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i^ 
 
 RETURN. 
 
 To AN A DiniKss (if the iIonoriil)lc the Legislative Council to His Excellency the 
 Governor General, (luted 21st October lb!;',:>, for: — 
 
 Copies of the Corrospondancc that has taken place between the Executive Govern- 
 ment a ndJ. E. Turcotte, Es(iuire, on the subject of his claim for Salary as Soli- 
 citor General in 1S47, to;;ether with all pai)ers and documents havin;j; reference 
 thereto, as also extracts from any Orders in Council that may have been passed 
 
 relatinii to said claim. 
 
 By Command, 
 
 A. N. MORIN, 
 
 Secretary. 
 
 Secretary's OlTice, 
 
 Quebec, lOth Foliruary, 1(S;'"):1, 
 
 (Translation.) 
 
 Sf-cketauy'.s Office. 
 
 Montrca', 10th December, 1847. 
 
 Siu, I have the honor, l)y order of the G«»vernor General, to transmit to you 
 
 the two Commissions enclo;-ed herein, appnintin<,' you to the oflTiccs of Solicitor Gene- 
 ral and <iucen's Counsel for Lower-Canada, to which it has pleased His Excellency 
 
 to call you. 
 
 The fee on each of these Conunissions is <C3. 5. 0, which you will be pleased 
 
 to transmit to this Department. 
 
 I have the honor to be, 
 
 etc., &c., «fec., 
 
 (Signed,) E. PARENT, 
 
 Asst. Secy. 
 J. E. Turcotte, Esq., 
 
 Solicitor General, 
 
 &c., &c., (fee, 
 Three-Rivers. 
 
 t; 
 
 I 
 I 
 
 Secretary's Office, 
 
 Montreal, 11th December, 1847. 
 
 giR In my letter of yesterday transmitting you your Commissions of Solicitor 
 
 General "and of Queen's Counsel. I omitted to request you to acknowledge the receipt 
 
 A 
 
.a 
 
 thereof, with an official acceptance of said offices, should you be disposed to accept 
 the same. 
 
 You will be pleased to comply with the above at your earliest convenience, as 
 the publication of the said appointments will not take place before. 
 
 I have the honor to be, 
 
 &c., (fcc, &c., 
 
 (Signed,) E. PARENT, 
 
 Asst. Secy. 
 J. E. Turcotte, Esq., 
 
 Solicitor General, 
 <kc., <fec., &.C. 
 Three-Rivers. 
 
 (Translation.) 
 
 Three-Rivers, 14th December, 1847. 
 
 Sir, — I have the honor to acknowledge the receipt of your letter of the 10th 
 instant, as well as of the two Commissions ])y which it has pleased Ilis Excellency 
 the Governor General to appoint me to the offices of Solicitor General and Queen's 
 Counsel for Lower-Canada. I was absent from home when they arrived, otherwise 
 I should have hastened, as I do now, to accept with gratitude this double mark of 
 confidence on the part of His Excellency, and to beg of you, at the same time, to be 
 pleased to convey for me to his Excellency the expression of my most sincere thank- 
 fulness and of my most profound respect, in anticipation of the time when circums- 
 tances will permit me personally to express these sentiments to His Excellency. 
 
 I have the honor to be. 
 
 i 
 
 &.C., &c., (fcc. 
 
 Signed, J. E. TURCOTTE. 
 
 Et. Parent, Esq., 
 
 Asst. Secy. 
 &c., &c«, &c. 
 Montreal. 
 
cccpt 
 c, as 
 
 
 (Translation.) 
 
 Thrcc-Rivcrs, rjth May, 1848. 
 
 SiK, — I rccjucst that you will be pleased to suhiuit the enclosed Petition to His 
 Exeellcncy the (iovernor General. I transmit to you also ^v•ith it the orijrinal of the 
 letter mentioned in it, reservinj^ to myself the right to elaim its return according to 
 circumstances. 
 
 lleceive, Sir, the assurance of the high consiileration with which 
 
 I have the honor to be, 
 
 «kc., &c., (fcc, 
 (Signed,) J. E. TUllCOTTE. 
 
 ThcIIonble. R. B. Sullivan, 
 
 I'rovl. Secy. 
 
 <kc„ &c., &c. 
 Montreal. 
 
 10th 
 
 llency 
 ucen's 
 crwise 
 irk of 
 , to be 
 thank- 
 rcums- 
 
 To His Excellency the Earl of Elgin and Kincardine, Gover- 
 nor General of British North America &c., &.c. 
 
 The undersigned has the honor most respectfully to represent to your Excellency- 
 
 That by a letter written to him on the 15th of 'May last, on behalf of your 
 Excellency, by Christopher Dunkin Esf[., then Assistant Provincial Secretary, he 
 was informed " that it had pleased Your Excellency to appoint him to the oflice of 
 " Solicitor General for Lower Canada, and that his Commission as such, dated that 
 " day (l/jth May 1847,) would be transmitted to him with the least possible delay." 
 
 That in consequence of this letter and of the communications which had previously 
 taken place between him and one of the Members of the then Administration, the 
 undersigned was entitled from thenceforth to consider himself as Solicitor General 
 de facto, and conscfpiently to act as such in all respects in which it was not required 
 that his appointment should be invested with ollicial forms and sanctions, which he 
 accordingly did. 
 
 That for reasons unknown to him, but which certainly did not proceed from 
 any act of his, the undersigned, thus virtually appointed Solicitor General by your 
 Excellency on the 15th of iSIay last, did not receive his formal Commission as such 
 until the 8th of December last, but that, nevertheless, he considers himself entitled 
 to claim the emoluments attached to that office from the 15th of May last, as he has 
 been in a position to feel its inconveniences. 
 
 That the undersigned therefore most humbly prays Your Excellency to be 
 pleased to take his present Petition into consideration, and to grant him the cmolu- 
 
4 
 
 mont.s iittiiclicil to tlio ofllcc of SulicitfH" (iimutiiI fiT that ]»;ut of (lie Province foniicrly 
 Lower Ciiiiiida, rcckoniii;^ from tho l.Uli May hi.^t to the dato of the aii|)oiiitiueut 
 of his successor. 
 
 And the undersigned, as much from inclination as from duty, will ever pray. 
 
 Three-Rivers, ')th ]\Iay. 1H48. 
 
 iVc, iSiv., &.C. 
 (SignodO .1. K. TUUCOTTE. 
 
 infill! 
 
 Skcrktauv's Oi'iicr:, 
 
 Montreal, I'.th May, 1817. 
 
 Sill, — T liavo the honor hy command of the rjovernor General to infjrm you that 
 His Excellency has Itoen pleased to appoint vnutotlio olUcc of Solicitor (Icneral 
 for Lower Canada, and that your romiiiis>ioTi as such hearing date this day will he 
 transmitted to you with the least possible delay. 
 
 I have the honor to he, 
 
 ite., &.C., ik,e. 
 
 (Signed,) 
 
 CIIUISTorilEll DUNKTN, 
 
 Asst. Secretary. 
 
 J. E. Turcottc, Esq,. 
 
 &c., tfcc, «kc. 
 Three-Rivers. 
 
 Secretaky'.s Okficr, 
 
 13 th May, 1848. 
 
 Sir, — I have the honor to inform you that iinniediately on the receipt of your 
 letter of the Gth May instant, enclosinii- a 'nomorial to the Governor General on the 
 sul>ject of the salary of the ofiice of Solicitor General for Lower Canada, I brought 
 the latter document under the consideration of His Excellency. I also submittcil to 
 Ilis Excellency the original letter of Mr. A;;sistunt Secretary DuMl<in, dated the ir)th 
 May 1847, in which that Gentleman informs you that the Governor General had 
 been pleased to appoint you Solicitor General and that your Commission as such, 
 bearing date that day, wouM be transmitted to you with the least possible delay. 
 
 It appears from the correspondence remaining in this Department that the 
 intention of issuing a Commission to you as Solicitor General was for some reason 
 not carried into effect until the 8th December last. On the 10th of December, by 
 command of His Excellency the present Governor General, Mr. Assistant Secretary 
 
 i 
 
5 
 
 PiUTiit orn-loscil tlic (.'oininissiuiis of Solicitor (Iciirnil ami (>»iO('ii'.s Counsel to you, 
 ami in SI letter the iioxt <lay, re([UCHts }'ou to notify your iieeeptanee of tlie oHico, 
 statin;^ that without the iicccptancc no puhlieation of the appointments couhl take 
 place. 
 
 On the 14th Peceinbor you reply to Mr. Parent eonununicatin;^? to him for the 
 inforniiiiion of His Exeolleney that you accepted the oflice. 
 
 l»y your meniotial I umlerstaml you to claim the salary of Solicitor General 
 from the ir)th May lS47, thouj;h no Commission issued till the Sth l)eceml)cr, and 
 no])uI)lication of any appointment to the ollice appeared and althoU',di your acceptance 
 of the oliice hears dale niily untlie Idlh I)ccciM!ier, •^tatini; in ynur nicniorial that you 
 acted as Solicitor (Jeneral in all that did not re(iuire the nomination to be clothed 
 with the form of the ollicial seal. 
 
 1 am commanded l»y His ExecUenoy to inform you that he knows of no duties 
 wliich you could have been le;.'ally called upon to perform as Her Majesty's Solicitor 
 Gencr.il without the sanction of the Commission appcrtainin,:^ to theo(lic(>, ami tint the 
 Executive Government has no authority to direct payment of salary except to odicers 
 re,Li;ulaily appoiiite<l and Commissionned. whose acceptance and assumption ofthe<lutios 
 of the ollico have been in due season and unennivocally ommunieated to the 
 Gtjvernment. 
 
 I have the honor to be, 
 
 etc., &c., «kc. 
 
 J. E. Turcottc, Es*!-, 
 
 Q. C. 
 (kc, A:c.. &,c. 
 Three- Rivers, 
 
 II. B. SULLIVAN, 
 
 Secretary, 
 
 (Translation.) 
 
 Three-Rivers, ir)th May, 1848. 
 
 Sir, — I have the honor to acknowledge the receipt of your letter of the 10th 
 instant, in answer to tlie memorial which you were so good as to convey to Ilis 
 Excellency for mo. 
 
 I should consider this answer as final if I eoidd persuade myself that I had 
 demanded in th.it memorial any thing more than a simjile Act of justice, the payment 
 of a debt which any tribunal in the country Avould aAvard nic if its jurisdiction could 
 reach my debtor ; l)ui as I venture to flatter myself that Ilis Excellency will be 
 pleased to take this matter again into consideration after having been apprised of 
 certain circumstances which I had not thought fit to recall to his recollection, you 
 
t 
 
 ' I 
 
 will l)cplpiisc(l innst respectfully to suhniit on my part to His Exrclioncy the enclosed 
 extriicts fVoiii a letter written Ity me to the Ilonorahle 1). 1>. rapincaii and frutn 
 that f^entlcmati's answer. 
 
 I know that these letters are not to be found in the public ofhees, liecause they 
 were conhdential ; but I am persuaded that on seein;;the extracts from them which 
 I transmit to you, His Excellency will remember perfectly having seeti in them my 
 acceptance of the oflice of Solicitor General which was offered to me, and that it is in 
 consecjuence of the acceptance by me of that ofl'er that His Excellency was pleased 
 to appoint mc to that office by Mr. Assistant Secretary Dunkin's letter of the l')th 
 of May last. 
 
 I'crhaps, also, the same extract from Mr. I'apineau's letter respecting; the elec 
 tion for the county of Champlain is calculated to call His Excellency's attention to the 
 fact that in this Province the oflice of Solicitor General is not only a legal but also 
 a political office, an<l that it is on this latter {;roun<l that 1 was called upon, if not 
 professionally, at least politically and conbtitutionally, with authority and of necessity, 
 to Act as Solicitor General in jn-esentin;; myself as a candiilate in a County as such, 
 and in taking all the necessary steps to secure my election. 
 
 As to my appointment, 1 have always thought, and I think still, that the will of 
 Her Majesty's Representative to confer it expressed in writing, on the one hand, and my 
 dcclarationof a willingness to accept it and discharge its duties, previously expressed 
 and known to him, on the other, was all that was essential to the formation of a perfect 
 contract, involving reciprocal obligations, ai\d that the Commission or the Letters 
 patent that were to follow were not intended to form this contract, which existed 
 already without them, but rather to give it pu1»licity, and authentically to make known 
 its existence to those whom it might concern, as the very terms of these Letters 
 Patent prove. 
 
 With respect to my acceptance of the 14th of December and subsequently to 
 my Commission, it was asked of me, and when I gave it I saw in it only a confirma- 
 tion of that already given by me on the 14th of May last, and which His Excellency 
 had known of since that time. 
 
 I beg of you, therefore, to be pleased to call His Excellency's attention once 
 more to the memorial in question, as well as to the facts set forth in this letter and 
 proved by the enclosed extracts from other letters, and to receive the assurance of 
 the hich consideration with which 
 
 I 
 
 ii! 
 
 1 have the honor to be. 
 
 Your very humble servant, 
 (Signed,) J. E. TURCOTTE. 
 
 The Honble. R. B. Sullivan, 
 
 Provincial Secretary, 
 
 &c., (fcc, <fcc. 
 Montreal, 
 
 J. E. 
 
 I— 
 
(Translation.) 
 
 cnclttscd 
 ii'l from 
 
 iiso tlioy 
 III ^vliich 
 licm my 
 t it is in 
 pleased 
 the l")th 
 
 the eloc 
 >n to the 
 hut also 
 , if not 
 lecessity, 
 as such, 
 
 ho will of 
 1, and my 
 expressed 
 a perfect 
 Letters 
 n existed 
 ke known 
 c Letters 
 
 lently to 
 con firm a- 
 xcellcucy 
 
 ition once 
 ittcr and 
 iranco of 
 
 TE. 
 
 1 
 
 I 
 
 (K XT II ACT.) 
 
 Three Rivers, 14th May, 1817. 
 
 Sir,-- Since my return I have had opportunities of consulting, indirectly, a 
 good nuiiil>cr nf my friends in this iJistri'Jt upon tl»e sul)jcct we converscil aliout in 
 Montreal, and all those to whom 1 8pok(> pressed me to accept the urticc in (jtiestion. 
 
 Hein;; thus supported hy the opinions of the most inlluential persons in the 
 District, I cannot hesitate any longer, ami I accept the offer which you have been 
 pleased to make to me in the name of the (Jovernment. 
 
 I have the hon<ir to he, 
 tfcc, ^c, &c. 
 (8i«,'ned,) 
 The Hon. D. B. Papineau, 
 
 &c., &.C., <kc, 
 Montreal. 
 
 J. E. TTJUCOTTE. 
 
 (Translation.) 
 
 (Extract from Answkr.) 
 
 Montreal, ir)th May, 1847. 
 
 Sir, — I have the honor to acknowledge the receipt of your letter of yesterday ; 
 and if Mr. Daly were not absent, steps would inunediately be taken for preparing 
 your Commission. 
 
 Mr. McNabb is expected here on the SOth instant, and he can immediately issue 
 a writ of election for Champlain ; so that you may be before hand and bind your party 
 in ailvuuce, so as to baffle any oppositiim that may be made to you. 
 
 3 P. M., I have just seen His Excellency, to whom I communicated your letter 
 (of acceptance) and the result of the interview was an order to Mr. Assistant Secre- 
 tary to inform you that you are appointed Solicitor General this very day. The 
 letter will be written in five minutes, and you will receive it, I hope, in the same 
 cover with this. 
 
 Yours, (kc. 
 
 (Signed,) 
 
 D. B. PAPINEAU. 
 
 J. E. Turcotte, Esq., 
 
 &c., (S&c, &c. 
 Three-Rivers. 
 
8 
 
 fc)i:( iiiiTAUv'H Offk K, 
 
 Montroiil, isth Miiy, ]«!«. 
 
 Sill, I liavc till* Iioiior to ackin»\Nlct|;^'(' llio iTcclpt of ymir letter uf tlie l.')th 
 Mny instiint, eiielosiii;^' extracts from a letter in your possessiuu IVom Mr. 1). li. 
 Pa|)iiie!iu juMressoiI t<» yourself iiiitl iiii extnict from u copy of a letter uildresscil i>y 
 you In tli:it ;,'eiitleiiiiiii. wliicli you say have a Itearin;^ upon your cliiiiii for .Hillary in 
 the odice of Sdiieittir ijeneral, iiiid upon Asliich you pray a recoiisMeratiou of the 
 decision wliieli I liad tlic limior of conmiunieatinj^ to you. 
 
 Tt scenis to iiic that your last application i.s not in a coinlition to lie suliinitted 
 for Tlis Kxe('ll(>ney'.s consnleration, as it i.s (piife iinpossihic for Ciovernnient to direct 
 u payment of pul)lic money, uj)on extracts of private or coiilidenlial eomnnuiications, 
 withlu'ld hy the ajtplicant. 'I'lic justification for payment of puldic money is, of 
 necessity, alway.s pul'lic, and if tiicse l(>ttcrs contain any grounds upon uliicli your 
 claim can lie jirop<Tly foiindcil, tlicy nuist he such as the (lovernmciit can explain 
 ami exhiliit oin-nly in rariiament. 
 
 As copies of these letters arc not retaineil in this Department, and as the Govern- 
 ment may at any time he called on in the Le^'islativc Assenddy to prodnce the corres- 
 pondence upon uliicli either its compliance with your application, or its refusal, nuiy 
 be fonndid. von will jiereeive at once that your application cannot Ke entertained in 
 its pr(>sent shape. 
 
 I have the honor to he, 
 
 &c., etc., (Sec. 
 (Si^jncd,) 
 
 R. B. SULLIVAN, 
 
 Secretary. 
 
 J. E. Turcotte, Esip, 
 
 &c., (kc, &c. 
 Three-Rivers. 
 
 I 
 
 corrc^ 
 appoi 
 
 i a;^ain 
 T ha.l 
 
 i f 
 
 : I 
 
 111 
 
 i 
 
 ! !i f. 
 
Trunsjlution.) 
 
 til." l.'.fJi 
 
 •Ml. I>. M. 
 
 In -scil |»y 
 
 .Hillary in 
 
 ion ul' the 
 
 siiliiiiitted 
 lit ti» direct 
 iniii';itioii8. 
 icy is, of 
 1 1 id I your 
 II ('\i)luin 
 
 he (lovcrn- 
 
 tlic coiTca- 
 "iismI, may 
 I'l'taiiH'd in 
 
 I 
 
 Tlireo-nivors, lOtli May, 1818. 
 
 Siu,— I liavp till" linjior to a('kiiow!c<lL'<' tln> receipt of your letter of yesterday, 
 tlie IHth In.stant, ami in reply, I niust tell yoii that 1 appreciate perfectly tiic reasons 
 wlileii you j^ive ine for not bavin;; sulmiitteil my last letter to His Ivxci-lleney, uccom- 
 panied as it was l>y mere extracts from a eorrcspondeneo which the (l(tvernment 
 ou"ht to have in an entire and authentic form in order to he aide to iustifv any 
 decision to which it may C(»me. 
 
 I am writin;; in t'()nsc(|ueneo to Mr. TV IV T'apineati for his permission to 
 transmit to the (lovernment the entire eorresjiondence, ami I hincercdy lielie\<' that 
 when His F.\e<'llency shall have liefire him all tliceorrespundencc there will no Ioniser 
 ho any possil»ility of a dnilit that I am entitled to the claim \slii(Ii 1 have ha<l the 
 honor to make through you to the Kxeeutive (iitvernment. 
 
 I have the honor to ho, 
 tkc, Ac, tV.o. 
 (Si.^ned.) 
 
 The lion. R. "R. Sullivan, 
 
 Trovincial Secy. 
 
 vte., A:c., <S:o., 
 Montreal. 
 
 J. K. TUliCOTTE 
 
 ctary. 
 
 (Translation.) 
 
 Three-Rivers, Hist ^lay, 1848. 
 
 Siu. — iravinr;; placed myself in a position to ho ahloto transmit to you all the 
 correspondence between the Ilonoralde 1). 15. Vapineau and myself relative to my 
 appointment to and acceptance of the oflice of Solicitor Genei.'il you will he [tleased 
 a,;i;ain to call the attention of His Exe(dleney to my petition of the fifth instant, which 
 I hail the honor to sulimlt, throULrh you, to Ilis Kxeellency. 
 
 His Excellencv can satisfy himself from this corresi)iindenco that on the 28th 
 of April 1847, the Honoraldc 1). 1!. I'apineau made mo the oft'er of a political 
 (iflicc ; that on the 1st of May 1847, I rcfuseil that offer ; that on the f}rd of the 
 S'lnie month Mr. Papineau persisted, and invited mo toi^o to Montreal ; that I went 
 i,.jvc, and that after liavini; had from him several explanations on the ministerial 
 lH\t;ociations of the day, and taken time toeonsult my friends, I wrote to Mr. Papineau 
 on the 14th of May 1847, that I aeceptcd the offer which he had made me in the 
 name of the Government ; and lastly, that on the lath of May 1847, Mr. Papineau 
 ■wrote to mo that he had submitted my letter, that is to say my acceptance, to Uis 
 Excellency, and that in consdiuonco of that acceptance Ilis Excellency had given 
 orders to Mr. Assistant-Secretary Dunkin to Avrite to mo that I was appointed 
 Solicitor General for Lower Canada, which Avas done the same day, loth of May, 
 as is proved by the letter accompanying my memorial. 
 
 B 
 
10 
 
 i;[ * 
 
 I mi<^ht add that a few days after bavin;; received this letter I had an oppor- 
 tunity of personally tanking His Excellency fur the confidence whicli he had shewn me ; 
 but that as a few days only had elapsed since my appointment I did not think it right 
 to speak of my Commission to His Excellency at that time. 
 
 Nevertheless I have written several times since to the proj)er quarter to request 
 that this Connnission should be given to nic, and in answer to my applicationan at- 
 tcnipt was made to impose upon me new and impossible conditions. 
 
 I think, then, that the letter of the 15th of May 1847, informing me, on behalf 
 of Ilis Excellency, that I was appointed Solicitor General, and that my Commission 
 as such, dated the same day, wouM be transmitted to me with the least possible delay, 
 joined to my previous acceptance of the offer of that office, is a perfect contract 
 between the representative of Jler Majesty and myself, involving reciprocal obliga- 
 tions which obligations 1)cing on my part of a legal and political nature I was entitled 
 and l)ound in consequence of that contract to take action in respect of the latter, 
 and I did sj. If the publicity conferred by Letters Patent or a Commission was not 
 given to this contract, so as to enable mc to act professionally, as I had acted politi- 
 cally, it was not my fault. I Avas ready ; I waited ; and indeed it was not the most 
 diffi'^Lilt of my obligjitious. Moreover, I repeatedly put the Government in mora to 
 <5ause these Letters Patent to issue, in order that I might be enabled to fulfill the 
 obligations of a professional kind inqioscd upon me by my appointment. 
 
 The Government of that day, from a motive unknown to me, did not do so until 
 the 8th of December last. Must I suffer from that 'I I do not think so, and that is 
 why I address myself now to the present Government, which is in law the same Go- 
 vernment, to Itcg of it to 1)0 pleased to discharge the obligations entcvcd into b}' it with 
 me on the loth of May last, that is to say, to pay me the salary attached to the office 
 of Solicitor General from that date, even as I, on my part, have fulfilled as much as 
 in me lay the duties of that office. 
 
 As for my acceptance of the 14th of December last, I sent it only because it 
 was demanded of me, and after much hesitation on my part ; so much so that I 
 thought it necessary to make a pretext to excuse in some degree my delay in sending 
 it ; for I thought then, as I think still, that, the contract having being complete since 
 the ir)th of May last, this secnn<l and last acceptance was superfiuous. Nevertheless 
 I sent it, not tliinking that the Government could or would subsequently make use 
 of it against me. 
 
 Such are. Sir, the facts with which I would present myself with confidence before 
 the tribunals of the country, to obtain from them the adjudication of the salary which 
 I claim, if the afftiir was between individuals sul)ject to their jurisdiction ; but in 
 the present state of our legislation I can and ought to have recourse only to the 
 justice of the Executive Government, and that is why I beg of you to ])c pleased again 
 to call the attention of His Excellency to my Petition of the 5th instant, and to 
 
 sub 
 sor\ 
 
 I 
 
 Th( 
 
 (Ti 
 
 
11 
 
 I an oppor- 
 l shewn me ; 
 link it right 
 
 r to request 
 iitionan at- 
 
 on bolialf 
 Commission 
 siblc ilehiy, 
 ct contract 
 jcal oblinja- 
 vas entitled 
 r the hvtter, 
 ion Mas not 
 icted politi- 
 jt the most 
 i)t, mora to 
 fulfill the 
 
 do so until 
 and that is 
 ^ same Go- 
 ) by it with 
 the office 
 i much as 
 
 jccause it 
 so that I 
 in sending 
 )lete since 
 'vcrthcless 
 make use 
 
 'ncc before 
 lary which 
 I ; but in 
 ly to the 
 Lscd again 
 it, and to 
 
 submit to him this letter also, and those which I transmit to you inclosed, which will 
 serve to apprize His Excellency of all the circumstances in relation to this affair. 
 
 I 
 
 I have the honor to be, 
 (fcc, &c., (fcc, 
 (Signed,) 
 The Hon. R. B. Sullivan, 
 
 Provincial Secy. 
 
 &c., &-C., &.C. 
 
 Montreal. 
 
 J. E. TURCOTTE. 
 
 (Translation.) 
 
 {Private and covfidcntiah) 
 
 Montreal, 28th April, 1847. 
 
 Sir, — Would you have the goodness to let me know if, in the event of Mr. Guillet's 
 resigning his seat in Parliament you would have any certainty of getting yourself 
 elected for the county of Champlain, even in case you should have accepted an office 
 or place under the Government :— Moreover, whether you would consent to accept such 
 a place, which would expose you, as I have alrc-vdy l)een exposed for some time, to 
 incessant attacks from our fellow countrymen, who arc not willing either to replace me 
 when I offer to go out or to leave me where I am. 
 
 When 1 know how you feel disposed in this respect I will see what I can do for 
 you, and will let you know ; for in spite of what certain newspaper say my colleagues 
 have more deference for me than these papers would allow people to believe. 
 
 Your answer, if possible, by return of post, will oblige 
 
 &c., &/C., ifcc, 
 (Signed,) 
 
 D. B. PAPINEAU. 
 
 J. E. Turcotte, Esq., 
 
 (kc, (fee, &c., 
 Three-Rivers. 
 
 (Translation.) 
 
 Three-Rivers, 1st May, 1847. 
 
 S,Rj_Our mails are so irregular at this season that I received only last night 
 your letter of the 28th, the receipt of which I have now the honor to acknowledge ; 
 and I hasten to tell you in reply that I have every reason to believe that I could be 
 elected without difficulty in the County of Champlain, with any office whatever under 
 the Government ; but I must tell you at the same time that under present circums- 
 tances it would be impossible for me to accept a political office under the Government 
 with advantage to my fellow countrymen and with honor to myself. 
 
'U 
 
 Previous to tlie last negotiations I minjlit liave accepted any situation whatever, 
 ttpon condition that I should f^ct myself elected in the County of Cliamplain or else- 
 where, because then I should have had hopes of an arranf]rcment to the advantage of 
 my fellow countrymen, and which my position o^ elected in the County of Cliamplain 
 and very eligible in the Counties of St. Maurice and Nicoletmi<^lithave facilitated by 
 caushig it to be relished : — but you must sec that these last negotiations having 
 unfortunately resulted unfavorably to such an arrangement, and that having exerted 
 myself to unite on that occasion the suffrages of the District of Threc-Kivers to those 
 of the District of Quel)ec, it is impossible for me now to abuse the little influence I 
 may possess for the pui-pose of isolating an}'' one County from the tacit but well 
 understood alliance which exists between the two Districts, by accepting a political 
 office. 
 
 I venture to hope that you will appreciate these motives, and that you will feel 
 convinced that they are far superior to any feeling which might be produced in me by 
 the fear of the clamors or the proscription of a certain party, Avhich 1 have already 
 braved, and which I would brave again if it were necessary to do so with a view to the 
 public interest. 
 
 I beg of you, therefore, to be pleased to accept of my most sincere thanks for 
 your good intentions with respect to me, and to believe that I am far from being one 
 of those who see nothing bnt snares and treason in the last overtures made to 
 the Canadian party, and that no one feels more than I do how painful your fellow 
 <countrymcn have made your position by their injusti'. ? and calumnies. 
 
 I have the honor to be, 
 
 &c., &,c., (fee, 
 (Signed.) J. E. TURCOTTE. 
 
 The Honorable D. B. Papinonu, 
 
 tfec, (fee. «fcc., 
 Montreal. 
 
 (Translation.) 
 
 Montreal, 8 May 1847. 
 
 Sir, — I have this moment received your letter of the 1st instant, in answer 
 to mine of the 28th of April last. — I have nothing at all to say against your olijections 
 to the acceptance of a political office, except that if you knew the reasons which cau- 
 sed tlie last negotiations to fail perhaps you wouhl change your opinion. — But as there 
 would l)c far too much to write, if your determination is not final and irrevocal)1e, and 
 you have a little leisure, come to Montreal the first favorable opportunity, and after 
 having been informed of the circumstances you will be able to pronounce your decision 
 with a thorough knowledge of the matter. 
 
 It is unnecessary to tell you that this communication on my part, that which 
 preceded it, and your answer, arc all strictly private and confidential, and that 
 
 t 
 
13 
 
 n whatever, 
 •lain or elsc- 
 idvantago of 
 f Cliamplaiii 
 ncilitated by 
 ;ion,s liavin<i; 
 ^ing exerted 
 ers to those 
 
 inlhiencc I 
 it hut well 
 
 a political 
 
 nn\ will feel 
 eel in me by 
 ave already 
 view to the 
 
 thanks for 
 a being one 
 :!S made to 
 your fellow 
 
 •TTE. 
 
 1847. 
 
 in answer 
 objeetions 
 vhich cau- 
 Lit as there 
 ical)le, and 
 »■, and after 
 iir decision 
 
 bat which 
 and that 
 
 I 
 
 no other use should ever be made of them than to remind each other that we have 
 entertained mutual sentiments of esteem and good will, which 1 hope will still last for 
 a long time. 
 
 If you Avritc to me, please to mark your letter ''private "' on the outside. — I 
 will do as much. 
 
 I>elicve me, 
 &c., &c., &,e., 
 
 (Signed,) D. B. PAPIXEAU. 
 J. E. Turcotto, Esip 
 
 &c., &c., (tc, 
 Three- Rivers. 
 
 (Translation.) 
 
 Three-Rivers, 14th May 1847. 
 
 giiij — Since my ivturn I have had an opportunity of consulting indirectly a good 
 number of my friends in this District on the subject we conversed about in Montreal, 
 and all those to whom I spoke urged me to accept the office in question. — Being thus 
 supported by the opinion of the most influential inhabitants of this District, I can no 
 longer hesitate, and 1 accept the offer which you have been pleased to make to me 
 in the name of the Government. 
 
 I attach no formal stipulation to my acceptance of that offer ; but it must be 
 understood l)etween the Government and mc, 
 
 1st. That I shall be free to reside here, 
 
 2nd. That it shall be lawful for me to propose, Avith the assent of the adminis- 
 tration, such amendments to the Education Act of Lower Canada as will be calculated 
 to make itwork more advantageously, by bringing it into harmony with the views of 
 our country people, provided the principle l)c merely modified, and not changed, and 
 that the School funds be raised in a definite mnimcr. 
 
 I undertake to get myself elected for the C(^unty of Champlain, as I told you, 
 as soon as its present Representative shall ha\c resigned ; but I must tell you that 
 it Avould Ije infinitely l)etter thitt the Commission for the office in question should be 
 given to me without delay, and before any attempt is made with Mr. Guillet. 
 
 There will be less outcry when I have the Commission, and Mr. Guillet will be 
 much more disposed to resign ; besides which, I should not like to be abused on 
 mere rumor, as I have been alrcatly on the score of that office. 
 
 I have the honor to be, 
 
 A:c., &c., etc. 
 
 (Signed,) J. E. TURCOTTE, 
 
 The Hon. D. B. Papineau, 
 &C., &/C., <fcc. 
 
 Montreal. 
 
 m 
 
igi 
 
 14 
 
 (Translation.) 
 
 
 
 {Private and confidential.) 
 
 (Trail 
 
 Montreal, 15th May, 1847. 
 
 Sir, — I have the honor to acknowle(l<;c the receipt of your letter of yesterday ; 
 and if Mr. Daly w ere not absent at this moment, having left last evening for 
 Quebec, from whence he Avill return on Tuesday next, steps would immediately be 
 taken for preparing your Coiinnission. It would bo necessary also, of course, to take 
 orders on this subject from His Excellency the Governor General, who at this time 
 (2 o'clock P., M.,) has not yet come to Town. 
 
 I think, however, that on Monday His Excellency will give his orders for this. 
 I cannot, myself, leave Montreal l)eforo Tuesday evening. I propose to leave on that 
 day, to go to Batiscan to see Mr. Guillet as I told you. If your Commission is not 
 ready at the time of my departure, at least it will be so soon after, and must soon be 
 sent to you. Mr. McNalib is expected here on the 20th instant, and he can imme- 
 diately issue a AVrit of Election for Cliamplain, therefore you may Ijc before hand and 
 bind your party, so as to bafile in advance any opposition that may ])e made to you. 
 Moreover, all this is left to your discretion, and you will judge for yourself whether it 
 will be prudent for you to take active measures before you have oljtained both Mr. 
 Guillet's resignation and your Commission. 3 o'clock P., M., I have just seen His 
 Excellency, to whom I connnunicated your letter, and the result of the interview was 
 an order to Mr. Assistant-Secretary to inform you that you are appointed Solicitor 
 General this very day. The letter will bo written in five minutes, and you will 
 receive it, I hope, in the same cover with this : and now, happen what may ! {vogue 
 
 la g-alerc !) 
 
 Yours (fee, 
 
 (Signed,) D. B. PAPINEAU. 
 
 'J. E. Turcotte, Esq,. 
 
 &c., &c., &c. 
 ' Three-Rivers. 
 
 (Translation.) 
 
 Three-Rivers, 4th September, 1848. 
 Sir, — With reference to the letter which I had the honor to address to you on 
 the 30th of May last, containing a certain claim which I felt myself bound to make 
 at that time against the Executive Government of this Provinc, I beg of you, as I 
 did at first verbally, to be pleased not to press the decision, whatever it may be, of 
 His Excellency, on that claim, because I wish to support the position which I have 
 taken with precedents or analogous cases, if it is possible. 
 
 I have the honor to be, 
 
 &c., <kc., &c. 
 
 (Signed,) J. E. TURCOTTE. 
 
 R. B. Sullivan, 
 
 Provincial Secy. 
 
 &c., &c., dec. 
 
 Montreal. 
 
15 
 
 (Translation.) 
 
 .847. 
 
 ' ycstenlay ; 
 ovcning for 
 cdiatoly be 
 irsc, to take 
 .t this time 
 
 ■rs for this. 
 ivc on that 
 ision is not 
 ust soon be 
 '■ can iniine- 
 i-e han<l and 
 lado to you. 
 [' Avliethcr it 
 I both Mr. 
 ; seen Ilis 
 :erview was 
 cd Solicitor 
 d you will 
 ly ! {vogue 
 
 J. 
 
 Montreal, 24th February, 1849. 
 
 U8. 
 
 to you on 
 \ to make 
 
 you, as I 
 nay be, of 
 ch I have 
 
 Sir, — TJcing desirous of obtaining an ofilcial and definitive answer to the Petition 
 \Yhich I had the honor to present to Ilis ExccUcn "y tlie Governor General on the 5th 
 of May last, as well as to the representations wliieh I subsequently made in support of 
 that Petition, I beg of you to be pleased to call Ills Excelleucy's attention to this 
 matter as soon as circumstances may permit him to attend to it, and to transmit to 
 me His Excellency's decision in this respect as soon as you can. 
 
 I have the honor to l)e, 
 
 &c., (kc; &.C., 
 
 (Signed,) J. E. TURCOTTE. 
 
 The Hon. James Leslie, 
 
 Provincial Secy. 
 Montreal. 
 
 Extract from a Report of a Committee of the Honorable the Executive Council on 
 Matters of State dated 10th March 184l>, approved by His Excellency the 
 Governor General in Council on the 12th of the same month. 
 
 On the Letter of J. E. Turcotte, Esquire, dated 24th Fei)ruary ultimo, requesting 
 a definitive decision on his memorial of the oth May ulto. claiming salary as Solicitor 
 General for Canada East, from 15th jNIay 1847, and on the representation subse- 
 quently made in support of that memorial. 
 
 The Commission appointing Mr. Turcotte Solicitor General for Canada East 
 bears date the 8th December 1847. His resignation of that office took place on the 
 10th March 1848, and for that period that Gentleman has received 'jy two Warrants, 
 dated respectively the 30th December 1847 and 10th ^larch 1848, the salary due 
 to him as Solicitor General. 
 
 Mr. Turcotte, however, claims salary from 15th May 1847 to the 8th December 
 of the same year, the day on which his Commission bears date, alleging that his 
 appointment took place on the former date, and therefore that his salary should 
 commence from that period. 
 
 The memorial of the 5th May, the Committee find, was at the time of its receipt 
 laid before Your Excellency, and that by Your Excellency's command the following 
 Letter was addressed to Mr. Turcotte conveyingyour Excellency's decision on the claim. 
 
 " For letter of Provincial Secretary see his letter preceding, dated 13th 
 " May 1848." 
 
'•f 
 
 10 
 
 The Committee desire, in their Report, to record the above letter of Mr. Secretary 
 Sullivan as conveying their view of the groumls on which a decision on Mr. Turcotte's 
 claims must rest. 
 
 On the 15th May Mr. Turcotte requests a reconsideration of his claim, in con- 
 nection with a correspondence, not of an oifieial nnture, which took place previously 
 to his receivin*:; Mr. Uunkin's letter of the loth May 1S47. above referred to, and of 
 which correspondence Mr. Turcotte furnishes such extracts as he conceives to l)ear 
 on the matter at issue. 
 
 To this letter Mr. Secretary Sullivan on the 18th May returned an answer — " see 
 " precedin<^ letter of that date." 
 
 On the 81st May Mr. Turcotte transmits the whole of the correspondence 
 referred to in his previous letter, and rerjuests that it may be submitted to Your 
 Excellency, in order that Your Excellency may be fully informed of all circumstances 
 relating to the transaction. 
 
 It would appear, however, that further communications than those before the 
 Committee passed betweeii Mr. Turcotte and the (Jovernment, which are not on 
 record in the Secretary's department, and which probably have not l)een preserved by 
 Mr. Turcotte, for in his letter of the Cist May Mr. Turcotte states that he has frc(iuen- 
 tly suice the period of his nomination to office written to request that his Commission 
 might be delivered to him, and that in replying to such apjdication, it was sought 
 to impose on him new and impracticable conditions. 
 
 Mr. Turcotte's connuunicationof the 31st May, it would appear from his letter 
 dated 4th September 1848, was not submitted for Your Excellency's final decision 
 in consequence of an express request to that effect, made by that Gentleman, Avho 
 states his desire to sustain, if possilde, the ground he has taken by precedents or 
 analogous cases. 
 
 No further connnunication, however, on tliepart of Mr. Turcotte has been made 
 to the Government, and he now by his letter of the 24th February ultimo, desires a 
 definitive reply to his original memorial of the 5th May 1848 and the further repre- 
 sentations sul)sequently made by him in support thereof. 
 
 The Committee have given the subject of Mr. Turcotte's claim, which by Y'our 
 Excellency's connnand has been referred to thcin, their full consideration : and they 
 can perceive nothing in the correspondence transmitted by Mr. Turcotte in his letter 
 of the 31st May to induce them to douht the justness and propriety of the decision 
 which by Your Excellency's command was connnunicated to ^Ir. Turcotte on the 13th 
 May ultimo. 
 
 The Committee of Council are borne out in their opinion of the unvalidity of the 
 claim under consideration, by the fact that Ijoth the warrants for the paj'ment of 
 Mr. Turcotte's salary were prepared under the direction of Your Excellency's late 
 advisers, whose fuller knowledge of the facts connected with Mr. Tui-cotte's appointment 
 would render them more competent judges than themselves of the period for which 
 he was entitled to his official salary. 
 
 Certified, 
 
 (Signed,) J. JOSEPH, 
 
 C. E. C. 
 
Ir. Secretary 
 r. Tiircottc's 
 
 laim, in coii- 
 previously 
 I'cd to, and of 
 nves to bear 
 
 nswer — " see 
 
 rresponflonec 
 X'd to Your 
 ircumstances 
 
 ; before tlic 
 are not on 
 
 preserved by 
 has fre(}uen- 
 Com mission 
 was sought 
 
 ni his letter 
 Unal decision 
 tleman, avUo 
 •eeedents or 
 
 3 been made 
 0, desires a 
 rther repre- 
 
 ;h by Your 
 I : and they 
 
 in his letter 
 die decision 
 
 on the 13th 
 
 lidity of the 
 payment of 
 lency's late 
 appointment 
 d for which 
 
 E. C. 
 
 ir 
 
 (Translation.) 
 
 Secretary's Office, 
 
 Montreal, IGtli March, 1849. 
 
 Sir, — I have the honor to inform you, by order of the Governor (General, that 
 His Excellency in Council has considered anew your claim to obtain payment of 
 your salary in the capacity of Solicitor General for Lower Canada, reckonini^ from 
 the 15th May 1847, and to announce to you that His Excellency sees nothing in the 
 correspondence which you have transmittetl in your letter of the 81st May last, to 
 induce him to recall his decision which was connmniicated to you by the letter from 
 this Department under date of the l-'Uh of the same month. 
 
 I have the hiinor to be, 
 
 &c., etc., dec, 
 
 (Signed,) 
 
 J. LESLIE, 
 
 Secretarv, 
 
 J. E. Turcotte, Esq., Q- C. 
 &c., »fcc., &.C. 
 Three-Kivers. 
 
 (Translation.) 
 
 Montreal, 31st October, 1840. 
 
 Sir, — After having made all possil>le researches for authorities on the subject 
 of the claim which I had the honor to address to His Excellency the (Jovernor Gene- 
 ral through the then Provincial Secretary with reference to eight months' salary as 
 Solicitor General which I contend is due to me by the Government under the cir- 
 custances set forth in my Petition of the l.nh May 1S4S. and in several sul>sefiuent 
 letters relating thereto, lam more than ever convinced that I have an incontestable 
 right to the payment of that salary. Put for this conviction, be assured, I would not 
 avail myself of the different answers which 1 have had the honor to receive from Ilia 
 Excellency having apparently left the question undecided, for the purpose of again 
 calluig the attention of tlie Executive Government to it. 
 
 The position which I have taken, and which I still maintain to be a just and an 
 impregnable one, is this. By the olfer of the situation of Solicitor General which was 
 made "to me and which I accepted before the loth May 1S47, as is prove<l by the 
 correspondence already submitted by me to His Excellency, and afterwards by virtue 
 of His Excellency's letter of the 15th May 1847, apjiointing me to the otlice of 
 Solicitor General, there was entered into between the Government and myself a 
 perfect contract do ui facias. 
 
 I have, on my part, fulfilled, as nmch as it was in my power to do so, the obliga- 
 tions impose upon me by that contract. One of these obligations was to assume a 
 
18 
 
 :■ I 
 
 political position and to ol)laiii a scat in J'arlianient by means of the County of 
 Clumiplain, which the (iovcrnincnt iimlcrtook to open tho ^vay to for nic 1»y procuring 
 the rcsi;,'nation of Mr. Guillet uho then represented it. I had to take in eonse([uencc, 
 and I did then take, all the necessary steps to ensure my election, and that on the 
 express recommendation of the Government, which, on its part, did not procure INIr. 
 Quillet's n'«\_,nation, as it had undertaken to do. I have always heen ready to t'uHill 
 the (tther olilii,Mtions inij)osed upon nic by the conti'act entered into between Covern- 
 UQcnt and myself. I was not able tofulfdl them, because there were wantinj^ to this 
 contract the Letters Patent, which are nothin;^ else than the j)ublici'y which the Go- 
 vernment itsdf was bound to <^ive to it, particularly after having been several limes 
 called upon by mo to do so. 
 
 By what ri^ht and on what principle then can the same Government (for the 
 moral bring Avith which I then contracteil is the same which exists at present) now 
 come and allege against me its own fault in order to relieve itself from the pay- 
 ment stipulated in the contract which existed betwen it and me .'' .Law and Common 
 Sense are in my favor in the position which I have taken, and 1 do not fear to assert 
 that nowhere will there bo fmml positive laws or authorities contrary to this position, 
 but that on the contrary all the English decisions and precedents in this res[)ect are 
 in my favor. I will ncveithclcss oidy take the lilterty of citing one, which appears 
 to me very decisive. 
 
 On the 18th July 1847 the Honorable Charles Watkins William Wynn had 
 been verbally appointed by the then Lord Chancellor to alucrativc oflice under the 
 Government. On the 1st August following ho was elected a Member of rarliaiuent, 
 and it was only on the Tth April 1848, that the Letters Patent appointing him 
 issued and were enrolled. The (piestion whether or not his seat in rarliaiuent, 
 obtained after his verbal appointment, had been rendered vacant by the su' se [Kent 
 issue of the Letters Patent ai>i)ointing hiu), or in other words whether or ni' his 
 verbal nomination and acccptanco sh )ulil be considered as a perfect nomination, wit liout 
 the Letters Patent, and made before his election, presented itself before the II mse 
 of Connnons. Ii was referred to a Conunittee ci)mpi)sed of the principal Momlers 
 of the House of Commons, amongst Avhoui was Lord John Russell. That Cuui-iliee, 
 after having ascertained the fact that the Honorable ISh-. "Wynn had been app imed 
 virbally to his ollicc l)cfore his election, rei)ortod unanimously that his seat lia.l not 
 become vacant, although the Letters Patent ai)i)oIiiting him had not issued until eight 
 months after his election. 
 
 By the evidence given before this Committee any one must bo convinced that 
 ealaries are frequently paid to public officers in England for months and even years 
 before the issuing of Letters Patent appointing them to the offices which thev lill. 
 See " Reports from Connnittecs of the House of Commons 1st March 1839, p. 375." 
 
 In the debate which took place in the House of Commons on this question the 
 then Attorney General expressed his opinion that Mr, Wynn after having been 
 verbally appointed to his office had a right to claim the salary attached to it, from the 
 time of such verbal appointment. The words of Mr. Attorney General were " the 
 " party holding the office might go to the Minister of the Crown and say, assign me 
 
 " a 
 
 Vide 
 
 claii 
 cone 
 vet 
 
 (Tri 
 
 m 
 
])ounty of 
 procuring 
 isc([iionce, 
 .t on the 
 ocuvo Mr. 
 y to tulfill 
 n (Jovern- 
 iig to this 
 h the Go- 
 oral times 
 
 (for the 
 ^cnt) now 
 
 the pay- 
 1 Coninion 
 • to assort 
 i position, 
 sjicot are 
 h appears 
 
 ynn had 
 under the 
 irliaiiient, 
 tiuu; liim 
 iliiiiiicnt, 
 
 SI' jUCllt 
 
 r n;i' liis 
 without 
 il >iise 
 Mc!;il crs 
 a ...lu'o, 
 I'l' iii:ci,l 
 ha.l not 
 itil ei;^ht 
 
 X'll that 
 
 n years 
 lev fill. 
 
 p. 375." 
 
 tion the 
 ng been 
 Tora the 
 re " the 
 
 sign me 
 
 19 
 
 " a salary &c., which salary wouhl comnionce from the date of the appointtncnt jkc.," 
 Vide Ihirr' ..'a Mirror of rarliamont 1H;V.>. vol. \l p. '284. 
 
 It seems to me that witli this a\ithority to sup])ort the justice and legality of my 
 claim His Exeellonoy the (Jovernor (lonoral cannot have any diflieulty in coming to the 
 conclusion that T really have a right to claim the eight months' salary which have not 
 yet been paid to nie, and ordering that payment thereof bo made to me. 
 
 I have the honor to be, 
 
 With consideration, 
 
 cVc, t^:,c., &c. 
 (Signed,) J. K. TUllCOTTE. 
 
 The Hon. Jas. Leslie, 
 
 Provl. Secy. M(nitreal. 
 
 (Translation.) 
 
 Toronto, l\vi\ July. ISaO. 
 
 Siu^ — Desiring to obtain from His Excellency the (Jovernor (Jeneral jiermission 
 to withdraw the different retiti(»ns letters and i)apors which I have had the honor 
 to submit to him through you in relation to my claim for my salary as late Solicitor 
 General, I bog of you to be pleased to make the ro(iuest on ray behalf to His Excel- 
 lency, and to communicate to me as soon as you can the decision of His Excellency 
 in that respect. 
 
 1 have the honor to bo, 
 
 &c., &c., &.e., 
 
 (Signed,) J. E. TURCOTTE. 
 
 The Honble. Jas. Leslie, 
 
 Provincial Secretary, 
 
 Toronto, 
 
 (Translation.) 
 
 Toronto, 7th August, 1850. 
 
 g,R^_I take the liberty of again transmitting to you the papers setting forth 
 the claim which I have had the honor to submit to His Excellency the Governor 
 General relative to my salary as late Solicitor General. One of the reasons which 
 induced me to withdraw those papers for some days was the desire to re-examine 
 the precedent which I had the honor to submit to the consideration of His Excellency 
 because I had citcil it merely from notes of which I had not been able to verify the 
 correctness when I cited it in October last, in conscciucncc of the burning of the 
 Library of the Legislative Assembly. 
 
 I have had it in my power to re-examine this case in the present Library, and 
 I think I may assert that it is perfectly applicable to mine. I must say nevertheless 
 that it was by mistake that I applied to the case of the Honorable Charles Watkins 
 Williams Wynn, the words of the Honorable Attorney General of that day. These 
 
20 
 
 f 
 
 worfls apply to a nearly analo^jjous case, that of Mr. Ilarvey, but do not the less 
 support tlio position which 1 have taken. 
 
 I will take the lil)('rty of sulnnittinj; to His Excellency's attention the opinion 
 of the Lord Chancellor of the Exche(|uer exi)ressed in the House of Connnons on the 
 question in relation to Mr. Wynn. Here arc the very words, which will he found in 
 Barrow's Miiror (jfrarlianicnt, session of IH.*]!). vol. 0. p. 4.^4. "In this case the 
 " ap/Kiintimnl was made and accepted [>revii)us to the election, and the date of the 
 " Patent has nothin;; to do with the matter." 
 
 He plcaseil, Sir, to place the papers in (jiiestion once more before His Excellency, 
 to<:;cther with this letter, and to pray His Excellency for me to he pleased to take the 
 whole into consideration as soon as circumstances may jiermit him to do so. 
 
 I have the honor to be, 
 &-C., &c., (fee. 
 
 (Signed,) J. E. TURCOTTE. 
 
 The Honble. Jas. Leslie, 
 
 Provl. Secy. 
 
 <kc., &c., &.e. 
 Toronto. 
 
 (Translation.) 
 
 Three-Rivers, 17th March, 1851. 
 
 Sir, — Permit rac to l)eg of you to be pleased to call the attention of His Excel- 
 lency the Governor General to the claim which I long ago had the honor of submit- 
 ting to His Excellency relative to the salary which I contend is due to me by the, Pro- 
 vincial Government for having filled the oflice of Solicitor General of Lower Canada, 
 as the whole is set forth in the Petition and the different letters already submitted 
 by me to His Excellency in that behalf. 
 
 I have the honor to be, 
 
 &c., (fcc, &.C., 
 
 Signed, 
 
 J. E. TURCOTTE, 
 
 The Hon. Jas. Leslie, 
 
 Provl. Secy. 
 
 &c., &c., &c, 
 
 Toronto. 
 
lot the less 
 
 tlio opinion 
 ions on the 
 )e found in 
 is case the 
 <latc of the 
 
 Kxi'ollonfy, 
 to take the 
 
 851. 
 
 His Exccl- 
 H" of BuLniit- 
 by thcj'ro- 
 ver Canada, 
 • submitted 
 
 L^i. 
 
 21 
 
 No. 174. 
 
 ExTRAcr from ji Rc'iiort of a Committoo of the Ilonoraldo tlio Exooutive Council 
 on MattcM's of State, dated 2nd April 1S.')1, approved by His Exeellcncy the 
 Ciovernur (Jenerul in Council on the same day. 
 
 On tlie renewod application of Mr. Turcotte for payment of salary from 15tli May 
 to8th Dccem))er 1H47. 
 
 The Committee are of opinion that there is no good ground to justify a deviation 
 from the order of Council of the 12th March 181U. 
 Certified, 
 
 (Signed.) J. JOSEPH, 
 
 C. E. C. 
 
 To the Honorable tlie Provincial Secretary, 
 
 &e., &c., A:c. 
 
 S Kc 11 i:t a r y'.s ( )fim( ' k, 
 
 Toronto, 4th April, 18')1. 
 Sir, — In reply to your letter of the 17th ultimo, renewing your ajiplication for 
 payment of the salary of the ofRcc of Solicitor Goneral for Lower Canada, from l^th 
 May to 8th December 1847. I am commanded by the Governor General to inforra 
 you that His Excellency is advised that there is no good ground alleged by you 
 tojiisiify a deviation from the decision arrived at on your claim. 
 
 I have the honor to be, 
 
 &c., «fce., &c., 
 
 (Signed,) J. LESLIE, 
 
 Secretary. 
 
 J. E> Turcotte, Esfj., 
 
 &,c., &e., &c. 
 Three-Rivers. 
 
 (Translation.) 
 
 Three-Rivers, 27th October, 1851. 
 
 Sir,— Having had an opportunity of re examining all tlic correspondence which 
 has taken place between the Executive Government and m} self in i elation to the 
 claim whicli I liave had the honor to submit to His Excellency the Governor General, 
 for the salary attached to the office of Solicitor General, and which I respectfully 
 maintain to be due to me from the day of my nomination by Ills Excellency to the 
 entry Into office of my sucessor, I perceived that although it is alleged by me in that 
 correspondence that I had several times put the Government in mora to issue the 
 Letters Patent of that appointment, the proof of this allegation is not to be found 
 
M 
 
 tl 
 
 ii'i-c'in ; an< 
 
 1 II 
 
 iiivc ri'ii.s 
 
 on to hi'lievo tlint this fiiciimstanco imiHt have ha<l a con- 
 
 aklcrahlo iiillurnoo on the tlccMion which His ExcdUciicy was adviscil to ^'ivc upon 
 my chiiin, in as much as without this proof I may sootn to have tacitly the Letters J, 
 Patent in ijuestion siiouM not he issued at the tiini' when ihoy ought to have heeu j 
 anileoiiseijuenlly to liave at least tacitly renounced the ri;^hl which the act ofnuiui- 
 imtion ini-^ht ^ive me. 
 
 I alle;;ed also in the correspondence in fiuestion that when T had demanded tlio 
 issue of these Letters Patent 1 had been answeriMl by the imposition ol'tiew and 
 inipt)ssil»le (;onilitions ; and I am in a position to he ahle now to make a complete ])roof i 
 of these alle;^Mtions l»y two letters written hy me to the Honorable the Provincial 
 Secretary of that day, and Ity his answer to those letters and others which I hud 
 already addressed to him. 
 
 l»y these letters, which I transmit to you enclosed, His Excellency may satisfy 
 
 •If of the truth of 
 
 <11( 
 
 dation to the [lUttinj 
 
 •il which 
 
 umseit oi me inun oi my aii('ij;;nioiis ni reunion lo iiiu pimiiij^ /// ninri 
 I take credit for in my corresi)ondence with the Exeoitive (lovernment, as well as 
 in relation to the new conditions which it was then sonu'ht to impose upon me, that of 
 rcsshlin'j^ (if (iinht'c. and that of ohfiiinhii^'' a seat in Parliament before the then next 
 Session of the liCijislature, when there was no County vacant. 
 
 I venture to hope. Sir, that the proof of these facts will be a new motive to 
 induce His Excellency to take the whole of this mattter into consideration a^ain, and 
 that His Excellency will be pleased to admit the justice of a claim which none 
 of the judicial tril)unal3 of the Country could hesitate for an instant to grant me, 
 if it were possible or fitting for rac to submit it to them. 
 
 Please to receive, Sir, the high consideration, 
 
 &;c., (fcc, (kc. 
 
 (Signed,) J. E. TURCOTTE. 
 
 The Hon. A. N. Morin, 
 
 Provincial Secy. 
 
 &,c., &c., &c. 
 Quebec. 
 
 ma III 
 Cniul 
 th<' i| 
 
 Ext'tl 
 
 the (I 
 an t] 
 of th 
 
 from 
 for nl 
 
 The 
 
 (Translation.) 
 
 Three-Rivers, 17th June 1847. 
 Sir, — I have several times already taken the liberty of calling your attention to 
 the fact that I had the honor to receive a letter on the 14tli of !NLiy last, from the then 
 Assistant-Secretary Mr. Dunkin, informing me that it had pleased Ilis Excellency 
 the Governor General to name me to the office of Solicitor General for Canada East, 
 and that a Commission as such, dated on the a1)ove mentioned day (15th May) would 
 be transmitted to me with the least possible delay, and that I had, some days after- 
 wards, the honor of an interview with His Excellency, in which I verbally acknow- 
 ledged the receipt of the letter in question, and thanked His Excellency for that mark 
 of confidence. Since that time I have been under the necessity of communicating the 
 
r ti^^,^--.,-^ -9^ 
 
 23 
 
 iiid a con- 
 ' i;i\o upon 
 tlio Lcitera 
 liiive het'ii 
 ct ol'iiuiui- 
 
 iriiUii]('(l tlio 
 ofm-w and 
 ipleti' proof 
 I'roviiiflal 
 liicli 1 luiJ 
 
 ay satisfy 
 nrd which 
 lis Avcll as 
 lie, //la/ of 
 tluMi next 
 
 motive to 
 <'i;,'.'>in, and 
 liicli none 
 L^rant me, 
 
 E. 
 
 ^47. 
 
 ejition to 
 tlic tlien 
 ccllency 
 ];i East, 
 y) would 
 rs after- 
 acknow- 
 at mark 
 ting the 
 
 Miiittor to my IVifiuls, in urdcr to lio ahli' to assure myself of tlie suflVa;.'os of tho 
 i County of Cliamplain, which 1 havo in fact secured, if, as it luis bccil promised to mo, 
 I the rc'Hi;4nation of Mr. (luillot ho obtained. 
 
 The object, therefore, of the prcsvjit letter is to 1)C<^ you u^ain to submit to His 
 
 Excellency juy ur;^<'nt request that he will b(^ pleased to i^ive orders for tho issuin;; of 
 
 the Commission in ((uestion, dated tlie I'th May lut,f, as His Excellency entered into 
 
 an enj^agement with me to do l»y the letter of Mr. Assiistant I'rovincial Secretary 
 
 of the same day. 
 
 You must see that it is but just that I di<iuld be relieved in one way or another 
 
 from the etjuivocal and extremely disagreablc jiositioji in which I have fouml myself 
 
 for more than a month past. 
 
 I have the hi>nor to lie, 
 
 &;c., &c., &.C. 
 
 (Signed,) 
 
 J. E. TUllCOTTE 
 
 The Hon. D. Daly, 
 
 rrovincial Secy. 
 
 ike, (Sec, «kc., 
 Montreal. 
 
 (Translation.) 
 
 Three-Rivers, 12th July, 1847. 
 
 Sift, — rermit me to remind you that on tho 17th of last month, I had the honor 
 to address to you a letter in which I earnestly demanddl the issuing of the Coumiission 
 attached to the oificc of Solicitor General which Ilis Excellency has been plea.sed to 
 confer upon me on the ir)th May last, and that I have not yet had tho honor of an 
 answer to that letter, which, however, asks oidy for a simple act of justice. 
 
 I take the lil)erty, therefore, of reiterating that demand; and be pleased res- 
 pectfully to submit this and the preceding letter to His Excellency, for I cannot 
 believe that Ilis Excellency wishes to do me the injustice of leaving mo longer in tho 
 dif^agreeal)le position, to say no more, in which I have fjund myself placed since the 
 loth May last. 
 
 I have the honor to be, 
 
 &c., «kc., (fee. 
 
 (Signed,) J. E. TURCOTTE. 
 
 The Hon. D. Daly, 
 
 Provincial Secy. 
 
 «fcc., <kc., &c. 
 
 Montreal. 
 
I' 
 
 ill 
 
 I'' 
 
 1,1 
 
 H 
 
 1 1 
 
 u 
 
 {Private awl confidential.) 
 
 Secretary's office, Gth August, 1847. 
 
 Sir, — I am cnnnnanded l)y the Governor General to inform you, ■\vitli reference 
 to the communications that have ah'cady passed between you and the Executive 
 Government on tlie subject, tliat ]Iis Excelbncy is prepared to confer upon you the 
 appointment of Solicitor General, on the condition of your residing at Quebec, and 
 finding a seat in Parliament before the House meets. 
 
 I have the honor to be, 
 
 etc., &c., &c., 
 (Signed,) 
 
 1). DALY, 
 
 Secretary. 
 
 J. E. Turcotte, Esq,. 
 
 &.C., tfcc, 6cc. 
 Threc-llivers. 
 
 (Translation.) 
 
 Oil till' kttcr f .1. E. 
 Tur<'«(Ui', Ks(j., of the T,\.\\ 
 Oi'toliir |s,>|, ri(|iR'stiiin 
 Hk' rf»'(insi(!i'rati()ii cil' the 
 
 daiin made i)j iiim lor ( mittcd by Mr. Turcottc 
 
 jiart ol his shUuv as S.i!i f 
 citor (iciifral ofl/owcrCa 
 iia(hi, and allt'^intr ik'w 
 reasons in Miji)p(,rt of that 
 request and ol'liis chiiiii. 
 
 Crown Laav Offk r;. 
 
 Quebec, ord November, ISol. 
 The undersigned has the honor to report has follows : 
 It is established bvthc correspondence previously sub- 
 
 J 
 
 That o„ the 28tb April 184T, the Hon. D. ?,. Papi^ 
 neau. one of tlie iMembors of the then administration, made 
 an oU'er to Mr. Turcotte oi"a political situation. 
 
 That after a refusal on the part of Mr. Turcotte. and exjdanations on the part of 
 Mr. I^ipineau, Mr. Turcotte, by a letter of the 14tii May ](S47, accepted the offer 
 previously nia<le to him by Mr. Papineau. 
 
 It is in like manner established that the oHicc in (jiu'stion between these two 
 gentlemen was tliat of Solicitor General, and that Mr. Papineau, although not 
 writing ollicially, Avrote with the consent of Jlis Excellency and his colleagues, since, 
 in lact, His Ivxeellency gave orders to Mr. Assistant Secretary Dunkin to inform Mr. 
 Turcotte that it had pleased His P'xcclleney to name him Solicitor General for 
 Lower Canada, and that his Commission as such, dated the same day, would be 
 transmitted to him with the least possible delay, as is proved by Mr. Hunkiu's 
 letter of the 15th ^lay 1847. 
 
 It is moreover established, by letters whicli Mr. Turcotte liad not before produced 
 but which accompany his last communication, being that upon which the Committee 
 of Council took the whole matter again into consideration, that Mr. Turcotte, as he 
 
d5 
 
 igust, 1847. 
 
 iith reference 
 lie Executive 
 upon you the 
 ; Quebec, and 
 
 LY, 
 
 I'crctary. 
 
 r, 18')!. 
 
 has follows : 
 pviously sub- 
 
 1). r.. I'api-^ 
 ration, made 
 
 n tlie part of 
 ed the offer 
 
 I those two 
 lUliDUifh not 
 nii'ito^. .since, 
 o infdi m Mr, 
 (Joiunil for 
 f, would be 
 i". J)unkin's 
 
 )re produced 
 
 Committee 
 
 3ttc, as he 
 
 alleges in his previous communications, had several times placed the tlicn Executive 
 Government in mord to issue the Commission promised to him in the Jettcr namiii"- 
 him Solicitor General. 
 
 It is on these facts that the undersigned is called upon to give his opinion 
 upon the question whether Mr. Turcotte has, as he pretends, a right to the salary 
 attached to the office of Solicitor General from the day of his nomination as such, or 
 only from the date of his Commission. 
 
 The undersigned would, perhaps, have found himself embarrassed in the decision 
 of this question by the unfavorable reports which have already l)ecn made upon it, if 
 he could have considered those reports as deciding it finally ; but he is convinced to 
 the contrary by the examination of those reports themselves, which shew that there 
 was wanting to the advisers of His Excellency the proof of a fact essential to the 
 position taken by Mr. Tui'cotte, that is to say, the proof that sc\cral times after his 
 nomination he had demanded the issuing of his Commission, and that an answer 
 to this demand had been eluded by the imposition of conditions other than those on 
 which he had accepted the office in question. 
 
 The undersigned has also reason to believe that the case of the Hon. Charles 
 Watkins Williams Wynn, invoked by Mr. Turcotte as a precedent applicii1)le to his 
 own, and which is in fact completely so, may have escaped the attention of His 
 Excellency's Councillors, inasmuch as that precedent was only invokcil by ^Ir. Tur- 
 cotte in a letter of the 31st October 1849, and that the only report made subsequently 
 to that letter is that of the 2nd April 1851, in which no allusion is made to the letter 
 in question. 
 
 Under these circumstances, the undersigned docs not hesitate to say that 
 Mr. Turcotte's claim, such as now- established by liira,would the admitted l)y the 
 tribunals of the Country if the afi[;iir was one between man and man, and that in 
 consequence he has law and justice on his side. 
 
 The undersigned feels bounds therefore, to recommend the claim in question 
 favorably, expressing once more his ojanion that INIr. Turcotte has a jicrfcct right 
 to receive the salary attached to the uflQce of Solicitor General for the time which 
 elapsed between the 15th May 1847, and the 8th December of the same year, as 
 demanded. 
 
 (Signed,) LEWIS T. DRUMMOND, 
 
 Atty. Genl. L. C. 
 
 (Translation.) 
 
 Quebec, 13th March, 1852, 
 
 Sir,— On the 27th of October last, I had the honor to address a letter to you in 
 which, besitles transmitting to you fresh information on the subject of my claim for 
 arrears of salary as late Solicitor General. I requested you again to call the attention 
 of His Excellency to the claim in question : and as I have not yet had any answer to 
 
26 
 
 Mi 
 
 !l!i 
 
 % 
 
 that letter, written nearly five months ago, I think it right to request you again, and 
 earnestly, to be pleased to call the attention of His Excellency to this matter and to 
 communicate to me His Excellency's decision thereon. 
 
 If there should be wanting in my former communications any information which His 
 Excellency may desire to obtain, before coming to a final decision, as I shall be hero 
 for some days longer, I shall be at all times ready to afibrd it, if it is in my power to 
 do so. 
 
 I have the honor to be. 
 
 With consideration, 
 
 &c., &c., &c., 
 (Signed,) J. E. TURCOTTE. 
 
 The Hon. A. N. Morin, 
 
 Provincial Secy. 
 
 &c., &c., &.C. 
 Quebec. 
 
 he 
 
 On the 28th April, I received a letter from the Honorable D. B. Papineau, ofiering 
 the office. Some few days after, I refuse that offer ; but mutual explanations being 
 mutually given, I on the 14th of May accept the offer on condition of my remaining 
 at Three-Rivers, and that the Government would cause Mr. Guillet to resign hia 
 seat for Champlain. 
 
 These conditions are accepted by Government, on the next day, 15th May ; and 
 Mr. Papineau in a letter of that day, tells me that His Excellency has given order 
 to Mr. Dunkin to inform me that I w^as appointed Solicitor General for Lower Ca- 
 nada, and accordingly on the same day, 15th May, Mr. Dunkin writes me officially 
 that His Excellency has been pleased to appoint me Solicitor General for Lower 
 Canada, and that my Commission as such will be sent without delay. 
 
 Mr. Papineau in his letter recommends me to canvass the county of Champlain, he 
 being sure of Mr. Guillet's resignation. I did so, and was sure of being elected there 
 had Mr. Guillet's resignation been obtained, as promised. 
 
 After waiting about a month for the Commission, I on the 17th of June write 
 to Mr. Daly, asking for the same. Having received no answer, I wrote again on the 
 12th July, and it was only on the 6th August that I received a letter from Mr. 
 Daly, endeavouring to impose upon me new and impracticable conditions, to wit, 
 my residing in Quebec, and mj finding- a seat in Parliament. 
 
 Now my pretentions are this : 
 
 Mr. Papineau's offer of office, my acceptance of the same, and the letter of the 
 15th of May appointing me Solicitor General, constitute a real and legal appoint- 
 ment. 
 
27 
 
 >u again, and 
 latter and to 
 
 on which His 
 shall be here 
 my power to 
 
 OTTE. 
 
 eau, oJOTering 
 lations being 
 y remaining 
 
 resign his 
 
 1 May ; and 
 given order 
 r Lower Ca- 
 me officially 
 
 for Lower 
 
 amplain, he 
 lected there 
 
 June write 
 gain on the 
 • from Mr. 
 IS, to wit- 
 
 In proof of this, I invoke the case of Mr. Wynn, who was elected member of Par- 
 liament after being verbally appointed to the same office of emolument under the 
 Crown, his Commission having been made and published eight months after his 
 Election. In that case it was held that the appointment was made previous to the 
 Election, and that it was perfect without the Commission being issued, and therefore 
 he retained his seat in Parliament. 
 
 I hold that in consequence of the appointment of the 15th May, there e?dsted 
 between the Government and myself a real and perfect contract imposing on me the 
 obligation of performing certain duties, and on the Government the obligation of 
 paying the salary attached to the office. I maintain that this contract would be 
 declared binding on the Government by all our Courts of Law, could it be brought 
 before these tribunals, as could be one of the same kind between man and man. 
 
 It has been objected that not being commissioned I could not perform the jutliciary 
 duties of the office, and therefore, had no claim to the salary attached to it, &,c. &.c. 
 
 To this I shall ask first ; where is the man of business, the merchant, &c., who 
 after having engaged a Clerk or Agent for so much a year, would at the expiration 
 ofsix months, tell his Clerk or Agent; Sir, I owe you nothing, because / have ne- 
 glected to furnish you with merchandize to sell or "ivith books to make entries, or 
 with a power of Attorney to transact my business :' And again, it is well established 
 that the office in question is in this country not only of a judiciary character, but also 
 of a political one, and that if I could not act as Solicitor General before the Courts 
 of Law, I could, without having the commission, perform the political part of the duties 
 of the office, and was bound to do so, in consequence of the positive recommendation 
 pven to me in Mr. Papineau's letter, and the obligation I was in to l)e elected a 
 Member of Parliament for the county of Champlain. I did so, and surely would have 
 preferred the conducting of all the Crown's business before the Courts of Law for 
 three years to come rather than to be exposed to one da3''s abuse for acting the 
 political part of the duties of the office. 
 
 I therefore claim what is justly due to me in law and equity, and what, I repeat it, 
 every Court of Justice would allow me, could I sue for the same, the salary 
 attached to the office of Solicitor General, to which office I was duly appointed on the 
 15th of May, as above stated. 
 
 I may add that Mr. Eadgley, Mr. Cayley, McDonald of Kingston and Col. Prince, 
 having taken communication of the case during the last session of Parliament in 
 Toronto, were all of opinion that I had a plain right to be paid as claimed for by me. 
 and pledged themselves to support the claim should I bring it before Parliament. 
 
 (Signed,) 
 
 J. E. TURCOTTE. 
 
 ;ter of the 
 1 appoint- 
 
28 
 
 
 Quebec, 16 August, 1853. 
 
 Sir, — You arc perhaps aware that Mr. Turcottc, who was Solicitor General for 
 Lower Canada under the administration of which you were a Member, has preferred 
 a claim for salary for several months on the ground that, although his Commission 
 had not issued, he nevertheless held the office of Solicitor General, under a letter of 
 appointment written by command of the Governor General, and in which he was 
 informed that his Commission Avould issue the next day. It appears that, notwith- 
 standing this promise, the Commission did not issue until the month of December, 
 and that in consequence of the non fulfillment of the promise made to him, Mr. Tur- 
 cottc has not been able to obtain the payment of his salary. 
 
 The members of the present administration are, of course, wholly ignorant of the 
 cause of the non fulfillment of the promise made in the letter of Mr. Assistant Se- 
 cretary Dunkin, by command of the Governor General, and have therefore great 
 difficulty in disposing of the claim. As you appear, from the private correspondence 
 submitted l)y Mr. Turcotte, to have conducted the negotiation with that Gentleman, 
 relative to his appointment to office, and must be aware of the circumstances which 
 prevented the issuing of the Commission, I have to request that you will inform me 
 whether, in your opinion, the faith of the Crown was pledged to Mr. Turcotte, and 
 whether you think him entitled to the salary which he claims, as having been virtually 
 the imcumbent of the office of Solicitor General, although his commission had not 
 been issued. 
 
 m 
 
 I have the honor to be, 
 
 &c., &c., &c. 
 (Signed,) A. N. MORIN. 
 
 Honble. ]). B. Papineau, 
 
 &c., &c., &,c., 
 Petite Nation. 
 
 Petite Nation, 19th August, 1852. 
 
 Sir. — In answer to the question contained in your letter of the 16th instant, 
 received only this day, I have to state that, in my opinion, which I think is the only 
 thing you can ask from me, !Mr. Turcotte is fairly entitled to the salary of 
 Solicitor General from the date of Mr. Dunkin's letter notifying his nomination to 
 that office. I may add that the private correspondence carried on between that Gen- 
 tleman and myself, although strictly confidential, was known to my colleagues, and 
 had their approbation. As to the delay that occurred between Mr. Dunkin's letter 
 
 I 
 
t, 1853. 
 
 General for 
 as preferred 
 Commission 
 ;r a letter of 
 hich he was 
 at, notwith- 
 
 Dcceniber, 
 m, Mr. Tur- 
 
 )rant of the 
 ssistant Se- 
 eforc great 
 fespondence 
 Gentleman, 
 noes which 
 I inform me 
 ircotte, and 
 en virtually 
 >n had not 
 
 
 instant, 
 the only 
 ilary of 
 hation to 
 liat Gen- 
 
 les, and 
 letter 
 
 29 
 
 and the emanation of Mr. Turcotte's commission it is entirely out of my power to 
 give any explanation, as it was the ])U3iness of another department than mine to 
 prepare that document. 
 
 I have, 
 
 &c., &c., &c., 
 
 (Signed,) D. B. PAPINEAU. 
 
 Honble. A. N. Morin, 
 
 Provincial Secy. 
 
 &c., (fee, &c. 
 Quebec. 
 
 Extract from a Report of a Committee of the Honorable the Executive Council on 
 Mattel's of State, dated 2nd September 1852, approved by His Excellency the 
 Governor General in Council, on the 2nd September 1852. 
 
 On the application of J . E. Turcottc, Esquire, for reconsideration of his claim 
 for arrears of salary as late Solicitor General for Lower Canada. 
 
 The Committee of Council having taken into consideration Mr. Turcotte's applica- 
 tion and the additional documents submitted by that Gentleman with his letter of the 
 27th October 1851, and being of opinion that the Gentlemen who acted as your 
 Excellency's ad^ isers at the time when Mr. Turcotte's appointment was made could 
 alone know whether any thing had occurred to exonerate the Government from the 
 liability of paying Mr. Turcotte's salary from the time he was informed that his ap- 
 pointment as Solicitor General had taken place, and having further ascertained that 
 the Warrants issued in Mr. Turcotte's favor were made out in the usual course^' 
 without the question as to his right to a larger amount of salary having been consi- 
 dered by the Executive of the day, the Committee, before coming to a final decision 
 upon the claim, tliought proper to request the Honorable the Provincial Secretary to 
 address a letter to the Honorable D. B. Papincau, by whom the negotiation which led 
 to Mr. Turcotte's a})pointmcnt was carried on. 
 
 For the Honorable Provincial Secretary's letter to Honorable D. B. Papineau, see 
 his letter preceding dated, " IGtli August 1852." 
 
 Audfur Mr. Paiiineau's answer thereto, sec his letter dated, ''Petite Nation, IdtU 
 August, 1852." 
 
 Having been convinced by this letter, and by other enquiries which they have 
 entered into, that Your Excellency's i'nvuwv advisers (who, from their full knowledge 
 of the fiicts connected with Mr. Turcotte's aj)pointment, were the best judges of the 
 period for which that Gentleman should receive his official salary.) considered the 
 
30 
 
 honor of the Government pledged towards the payment of that salary from the date 
 of the appointment, and having further considered the opinion pronounced by the 
 Attorney General of Lower Canada, in favor of Mr. Turcotte's claim, 
 
 The Committee would humbly recommend that a sum sufficient to pay Mr. Tur- 
 cotte the salary of Solicitor General of Lower Canada, from the 15th May 1847, up 
 to the 8th day of December of the same year, be placed on the estimates. 
 
 (Certified,) 
 
 (Signed,) W. H. LEE. 
 
 m 
 
from the date 
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 pay Mr. Tur- 
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