call Your Kxcell':ncy's and Loril Stiinley'i utteiilion to my iiirni,i| letters of tho 9j['*'™ Srd ScptemliiT, nnd 17th DecemlM-r, 18-11, wherein I pave my loiiMi-.t nnth-r ci-rinin conditiuni only to the arrangement propowd concluding in my answer to Sir Uicliard JntkMiii's circohir of tho Stii December, IH4I, by stipulating (hat in (use Sir CInirles lii>^<>i iljil i< .| iip{Tove of my appoinlneni as Kegislrar nf QuiIh-c, I ^hould iclurn to the otliie ^klli( li I tlit-n lield us Registrar and Cleik of the Council of Cuniidu, until such time ns nnotlu-r of i(|niil resp-nabilily and nmolumeiit should bu provided for me, nnd Your Kxcellency is d iuIiiI.'sn iiwa'i- lh.it tho office was not filled up nor n suicess>>r appoiiiled to me f ir nearly a year il'irr. lint ll^er!' is another very importanl leatore in the com: which my Lord '^tuIllev appears lo li.ivo inllti |y overlooked, via : that he himself was a p.rty to the traiisactiim which he would now repndiatr, in as much aa the api>ointments filled up bv Sir Richard Jackson in complinnie willi pri-vioiis airangementa entered into by l>ord Sydenham, were duly and onicially commuciiiiled nnd u li^l forwarded in which my name is iiichiih-d by Sir Charles nHgii( to the Coloninl Oliice < f which my Lord Stanley was (ho heml, who subsetpienlly acknowledircd and confirmed ihi-ni by hia Despatch In ^iir Charles liagot of the Ut June, IStJ, ami if Lord Sydenham's suiMi-ii liiiith pretented hii oommunicutin^, or his Surcessoi omitled to notify the precise tcrins nl the arrangement en- tered into with me, that is no atTair of mine, nor can I with justice In- lit-hl ri'sp-uisiblo for lliia omission on their part. Ihave shewn that my app-iintmeiit as Clerk if III'- (''Hincil of Canada wai Sill lioned by anticipation in the Despatch ol Lord Normanby, of tin- On^ -Inlyi ISS9, nnd directly by the acts of Lord John Russell and Lord Sydenhum on the rnioii nf ibi- Provinces, in Felwuary, IHII, and that I afterwards in grvnd hiilli and on public unmi.iis consented (o relinqiiibh this appoirilmenl when I was not eo!n|)ellable to do so, it is iinmcissary however again to go 'over grounds which have already Ih-i-h brought si ch hi ly lender Lonl Stanley's notice, sotTice it (ha( the exphinnlions I have lieen called U|)on to ^iv<< have bi-rii declared satis- factory, and that the Secretary of Slate admits the principle iipnn wliii h inv il itni ri-sta, in hii view of the cast- I am eniith-d to a IVnsion, and as far therefnn- as ihi- I'iiinrr is cncerneil tho questinn of amount reman- sidely to Ih- del* rmineil, and upon this head the lni|ieijal Act 4th and 5th Will. IV. Cap. 21, on wli lii the Pensions of those Public Servants vvh' l.ave retirel.^ guaranteed to me an ailei|uate renmiK-ration for the loss nf ihe ofTli e in question. Before 'lie expiration nf thn year Imwevei, a measure was sanclmned by llie Ksecntive, which did away with the remuneratini; clauses nf the |{e);istry Hill, and llie Ar* passed during the last Sexsinn nf the Provincial Parlianienl abolished the District Olliee allngelher, (ulting ulT three- fuuiths of Ihe territorial extent and substituting a mere County Office instead. My positiin tliereforo with regard to fiovernment is now entirely changi-d from what it waa at the lime of mv accepting the guarantee and u|i to ihe period of the liriit alteration in the Act, and 1 consequently claim, Ist. To bo reimbursed the monies wliii h I have advanced from my private mcani for lb* public aervice on ihe faith uf Uovcrnmeni, as pledged to me by Lord Sydenham. ^-'WIM ipMM 17 inil. PHyment iif iho inrome wliirh I oiij.ncil o» Clerk itl tho Council iif C'liiindB from tlie f4lluf the year 1841, wliuii I conMiitcil lo retire frum it. 3rilly. Rtmuneriitiim for tho heavy losutrii to wliicli I have bicn Hulijecled by the non fiihil- tiiriit oil the part of the Crown of tho iirraiigvinoiit ftiluroir the future a Pfiisiuii u|' £515 per aniiiiiD, lo wliirli by my It'iigib of iscr- \\cv I 11111 uiilitluil under tlio lin|M'rial Act llli iiiiil 5tli Will. IV. Cii|i. ^1, or lo be rcMored to llin Clerkshipof the Council with llie samo iidvunlngen as wlivn I retired from it. It may perhnpi be niniiidiired a liarxli incnturo to diipoNsoM the prestml incumbent, luil when it in iHirnii in mind ibiit he Iiiik no claim on (iovurnmunt oilier than llial founded on liii> iK'Cupatioii of iho Council olUcc during llie last H) months it will I liiink be allowed that the hardship on him would be trilling compiirod wilh llm injuMice that would bo inflicted on mr were I without ndcipiale rumuneriilioii, and wilhout cauNv to be deprived on any pretext what- MMiver of an apjioinimcnt expressly 'junferrcd un mu by my Sovereign in approbation of my unk'iul conduct. In conclusion as my l.onl Slaidey wilh every inciinatiim to do mo justice, which from ilio high eharacler that Noideniiin enjnys as a Minister of the Crown for honour and intenrily in the conduct of lliiit branch of lliu public hcrvice enlruslcd to his churire, I will not abandon tho bulief after the uxpl.inations now );iven, that I ^Ilail ultinuilely receive, may yet bo a loss for funds lo meet my claim, would respet itully |)oint lo ihe I'ciision List of i,'5IM)0 per annum, rciiorved by the reunion .Vet which shews an uiiapprop ted and available amount of about £2,00() |M.>r ainmm, out of which a part of my claim for the past as well as a pension for tiio future might bo secured me, and lo the fund set a-part by the same Act fur the Exenilive Council Depart- nienl which since ihe retirement of Vour Kxcellency's lale Ministry exhibits a very considerable nnapproprialed amount and as my piescnl claim arises out of the position I formerly held in that Deparlmvnt, I rcKpecfuily submit that this sum might fairly be applied as |K>culiarly ap|dicnble lo itiv case, particularly «s it would wilh Ihe bahmce above mentioned on llie Pension List afford iii'arly a sulFicienl amount li> cover llie wiioh; of my claim, without tho necessity of applying villier to the I'loviiicial Lei;islaluro or to the Imperial Parliament on the subject. I have llie honour to be. Sir, wilh great respect, Your Kxcellency's most obedient humble iervant, G. 11. RYLAND. His F.xcciloncy the llighl Honorable SiH Charles Mktcalfi:, (iovernor (Jeneral, &c., &c., &c. C I \' I L S i: C R K T A R Y ' S O F F I t E , SIR, Mo.NTREAL, 25th October, 18-14. I am dirccled by the (Jovernor (ieneral to inform you that His Excellency has received a Dospalcb from ibe Secretary of Slate acknowledging Ihe receipt of your communication of the 23r.i August last, in which you claim further compensation for the loss of the Office of Clerk of the Executive Council, and lor the nnn-fuHilmeiit of the expectation which had been hcli! out lo vou when you accepied the Office of Registrar of the District of (Quebec ; and the Governor (Jeiieral is inslriicled lo acquaint you that Iufficicnl grounds to alter tho view which be had already taken ofyour case. The claim which you prefer cannot be admitted as a matter of right ; aii|ii-ct tiiu numo. " Pimt, you will nl tho cnrlioit oppnrtiiniiy enter into n diligent rovinw oftlio ofTiroa in llic (tppoinltncnt oniiu Crown anil of till- luciil liovL'rnini'nl, u» (lutailiMl in llio Report of lliu Com- iiiitli'i! mill (liu Aiipi'iiilix, willi a viuw to usi-rrliiiii to wliiit rvti'iit lliry may without impniritiK llio (.■iFii'ii'nry of tliu pulilic siTvirn lii< rnlnii'd iMiiiiciliiili'ly ami pri>,s|iiM'tivc>ly ; voii will report to mo the ri'Mill of your itiviisti^iitiiin with surli puriirulur iiirnrimitiori aa will enable lliii Miiji'sty'* (luvernmunt lu ilvcido in each raio on Iho expediency of adopting your recommendation, " Seroiidly, if during tlio refercnrc of that report tome nny oiTRsion oreiirs for tho reduction of ofTicPH, either by nbolitiim or by luiisulidulion, you will exereiso your own discretion as lu waitiiii; for further inalruelions or procci'iling nl oncu to the reduction, eny appointment however miido under such circuinstnnces will In; mornly provisinnni ; In ca»e of the immediate abolition of any ojice not required fur the efficient dincharge of the piifUic nervice, you will xtiputate for HHch a rotnprnnation to the present holders aa the dinappointment of their reasonable expeclationa may entitle C!,em to receive. '' In dealing with existing interests, the local Lcgislnturn will, I doubt not, be well disposed in adopt llio rules which have been uniformly taken by Pirliament for the guidance of Iheir disiTetioii in similar cases, 'i'lie saving of public n.onry which would arise from the unex|i<'clcd rediiclioii of olliciul incomes would not only subject numerous fiuuilies to extreme distress but by iinparing general ronjidrnce in the public credit would weaken the fuundaliuns on which all proprietory right must ultimately rcposi!. " Tho King confidently relics on His faithful subjects of Upper Canada that they will not reduce His Majesty to the distressing alternntivu of either abandoning the just interests of any of His servants ur opposing himself to measures having for their object the reduction uf public expenditure." If a fancied violation on the purl of Lord Sydenham of unknown implied instructions conveyed to one of the Governors of Lower Canada, could in the opinion of Lord Stanley be strained to my prejudice, surely I ought by a purity of reasoning to be allowed the fullest possiblu benefit of a poaitire instruction conveyed to the (iovcrnor of I'pper ("annda and declared by the Secretary of Stale to be applicable to bolli I'roviiiccs, particularly when it is borne in minil that I tuirrendered nt the instance of tho Crown advanlages of which I could not without my consent have U'cn deprived, and entered into a solemn arrangement with (iovcrnment my right to the fullilinent of which has been admitted by llie late and present Governors General of Canada, and the Executive Council of the day forming in f:ict the Government of the (.'ountry, (Vide Olliciul Letter from the Piovincial Secretniy, dated 7tli April, 1813.) G. H. RVLAND. I :, Jictract from the 3Iinutes of Council if the Gth September, 1828. " Ilis Kxcellcncy was pleased to direct the Assistant Clerk of lb.! Council to make a Minute on the hook of Council of his entire sutisfnction with the mani'.fr in which the Uutiness uf (,'ouncil has been now brought to a conclusion." Truly extracted. E. PARENT. 90 IKJKIIAM. \i m H,f»f,-,\ Vlt TiHll.V, ll.» ll.lJillKI- l>l" (iol'i 111 lln- (ji'KK^, DilViiilcr nCilif Kiiiili. riiilcil KiiiKilorn "f (in lit Mriliiin jiml Irrl.iml, ' '(HHtlUKNIUII .illfKllllllllJ lirorfi' II tltUlxl I" Iw I 'Irtk 111 lh<' Kimiliti' I 'ilUI" 11 111 1. 1' rOiHli iiiiil ilrft-t .ll till' lI'Mii ralilr llrnnan Whuiw Hv- UHil .I'.ilKC.I I I « l K, lliiil rfpoiiiiK ('»•( iitnl I'ltnrxlonrn jti iIh' IdviiIiv, iiiii'Krily Hml uhilily of Our ■^ IkIiumI Hit.1 I'mililul (IKOKCr, IIKKM.W KYI.AM); ..fO.ir Cily ol q,,.)!... , K«<|.iir.i, Ur of Our <|H>< liil gtiii I't (trliiiii liiiowli'il){u iiiiil nicrt' inolion, liuvc roiiNliliiltil hihI u|i|ioiiili>il, .iiiil Lit iliiM' l'ii'Miisiiiiii<< ;tiiil ii|i|ioiiit tliii siiil (iKDiifir. IIrhman Uvlanii Io (hi ( i.KHh iif iliir l\»:t rin »: (diTNc II. of iiiiijfur Our I'no\ incr liuli of riulil oiit;lit lo In loii){ to llic nuiiii', unto liiin llin laiil (irorKu lii'riiiiin Ktluiiil, for iiiiil iliiriiiK ()ur Uotiil I'lvnuiiri', niiii iliu rcaidencii uf (liu uiil Guori(o llvr> iiiiiii liylniiil ill «>»r *>'i>rcMi Svnl of our MiitI l'ro«iiii'« uf Lower ChiukIii lo U; iMirvuiilo allUvtl. Wii'NMii, Our Kiitlit Triikiy uiiil KikI I VVfll-|{<> of Our Mo^l llonnrnlile I'rivv Coiiiii'il, niiil (iovrrnor-OKiicriil, Virr- Atlmiml Hiiil Cii|>iiiiii (itMierul of hII Our IVoviimi'd widmi miil iiilj.iifiii to iliu C'oiiliiient of Norili Aiiieririi, lie. enlli iliiv of Oi IoUt, in llic «eiir of our l.onl mie llioii«iiiiil i'ii;|ii liunilreil iinil lliirtv- cmlil. Knil in llie wcoiul \eiir of Our Hvi^u. I) DAI.V, Srrrflarn. \\ (Copy., No. ft.1. SIR, DowMiNri Stiibbt, Sun .Fii.v, IH3!). I hiive tlie lionor to arktlowleil);r llie rei eipl of your Denpntrli of llio 8lli iilliino, No. i< t, eiicliwinn iiii n|)|ilic«tion frmii Mr. Ryl.mil for llie iv«ue of llic iiiiiiil Wiirrniit under llie lloyal Mi(n Mmiiinl ii|i|Hiinlini{ liini Clerk of ilie Kxeculiv Coiiiicil of l.nwer Ciiniidii. In reply, I liej; to inliirin yon ilmt Mr. |{yliinir» iioiniiiBllon to lliin Olliie win not re|Mirteil lo my I'rederess«ir liy the Hurl of Durliani, and lunsoiinciitly it \\i\n iiii|H)lerliiin wax ii projicrone and oiit;lit t<> lie eonlirincd, I will i{ivo llie neroMHt} direet ions for preparing the iiHiial Warrnnl. Hut in tliiil ra»e vmi will apprize Mr Kylnnd that if the two I'rovincrs ol I'piwr and (.ower Canada ihoidd he herenfler unilnl, and it iihould lie found in cniiMiquenco iin|H)Shiblc to I iiniinue his i|iiirii you T'lrlliwilli tii rniiMt l.i'llurf I'Hlnnl Ik Imi |>u*mir CiiiiniU in Amerini, i'iiiiiiliiiiiiiii( iin, Imlii, I'xrrciiiii nml nijoy iIh> laniil ()tlir'« nnd i'lurtt iliiriiiK Our I'lemiuru wiili all lliu HiKliln, Vwh, l*r<>litK, l'rivili>)(iw hiiiI Ailvnnliixct ilierflunlo lM)liini(iiii( or n|>|ierliiinin^. Ami ymi nm In niuM< lo lio iiiwili'd in iho Kiiiil I^iivrn I'lilcnt n CliiuM iir I'roviiti) oltli^in^ liini lliu aaiil (loot);!) Ili^rimin Kyluiitl M hcIumI rcniilttnco wiihin Uur kiiiil I'rovini't', iiiitl (o uxrcuio ilio rniitl Ollico in liin own (writon, evcciii in Cnre of SickneM or olhor ltirn|iiii'lily, anil nil aiirh oilivr (iiiusfx nml I'rovino* n% am ri'i| liini Id iind noccmary in tlii* lii'liiill': And for Ml doiiiK tliii tliiill l)o your Wiirrnnl. (iivtii ill Our Courl nt Windior, llif V'liili diiy of Aii^iiM IH.'il), ill iIk^ Third Vcht ufOur Iti'iKn. Oif'Rni: IIkmman Kvi.ANn, Kxq., ID Ih) (Mi'tk of itii'. Kxi'ciiiivo Council, Lower Ciinndii. I)y lliir Mnji'Diy'ii (,'otnmaiid, NOIIMANHV. KXKCCTIVK COUNCIL OKFICK, nm, KiNuaTON, IIth Junb, 184L Willi ri-fL'rpnrc lo our rr«nlion llic oilior iluy, ridiilivo lo iho VeM of the Clerk of thi* K\('riitivi< ('oiini-il, I Imvu lo iiiforni you ilmi in (■iiiucqurncu of your migKcslion, ihat Iho do- iiiiiniliiii{ of Kni'« from llii- Tppor CanndinnH, wlio hovo not In'tin Hiciinlumcd to pay thorn, might orrnHicin coiii|iliiinl9, which, nl tlii^ inonipiil, would biiii'«s iloni> III the iiistiiiirc of fiiilividuiili hiivin^ rliiiiiiiton OovcrniiHMil. In ccaiting, howevrr, l<< il'.Mii.iiid lliii«« rii;hlK of onicc, I wi^h lo liu rli'iirly iinderMoiid that it ix merely for the purpo«i' • i( I'Miliiiiliii;^ I'lililic lliiNiiii'so, iinil iii not lo lir i!on!ilni<'d into an abundnnment on my part of n rii(lil lonxiict ilii'se emuliiini'iiH, or to rrrcivc imlomniricntion from(iuvernmont for tho lota thereof. I liuvc ihu honour tu (m>, Sir, kc, kc, &o., (Signed) O. II. RYLAND Tun ilox. S. B. IIarhlion, in: tic. be. Mkhorandum : — liy His Excellency the Govprnnr Ooncrnl. Head — This cnn only k> contidcrcd ns n cavoal — I do not briiurc that the Clerk has env ii^lil tu lliu hVc!* at nil. M'twimiiditin communicnted lo His Excellency the Governor General on the 22u(l Avirmt, li^ll. Tli(> undorsigned standi in a diflerent position from any other Public OfTicer in the Province, liiiviiu; (leculiar claims upon Government, which have been acnowledged by difTerent Governors from ilip I)uk(? of Richmoml downwards, ami by succeeding Secretaries of State under both Tory and VVIiii; Ailminislrations, niid it was in reward of services that the situation of Registrar and (jlerkofilio Kxecutive Council was specially conferred on him. This Oflice is worth per annum £1030, 23 It is an Onicc ranking (ns will appear by (ho siilijuinrtl F.rltcr from Sir James Craig to Mr. Secretary Peel, in answer lo a sugjjostion frmn llio Karl of Liverpool,) higli among llie I'ublic Do- DHrlinonts of Government, no security is re(|uirc(l of the holder, nor ilucs any pecuniary responsibi- lity attach lo l?ie Ollicc. It is the express desire of the Serrotary of Slate that the undersigned shall continue to fill it, or that he sliall receive an eciuivnlent for llic !oss thereof. His Kxcpllciiry's measures requiring a change in the construction of llio Council Oflire by which a great part of the rcsponsiiiility and duty of the Registrar and Clerk will devolve on liie President. It has been suggested that (he undersigned shall in lieu of the Odice ho now holds be nppoinleil lo the Regislrarsbip of Queiiec, an (Xrice of less resperlability without fixed salary and to depend entirely on Fees, which as established by ihc Ordinance 4. Vict. Cup. 'V.), arc particu- larly small, tlio duties will be onerous ill the extreme, the rosjionsibility great, ,. d the security required unprecedented. ( Vide Sec. 8.) The undersijnetl has taken considerable pains to ascertain the prnpahle value nfihis new OlTice and from a source, Prothonolarie.s Quebec, on which he can perfectly rely, he has galherid the I'ollowing Fads Viz : That owirg to the heavy genera' enrogislration of old deeds and particularly that which under the 2m\ Jih and .'iid >eer annum £2.')0 Clerks or Writers ' 200 Heiit of Mouse for OlTices 90 Stationary, Fuel, Office Servant, Printing and contingencies 120 Total expense £GGO (Nothing ..aid of Olfice furniture.) £C(iO Would leave a balance for the remuneration of Registrar of £110 The Income derived from the OITicc of the Clerk of the Kxccutivc Council as before stated amounts lo £1030 Dedui t brtl.ince as above forming actual Income of Registrar £1-10 O Would (setting aside the tirst year's emolument, leave a diminution of Income of. £H'JO ll I5v ilii' lib and jib Will. |\', tlic^ undersigned wouM bo entitled lo a retiring allowance if one-luilfiif bis official income and but for the duty be owes a young family, he might be tempteil lo avail himself of this enactment. Sbould it however bo the (lovernor Cn'neral's pleasure to confer on the undesigned in lien of his present ollice that of llegislrar of ibe District of (|uebe(', be trusts it will lie nccorr.panled with sucli pecnni.irv remuneration as umler the lircumslances of ibe c nse Mis Kxcrllenry mav think the undersigned in lairncs'- uiil ecpiity justly enlitled lo receive, taking into consideration the comparative value of the two ap[iointments together with the anioi.nt of responsibility and deiivee of Irtlwiur allarbicl to ca( b, or a guiiraiilee of such annual income as will' the (possible over- plus derivalili' fruiu llie l»l viar's enregislralion under ibi' Ordinance I \'ic. Cap .10, sball M'Ciire liim un eipiival'-nl for lln' full amount of the income now eiijoyt'd by him as Registrar and ( Ifrk of ibe F.xecutivo Council and wbiili be now consents in order to meet the views of Mis i!xrrl- lencv to re|in<[uisli. Th» Governor fieneral havitiL', on the 22nd .\ugust 1841, been pleased to acquiesce in ihr justice of the alHivestatiinenl, Mr. Kyl.incI was desirrd to jiut him.vlf in communication with Mr. Sec retarv Murd"< li to wliom Mis Kxccllencv dci tared be would give the necessai^' instructions t.i meet Mr. Rvland'n views ; ibe latter aitordmgly addressed a note on the subject to ibc (.'liic 1 23 S7,'?I'ri""."'« 25.1. .1.0 following official Ie.,«. f . ''■—..... .s..fOciTf:ia':«''-n' .ocarr, «- I^J^S'^/^i^e^/S « H. RYLAIVD, Ex. CI. Office. SIR, ., K'^osToN, 23d Auocst, 1841 ,, ^n reply I am (o inform vou Subsequent to (he ileadi of (lie la(e CJovernor General Lord Sydenham, llie folliwiiii.' cir- cular was addressed bv Mr. Secreiarv East to Mr. Rvland : [ Circular. SECRETARY'S O K E I SIR, Kinoston.Kth I)k« . I^■^l. i am commanded bv (lie .\ilniini»(ra(or of (he {ioveriimcn( to I'flTcr for >our acci ptiim c ilic Registrarship of the District if Quebcr. In so doing, however, I nm to add that His Kxcellenry is desirous you should perli r(ly un- derstand (hat this appointment i.s otlered you subject to (lie approval .if the Govenor (ioncral, nnd that if, on Sir Charles Bagol's arrival, he siiould see tit to revoke it in favor of any nilier tixfy, it is not to be held to give you any claim whatever upon (he (iovernmen( for other oirKiid em- ployment or indemnification. I have the honor to U-, Sir, Your most oliedient servant, G. II. Rvland, Esq. &C. iiC. &C. Quebec. D. r>.\LY, Secretary. 2r. V J Mount La^c, Qu.„ ,7 No. 5. SIR, «».o Ordinance 4 vL. ciXil^S:.''" ""^"-^ """^ ^^^^y^^'^^'^:^:.^^, Canada ^pecia.,;: tScklttgo'J''^:^!?! "^ ^'""^'^e^v^^ei"?: ^T'^ Sn;" I •Mould be most sorrv to iitn L, . "'^ '="'«="rastance like ,;, '^^*-'^'"''"")' subm t does not H""' respectability How. D. Dalt, *"■• &c. tr. i have, &c., (Signed) ^- H- KVLAND. (Co»T.) SIR, CHIEF SECRETARY OFFICE, K.NCSTov, 8th Janharv, ,842,. , w.« JANUAHV, ,842 • ' am commanded bv iho a 1 • ' ^"Sti -;;-ti3 7r""^;^^plrrL-";^^- « VVa.ant bad compo„„,i,„ would "'arco J".:^^' ;t I."*" "T "^^-^-'^"do wirvou t"."''' ^^-'"^-r -«'»»ary General to py"',o;:r';.^"'^^^ 'I''' Excellency ImatorH^'^'T """"''"" 'h« /ot you would be entitled f;,rlh / ""^ "^ ^' <« Ns. 8d r ,rrn„ ^'.S'y authorised the Com ..ree<, u„n by L;:d"s;d;;tm''"' '"""'"^ ^-- '«' soptemr ri' irrfst' i:sr.:^':3 2J^- RvLA.VD, Esq. I havp, «{r. T. VV. C- MURDOCH, f'*'*/ Secrttart/. "'^""-'•'«-^^K:;k-'"- ^ c,„ No. 6. 26 Account of Receipts ami Disbursemvnti during tlit Y«ir 1842 Disburaeinenh. Rent of House for Offices, to 31st May, 18 12 £ 37 10 IJi> do do 1st JaiiuBry, 1SI3, at jCS5 per niinum S6 Id 612 10 Salary of Dcputv and two Clerks. ■ ^ Mr. (Jnrd.m £8 \ Mr. Curler 3 6 8 Extra Writers, Office Furniture Miller, for clearing snow from front of Office. Office Keeper Office Counter, and Painting d< Eednrd, for moving Counter Fire Wood, Winter 1811 and 1812 Do present Winter Stoves Coals, and Carting do Tin Smith's Account for Pipes, &r. &c Stationery, Printing, &c CmV...'. 11 27 3 <1U 4 8 12 !) 5 .5 66 12 6 18 10 12 4 4 15 £812 4 4 Receipts. 1S21 Memorials, and 3 Documents at'lcngtli, cnrcgistcred — amounting to 530 8 3J Excess of Disbursements over the amount of Fees received £.281 16 Oj| In flildition to llie above may bo added the sums of £16 3s. and £46. =£92 3. paid on Insurance to the F.-niilc Life .\ssuriince Ciinipany of Lnniliin, and handed over iis a odlalcral ^ecurilv to those gentlemen who had entered into recof^nizances in my t.ivour, and which, be it remembered, is not like a person beini; security under ordinary circupislances for the honesty of an officer holding n pecuniary trust, hut here the securities of llie Registrar are answerable for the faults of the Deputy and Clerks as well as of the Registrar hiniscif, and tl'diigh it may bo said that the family of the Registrar will henclit by this forced Insurance at his death, still it must be borne in mind that they arc also held answerable for three years after Ilia death fur ."M errors and faults in his office whilst living. (Signed) (;. 11. RYI.AND. (jrEHCC, 17lh DtXE-MUKH, 1843. SIR, With reference to my claims rpainst (iovcrnineni, I beg resiicclUiliy tf> call ilis Excellencv's r n to the fact, that the Act lately passed by llie Provincial Legislature, amending tjie Re- I-' Ordinance and pmviding for .t division of the present Registry Districts into Counties, will have the tlTcct of depriving me of upwards of /Aref/ourM* of my present juri.stliction, there- by o( course pro|x>rtionably diminishing my cliunco of deriving any rcinuneration from the office I lioid under the arrangement entered into with Iler Majesty's Rejiresentative. I may '■^so observe that the extension of time given has already <>[)crated as a total check on registration, and that unless the CJovernment set the example by ordering the proper Officer without delay to rlfect the Cmwn cnregistratinn, ( wliii li lor its own siikc should at once be done in order tn save the e\|«ncc cf ilnublc rnlries,! \<< which nfler the IM "«'• interpretation of " Very sincerely yours, " (Signed) T. VV. C. MURDOCH,-