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Q^' fe>peo. cfer^^^'-^^3tvrje"' ^^' '■ - d^ ce 3. ^: , teORRESPON DENCE BETWEEN LIEUTENANT COLONEL [GLJjlGG, SECItETARY OK Illb EXCELLENCY LORD AYLMER, GOVERNOR IN CHIEF OK LOWER CANADA, AND JAMES STUART, Esquire, HIS majesty's attorney general FOR THAT PROVINCE, >¥■! I ^ RESPECTING THE ESTABLISHMENT OK BOUNDARIES BETWEEN THE TERRITORY CALLED TIIK. KING'S I'OSTS, AND THE SEIGNIORY OF " MILLF. VACIIES;" ALSO COPIES OF A PETITION OF WILLIAM LAMPSON TO THE HOUSE OF ASSEMBLY OF THE SAID PROVINCE, AND OF PAPERS LAID BEFORE THE ASSEMBLY, IN PURSUANCE OF THEIR ADDRESS TO HIS EXCELLENCY THE GOVERNOR IN CHIEF, OF The IGtIi March, 1831. A<^ I M ^ » ^ I V M ' ^ No. I. Letter from Lieut. Colonel Glego, Secretary to His Excellency Lord Aylmer, Administrator of the Government, to James Stuart, Esqr. His Majesty's Attorney General. Castle of St. Lenms, Quebec, 2Jd December, 1830. HlR, I liave received the Commands of His Excellency (lie Administrator of tlie Government, to acquaint you, that he has received a I'etition from William Lampson, Esquire, in which it is stated, he is engaged in a Law suit respectinu the Boundary of the Seigniory of Milk Vnches, adjoining the territory of the King's Posts of which he is the Lessee, in which Law suit, as he states, the interests of the Crown are identifled wit!) his own. His Lordship desires me to observe, (hat he would naturally liave referred tiiis Petition (o you for your opinion, in regard to certain questions of Law, which it involves ; bul Mr. Lampson having stated, that you are retained as Counsel to the party opposed to him in this cause, His Lordship, before referring to you the Petition in question, requests to be informed, whether (he assertion of Mr. Lampson, of your being retained by the opposite party la correct, and whether in your opinion, the interests of the Crown are identified with those of Mr. Lampson, us stated by him in his Petition. I have the honor to be. Sir, Your obedient humble servant, (Signed) J. B. GLEGG, Secy. Honhle. James Stuart, A tlornei/- General. True Copy, J. STUAUT. No. II. Letter from James Stuart, Esf/uire, His Majesty's Attorney General, to Lieut. Colonel Glegg, Secretary, ijc. Quebec, 24ih December, 1831. Sin, I have been honored with the Commands of (lis Excellency the Administrator of till' Ciovernnient, signified in your letter of the 2;}d instant, in which His Lordship refers to a Peiiiion from Mr. Ivumpson, wherein it is stated, that he is engaged in a law suit respecting the Boundary of the St-iguiory of .Mille P'aches, in which law suit, as he states, the interests of (lie Crown are identilied witli his own, and wherein it is also stated, that 1 am retained as Counsel by the party opposed to him; whereupon His Ijordship has been pleased to require me to report, for his inf'onnation, whether tlu assertion of Mr. Lauipsou of my being retained hy the opposite party is correct, and whether, in my opinion, the interests of the Crown are icienlilied wiili those of Mr. Ijanipson, as statetl by him in liis Petition. Li obedience to Hi^^ Lordship's Commands, I have the honour to state, that the duty of the office of Attorney Geni'ial, which 1 have the honour of holding, necessarily, precludes me from taking liny roMainer to suppoit the interostsof individuals, in opposition to, or inconsistent with, those of the Crown ; and I have noi .liercfore, become, nor could be, retained by any parly adverse to Mr. Lampson, to oppose, or question, interests in him, which are identified with those of the Crown. The case to which Mr. Lampson, I presume, refers, and which it has been erroneously sup- posed by hlin furnishes ground for his as^crlion, is a possessory action, called in the French law an action "rfe Iteintegrnnde" (being the Inlerdictiim i/ndc vi of (ho Uoman law) recently l)iought by me for the Hudson's Bay Company against Mr. I^amp^on aiul his servants, for having wiih force and arms entered upon a piece of land wliicli then was, and during a long period previously had been, in the peaceable possession of the Hudson's Bay Company, as Lessees of the Seigniory of " il//7/e Vuches." — for having expelled llierefrom the servants of that Company, — l()r having commenced the erection of, anil erected, a house, buildings, and fence thereon, — and for having since forcibly leiained possessitm thereof, &c. This action turns exclusively on the alledged fact ot possession in the Hudson's Bay Company, at the lime of ihe trespass complained of svilhoiit reference to boundaries, or right of properly. In this iiciion, the bouniluiies betwcLii " Mitle Fac/ies" and the adjoining waste lands of the Crown, of which Mr. Lampson is Lessee, cannot come in queslion, or be Impaled ; noi can any ''g^ . C in.ere.t, of ihe brown be, in ihe smallest degree, promoled, .nn.red, or f '^"^J. » V « proceedinRs to be had, or the decision to be given, m this action. The ground on winch th « action, esVs is that of unjust Bpoliation by force and violence, and the rule ot law applicable 10 it is—" Spolialus ante omnia reslilucnJiis est." . , ^ . ^ ,■ ■ . If as alledeed by the Hudson's Bay Company, they have been by force dispossessed by Mr Lamnson, of land which was in their peaceable posse^sio.i, they must recover judgment against 1 nil this action, even though hi were the lawful proprietor of the land '1 he law ins "ch case requires that the despoiled party be re-inatated in nossession, before the question of ghtcan be litigated; and this can only be done, in a ; ;)e.',/ory; action, to be brought by C party which' laimi the right ot properly. It is manifest, therefore that Mr. Lampson conld7erive no benefit in this action,' from a right of property in His Maje.ty, even if such viffhl existed ; and it is equally manifest, therefore, that the interests ol the Crown are in no espect identified with those of Mr. Lampson, in this matter He has chosen to incur the hiffh responsibility ot taking the law into his own hands, and he must abide the result:-! he Cmwn iTa stranc-er to the illegal acts complained of by the Hudson's Bay Company, and cannci.andoughTiiot, to he implicated in the consequences of them. . , , £ will only beg leave further to add, that if it be supposed that any part of the waste lands of the Crown are included within limits improperly ascribed to the beigniory of 3Me yaches" the remedy for the recovery of it would be found, not in any interference on the Dan of'the Crown in the differences between Mr. Lampson and the Hudson s Bay Company, (as Mr. Lampson would seem to desire) nor in any action against that Company, but in an action against the Lessors of the Hudson's Buy Company, proprietors of tie Seigniory ot Mille yaches, for the establishment of boundaries between that Seigniory and the adjoining lands of the Crown. I have the lienor to be, Sir, Your most obedient !iumble servant, (Signed) J. STUAUT, ^tli/. General. Lieut. Col. Glegg, Secretary, Sfc. Sir. True Copy, J. STUAllT. No. III. Letter from Lieut. Col. Glegg, Secy, to J. Sru.utT, Enquire, Attorney Generaf, Castm3 of St. Lewis, Quebec, 29ih December, 1830. Sm, His Exct'lency the Administrator of the (lovernment has directed me to signify to you, in reply to your letter of the 24th Instant, (received by me on the 27tli,) that his inind is much relieved by the assurance which that letter conveys, viz : that the interests of the Crown are not involved in the case of Mr. Lampson, to whom it appears you stand professionally opposed as Counsel, in a cause perding between hun and the Hudson s Bay Company more especially as this assurance enable. His Excellency to call without scruple, for your' professional services as Attorney (Jeneral, in a mailer arising "'"of the statement contained in the PMition of Mr. Lampson, alluded to in my letter of the 23d in.tnnt. It appears by the Petition of Mr. Lampson, that he ,s sub-Lessee of the lands known by the name of the Finn's Posts, which are held under the Crown, and he complains that he is incom- moded in the enroyment of the same, owing to the circumsiance of the boundary of a Seigniory called ''Mille Vfiches" (which Seigniory touches on the lands called the King » Posts,) not bein" accur-itely defined ; and he appeals to the justice of the Crown, as possessor o the Kind's Posts, to put an end to this state of uncertainty, by causing the metes and boundaries of Alille Vaches to be accurately surveyed and defined. Applying to the present case the principle which would naturally guide individuals, in private life, under simimr circumstances, the Administrator of the Geveininent is clearly of opinion, that the appeal of Mr. Lampson to the Crown is founded in justice and equity, and that it is incumbent on the Crown, as pos- sessor and not on Mr. Lampson, as sub-Lessee, to establish the boundary m question, ft is Excellency has, ilu'refoie, cume to the decision, to comply with the prayer of .\ r. Lampson s Peiition. bv directing the necessary legal steps to be taken towards establishing the boundaries and metes 'of the Seigniory of Mi/le yachts. With the view of giving due -fleet to thesu intentions. His Lordship has thought proper to associate yourself and the Aovocate Ceneia , to ac> together on behalf of the Crown; and His Excellency therefore desires, that you will ( 4 ^ >«-■ 1 * be pleased to communicate with Mr.Kmpson, on the subject, and concert witb him the mea^^ Bures necessary to be adopted, in o.de.lSSsive effect .o Hii Lordship's .nten.io u "uSnTA^^^ ' .ne, for h.s informution, the result of sucT. communication, with the least possible tfeUy.^ V^«^- S 1 liave the honor to be, Sir, Your obedient iiumble servant, Ilonhle. ./. Stuart, Attorney General. ' ^ '"^' True Copy, J. STUART. '>/^ IV. Letter from James Stuart, Esf/uire, Attorney General, to Lievt. Colonel Glego, Secretary, ifc. Quebec, 30ih December, 1830. Sin, ' ''"''^''T".''"""''*''' ^'*'' y""'' I^e'ter of the 29ih instant, in which wiih reference to legal steps which it is therein 'stated His Excellency the Adn In.Wa or of the Govermnent hue co.ne .„ the decision of .lirecing Vo be taken, towards establ si ing he Boundane. and Metes ol the Sc.gniory of Mile Vaches, it is intimated that His Exce"fency Ims 11 ought proper to assoca.e me and the A.lvocate General, to act togethe on bel B on ihe sul;;;;!; i l' ^" "^"""^'"^y t '.erofore desires me to communicate with Mr. Vanfe on "ve ffc r'nf,"' 'Vr""" «""'.'""' ll'enieasures necessary to be adopted, in order to giveelloct to HisLordsb-ns inteiuions, reporting to you for his information, the result of such communications with the least possible delay. iniunimuon, lue result ot From .he nature of this co,n,nunicati<.n, u, well ks that which preceded it, on the same sub- ion Im h S"'""': ;. ""'''''T':* ^««P'''=''!^lly-bn'itto'llis Excellency's considera- tion ilm t bolonp to the office ol Attorney General, to advise, institute, defend and conduct all suits ot the Crown, which are carried on in His Majesty's Courts of J„Se""n which that officer acts profesMonally. These duties are by Law inherent in the office and canno. be severed from .t .-for ihe faithful, .kilful, and honest discharge of them the office responsible ; and this respons.bihty constitutes the security of the public and of?n vidua", oar., their respecveiuteiests are concerned. Not being conscious of any inability to ulfilth. duties of the office I hold, and not having learnt that my honor or inte^rvLs been i,npeached, I. oust beg leave lo c aim from His Excellency fhe undisturbed''^ un' esti c ted exercise o the rights vested m .ne by His Majesty's Commission, appointin-r me h.» At.o.ney General for Lower Canada. If, however, any charge or report cilculateTlTo impair the co,,hdenco of His Majesty's Government in th'e ujfright discharg^of my dut Ls h " 'nn M « l" •^^'-■"^"'^.y' "'^'-'' "' «"«tai!'ing any abridge.n'enf of the rights now Vfer ed o lm..t sohc.lhom Ilis Excellency's justice an immediate investigation of the imputation whatever it niay be, that no disparagement maybe suffered by the honorable service in which 1 am engaged, fiom ma ignani .n.,nua,.on, or unfounded suspicion. But, in the absence of any such cause lor withholding the confidence which is due^o .he office, with which His »« • .1 1 , , " ,"'' : ■■"' ""■"-■' '= uuc lu me uiiice, Wltll WII.Cll HIS Majesty has honored me and while I continue to hold this office, 1 cannot acquiesce in any di.lies legally incident to it to another person ; nor can F ubmit to become ihi ir. Vaiitelson, or ot anv otiiei- nrnffftiiiiinn! n'onil^.^.o.. ■.„ ™».._„ ; i- i ■.. transfer of the di uMvillni V ,^r M.. \r rT"-' 'c '■ "" ' )-'"''■ l"",'"" '> ""' t^an ' uomit to become the aux.l.a.y of Mi. V^ai.felson, or ot any other professional gentleman, in matters in which it belongs to me to act as principal. ' I have the honor to be, Sii Your .nost obedient humble servant, (Signed,) J. STUART, Atti/. General. case the Lieut. Col. Glegg, Secretanj, ^c. <§-c. npson to True Copy, J.STUART. as pos- }n. His impson's undaries to these : tieneral, ' • you will i 4 No. V. Lemrfrom Lieut. Coi Glego. Seaj. &c. to J. Stuart, Esquire, Attorney General. CA8Tr,E OF St. Lewis, Quebec, SOlh December, 18J0. — neiiner nave um vi^v.o.— - 1 have the honor to be, Sir, Your obedient humble servant, lS,gned,) J. B- ^I^l^GG, Secj/. % Honble. J. Stuart, Attorney General- True Copy, J. STUAllT. No. VI. me from His Excellency Lord Aylmer, to (PRIVATE ) J. Stuart, Esq. Aitorney General. Castle of St. I-ewis, Quebec, 30ih December, 18-W- ErtSrAS;":"- >™'^^^^^^^ ■;.-?" .»'-^"' "■ "»• '"'■"«•• "°"'" " hig\ily gratifying to, my dear Sn-, Your very faithful servant, (Signed,) AYLMlill. True Copy, J, STUAUT. (leral. I 4 I * No. VII. Letter from J. Stuart, Esqr. Attorney General to Lieut. Col. Gleqo, Secretary, 8fc. Sm, Quebec, 3 1 St Deer. 1830. I liuvc been lionorcd witli your letter of the "Oih inst. and beg leave to state, timt I have dirived the Krtatest suti^fuctton from tbe ussurunceg HIh Excellency tlie Adiiiiiiistratur ot tiie (jovtrimient bus been pbuned lo coiivev to me, that, In bis directions ri'spccting ibe suit to shuttle tbe boundaries of "Mille fuches/' be was not influenced by any doubt of my integrity or honor, and my most respectful ackuowlcdgementa are due for tbe terms in which tbese assurances have been conveyed. In staling, in my lust letter tbe right* which I apprehend to be inherent in the office of Attorney General, it was no't my intention to call ui question tbe discretionary power of His Excellency, to authorize any number of Counsel he may think fit, to give their assistance in tbe conducting of the suits of the Crown, but respectfully to assert, that they cannot net as principals, or direct, or controul tbe Attorney General, in tbe management of such suiU ; tbe responsibility for the proper and efficient conducting of tbe suits of the Crown resting entirely upon him.— 1 beg leave, therefore, respectfully to mention, that there is no objection on my part, that the Advocate General, or any other nrofessional gentleman, be authorized to act us Counsel, in conjunction with me, in the legal measures which it may be proper to adopt, for derterming the metes and boundaries of the Seigniory of Mille Fachej ; and, on this bead, tbe-e is the most ready and willing acijuiescence on my part in whatever may be the pleusureof His Lordship. 1 have the honor to be, Sir, Your most obedient bumble servant, (Signed) Lieut. Col, Glegg, Secretary, Sfc. True Copy, J. STUART. J. STUART, /illy. Genl. No. VIII. Note from J. Stuart, Esq. Attorney General, to His Excellency Lord Aylmer. (PRIVATE.) My Lord, Friday Morning, 31st December. It was with extreme satisfaction that I perused your Lordship's very friendly and condescending note ot lust evening, by which the painful feelings necessarily produced by tbe recent correspondence to which your Lordship refers, were made imme- diately to yield to those of a very different character. The impressions of respect for your Lor b^ ii^t^ti^uiNd vn 0^ ^«i.t qf th« Uuwn ; but, l^avjoK beea disappointod int,!))!) e)|pecui^.9i;i^ lie guiw^lvi;* ittal he g«ji qo. longer reinqin niitent qci tliiA lubject ;— And Hi8 Eiceljency iMn.ditfijttd nieii,Q iippr^tH upoi) your i^iixdil^e iui|M;rt«iMe ^v)iich ke BiiBi;lie« (9 tbQ,KM'o<;e);d>9gS'n qu«iiiiou.— il,ia ^ii,cqlleff<;y qontklerH it i/i u point gf view Gir mora inf UQrtHni, ijian any that reHutt ^pi|it the a;[(t 1, inor.9. or laM. of tlio Moundnriei of the Ktns'a Posts ; fur, it i^ a question in which tliie.good Gtitb. of tlifl vrQMf.n i|t cQncer;ied, as regard* Mr. Lampson, the (jessee of that Property, under the Crown. — Such being the view tukrn of this alfttir by the (iovernor in Chief, he ho|>e» it i» unnecessary ^<^r Ui^» IP wy more, in order to in- duce you and the Advocate-Cieneral to use your utmom diiii^cnce, in brinjjuig it to a speedy conclusion ; and iri order tha,t Ui» Excellency lojiy be kept tluly informed, tiom lime to timi-, on a subject in which he takes so deep an interest, he desires that you will (jointly) report fVeeklif, iliat ip to »ay, on every Saturday, (Ijeginning with Saturday the 12th inst.) whether any, and what progresn has been made in the business, during the past week. I liuvc the honor to be, Sir, Vour most obedient humble servant, Honble. James Stuart, Attorney General. True Copy, J. STUAllT. (Signed) J. a. GLEGG. Seey. No. XIP. Letter from .7. Stuart, Esquire, to Lieut. Col. Glegg, Secretary of the Governor in Chief. S|a, Quebec, Mtli February, 1831. Upon the subject, of your Ie>,'.er of the lOth instant, wiih which I have been hpn.ored, I. beg Ifove tu reRiprk, ihAt, there is perfect readiness and wiliingnesa on my part to instit))te wi)atever actions nmy be legitlly insiilnted, for the efliablibhuient of boundaries between the seigniories of " jMille Vuche.s," and the adjoining lands of the Crown. But I do also huipbly qpprehend, tjmtit is incumbent on ine in this, as in all other cases, to become distinctly acquainted with. the grpunds on which an action for the Crown is lo be brought by me, and the nt^ns by which it is to be supported. In cages where the rights of His l\laje<)ty, there h reason to beljev^, ore atlected.by ancient French grants, the best source of information is supplied by t|»e oflice of the Inspector (Jeneral of ilie King's Domain, and Clerk of the L^nd UqU ; in whicu the old French titles, and vAriuus documents determining the rights of His iMnjesty to lands are reqorded, «nd to be found. I l;ad, therefore, the honour, in my letter to you of the 31st January last, to suggest it lobe expedient, that this officer should receive Ijlis Excellency's orilers to make me acquainted with all such titles and documents as ipiglu be recorded or fpund in bis oflice, relating to the boundaries in question. To this application I have received no answer. Cppaidering the terms of your letter tp import a peremptory order to institute an action imni^diulely against the proprietors of the seigniory of " Mitie yaches,''' for the establishment, uf boundaries between that seigniory and the adjoining lands of the Crown, I shall institute this action, as thus required. Qui, I must, at tlie same time, observe, that 1 shall take ihi« step, withqut haying been afforded the exercise of my oflicial discretion in relation to it, — without having bcett required to submit, for Uis Excellency's consideration, my opinion whether there be legal and sufficient grounds for the proposed I'measiu re, — and wit.houi having been put in possession of any documents, or infaronation, to enable tne to judge whether there be such grounds or i)ot, I Itave the honpr to be, Sir, Your most obedient humble servant, Lieut. Col. Glegg, Secretary, Sfc, Src. S(C. True Copy, J. STUART. J. STUAllT, Allj/. Gereral. 8 No. XIV. c *« T Stuart Esq. Attorney General. Uuer fro. U»i. 0>l. G»o«. S.c*^, *c. « J- •^ Castle of St. I.ewis, Quebec, 12th February, 1831. I 1 have the honor to be, Sir. Your most obedient humble Servant, (Signed) J. B. GLEGG, Secy. HonhU. James Stuart, Attorney Getieral. True Copy, J.STUART. No. XV. The Memorial of the Unders.gned Propuetors ol Distiici of Quebec. Respeclfullr represents, . ^ PeiiiionerB, by His M«i«*'y'' ^"?;'",X „■„ * 1. of .1,. c.», >o..r E.c.Ueno, «.! "» W™ S . .i.« of «»'>«"8, ?"' fct traEneStB^.thelliverPurt^^^^^^^^^^^ ' ,, ""MS'JsPos firBtputfortl.acla.mtotl.epoB™^^^^^ „f U.e Cown ws at . e .^.t^edby the Government and alO^othe^re^^^^^^ ^^^^^^ ^^ 7" .t%'t.et.£ J^r^iet^rtrCfi gSo Ch ef ultimately deeded, upon the p.duct.on of .Uo_ . . I -» w .# aP eneral. Jl. ornage" 1 direcl- )ii of the ;opy of a pped, or for your aide His Sea/. lost Hono- in Chief in iclies in the '9 Atiorney- Sfour Excel- lariM of il>e your Excel- reaent Lessee answering or brmed of the . and expence your Excel- 1 to make the ur Excellency ments of those i 10 recall the 553, to Robert t. Laurent, dit IS, ail lieu dil fleuve, et de« her, Surveyor, 1 Seigniory was y mark to the ihe eoiilh west According to the conquest, and have made er and post are luht was never t?ie Kini;'s Posts lorouglily inves- Bwn was at the he lilies of ihe on of '.hose titles, .# 1» that the King's Lessee had no rifjht whatever, and ihal it would be unjust (o require n survey to be iiuide of ihe Seigniory, when the proprietors enjoyed it under one already in existence, auil according to their titles. The action ert Aorwn^e then prayed for by the lessee of the Kiu<''s Posts was refused, and your petitioners know of no circumstance which can jujitiy cliaiige lliat determination. Mr. William Lampson, the person now enjoying the lease of the King's I'osis under assignuient from Mr. Goudie,or his assigns, hits indeed lately endeavoured, by force, to lake possession of part of the Seigniory, and has done other acts of violence and oppression towards your Petitioners and the Hudson's Bay Company, their lessees, in respect (if which, iiclions and indictments are pending in the Courts of King's Bench civil and criminal, from which the injured parties hope to obtain redress ; but your Petitioners deprecate >ii;li great humility, but at the same time with earnestness, the interference of the Crown in lavorofthe ofltjnding parly against your PetiiioiierSj who are the innocent and and injurui.; pariy. Your Petitioners are fully sensible, that neither your Excellency, nor the Government, have or can have such intention ; but they humbly submit that the iniiilntionof the action in ques- tion must necessarily have that appearance and elfect, and has a direct tendency to call in question a title and possession which is in fact iruli^'putable, YoiM' Pctilioners therefore humbly pray that your Excellency will be graciously pleased to take all these circumstances into your consideruiion, and recall the instruciions given to His Majesty's .Attorney (Jeneral, for the prosecution of the said suit, or in the event of the same being prosecuted, that your Excellency will be pleased to direct that the expcnces incident thereto may be borne by the Crown. And your Petitioners shall ever pray, Sfc. e LanS Roll shoulcf -«'- .^Te ^orrd S I tu. d ^0"' office, re'la.ive to xviil, all such titles and documents as n\>!J»H be ' ^-^^ 'l^" ' °^^^ ;„ siippori of such legal mea- torn .0 lU. Hl.l>or.bl. Jokn »«"' ; ,J"r "'» '° '7 ;; ^ ,c i„,i„«l. .» .clio,, of " Mille y■ LJART, Athj. Vencml.. Letter from Lieui. Col. Glegg, Secretary, «,r. to J. Stuaut, Esq. Attorney General. Castle of St. Lewis, I2tli Februarv, If !. Sin, ' With reference lo your letter of the 11th instant, I have been diiv . by His Excellency the Governor-in-Chief to desire that you will require from the hen I t,, any pubhc department in this Province lo which you may have occasion to refer, such documents as yon may conceive to be necessary for the due prosecution of the contemplated suit '' en Bornai^e" of theseigneurie of iti«/fe >^acAe«, producing this letter as your authority for such requisition. I have been further directed to desire that, as the former instructions conveyed to you in my letter of the 29th December last, required the Advocate General to act in conjunct ion with you, in the prosecution of the contemplated suit, His Excellency desires that the weekly report of progress, required by my letter of the lOlh instant, may be a Joint report, to be sionor to be, Si'", VournK..tobeaientUu™bWBemn.. (Signeil) ^''i/- General. Lieut. Col. Glcsg,Secretar,j,.^-c. Sir. True Copy, J. STUMIT. No. XXII. of E.o.ure His Majesty's Attorney General, to Lieut. Quebec, lUhFebruay,l&3 1. ,., lothinst. tiansmittingaPef'f'"" siiiilMiiiis liiapSSiiiii guidauc(?l lUavelbebonorto be, Sir, Your most obeJlent bumble Be>•v^-t, (Signed,) J. STUART, /|«^. Geiiuai- . , I, I Glcs. Secretary, Sfc ^c- T.u.Co,y, J.STUAUT. ry, ^'c- 18:n. n.Chief, ivf, that ir of i*ie it would for His ■neral, li) wiih ihe Iter from 3 sign ii ; )ri 10 nie, eil 10 me, iialing lu* eporl was Hi9 Excel- scellency'9 13 No. XXIIl. Letter from Lieut. Col. Glegg, Secretary, 8fc. to J. Stuart, Esq. Attorney General Castle of S Quebec, SiH, . Lewis, ill February, 1830. Willi ihe view of prevenling all misconceptions on the subject of the latter ■ ' ■ "■ Excellency the Governor in MUle Vachi'.s may proceed, without loss o. u...«. . u... ■> - .....>.^ ... -...., ...-., rence to the petition of the propi I etois of iVMe Viichts, and the mode of defraying the expenccs connected therewith, His Lordship is of opinion that it is a point for future consideration. pa Chi Wilh the view ot preventing all misconceptions on It of your letter of yesterday's dale, 1 am commanded by His Exc lief, to desire, that the suit " en Homage" of the seigniory of Mi thout loss of time. I am further directed to add, that, with refere 1 have the honor to be, Sir, Ilntihlc. J. Stuart, Attorney General. Your most obedient humble servant, (Signed,) J. B. GLEGG, Herij. True Copy, J. STUART. No. XXIV. X IS A leral. il, to Lieut. lay, 1831. tting a Petition ,al of survey ot em be stopped, k'lK-y has been ■rcon, as I nu'.y business. state, foi- His eftablijhinfnt ot my be stopi)e(l, mtained in your nstitiition ot the Clerks arc iu.nv icd ont iip'>n "^j. ,1- the D\M-\c\ ol „s of vour letter t be ili* lixwl- order of the lOtli mv vi:\wvt on tlie 1 with the turtl.er , tills head for my J. STUART, Ally. Genaui- To His Excellency the !i ight Honorable Matthew Lord Aylmer, Knight Comman- der of the Most Honorable Military Order of the Ruth, Cajitain Generul and Governor in Chief in and over the Provinces of Lower Canada, Upper Canada, Nova Scotia, New Brunswick, and their several (lependoneies. Vice Admiral of and in the same and Communder of all His Majesty's Forces in the said Provinces, and their dependencies, and in the Islands of N^utouiKlland, Prince Edward, Cape Breton, and Bermuda, &c-. &c. &c. May it please your Excellency, In obedience to your Excellency's order, signified tons, in Mr. Secretary Gleffg's letter of the lOth inst. requiring that wc i\o (Jouifli/) report wee/ch/, that is to say, on e\x'ry Saturday (beginning with Saturday the 12tli inst.) whether any and what progress has been made, in the business of the suit " en W««^c" of the Seigniory of' Mille Vaclies" directed by the letter of Mr. Secretary Glegg, ot the '29th December last, to be instituted on the part of the Crown ;— We have the honour to report tor your Excellency s information, that the letter of Mr. Secretary Glegg of the loth instant, in answer to that of the Attorney General of the I4th inst. by which, notwithstanding, the Petition ot tlie pro- prietors of " Mille Fachcs," referred to in these letters, your Excellency was pleased to desire that the said suit " en homage" should proceed, without loss ot time, did not reach the Attorney General lill after four o'clock in the afternoon of the 15th inst. at which period, it was not practicable, consistently with the rules of practice of the Court, in whidi the suit was to be instituted, to cause process to be sued out and served in time to be made returnable in the present term, which ends to-day.— Process was, therelore, sued out by the Attorney General, the next day, that is the 16th day of February instant, returiuible on the '2d day of April next, being the earliest day on which it could be made returnable ; till which period no further progress in the suit in question can be made ; and we presume, therefore, that it is consistent with the sjnrit, if not the letter of your Excellency's order o the lOthin-^t. that we do abstain from making any further reports to your Excellency, till after the iirocess has been returned into Court ; and, on this presumption, we shall take the liberty of acting, unless we receive your Excellency's orders to the contrary. All which, nevertheless, is respectfully submitted to your Excellency s wisdom, by Your Excellency's most obedient. Humble Servants, (Signed) Quebec, Saturday, 19th Feb, 1831. Lieut, Colonel Glegg, Secretary, Sfc. Sfc. True Copy, ,f. STUART. J. STUART. Atty. General. 14 No XXV. Letter from jAMi-y Stuart, for/xm-, Attornp;i General, to Lieut. Colonel Gi,E(ici, t<('vret(inj, i'niory or Mo i th«y W'^^ '"^, ^ leave rcspectfally to slutv, for the intormat.on of "'^ 'l^,;""!' "/^i^i.,,, „„,! ,he procies xabnl above referred to, by Excellency's commands, peniseilht F''' J'^^" petitioners; but it is impossible forme whic!> a case prwmjuac is made out t-'vo "l ' \^,, l^;'^^^';,,^. 'petitioners, without further ., report any "^[^^ ^ ^'ji;-'- .^e ^'^^. ' Sn i^t hL ten' impossibi; for mo to obtain, inforinaiiun on the point "/"^'P"'^- f 'V' , ,^c'r^ of the said petition to me, and with in the short interval which has '■l,«P''=i.«'""„ ;'^„7"'' ,t, m„ ,' lU. But, on my return from the multitude of avocations Nvh.ch l''^^ °" '";. ,^^ ^^^^^^^^^^^^^^ omit to institnte such Montreal, to which place 1 am •^7^^ 8,^ ^ " ^ ^^.^^'^^-^^ 7,\,;^ „ ''\^ necessary, to enable me r"'S r ll-r^cdlen^yr^^^allllln my Kbi; oS^lor^ on the meri^ of the appii- "atro'"of\he "opne;or!: aW« Vackes, contained in their said petition. '' 1 1 have the honor to be, Sir, Your most obedient humble Servant, (Signed) Lieut. Col. Glegg, Secretary, Sfc. True Copy, .I.STUART. .1. STUART, All I/. C.enl. 15 . Colonel ly, 1 831. tting lo ine a ly of a procis inst iliein niiiy it'iilly lo Biiiif, ed: Mice to His R'tVireil to, by Oisiblo for me k^iihout fiiiiliLT r me to obtain, 3 inc, anil witli ny return from ) institute such r, to enable me 3 of the appli- '' 1 COPIKS OF A IM-yilTION OF WILLIAM LAMl'SOX, TO Till'; iiOLSi; oj- assembly, ok LOWEK CA-NADA, AND OK PAPEnS LAID BEFOUE THE A'^SEMIU.Y, IN PURSUANCE OF TIIEIU AI.nUESS TO MIS EXCELLENCY THE GOVERNOR IN CIUEK, Dated the \Gtli March, \K\i. rUART, Attn- C.eiil- Copy of the Petition o/" William Lampson, to the Hoiwe nf Assemhhj of Lower Canada, presented the \ at March, \K}\. To the Honorable Knights, Citizens and Burgess^'s of Lower Canada, in l'rovinci:ii Parliament assembled. VVILLLVM LAMPSON, ofQucbcc, Lsquire, Merchant, by this his Petition, ytost hwnblif represents, That your Petitioner is Lessee of that part of the Domain Lands of the Crown, called the King's Posts, aad of the exclusive trade with the Indian-i thereof, under a lease from the Crown. That in con-,ideration of the said lease, your Petitioner pays an anu'ial rent of 2\fiOO, and that upon the (iiiih of the promises therein contained, your Petitioner has invested a capital of about £40,000 in that branch of commerce. That, of laie years, a rich and powerful association under the name of the Merchants Adventurers of Lngland, trading to Hudson's Bay, have for the avowed purpose of trading in Pelletru's secured the lease of a small snip of lanil called Millc Vaches, of three leagues in front on tlie liiver St. Lawrence, by four in depth, conceded en Fitf and Seigneurio by His Most Christian Miijesty, in the year Iljj.'j. That this Fief and Seigneurie is bounded on all sides, except the front, by the said King's Posts. That the said Fief and Seigneurie was so granted, fiu' ilie purpose, not of trade, but of selllemcnl onlt/^ and that there is not a single settler on the said Fief and Seigneurie nor any habitation. That the said Fief and Seigneurie is generally understood and believed not to contain animals of the chace, and that even if it did, furs, the bona fide produce of so sn.all a space of ground, could not, considering the outlays and expenses of the said Company, become any source of |)rofit. Yet that your Petitioner is informed the said Hudson Bay Company have consented to pay a rent of about i?.'J0O for the hasu of the said Fief and Seigiieuiie, in as inuoh as they have thus obtained the means of trespassing upon the limits of the King's Posts, and of trading with the Indians, although the tenure upon which the said Seigneurie was granted confers no right so to do, and that the proprietors and inhabitants thereof, if any there were, are excluded therefiom, in common with all the King's subjects. That the said Hudson's Bay Coin|)any, i-eiyiiig on the incapacity of any single indivi- dual to cope with them, and with the intention of ruinitig youf petitioner, in (U'fk'f to engross the whole trade, have opeidy violated the I'ights aiitl privileges of your i)etitioiier, guaranteed to your jjetitioner by the said lease, and have seduced and (Iciiiorr.lized the Indians, by the distribution, (among other means) of iniiiioderate > IG tliiMiiM'lvf, ii liM'i,'c' mul vMl.mlilc tr.u't oflaiid, the properly of tlie Crown, to wliidi tract your |)i-titioiu'r, uikU r hi- >:ii(l l<':i.*i', is jiisilv entitled. Tliat it is (if iiK MU-uliihlu iinportaiici- to your petitioner, tlmt lie should enjoy tlie said tract, and that ilm s.iid lliiilson's Hay Company should be ejected, your petitioner liavinj,' loniid his profits diminished one-hall, by the means of injuring him, which the occupation of the said tract and river have atVorded the said Hudson's Bay Company. That it is the rii,'htof the Crown, as well as the interest of your I'etitioner, to resume the said tract of land, and a ri^'lit which your I'etitioner humbly submits the Crown is bound toexeicise, and which it is the (Inly of 'the Attorney General to iusert by supporting the lessee of the Crown, , That asa consecpienceof theacgressions of the agents and servants ot the Hudson s Bay Company, collisions have taken' i)laee between the servants of your I'etitioner and thoseof the Hudson Hay Company, which have led to several prosecutions, as well on the criminal as on the civil side of the Court of King's Bench for the District of Quebec, in which your Petitioner is interesteil. That, under an impartial administration of justice, it would not be dilticult to prove that these breaches of the peace and other injuries were comuiittcd and excited by the arts and for the benefit of the said Hudson's Bay Company, and by the instrumentality of their agents and servants. ,, „ ,. ,, That your I'etitioner, having set forth the premises to enable your Honorable House Inlly to comprehend the causes which have led to this Petition, presumes to inform your Honorable House, that the private Counsel and Attorney of the said Hudson Bay Company is the Honorable James Stuart, His Majesty's Attorney General for tin.. Province, and au Exccutivi- ('ouncillor. <•,. , That, in au action o-Revendication brought by your Petitioner in the Court of Kmg s Bench under the No. 1212, against a partner and an agent of the said Company, who took and converted to their own use a lot of furs of the value of £1,500 belonging to your Petitioner, the said James Stuart has appeared as the private Attorney for the Detendants. That in another action " vii riintegrande" under the No. G42, brought before the said Court by the said H.udson Bav Company against your Petitioner, the said Attorney General ap|)ears as Attorney for the said Hudson Bay Company, the Plaintiffs, and that in asnnich as as tlie said action '" en reintegrande" relates to the above named valuable tract of i.;nd belonging to the Crown, the s:iid Attorney General has there lent his ministry to persons whose interests were and are adrcM- to the King's Government. That, actuated bv a natural bias in favor of his clients, tlie said Attorney General has per- verted the administration of justice, by preferring numerous frivolous indictments against the agents and servants of vwir Petitioner, by repeatedly causing them to be hurried away incustodvfrom the severarpliices at which they were stationed, and by lending himself to facilitate 'the e>cnpe of his clients (the aggressors) when complaints were preferred against them, on which he, as Attorney General, ought to have prosecuted them criminally with effect. . r 1 r. ^ That the said Attorney General has even gone the length of appearing for the Defen- dants, a [lartuer and two agents of the Hudson Bay Company, in three several cases in which our Sovereign Lord the King is Plaintiff, wherein the said partner and two agents or servants had been condemned to pay three several lines for distriliuting liquors to Indians, and that he so appeared, knowing that the Crown was interested in recovering a moiety of the said several penalties which the said several parties were condemned to pay. That the Altorncv General has abused his power as Attorney General to favor the said Hudson BavCompany" his clients, the commercial rivals of your Petitioner to the great damage of your Petitioner, and has deprived vour Petitioner of (that support from the Crown which your Petitioner, had a right to expect, and that the Attorney General lias acted m direct opposition Jo the interests of Government. ... That your Petitioner, having found it necessary lo apply for relief on certain subjects growing out of the contests between your Petitioner and the said Hudson Bay Company, to His Excellency the Governor in Chief, your Petitioner has found His Excellency disposed to do him justice to the full extent of His Excellency's power, a disposition ot winch your Petitioner has hud frequent experience, and in which he feels the most unbounded confidence. But that the matters subiniiied to His Excellency were of a nature requiring the advice and interference of the Law OfTicors of the Crown, and that your Petitioner has been deprived of the benefit which he must have derived from the unbiased opinion and authority of His Majesty's Attorney General, from the circamstances above related. . • i . That your Petitioner has the more reason to complain of the position in which the said Attorney General has placed himself with respect to the Crown, in so much as of the Honorable Members of the Executive Council, (the copsiilutional advisers of His Excellency,) one is a partner of the said Hudson's Bay Com|)any, and another the Agent of the Proprietors of Mtlle Caches, Wherefore your Petitioner complains of the conduct of the said Attorney General, and prays that it may please this Honorable House to grant to your Petitioner the benefit of an investigation, that justice may be done in the premises, as the wisdom of this Honorable House may prescribe. And your Petitioner as in duty hound uill ever pray, (Signed) % 'V WM. LAMPSON. 17 No. I. Report of the Attorncij nml Advocidc General of Lower C .r-; .u, ns to the Post of Portnenf, beimj or not bemj within the Kvxj's PosIh. Quebec, 18iU April, I82.'J. 1 r^ Sm, In obedience to '.he cnmmnmU of \l\» Excellency tlie Governor In Chief to us sij»nified, by order of reference of iheSih instant, inclosing a letter from Mr. Viillieres, the legal Agent of Mr, (loudie, Leasee of the King's Posts, claiming possession of ihe Post of Portneuf, ns'ihereunlo belonging, with inslruciions to rcnort whether that Post belongs to that part of flis Majesty's Dumuin which is leased to Mr. Goudie, under the denomination of the King's |»usl8 ;— wu have procured all the information which it is posi-ible to collect on the subject, and now report our opinion, for the consideration of His Excellency the Governor in Chief. On reference to Mr. Goodie's lease, bearing date the 2Gth July, 1822, made out and exe- cuted by the King's Notary, the extent of the King's Posts are mentioned, in vague and general terms, via. " All those His Majesty's Domain Lands and Posts, situate and lying on " the north side of the River St. Lawrence, in the Province of Lower Canada, commonly " called and known by the name of the King's Posts." This description was taken by the Notary, from the conditions inserted in the Quebec Gazette, by order of the Executive Council ; and on a reference to the lease made on 5th April, 180,', tlie like description will be found. From this important description, it became necessary to inquire whether, in the Suiveyor (Jeneial's office, any better or suHicient description, and exact limits could be found, or pointed out ; but, after enquiring from the Surveyor General personally, no exact limits could be given by him, nor could any be pointed out. We, therefore, rti'erred to a feeni to have been since made to them, as it would .ippear, by this Map, and woiiKI comprise all that extent between Black lliver and Lex Cup ilcs Connnruiis, excepting Mille Tdches, iiud such ulhcr tracl-i pointed out as conceded. The old Lessees being possessed, as of their own properly, of the Seiijniory or Fief called Millc Vdchcs, it became necessary to ascertain where it lay and what it consisted of. We, therefore, resorted to the original grant of that Fief, conceded by Monsieur de Lauzon, Gouverneur, to Robert Giilard, on the ^d July, 1070, wherein the extent of the Fief is limited and described as follows : " trois lieues " do front sur le flcuvo St. Laurent dit cote du nord an (lessons de Tadoiisac, " et dcs Gnindes et Pctitcs Hergerons, an lieu dit iJtttc T'achvs, avcc (piiitre lieues " de prol'onilenr, tenant i)ar devant sur le dit fleiive et dcs autres cotes aux terres «' non eonceilces." — The like limits are given in a "/"«' ''' /iommiiv;c," tendered on the 28th May, 1782, by Thos. Dunn and Wni. Gr,uit, Esip-s. as proprietors of that Fief.— This description is well explained, and will he understood, by referring to the map, by which it would appear (lie limits of. 1////(! Fac/irs" were fixed. On encpiiry, however, at the Surveyor General's Ollicp, it does not appear that any survey or " bontuge" has ever taken place, or any " Procvs I'erhal" dividing this Fief from the unconceded lands of the Crown. Tlic Post of Porneuf, now demanded by Mr. Goudie, is, as it appears by the map, at some distance below Milk Vaehes, and a portion of the King's Posts, as it strikes us, being within the limits above stateI)istrictof«u.^ee under an. ot ^.^^ _^^^^, • ,„^.,. with ''^f '^'"^V V ^ .1 .,v tL Post of I'ortnenf. situated within the said seigniory, traile with t . Indians there, at tlic i om oi » ' "^ ' • „articiilarlv engaged in the fur That your I'etitioners "« '';^""'"'^;^^i^^^" ^i.^^J^, S^wUhin tl^^^'rovinee. tor trade, and having estahlishinent. ' P" I ^;'^/;';i ',,,,, ti,,,,, „,„l intercourse with the other spiriuious-liMUors have cwiem^^^^ Petitioners, that sueh a circum. That >^^^;^''''^''y^'^'"^^^'^^^S^]^,,y conceive that they have in any manner stance could he considered asilu g I, ' ' ,/ ^ • l/.iinnson, the present lessee of the Kinij's uHaidedthelaws n this particular. It M.'.ni^^^^^^^^^^ I ^,^^. ,^^^^,^^^_,,^ „ Posts, having lately attempted 'y*^;?'"^^^. ,;,'.,," the Seigniory of -!////<• Imhcs, for Company from the V^^'^^'^^^XX^^^^^o^^S^ l^'"""" '""' •">f""-'""^'"'- "-'^-"^' l.is ,,wn private purpose., ha. l^y tic im^^m^^^^^^^^^^ b the agents nn.l servants of your Kobt.Cowie,\\illiamDavi>,and .V''*; ""' 'J''' " .5 ^ - „,iule to prevent the selling of Petitioners, (fuiuided upon ^I'^V/'t \ 'en e V.on" he Gov S, he. of the I'rovinJe of strong li<|Uors to the Indians ^v-thout iccn t » ^ ^^ ^ Portnei faforesnhl ; and although Quebec,). br selling rmdd.trib^^ your Petitioners are ulcom^ ^^ nn.l although it is apparent trading conipaiues having a 1 li, it to "a"''' . , ^^^..,^,,^ of private gain, without that these proceedings are vexation , and '-'"''^ "" |^ -.[^ i" ' {,,, g,eater security in pre- any view to the ■•'t-'^;^;'^^^^" ^££ ot^l^"^ lor the j^ast, 'and venting the vexatious and "'P"^^^''*;. ''■;",, .heir future dealings and intercourse with lawful trade. „ . . ■ .„i i„ ,y„w tlmf vour Excellency will be graciously ^Vhereforc your Petitioners humbly la , t at >«'^^^^^^''^ ,, u-ticularlv to the said pleased to grant »" y«"^l'^''!''""";%;''^ 'S .' j , m .iV ty' f "e 1 anion, for' all ollene.s Robert Cowie William Davis, ami ^'•';A^""^/ ^^; . ' ,t {^^ Sav be found to have accrued to ..f like nature, for the past, (always cxe^pti'^^' *'">'!' ',''''"':■; i.:^„.ileiiev will also be the said George Linton, in t^e I-'fj;^;; -;^ i&^o . v C r ^.ts aiid servants, a graciously pleased to grant the said U ul.on ^JJ^ ^^'^'^ >^ Seigniory of Jlil/e Fuc/ws, within this Province. Mil ipnr PeiilMtcrs shall ever prai/, i^c. ^r. (Si-ned) JAMES M'KEXZIi:, ^Jgeiit fir the Hndsuns Uu'j Ciimpuw/. Quebec, 20th November, 1830. True Copy, (Signed) J. 13. GLEGG, Mt/. Quebec, 22d Nov. 1H3(). Report of J. Stuart, \o. 111. Aitornmj General, on the subject of the precedimj Petition. Quebec, 26lh November, 1S30. Sin, I have been honored with the commands of His Excel ency .;»"1 ^, 1' J rmsmitting acopy of a Petition from the Hudson's Ik.y ^f "I'^'-i^-' IV "^^'^ ,t^, s ^lior I license mily be ^•ante.l to tlu...,, their ii.n.ts and sc.vanj, tod-ti Imt P-^-- ' M);^^^ occupied h) iiH' to state, ill force, tu >|iould be f) In obedi I'Acellency lias evideni HtuNon's 1 jirohihitini np|(licable II snliseipi traders, e> to have a I jilicable tu and neilhi Lkut. Co True Copy of lu Indians, within the Seigniory o f " JJiUc f The ■H ^y, respceifi May it Th Petition King's ] tioner h in Chiel which 1 Tl: same, h meiii, n viahl ol mental no Ion; your P that ut llie Int ilie cat; sketch esiabli! '1' the ab be h'.u Bs ap)) three 1 and tl wiihii' oidins meiit. never divide time t only c of chi) (H-Cll IIU 1 V 10 • 1 !.„ .i.o .■,!,! r.iinnnnv for tlic piirpo«c of tnuli-, wltlilti tlii- rroviiirc ; nnd rofiuiiiiii; '\''''';nto^ ri 'fCffiuVs iMfoilJi.,,., ,vl.etl...H,c.i.nu,.owc.ml l.> iUv laws now r:,£;;!: ul l;;'.,.; U;; nccn.c>a5c.l for. and whetlK-r it is cxpc.licnt .hu: tl.c ..ul prayer ''''^'^'''wC,'.^l;.I^.^ Excellency's comn.an.ls I have pcniMMl the petition ul.ic!:!!!- ,' if't V ms l.e . . c, e^^^^ to me, an.l have the honor to Mate, that this pHm-m ' V .?itv heen r ■ e • . . in con.e,,ue..ce of the opinion entertaine.l bv tj.e agent ot the n r-uL- nil at the prov sions of the I'rovi.icial Onlinanee l7 Ih^o. 111. e, / , ' T.I^i L^ I f^ ■' i'l^^ toln.r,...s, without licen^e, are s.iU in loree an.l ''' r r.. I.>t cmni at.v -Hnt this opinion is erro.ieon.. The provisions relerre.l to, hv ':''lnlsl^ e t S^^ (:il,(K.o.lll. c.l,) have been npeale.l, as to a .„,! 1 vce ,tl ho'e a lixe.l residence, in a settled pi.rtuf the Province, who are re.p.ired ^,tu\J"^^r keeping a honse of ,.d,lic enterlaimnent. Thev "n. • -r^h^' .ruM.;; i .U t ' he .lealings of the Undson's Hav Coinpany, in th.'.r s<..«.>.ory ot MnUl ..c/.u, ,,,1 neither the par.lun, i.or the license applied lor, is necessary. I have the lienor to be, Sir, Your most obedient hiimblo Servant, (Signed) Livid. Col. dlrgg, Sccretari/, ffc. Trnc Copy, J- STUART. J. STUART, /Itli/. Gad. No. IV. Copy of the Petition o/ William Lampson, to His Excellency the Governor in Clncf. To His r:xc..llcncy Matthew Lord Aylmor, Knight Commander of the ^' '-'"';'.""'• aieMihiary Order of the Hatl., Lie.Uonant (Jeneral and Comam.uier ol M.H mLiv' Forces in llie Province of Lower Canada, nnd Upper Cuoiula, Nova Sl.u! Aew Bninswick, and .heir nevcnrl Dependencies, and Achn.n.tiator of iliu (ioven.mcnl of the said Province ot Lower Canada, &c. &c. &c. Tlie humble Petition of William Lampson, LVqaire, of the City of Quebec, Merchant, respectfully sheweth, ^^'"^5^S^^ ' r^ ^^eSent of this lea.e, and ever .nee your Pe^ t o- l.as leW same, he has, on n,any occasions, and by various "'-"«';'- V/^chT^Uchtl^xSve n,.nt: lyul peaceable ,>--sion d tl- -' ;^--" - - " o^ s cl inll^'S-n is so detri- vighl of trading wuh the Indians. *J';f',';.^\' ''/;,, i^;,' ^, s.b-lcssee thereof, thai he cnu mental to the King's Posts, and injurious to you. I <^"""^;^ '^^^ ' ... ^..-.^^v's Government ; no longer forbear luinging the matter ""^^ [^^^'^ '' ^^ ^ '^S/ cc^nected with your Petitioner indulging a hope, that he down, wuose lie ~ ../elusive trade willi hat of the lessee of the King's Posts, vv.ll support aiu 1 '^ '' " J'^'^^J . easily ..understand ,he Indians, according to his lease. To enable >'7;j ^ ^"^ ^'j^, ] .« o r C c^e Her cy, a short ,he ca.e, vour IVni.ioner begs leave most respccliuU) '" ''J ''\^ ^ e .Voai the very fn^t sketch or account of the King's domain lands, as a , ost ot exclusive iia.k, establishment. inreu itiii'ias 111 11"'", "■■ '■"- - .. - „,,iiu,l Milr Vnrlics (a iSav 01 inai naiiii-- nnd the'-great and little Uergeronnes at the \^\-^'^''^'^^^^^^^^^^ i, \^ usual and within the King's Posts) on relerence to the giant, U w H '^';'^'^";'^'^t- „„,icuUural settle- ordinary gram made in ,he Colony, before the ^""f f/' '^';' 'f„>'^'; \°; "f .ml ne, and having ment. 'lliis tract of land, however, was never ^«' >" , J^ ,'t nt, a d no boundaries set, t^ never been surveyed by order of (Jovernme. t, "^'^^/J, '',.,^/", ;^' i a.eir lessees have, from divide it from thJ domain lands, the proprietors "fj{(' f,,f '''';\ ^Xm n lands, and haie not time to time, as it suited their convenience, encoace^i^^^i^p^^^^ ^^^^ ^,^^ onlv extended the front of that is/'t:"'"' T,)" y'^^'^J';' ? Le^n a Uiver called Ponneuf, Ca.v urchan"in.r ihe scite or front of Milk Vuches, so as to take in a Ui\er Thai owi..« I.. ll.« vrunl of ...e^.'^ • " ' „S i . I »/''/f Kri.V. s ...i.l.nK K«r/„ ,v, .Inch Ijavc eve. M «•; -- ' „^ ' „1" ,; ZV^'^nd".. ,ul,ui.* s., lo p.e^eni 1 LW/cr Ciovornuiint;iiH't 10 J. viuuw.i, ..■.---■-.■■-•■■ " „(,./!, t to \iuvn been doiiu in llic undeilhe ( J real Seal, «. y""^ ^ '-'''''"r'* "^^^ '; /'i^^^ .!>.• Ua.o instance. Ilovv.vcr, lor Home »'"«'" \"^ ' u-ml\ t bcmu uy /' ■»..,. P.ilenl ".uk-r .lie f i.eal excelled ill favor ollhe '">' J">\".V'lt ^'m^^^ -o pledge iho fa.ll. n.ul l.o.ior Srnl, is n .i.npio No.anal Ac. - ''^'' » ^ '^' ^ ^ ^^ o^^ Lu 'auih.i.iicMy or valuli.v an W0..KI ens.iiL. siKcess to your ' *••''!'' ',^V.,|,Hr ''l>t^ "^ '!'« l*^""''^' "'' '''" ^'"""'• pur.on., Nvho iniylii molc.t In... o- ml do m J'^^" ;,7^,.^ i.,,,,.^ ,:,„aia wiiUoMi d.lay It IH, theidoio, a nmM.r o monie ^„'," V ! " ^^Uu lonn .f l-in lea.-, on ili. «amo Le»r L('<<( iMijoining and lor .uuiiiii,^ un 1'^','''^.,V •:,,,•,.,,, „, ,l,e KinV* I'osts ; siidi n I'.m-lanmiioii ;:idi;;;c'(.!."rn;;:"^:nd.ft jq. .h., ii..ou.c. i,u.Adndn.u.aioroi ,,etwecntlK...vant.o,l.oK.s.c .u^tl.^^ ,„. ,,,,.„,, „ a. old ;r i^S^riMir::.;;;;, i^t^^ ^vuici. ..o ... a .,.. to cxp..., and picsct . rcenrriMice of ex, *-i's nvIik h l^ivc' ;;!; j' ,'|"';..^,.^., ,,,„iv to brlni; under tl.o notice of von r That tl.e sul.je. ul.ie. yon »'"'""' ^^^ .;.,„/ of the Crown, and Nvorthy _ot the Excellency is one olva-t inipotn ^J^ ^^:^%,,^^^^^,A \.y the llnd.o.rs 15ay most serious consideration. An uiuon nas i.uiiy ^ ^ ^^ <:,„„„v,l aii-ainst vour of the Kings I'osts is, hound to proN^de, c " o o u be .X_^^^^^^^^ Pctitwner /s' s,> n'sllj/cn ' led to . . . .^. ^^.j.; j,,. pU-ased to take Wherefore your Peutioner humbly ''•'?';,>;..',,,,.,. . ,{,a ,;..reupou yrantyoue the |.reimsesinvourimm.'diatuandmostsei.oii=conM.<.. I'etiviuner the relief prayed lor. J„d «s in duty hound }jour Petitioner rciH ever rmj/. ^^.^^^^^,^ ^^.^, LA.Ml'SOX. Quebec, "2 1st December, 1830. Iliii (io\ plei pur True Copy J, r,. GLCGC, Serj/. Injiiiuiiit III ;lulivt> liKllt (lie dumuiii hi 4, ii'fiiiliiii; its of j^/'/'f nu iii!>l''» It t, 10 pievelil cc or utiivr by ilio laiu eicrs Pulvli'. II, lliu leilHU Iff lliu (irent lU nml liDiioi- jf vululiiy l>H niruinst ilii'co I. < ^ilhoiii il.luy oil iliL' Hiimo I ilii:* giilijt'tt (lii'uctiiiiii. f yolll' l'2xi'i'l ■ 1,0 tuKl'ft till! issue, strictly Willie's I'osis I'l'Dciumutiuii iniui>ti'iiior of iniiiiii LikiiilK, iive at varioiH itiil to aflbrtl 111(1 iii-fvciit a iiaticc of youf Horlliy of tliL- Ihiilsoirn l!ay I, a^ain>t your t, (llie i-ite ill ilS IcSSl'f of till- f I'l'titioiiL'i' is ,iiiiil»ly fi"' tl'« : said iu'lioii. II ill tliis parti- II irilliDitl title, iiiccccd iu tlic tablisliiiu'iit oil IS of the Kint,'V 1 the Iiuliaiis of liiy of prt'vfiit- is impossiblu at ! His Majesty's lioiii tlu'V lessff Di'iliirc coiisitU- lliiit the Ifddiiiii It ndroKiliiiii im iiwiicrs of MiUc re cMtshh'rutiuii, jiiitkc, «-v your (• plcasuil to take uiioii i^raiit yuai LA.MPSOX. -^ly 91 No. V. Sketch of the Kinij'n Pontn. No. VI. Letter from Lieut. Col.Glzoo, Smdanj, io J. SX..U.J K-,."- -"'»'»'» «"'""'• •' dated 'iQlh December, \M(). [For r this Letter, vide No. V, in the preceding correspondence.] 22 No. XII. Letter from J. Stuakt, E.,r. Attorney General to U^. Col. Glego. Secretary, S i 23 No. XVIII. Letter from Lieut. Col. Glegg, Seaj. 8fc. to J. Stuart, Esq. Attorney General, and also to Geo. Vanfelson, Esq. Advocate General, dated \2th February, 1831. [For this Letter, addressed to these OfScers, separately, vide No. XIV. in the preceding correspondence.] No. XIX. Letter from T4eut. Col. Glegg, Secy. Sjc. to J. Stuart, Esquire, Attorney General, dated I2th February , 1831. [For this Letter, vide No. XIX. in tlie preceding correspondence.] No. XX. Letter from Lieut. Col. Glegg, Secretary, Sjc. to G. Vanfelson, Esq. Advocate Genl. Castle St. Lewis, Quebec, 12ih February, 1831. Sin, I am commanded by His Excellency the Governor in Chief to transmit you the enclosed copy of a letter which I have this day addressed to the Attorney General by His Excellency's order, relative to the due prosecution of the suit en homage of the Seigniory of Millc Vaches, for your information and guidance. I have the honor to be. Sir, Your most obedient liumble servant, (Signed) J. B. GLEGG, Secy. Geo. Vanfelson, Esqr. Advocate General. True Copy, J. B. GLEGG, Secy. No. XXI. Letter from .1. Stuart, Esqr. Attorney General, to Lieut. Col. Glegg, Sectretary, S^c. dated I4th February , 1 83 1 . [For this Letter, vide No. XXI. in the preceding correspondence.] No. XXII. Letter from J. Stuart, Esquire, Attorney General, to Lieut. Col. Glegg, Secy. Sfc. dated I4th February, 1831. [For this Letter, vide No. XXII. in the preceding correspondence.] No. XXIII. Letter from Lieut. Col. Glegg, Secretarif, .V- to J. Stuart, Esq. Attorney General, •' dated VothFebruar]i,\Sm. [For this Letter, vide No. XXIII. in the preceding correspondence.] 24 No. XXIV. Castle St. Lewis, Quebec, 15th Feby. 1831. Sir, 1 «f HU Vvcellencv the Governor in Cliief, Incompliance with the commands of H^E^^^^ y^^^^„ General, and ,ewith a letter of yesterday * '»5?J, r^,^,*;:,^ ;, !°' nforniation, with your reasons ansmit herewith a letter of yf terday's date reee.vea jo. ... .^ ^.^^ E,:rsSSS™:i-";'i-'Su.'6.Mns,.«.. I have the honor to be, Sir, Vour most obedient humble servant, (Signed) .1. B. GLEGG, Secy. Geo. Vanfdson, Esqr. Advocate Genentl. True Copy, J- B. GLEGG, Secy. XXV. Quebec, 19th Feby. 1831. '" Inanswertothelet.rwithwl^Iw.h.;-iontl.l^^ i„g me to report, for His Excellency s '"f"""'^'^ '^,^ ^'Vith the instructions f "ch we.^ with the Attorney General in a joint i^"'/' * f.^'^°nt_i bave the honor to state, foi Hh. leave to transmit you herewith, a copy of a letter by mt vj't " ^^ ^^ ^,^^ ^^^^^^, ;„ , ,t,o„. 1 have the honor to be, Sir. Your veryobedt. humble servant, (Signed) G. VANFELSON, Adv. Genl. P. S.-The letter of the Attorney General sent me, 1 herewith enclose. (Signed) G.V. F. Lieut. Cul. Glcgg, Civil Secretary. 4 1 «;Tii\ur Etitir. referred to in the (INCLOSURE.) Quebec, 12th Feby. IKU. ?en/. Chief, , iind .'iisons wbicU 25 7tl. ultimo, wl.en it was settled theC S^'r mt ^^z;// F / ""'T "'''I ^''"' "" "'^■ and tliat we should ascertain wl, w^,.1^h ^'^•"" "* f'^''''^ V'^'"-* was the title required, procure,! a,„l sent ySvVy^^^^^^^^^ that Seigniory ; the 'title 1 list on the 12th of ti.e sm^n on^ m M„V thi^ °( "'^ IM-oprietors I furnished yon a to he appointed to the n o." RtrDuntf f th i.'?'",?'' '°,'"-' ''""'' ^'" !" ^"""^'^ " *"'"'• n.ent) and to cause a curator fo^fc'a.fpoi'l.tei'; ''the X i^tee!'" ""' "'""'^ "'''^ "''""""- No n oceXi^''^?.''"-''^'!'' ""'" "I'l'"""""^^'"^ ••eqi'i'vd hut little time an.l lahour very tt':i^::^^^^^;;;:r . ;h^:;n:;.:r:=;':K^^ r"-? 'y ^""' --'' ^'- ecy. 8fc. )mmaiid- incurrint; lich were , for His y officiaV !nt, 1 beg ;ralon the ()uestion, ssigned to ly, will 1 the delay, ce to your ON, Getii. .V.F. I in the ih;m. this date on [)anied withii coiif'"" '" '- • ;^,V'- f , ' """-" ""^ i'io('iieiorsare taken, I dee'm it right Z n^^u^^^^^^t.^^ "TT "^•""^ ^"""'^ ^>' -•"" as I have sent in my own this morning " '" ''*•''""-" *'='""S >»"'' '•q'"". 1 herewith retiuMi the rciiort with the three conli's of ]ptt,.,-^ ..,.„ and would still strongly recoLnend the con."e:Sed\;;;oS^n:i[;rXffivS "'"^' 1 have the honor to be, Sir, Your most obedt. humble servant, Honhle. James Stuart, Attorney General. (Signed) GEORGE VANFELSON. No. XXVI. Letter from J. Stuart, ^^'I'/ltorn., General, to Lieut. Col. Glegg, Sectary, i,. dated Idth February, \8^\. "' ^ [For thi. Letter, vide No. XXV. i„ the preceding correspondence.] No. XXVII. Letter from Geo. Vanfelson, Esq. Advocate General, toLieut. Col. Glegg, Secy. S^c. Quebec, 19th February, 18:;i. Sir, .2th instant, acci.;:;::.!;^:;^;!;!*:!;!;':/^'?::^^^!:^;'^ 'r ^"i^?' i;^"'-'- -^"-^ Milk Fach.s, together with a coin-ofaProcTverV^^ "^"'^' '"'■'»"'"'■>• ^"' action directs to he brought aga nst hem be "tonned „r H V '^'""''^^^^ ^'?''"^ """ '''^' the Crown, which Petition and /wVv f";^'//. re ' v W e ?'""'^' "' " ''^' ''"''' ''-^ such observations thereon as I n,av i k ge nel'a -y to^^^^i e Hi'-'p "^,''''"^ "'"' ''^'• iii Chief, in any further iH'ueeedings'in the "usine'? ^ Ii-xeellency the Governor rations f„r the in.brmatiou and g, danc J^' H s "^ce lencv' 7> '""" /" ''!'"'"? '">' "''^-- the Kin.r-s Posts, an.l therefore that it be" o L's o f absoh r.w /^ "^ '"•'"''■' " '■™"' sta.,ees, .hat proper metes and bo.uulm'es sbo.lr t i . n^ " ' ""'■''' ''^f'"Smm- which havelatelvtakenplacebetwce .Hess" of I K^ "." '''" '« ''l'^ 'liffieulties people, (lessees of MtteVac^e., the ..Jacc^uXl:^^;;^;^^^ •it) l„e,, it be iiscorlniiicJ ""' " =^ll',eici.t time it i. beggiiiS *» n'«™ .;''"'„„ „ 1« It i> statLd 111 ims _.,„_.,.„,-,.iimvinirflescnption, town, ii^^ ^^ „,.a„,lps et petites sur le (lit ''''"Vt"\^"statc(l in"this Petition tluit tt.e S'-''>'""'';y,^;""';it: .if roislieues de front, sur " !i^fl--S^_»-"'-^!;'l,^£'^:ci^avecc,.at,. li-- Jenant .;,;t du cOte du novd. '*"^''=-"^^^^^!^^ leuVs tenant ,,ardevant » bVi-Keionnes'au lieu «lit ^^Z/fc l>«cA«, avecjl' » '.^ ' The King's Posts.) - '^ - ••■-..- cOtc^s aux ^'^^^^-Zr:;^^'^-' and tl.e true point to fleuvc et (les autri '"'■'S'U-yVos.ib.c.t.en.ion^^^^^^^ -"■''■ i^:"":"':;i :ft it m.,.eurs one boundary - y -- ^^ ^1 in^ was ever drawn, ••'-;""'"?tl.e tail d |)t o ^^^^ ^ I Procesyfr ^^^^.^ iv near uie i»iv>-. -^ ■.,.„,. ,„ptes or buumUiries sti ai u.c y..y.^...-j ...nninir tl.e full .leptb of UuU Seigniory or »»y ° f '" f,*,* *p,„,,, FerftaZ itselt, it ,s only a partial "^o'"' a*^ "" , ,„..veyor did not know at the time w . „ i,„on B.u even taking U t'« " •' . .j^.,sel, as pieiendod in IW.-J, aie sii ^j^^ before now (I (C unnoticed, bad taken pa" jjjig^^^^^ .„ n„,„ he laid claim equally true, ^''^ '"^i;"' \;„\X "X/ ow piuduced of 1*^75, >t was not xb.b led J ^^^^^ <,f 1053, bill as to tlic »';; "\^,,i iiuu documcu been shown '° 7^'J'Auorney General, Goudieallbe V'"'''")'" , \ 'la " "'•" '^ ^1-1.1 have had upon ^"^ '""- ^ ,•,,{ (Lord Dal- alieied my opi.uon. /\ .\?, 7^',,; ,, say.-As ,0 what the Gover"Oi " >^"^^^^i^ .^^^ („ow Mr. Ju.iice IJ'".'\'^1'«( / .heZuer al the lime, " upon t»'« P f ""'°"u° i to require a L.Hic) rnay bavea-.W Y^e in ^^ ^„, \^-;; .^^^Senl" Is m.Uer of tact :: ^i:ie;;''^c;ftlie^;^l'-.ors enjoyed It uiid. one ahead y m ex. -) , who latter i, evil ent, a future at the action oceeil- •y and iiiciple to one ■t utter n, is a jranted int, sur ; pelites r le tlit ^ certain, mrveyed in which opinion, mrnuge ; grounds >nclusive law, that ;st of the , any title rveyor. or perfect )f liuie de ;r drawn, extremity t is only a lOin sera," 2 depth of iiy opinion 'aches was inquest, of sseilion. — eqaired, to ce, and to ■s, fi'oin the^ xiiemily of •,v was never r. Lampson, Government lessees of ilie iiers of that scoiints also, :roachinenls, uwn, and by ho laid claim i-ably to Mr. ii ; and it is Millc Caches, biied by Mr. )uld not have )iney General, ef (Lord Dal- of sucli titles, tst to require a I matter of fact -»> 27 which had never before come to my knowI«l«« h r which accompanies it. .o^^u:^' theTn^.T;;':!^";: T' ,'" i''^ P^""°"' «' '" "- document this subject, to be recalled ; on the cor,„ " "l ^ Attorney Genera] and myse f on proper metes and boundaries should be °e"wT,l, '?.T''«'; °f Justice to both p«S tha^ 1 Ins Report humbly submitt.d, I have the honor to be, Sir, Your very obedient and humble Servant, True Copy, J. «. GLI^ QG, Secj,. (Signed; G. VANFELSON, jildvt. General. No. XXVIII. [For this Report, vide fin \m\t • .i I h No, XXV. .„ the preceding correspondence.] No. XXIX. gj^ Quebec, ]9th February, 18:31. General and mjsdf.ty'l^l^'officia/^eur'K^ ^'^""««'» '« the Attorney General and myself, jointly to renor weliv .h I • *^""' '"*'«"»' '•^quiring the A torncv ^^^ih^s^tii-i^-hiiiS"^^^^ signature that he had on the « "f^, " f """j^'y «''"e''«.''« >eport of this day s , netl- ne.xt. I have ha.l no comm.n.iS io \Sv'^ "m •?^''»" '•'-'burnable on thu2dofLw ■eceipt of his official report of tin' date n,'^^', "'•'"' '""'' "» ^''^ subject, previous to the or consulted in the case by h. si re in '"'*' If ""-^ '"»'"»='■' "'• way, been spoken to steps taken by the Attor'ne^ G ne a 1"'^ ^P^rt of Satunlay last.-VVhetLr, tl" Se't .J the instructions of His Excellency -issf'! • " ""),'.'^'"' """ ^"='' «« to ^ive due effect o of the 2.)th December last, is ore thaull'''/""'; "'">'-■'"' ^''''' '" ^'"-' Attor. iy Gene a| •'"'"^'^g.yenmeanoppoAunityof^^^^^^^^^^^^ "" ''V ^'"'' '^""'•"'7 GenemI not taken ,„ the matter in question; "'■'"'^*'"'^' '"' my^^^l^ as to the steps he states to have been I Iiave the honor to be, Sir. Vour very obedient humble Servant, Zieut. Col. Gl,.gg, Chil Secretary, fy,. True Co|,y, J. b. CLEGG, Secj,. (Signed) G. VANFELSON, --/(//'. C'eiieraf. 28 No XXX. UU. fron G. Vanke.son. Es,r. Advocate General to Lt. Col. G.kco. 8e.j. ^c. Quebec, 2Ct\i February, 1831. General and .nyself.by your "JJ^-^* ^ Sg'nntg S Sufunlay' the\welfh i..stant Meekly, that is to say, on every ,^*' " ''"y' °^,S' ';";,^ business ol the suit " m bormge" of .vhether any and what progress ha bee ™'»^^« ^l' ^J? P' ,,tter, of the 29.h Decen.ber Inst, theSeignioryof ''3/.7ferac/i«, a. e^^^^^^^^^^ the u.nor to report, for His Lordship'. t., be instituted on the part of tl c C/^" vn , J '"^^^^^^^ . „ \,i,y „t the offices ot the inforumtion, that, since Saturday l»f ''•^',"f'"J^ X Attorney General sued out Process I'rothonotary and Sheriff, 1 find, on telbthusta^^^^^^^^^^ ^,^^ ^^.^^,,^, ^^-^ , oftl.e Court, against the co.propr.em.on^/«//eK«tft.. ^^.^^.^ ^^^^^ ^^,. ^,,^ next, whichProcesshasbeenplace(l,asit.susuai in I .^^ ,,„cstiou will be hereof on the Defendants.-^(o^y, '"'fj-y ^^J^ whkh 1 p e'u ne will not arise in the ease, legally served on the Defendants '«_^^^»f ^^^^^"/;;7 ...J^crstanding between the Attorney from this circumstance, that 1 "PP'fJ.^ ''^''^^.^; ^ a on behalf of the proprietors, that - "S;rthepresent, .. f^"^- :STl^^t^^:^^^XS^^' SliSnSaaSJ -;'-=;untilthen. except 1 receive His com- """"™s;:i;t is submitted by myself, without the participation of the Attorney General, he being abseil from the district on public business. This report humbly submitted. 1 have the honor to be. Sir. Your veryobedt. humble sei-vant, (Signed) G. VANFELSON, Adv. Gail. Lieut. Col. Glegg, Civil Secretary. Ti-ue Copy, J- B. GLEGG, Sety. . n:i¥ '\*- V SiC. iiey urt, ant» "of Inst, ii|)'9 [' the ICCSS Lpi'il •vice I be I'use, riH'V tlm't !rvcd ! the ihttll. coin- itral,. -t i ¥- I