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Les diagrammes suivants illustrent la mdthode. 1 2 3 4 5 6 m 1^ -.v*''^'—^;*}*^ jr l^f^Br Ma ^^ CONTINUATION OF MR. RYLAND'S CASI. CONTAINING FURTHER CORRPJSPONDENCE WITH HER MAJESTY'S SECRETARY OF* STATE FOR THE COLONIES ; ALSO, LEGAL OPINION OF THE Honourable Mr. Justice Day AND THE Honourable Mr. Justice Badgley ON MR. RYLAND'S CLAIM UPON THE IMPERIAL GOVERNMENT. MONTREAL : D. Bentley & Co., Printers, 364 Notre Dame Street. 1879. A 35LG ii^iA^l i^&l i i iU**^ .»t.-iii.»- -.*,."' -!■^ '■■■'-■^.'■ttV.*- "^'.i -^»-^ i CONTINUATION OF MR. RYLAND'S CASE. CONTAINING FURTHER CORRESPONDENCE WITH HER MAJESTY'S SECRETARY OF STATE FOR THE COLONIES; ALSO, LEGAL OPINION OK THE Honourable Mr. Justice Day AND THE Honourable Mr. Justice Badgley ON MR. RYLAND'S CLAIM uroN THE IMPERIAL GOVERNMENT i I MONTREAL : D. Bentley & Co., Printers, 364 Notre Dame Street. 1879. ^«w^^w^" ^ origi: I Majo sped Sir M. E. Hkks-Beach lo The Mnrquh of Lome. DowNiNf} Street, 4th February, 1879. My Lord, With reference to previous correspondence respecting the case of Mr. Ryland, I have received two further letters from this llrentleman, copies of which are (inclosed, dated respectively the 20th of August, and the 14th of January last. 1 deferred my reply to the first of these communications as I understood that there was reason to hope that Mr. Ryland would accept an arrang-ement which the liarl of Dutferiu had suggested ; as however I have not learned that this arrangement has been carried out, I can only say, generally, that the application made to n^e by Mr. Kyland, ai)pears to me, after full consideration, to be one which Her Majesty's Crovernment cannot entertain. Similar cases have from time to time arisen, in which a person originally appointed to an office in a colony, either by the Home (rovin-innent, or while the colony was under the direct control of Her Majesty's Crovernment, has supposed that he had on this account, some special claim upon its consideration. It has however been explained to those persons, that no such claim can be recognized. When und(>r an altered constitutional system, a colony passes under the control of a different administration, that administration steps into the place of the government which had preceded it, and inherits its rights and liabilities. It would not be right for Her Majesty's Grovernment to form or express an opinion as to the validity of Mr. llyland's claims, inasmuch as compensation, if due, could not properly be paid to him out of revenues raised from the people of this country, nor could Her Majesty's Government require the Dominion Cxovernment to make any such payment. I cannot doubt that any (xovernment or Legislature, or any Court of Justice in Canada would deal justly and equitably with a claim, of whatever nature, properly preferred by one of Her Majesty's subjects in Canada, on account of matters which have occurred in Canada, and I must d<^cline to assume any responsibility in connection with this case. I request that you will cause an answer to be returned to Mr. llyland in the terms of this despatch, in reply to his letters of the 20th of August, and the 14th of January last. I have, &c. (Signed) M. E. HICKS-BEACH. sn'^^^f (i(JVEl!N.Mi:.\T HoUSK. Ottawa, Fel)ninry 22iul, 1879. SiH. I iiin (lirt'ctcd l)y His lOxtM'Ucncy the (Jovonior flcucral, lo cnrlosi' (() you the iircoinpiiiiyiii^' «'()i)y ol" a despatch \vhith he has V •(•('! vod IVom the Jiiiihl Honorable Siv M. M HicksdJeach, in n'ply to th ■ (((numinicatioiis which you have acklressed to the Secretary of State, for the Colonies. rcuMrdiuu' the division of the Uei^ist ration Division of the City of Montn-al. A copy of this despatch and of your letters have l)een referred to the Cioveriunent of the Dominion, with whom, and the authorities of the I'rovince of (^ueln'c. the matter must now rest. I have the honor to he, Sir, Your most ohedient, humble servant, G. H. Kylani), Esq. Montreal. F. DE WINTON, K.A., Governor Generats Secretary. thi tol Ml sill nil dJ ofl His Exrel/et/n/ flic Rig-Ji/ Honourable the Marquis of Lome, K.T., G.C.M.G. Governor General. Warwick House, M0NTRE.4.L, 24th February, 1879. My Lord, I have had the honour to receive throuoh Major De Winton, a commnnication of a despatch from Sir Michael Hicks-Beach, dated the 4th February instant. Dissentino- entirely from all his argnments and conclusions and respectfully denying that there is a similar case to mine on record, T would simply remark that I was not as he pretends, in the position of one who had been appointed to a Colonial Office under ordinary circumstances. But in the position of one who was in the enjoyment and possession of an Imperial Office which under special promises from the crown he consented to surrender in order to facilitate an important measure of the national Senate. 22ik1, 1879. criior Gviicriil, which he has [•h, ill reply to ■rotary ofNtuto Jii Division of ■en rclcrrcd to authorities of aPs Secretari/, T., G.C.M.G. And with all due respect to Her Majesty's Secretary of State for the Colonies, I maintain that a promise so made by the Imperial Crowu to a liritish Subject, whether residins^' in a Colony or elsewhere in Her Majesty's Dominions, is l)indiug on the Crown who o-ave it. I shall not however further comment on the Secretary of State's sini>ularly illouicul desjjatch. to which it will be my duty at the proper moment to i-eply. Fortunately a Ihitish Snbject wherever he may reside cannot be deprived of his privileg-e to api)roach the loot of the Throne by Petition of riiiht. Ignorinu' then as I do in this matter the Local Grovernment of Quebec. a\ ho for party i)urposes have been allowed to trample on the arrangement between the Imperial Crown and myself, and to whom Her IVIajesty's Secretary of State would now refer me for redress, I have made arrangements and retained Counsel to carry my case before the Judicial Committee of Her Majesty's Privy Council in England. I have the honour to be, My Lord, With great respect. Your Excellency's most obedient Servant, (Signed) Cr. H. RYLAND. ary, 1879. 1 Major De [icks-B(nich, lusions and 3n record, I position of ir ordinary enjoyment 'mises from important 77/e Right Ilo/torab/e Sir Michael Ilirks-Bench, Secretari/ of State, Sfc, Sf-c. Wakwick House, Montreal, 14th March, 1879. Sir, The Mar(|uis of Lome having communicated to me your despatch of the 4th February ultimo, it might perhaps suffice to forward to the Colonial Office, a copy of my oliicial letter to him in acknowledge- ment, as shewing the course 1 am prepared to adopt to obtain from the Imperial Government, a measiirc of justice to which I am clearly entitled. In order, hoAvi^'tn-, that there may be no misconception on your part as to the exact relative position of the Crown and myself in this matter, I think it right to reply seriatim to arguments, to which I feel 6 1 Niitislicd you would iioi havf liad rt'coursc had you hecn fully ii\var«' of the jx'culiar circunistanccs ol' my case. Ill the lirsl plate liovd Dulit'riii never i)roi)osed any avrane'ement to me. l)Ut when it was loo late, when, under a miseoneeption of facts, he had omitled to take the simple stej) whieh would haAC secured my interests and maintained the honor of the Crown; feelins>' that he had inadverleiitly done a wroiu;'. he iialurally I'elt anxion^' to redress it, and with this view, consulled me as to the amount of compi'usation and the arraniiement which wonid he salislaclory to me. At that time lor the sake of peace, 1 would, at a ji'reat sacrilice, have compounded, l-'or some reason, however, which His l^lxcellency miuht explain, the neyotialion fell thiouuh. 1 have since sulfered severely, mentally and pecuniarily, and the terms to which 1 would then have c(»nsented would not satisfy nie now. Ilaviny thus disjKJsed of the lirst part of your des5)atch, I now turn to the second, wherein you state that, "Similar cases have from "time to time arisen in which a person orii>iiially api)oinred to auofftco "in a Colony, either hy the Home CTovernment or while the Colony was "under the direct control of Her M.ij 'stys Crovt'rnment, has supposed "that he had, ujwn this account, some si^ecial claim ujwn its c(msider- " atipn, (Jtc., cScc."" In re|)ly, I would respectfully ob.serve, that the hy])othesis on which you have founded your argunn'ut does not rule or in any way apply in my case. In the ILrst place there is no "similar case" to mine on record, I was not an individual receiving an olhce under the circumstances you describe. I was an Imperial Officer, i)aid out of Imperial funds, in the possession of a high and inlluential office, with a fixed income, which I might have retained. ^ On public uroiinds, and under thv solemn promises of the Imperial Crown, I was induced to surrender this office, and take in exchange an office of uncertain income and lower grade, receiving therewith a minimum and maximum guarantee, not only to protect me from loss but to insure the fullilment of the promises so made to me. I did not seek the arrangement. It was the Imperial Crown who required my Imperial Olfice, to give effect to an important measure of the National Senate. coil thj to or res See Lord John Russell's despatch on this subject. fully iivvan' of iM'ranacmi'ut (•on(('i)tion of . hiiV(^ secured 'eliii<)- thiit he ■to r< 'dress it, I'ouipeiisatiou rent sacrilice, s Ex('(»lleiiey uily, and the tisfy lue now. j Kit eh, I now 's have from 'd to an ofhee e Colony was has supi)osed its ('onsider- yi)oth<'sis on in any w^ay on record, I istances you inds, in the ome, which lises of the and take in receiving ) protect me de to me. rial Crown mt measure It was, ill fact, part and parcel of the measun^ under which constitutional government was yranled and established in Canada. i And here I owe it to the memory of Lord Sydenham to add, that there was no desire on the part of the Uej>resentative of the Crown to inveii;le mo, by false pretences, into an abandonment of vested riyhts, or to draw me into a leonine contract, under which the Crown would roap the whole benelit and 1 suil'er the whole loss. There was. on thi.s head, mutual confidence l)etween Her Majesty's Lord Hi: n Commissioner and myself There was no desire to evade or divide responsibility, but a perfect reliap^ j on the promises of the Crown whether verbally or otherwise gi- n. * I Lord Sydenham meant that the promises madi' to induce me to resign my Patent olhce, should be carried out in their full integrity. And on my part I consented to the arrangement ii' ii'ood laith, and in the same loyal spirit and reliance on the honour of the iii:nerinl Crown. That I hav(i under the most trying circumstance \> loyally per- formed my share of the contract, to the lasting in^/iry of my farr?ily, the loss of my estate, and the best ])ortii/'i of my lii^, is too weP known and admitted to V), now denied. ■ You have laid it down in your de.spatch, that ■ wtien under an " altered Constitutional System a Colony passes under the fiontrol of a " different administration, that adniinistnition sieps into the place of the " Government that had preceded it, and inherits its rights and liabilities." This reasoninu,- under ordinary circumstances might he admitted, and I shoirld not be disi>osed to dispute its soundness, if in granting a new Constitution to a Colony there was a distinct conditi(m attached to it to cover and comjiel the o})servances of previous Imperial promises and liabilities. But in giving a new Constitution to Canada no such pledge w^as exacted, or condition imposed upon the Administration. And though for purposes of Political exioediency, the Imperial Government may have vested in its Administration the power of doing away with or changing existing Official Esta])lishiuents. the fact of the absence in my case of any such pledge or condition as I have mentioned, renders the Imperial Government, and the Imperial Government only, respon- sible to me, particularly as the Crowai had the power through its Kepresentative of arresting the measures for the spoliation of my office. * See case of Sir Lionel Smith in letter from under Secretary Stephen, published by order of the House of Commons in 1841. r This I submit is the logical conclusion to which a Court of justice would arrive. But if I read your despatch rii>htly I am <»iveii to understand that though the Government of England, and the Government of the Dominion of Can rda are both undeniably the Government of the Queen, the promises of the Crown to me which would hit binding in favour of a British Subject residing in England, is of no avail to me as a British Subject residing in a Colony under Constitutional Government, and that com])ensation could not possibly be extended to me out ol revenues raised from the people ot England. This is a novel doctrine at variance with the preconceived notions of British Subjects, who have ever been taught to believe that wherever residing the Qj]gis of British justice was extended over them. But on this head, Sir, permit me to direct your attention to the fact, that the Imperial Government have already by the payment of a moiety of Chief Justice Carter's award, received by me under protest, admitted their liability and thereby givt'U a confession of judgme]it, which in private life would be binding betw«>en man and man. I will not however discuss this point further. My appeal is in the first place to the honour of the Crown, as morally and legally bound to fulfil its engagements. You have referred to Courts of Justice in CVvnada, as likely to deal justly and eqiiitably with this case, but you should be aware that there is no Court in Canada which can adjudicate in mattt'rs regarding' Imperial Contracts. There is but one Court for which I am preparing, but I still trust that after the explanations I have given, that you yourself will see the necessity of some decisive action on the part of ller Majesty's Government in my behalf In conclusion permit me to state that the whole case is comprised in two simple qestions, viz : 1st. Did I receive as admitted by Lord John Kussell a promise from the Crown ? 2nd, Has that promise been fulfilled hi its integrity V I have the honour to be. Sir, Your most obedient servant, G. H. RYLAND. Thr. 1 Sll honoi last. autho justie litiiia Her : the \\ to yo to ad( perm the p Law Bide^i legali Opi>ii for k the I his ( redu f "Mr grou 9 'ourt of justice The Right Ilunvrahlf Sir Michael Ilii-ks-Jkrich, Secre/tirj/ oj Stale, l!yc., ^v to understand rnment of the | iiment of the bi; bindinji- in AVarwick IIduse, MoNTiiKAL, 10th April, 1879. 8lR, In connection with the las* comniunicution I had the avail to me as honor to address to you, in rei)ly to your despatch of the 4th February 1 Grovernment. last. I herewith enclo.sc a eopy of tlu^ opinion of two of the highest legal to me out ol' authorities in Canada on my case. * As I cannot believf you liave any desire to bar my appeal for preconceived justice, I would suggest that belure i)iv()lviiig me in a course of expi'usive :o believe that litigation attending a Petition of Riuht, which cannot reliect credit on led over them. Her Majesty's Grovernment i!i ]']ngland or in Canada, you should refer ;tentiou to the the whole case, including the li'gal opinion of Messrs. Day ut L man. permit me to say, that I think it would be more in accordance with y appeal is in the proverbial liberality and honor of the Imperial Grovernment, if the y and leo-ally Law Crown Officers agree in the view of my case, taken after much con- nidemtion by the ex-Judges here, at once to licpiidate a claim, the legality and justice of which is not denied. a, as likely to )e aware that ers regarding g, Imt I still rself will see ler Majesty's is comprised ell a promise I have the honor to be, Sir, Your most obedient servant, a. n. RYLAND. LAND. Opinion in the matter of the rlaiin of (Jeoikie 11. Ryland, Esq., npon the Imperial Govern iiui/t. i Mr. Ryland claims from Tier Ma jesty's Crovernment compensation for loss suliered by liim, in conse(|uence of the operation of an Act of the Legislature of the Province of (Quebec, 08 Vic, cap. 17. by which his oihce of Registrar was divided, and liis ollicial income greatly reduced. 1 The Pamphlet with which we have been furnished, entitled -"Mr. Ryland's Case," contains a full statement of the nature and grounds of his claim, with copies of the docunuMits upon which it rests. 10 As appears fi'om those docuniGiits, he was at the time of the union of IIp])('r and Lower Canada in 1840, and afterwards, the incumbent by Imperial a[)poiiitnient oi' (lie patent office of Registrar and Clerk of the l^kecutivo Council of Canada. In 18-11 Lord Sydenham, then Govi-riior General of Canada, and invested also wilh special jiowers as Lord High Commissioner, for the purpose of ell'ectinu' the union ol the Provinces, among other arrange- ments relating to that object, o])tain('d from Mr. Ryland the resignation of his office upon certain stipulaled condilions, these conditions are set forth in two hMters, to be found on pages 4o and 41, Appendix A, of the pamjihlet. The ffrst of these is from Chief Secretary Murdoch, written by command of the (lovin-nor (.ircneral. and dated 2;ird Auuust, 1841 ; the other written by Mr. Ivyland in answer, and dated 3rd of September, of the same year. Mr, Ryland's claim is founded primarily upon these two hHters. He contends that the form(>r of them contains an obligation on the part of the government to aiipohit him to the office of Registrar of Quebec, and to continue him in th:it olffce, and that this obligation is accompani(^d by two special guarantees, set forth in the letter. The lirst of these guarantees is, that if the annual incomt» from the office should at any time lie less than t'alo, it should be made up by the government to thai amount, which was declared in the letter to he one half of the average income of the office to be resiirned, and also to be the amount which Mr. R viand v.'ould be entitled to receive uiuler the scale established by 4 and 5 William lY, c. 24, after 24 years service as his allowance, on retirement altogether from the public service. The second guarantee whicli Mr. Ryland contends is contained in the letter of the Chief Secretary, is that if the emolument to be derived from tln^ New Office should at any time be in i^xcess of the sum of C61o such excess should belong to him. With respect to the guarantee lirst mentioned no difficulty has occurred between the Claimant and the Imi)eiial Government. The only question that has arisen being between that (Jovernment and the Governm(>nt of Canada, as to which of them is ultimately lial)le to pay the deffciency of the Colo, and this has been already adjusted. The question now sul)mitted arises upon the guarantee secondly mentioned, and relates to the excess of olffcial emoHiraent derivable from the office l)eyond the I'olo. u h v^1 II The letter of tho Chief Sooi-nt.,,-. .r, i- tee of the XSU. .voes on to .^,^v r „ ' '"'■'l'"'""? "f 'he gnavmi- that s„m you wSl of cole [, '^"^^ ^'"y *o e,noI„„e„t« " exceed hi. answer, ,,-a ntte, -:";"' '" 'frT'" ''*■ ^•^■'""" "' "Qnebec, I have to ,-eo, .';.,; ',';"'"''' '° ">" R-Si^farshi,, of •■-ceptance of thi,s o , ' Z :! Tl '" '"' ^5-^'"-"=>- '".V reply. ' '•""'"l«..(...v ..•„„„.„(. to this letter there was no Ge„en.rR M"L„ra',THrr'"' "".""'■■■'•-■■' '>^'«'-" 'he Governor the eonditionli h ' ^tuZ^'^T 'T' ''';; ""'""■ '''''''''^"^- upon v,.hieh he alteru^:,; r.!';:,',,;;;. ■"'" """"■ *«" '-I^' ">' Wm. and In MccordaiKo with this a-reenienl \l,. if,- to the oIH,,. of Resist,,, ..ntn^.J h , iel ' "'"■' "l'l»"'*«' subsequently made the Ke-is, arsl ,i „f ,h n I '"" "'■™""""'"" Montreal wassubstitutediulsl it h „, '''■='»"»"»» Wvi^i-n of and d,d not a,.et the c.,. J. tsS/^rr ^r:;!:^'^ "■"" portion'!; r ;;;::• :u;;:!;',!t;;f ;:;:;:^^: '^ ;?• ""■■^-' - •«- much less than the Colo .,uar- n , d% ' T" " "■"'" "''y and how it was supplied :Z^ , , P . T'Tn':' f "" *-"°'«""y of New lirunswiek „ who he , te T r ': •''""°^ *'"'''-- Government w.th the consent'of Z.l::j:;::rVZ:^: """"'^" butul^:i'^r:d;::;::ri::\;;;/x::;:r;r*^^ tlaunant has alrea.ly encountered in the proseeutio,, of his rights. From the yojir iHoG th,. ollic,. vi..l,l i from 1870 to 1875 it o,,vo .n .Z.'^ T ?'''^ ^*^ "'^^-'^^^ wa. no breach of f^nfirTlllif, "'"'", ''r ''•"'•"• ''* ^^"' ^^^^-^^ under the contrac-f with V ' 1 '^ 1 , '"^ ^T^'''^ ^Jovernment, 1 ^ <• .u l^vlaud. hud heen observed- but in fl,^ las tol these year., l.s7o. the ..verun.en, ot the Provi c^ol n K without any necessiiv, or ind.-ed •inv r.-,. n. C ,V .^ ^>^"^'^^<'' omce :„to three, ass.,nin. to hun the least prolhabwtst, fnd t: * Sei; Mr. lilakt;?) lit'iioit, s 8 |i. l|. 12 .„a„,.in. h,s omci.l inco,,,,. io an a.nouut not much if at all exceeding """ '^^? ■ .„■ 1 .uL.lion Mr Eyland seems to have taken all the ,,„i-:;::.;!:t'rp.e.Lc_,eatea^-^^ ''''"'%, .It is that h. is despoiled of his right of incumbency i^n The result IS that m 1^ a j ,„. „p„eceivino- the emoluments the oHice to whi.h he was appointed, and ot receum^ yielded 1)V it- Thes.. a,v the f.-ts npou which Mr. Ryland founds his claim on and these seem to us lo present no dilhculty. \;he a.t „. these Mte-s. i. its ^^f^^:::^^^ ^TZ „v„„at,on ^'^^^::::'z^:':::r:!;L!t^:o^. with the R,.g,st.av. and to se, u » ""^ ^^^, ,, ;„„,„, ,1,, „Uenor obligation enjoymento Usn„,m e d^ -^.- I ^^^^ ^,^^ ,,_.^^^,^ „,. ^^e tocompensatehnnfo m> OS h ^^ ^^^ ^,^^.^^ .ecretavy ave as primary one. ^'^'■.'"™^ °' '" ^.^, ,„t as in respect lo the guarantee rr t^;i3^r i^;:i::^;;;a4ed ....r . .. leu. . .^_ :. rtSr otti:: or ot h,s Camr upon «overnmentr fixes^^o a^e-nt hey^nd -•;-- -^^^^1:^^'";::^-- i^:::-::ur:h:.in::3i^^^^^ mamfest that the guuvant.v to ^^^^J^^ ^^; !^^ ^ iVn-eJiee with its emoluments was a substantn e for his resignation. , . i- ,j He was then in the prime of life, and m.ght have rettred ,„togethor from the pnhl.c service, wrth »^f; '»— ^ ^ ^i'^ ^:[;:^ ■:^l^:;:to;^.r';her ^e'trl o... .ceipts 18 should exceed that sum. Thus he crave up the certainty of an income for hfe of €1035. with all the incidental advantages of his officeTor the Aolo in certainty, and the expectation of lar^e emoluments from the new office, which he was .justified from his agreement with the Orovernment m considering as secured to him in permanence. wnnl^ ^* «^n'^«t be supposed that any man of ordinary intelligence would voluntarily relinquish an important olHce worth €1030 with duties familiar to him and comparatively easy of performance, for one of less dignity worth half that amount, involving more labour and more responsibility,-no Government could fairly make such a proposi- hTlly"^ rlT'.'"' ''"^"'^ '^"•^^"" '^' ^^^^"-^^"tee contained in the letter o Chiet Secretary Murdoch he carried out so as to secure to Mr Byland permanence in his office, and give him an oppor: unity of making up Ivom its proceeds sufficient to indemnifv him for what he ios by the exchange, ho is placed in the position of having sacrificed :tol5 a year during his whole hfe time, without any consideration whatever. This point being established it remains to be ascertained the extent ol loss which has been suffered. Mr. Ryland declares that of the three divisions into which his office was separated the poorest and least productive was left to him and that instead of receiving an annual income of £2,500 he cannot expect that hereafter it will reach the sura of ,£5o0. Whether these or any other figures are adopted, the principle of compensation remains the same, and if the present case were submitted to the Courts of Law here would we think be an assessment of damages, sufficient to cover the diminution of income, and such other lo.sses as could be shown to have been immediately caused by the action of the Quebec Government. In dealing with this case the right of the Legislature of a Country to exercise its discretion in making such disposition and changes of its otiices as the public interests may require is not questioned, w.- perlVctly acquiesce in the views on that subject expressed by Mr. 151ake, in his report, paragraphs 18, 19. 20, but the peculiarity of ^Ir. I^yland's case which is admitted in the report takes him entirely out of the opeiation of the ordinary rules, and places him in the position of one contracting party, claiming from the other the fulfilment of a conventional ol)ligatioii. The question whether the Imperial or Canadian Government is ultimately liable for these damages is one which cannot be raised against the present Claimant, Mr. Ryland's whole negotiation was with the Representative of the 14 former Government, and from it alone he received the guarantee on which he rehes. The question was indeed settled by the reference by the Imperial Grovernment ol Mr. Kyland'.s lirst claim, to Chief Justice Carter. It is also admitted by the resolutions in the House of Lords and by the despatch of Lord John llussell, to be found on pages 41 to 43 of the pamphlet, and iinally by the payments by the Imperial Government of one half of the award of Chief Justice Carter, and the negotiations with the Government of Canada for the payment of the other half. That the Government of (Quebec ought in equity and common reason to be answerable for the injury it has caused by an act of mani- fest spoliation is undeniable ; but their liability to do so is not of the least use to Mr. Ryland. The spirit which excluded from the law any provision for his indemnification is still dominant, and notwithstanding the terms of Lieutenant Governor Caron's letter there is little hope that any relief could be obtained from that qiiarter. But even if the fact was not so, it is not for Mr. Ryland to seek redress from the Government of Quebec. He looks and is entitled to look to the party with whom his agreement was made, the Imperial Government ; leaving to that Government to deal with the immediate wrong-doer, the Government of Quebec. There is another reason why Mr. Ryland should adhere to his right of claim against the Imperial Government. The Act of the Legislature of Quebec, might have been dis- allowed by Her Majesty's Representative the Governor General. It was forcibly urged upon him to disallow the Act, and the exhaustive and able report of the Minister of Justice, Mr. Blake, shews abundance of reason for such a course. It is much to be regretted that the conclusion arrived at in that gentleman's lirst report had not been acted upon. There is nothing contained in the statement of the Lieutenant Governor of Quebec, which ought to have prevented a disallowance. He was in error as to the facts, and the whole tenor of his letter shews that he was very imperfectly if at all acquainted with Mr. Ryland's position, and the nature of his claim. To any one conversant with the history of the Law, and with the temper of the governing party tov; rds him the Lieutenant than of sedate offieiri staTeme;,* ""'" '*" "'^ '"'=""»=- "' ""^r that Act wis a di^elttna ;?, -Sr .S: :rth" "'^^- 'r "»-'"' "•^' tho Imperial Government, and in fa t vTl^d 'htiT ''"• ""'"" '^ breach of faith. *^'" Government in a The disallowance of the Ad wahI^i i, difficulty, by which Mr Rv lan^ t \ '^' Prevented the present CHS. D. DAY. W. BADaLEY.