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THE MEMORIAL ■^• ... .4*> OF '.r JOrtN £E BRETON. «i 'TO THE ^IGHT HONORABLE ,..>.-.''' ,•■..'.'..■ ... .. ■ THE LORDS COMMISSIONERS HIS MAJESTY'S TREASURY. 'T. !t i.-> May it please Your Lordships, Your Memorialist John Le Breton, late Captun in His Majestjr's 60th or Rifle Regiment, prays to lay before Your Lordships a statement of com- plaints and grievances of which hitherto as will appear to Your Lordship! < the e£Eicient authorities have not thought proper to take cognizance, and to which the ordinary tribunals of Justice are not open. In the year 1818 your Memorialist with others of His Majesty's sub- jects settled on, and in the neighbourhood of the Ottawa River, near th« Falls of the Chaudiere; To the improvement of which part of this Province, His Majesty's Ministry under Lord Liverpool, at the recommendation of His Grace the Duke of Wellington directed their attention. In the year 1820 His Excellency the Earl of Dalhousie was appointed Governor General, and it is to the measures of that ^^obleman that your Memorialist would mora especially refer Your Lordships as being the radicle of his disappointments and reverses. The space whereon Bytown now stands, the operations com- menced J Previous to which, your Memorialist at a public sale under the Sheriff" became the purchaser of a tract of ground of about 400 acres (Lot No. 40, Concession A. in the Township of Nepean,) adjoining the said space of about 150 acres (Bytown) purchased by order of Lord Dalhousie then Governor in Chief of a Mr. Fraser for £750. Soon after your Memo' rialist became the purchaser, he received a notification from the Superinten- dant of Settlers its being the wish of the Governor to purchase of him your Memorialist the land in question.* He your MeAorialist repaired forthwith to Quebec, was received by His Excellency who treated with ri- dicule and contempt your Memorialist's offer of the land for ^62000, and in an official letter dated Quebec, 9th May, 1827,f which his Excellency is pleased to say he writes for the purpose of publishing (or recording) his y'levrs of the subject. He states iu the first place " that your Memorialist " had been guilty of a breach of confidence in availing himself of the con- •• versation which passed at his table." Secondly, "That it was not becoming *• a British Officer to catch at such a speculation." Thirdly, " That the dif- " ference from £400 to ^63,000 or even ^2,000 before he himself had paid " his price was an indecent and shameful imposition." It was your Memorialist bounden duly, not only as an Officer but as a Gentleman to acquit himself of and confute so unjustifiable a libel. At the table were (as His Excellency in his record states,) as many gen- tlemen Civil and Military as could be accommodated, the room was small, the table proportionally so. Your Memorialist thinks the number did not exceed twelve, namely. His Excellency and staff, your Memorialist, two o- thers who went to England, and the remainder still in the Province. To each of whom your memorialist addressed a letter,J no two of the gentle- men to whom the circular was addressed could by any connivance have a- greed as to a reply, because each was unacquainted with what the other had received, or acknowledged; to this circular from motives which your memorialist does not presume to surmise, one gentleman did not reply — the answers are humbly submitted.^ Yet His Excellency treats them as though they had been the fruit of a combination, subversive of His Excellency's consistency and veracity, your memorialist especially entreats Yoxur Lord- ships consideration to the merits of His Excellency's charge ; your memo- rialists receipt, and refutation of it. Major Burke to whom his Lordship is pleased to say he addressed his instructions,^was not at the dinner, this is well known to every gentleman to whom your memorialists circular was handed ; but with the exception of Mr. .Tames Read, it does not appear that either of them have commented on so important a feature of His Excellen- cy's record. Major Burke himself ;"n his reply states that he has no recollec- tion of the circumstance alluded to; the truth is, (which Major Burke will cor roborate,) the said Major Burke entered the room soraetirao after dinner & was directed by His Excellency to take a seat, and having taken one glass of wine, he respectfully stated that official business compelled him to with- *See Appendix, Letter No. 2. f Letter No. 4. ^ A ppcndix, Letter No, 7. § Appendix, LeUcri No. 6, 9, 10, n. repaired with ri- I, and in lency is ing) his norialist the con- ecoming the dif- had paid but as a any gen- 'as small, ' did not t, two 0- nce. To le gentle- } have a- )ther had ich jour ply — the s though ellency's ur Lord- memo- jordship this is tlar was par that Ixcellen. lecollec- rke will ' dinner le glass lo with- draw and he did so. Your memorialist humbly submits how it can be cre(li< ted that such a conversation could have been carried on between His Excel- lency and that Officer coming from such a high source, and not be heaTd by any one of the six gentlemen at table. You* memorialist may venture tb say seven, since as has been already observed the seventh gentleman made no reply at all, and it is reasonable to suppose tlmt could the reply have been by the gentleman made subservient to the views of His Excellency it would have been so framed. His Excellency goes on in his record to justify the measures he had pursued, ruinous to the private character of your memorialist as an Officer, and to his commercial credit as a Man. And which sufferings as regards the latter he views as irretrievable, should this appeal to Your Lordships Tribunal be an ineffectual as has those he has submitted to the authorities here. Repeated offers from enterprising capitalists residents of Montreal and Quebec, and other parts of the Province, were made for plots of your memo* rialists land, but every such negotiation proved invariably abortive from the well known hostility to your humble memorialist, that Nobleman availing himself of every opportunity of depreciating in public estimation your me- morialist's character and property, verbally and written, private and official. In confirmation of this your memorialist's assertion he humbly submits His Lordships own record, wherein he states his belief, that your memori" alist's purchase is not legal, " his title altogether bad and the sale an illegal '* transaction," and that he has and will support the family of Firth at his own private costs against the ill treatment, (ejectment then in process,) o( the illegal proprietor. , Up to the termination of His Excellency's the Earl of Dalhousie's Go- vernment in these Provinces was the same persecution continued with re- lentless severity against your memorialist. — A British Officer whose attach* ment to his Country and its Government, could be attested by the most eminent men that have been in authority in these Provinces ; but he need not remark to Your Lordships how difficult is the task for an humble indi- vidual to obtain the countenance and support of men of Hank if unhappily he feels himself fallen under the displeasure of the " highest authority.'' His" fears from His Excellency's avowed enmity and presumed power — not his inclination or his wants, compelled him to resort to the painful alternative of disposing of his half pay. He submits to Your Lord> ships consideration the accompanying testimonials* of the confidence and respect entertained for him while an Officer in His Majesty's Service, but is restrained by feelings which Your Lordships know how to appreciate in a Soldier from enumerating wounds and the peculiar hardships which the features of war have subjected him to. • See Enclosures, Appendix, page 7 &• 8. 6 Lieutenant Col. By continued to pursue the same course of policy to. wards your memorialist as His Excellency had done. Inheriting from His Excellency as your memorialist has every reason to believe, the same views as well as the same enmity as his Superior Officer, (His Excellency,) had im- bibed, for in the year 1827, seven years after he had become proprietor of the land adjoining that purchased by Government, he your memorialist a**- dressed Col. By to the following effect;— Sir, A quantity of Timber of various descriptions having been taken off from my land and appropriated to the public works under jour direction, and be- ing unwilling in any manner to obstruct the public works, I beg to be in- formed if said timber has been taken by your sanction, and if so, on what principle. I have the honor to be &c. &o. &c. J. LE BRETON. On His Majesty's Service. To Lieut. Col. By, Royal Engineers, Commanding Rideau CauaJ. To this address he could obtain no written answer, but was told by Col. By that he did not sanction the depredation alluded to, nor would he be guil- ty of so ungentlemanly an act. The depredation however continued, and your memorialist again applied to Col. By, when he replied that he was au- thorized by the Provincial Act, (the Rideau Canal Act,) to take whatever timber might be required tor the Canal. Your memorialist remarked that the timber that had been taken and was still taking, was for pur- poses foreign to the Canal. Your memorialist would beg to observe, that these trespasses on his property to his loss and disadvantage, were no benefit to Government, as the trespassers were contractors under contract to fur- nish the timber themselves, and at such liberal compensation as they receiv- ed were fully capable of paying for such timber, it being well known that by their contracts they have realized from ^£20,000 to ^40,000 each. Your memorialist states this for the purpose of showing that the protection affor- ded these contractors was rather a part of the persecution continued towards him, than any desire to benefit the Public Treasury.] This Act on the part of Col. By was the more aggravating as in his pre- sence he admitted the interference without reproof, of a menial in his office to say, « we'll take your timber wherever we can find it and not ask your "liberty." lolicy to< from His mo views ,) had im- prietor of rialist a**- n off from D, and be- to be in- on what roN. id by Col. le be guil- nued, and was au- whatever remarked for puj.. erve, that no benefit ict to fur- ly receiv- lown that h. Your ion affor- i towards his pre- his ofEce ask your The next grievance that your memorialist begs to lay before your Lord- fhips, is this : — On his land was a valuable Mill-site, from which Jot* the pur- pose, as was alleged, of forming a Timber Channel for the convetiien66 of the Timber Traders, the water was turned and the site entirely destroyed.— Your Memorialist on this occasion addressed the Administrator in Chi6f, Sir James Kempt.* This Address to His Excellency the Administrator of the Government was referred to Lieutenant Colonel By, to report on, who stated that your Memorialist could build a Dam below the previous Mill-site. It is true, but fo be told this by the Officer who did it, au EBfr'neer too, who had turned the course of the water from any and emery I>fm, build it where he would; is an injury so insulting that yOut memorialist can only remark that he who inflicted tho injury will not be considered by your Lordships as a Jit and proper person to award the reparation for it. About the same time a negociation was carrying on between your memorialist and some Merchants at Montreal, for the purpose of making a small channel thrpugh apart of yourmeraorialist's land, on surveying which it wa* found thatit could not be effected unless by a trespass on a small tract of about 30 acres belonging to Government, but your Lordships cannot but be aware that this undertaking would have been imprudent in the extreme, unless the authorities hero would give your Memorialist a grant of the land he should so trespass on. An application was made to Col. By, to ascertain whether any Government operation was likely to interfere with or prevent the desired water course from being made. To which application in his reply he is not aware of any objection thereto. Your Memorialist then applied to the Lieutenant Governor Sir John Collorne, for permission to effect the same, who stated that it should receive consideration. It being now two years since the fore- going reply was made, your Memorialist deems it prudent to lay before your Lordships the various Official aggressions made upon his property in the Province. He has applied to the local authorities to have his claims deter* mined by reference or arbitration after the mode most usual, that of nomina- ting arbitrators on the part of Government and on his own. He is referred to Courts of Law for redress, after the Court of King's Bench has decided that his claim is not within its jurisdiction j he has offered to submit and *to abide by the decision of Engineer Officers in His Majesty's Service,! with- out any reference to arbitrators on his parr, and he is told by His Majesty's Representative that a Jury will determine them under the Act called the Bideau Canal Act, an Act that is well known to be decided by the Court of King's Bench to embrace such questions only as affect the Canal itself, under the provisions of which Act this claim cannot be preferred. Your Memori- alist has applied to many of His Majesty's Officers and to Gentlemen of pro« perty and respectability well acquainted with this part of the Province and *Ses Appendix, htt. No. 15. tLet. No. 16&17. a with the transactions on which hel'oels that he has so much ground for com plaint, to estimate the losses he has sustained, viz : — From the stigma inflic- ted on his character by the Earl of Dalhousie ; from the inability to dispose of, or let on leaso any part of his land arising from the publication of His Excellency's opinion, that his title was not good ; from the depredation committed on his timber as sanctioned by Col. By : from changing the course of the stream from his Mill Site, on which he would have been jus- tifiable in setting a value that would appear incralible ; from the support gratuitously afforded to Firth to resist the Laws as constitutionally framed ; from building on his own private road and cutting up his lots as ad- vertised for sale by running public roads diagonally across them ; and lastly, referring his memorials for reports from time to time to that quarter from which has sprung his grievances & disappointments : but it no sooner arrives that a gentleman has made something of an estimate of your Memorialist's L ' ' , than he feels a delicacy or incompetence to dwell upon them that compels him to recede from the taslc. Your Memorialist having now submitted to Your Lordships the foregoing details, assures Your Lordships that he has taken every step within his pow- er to obtain redress in this country; (He has expressly travelled, at a great expense, four times to Quebec and twice to York, a distance, going and co- ming, of three tWusand six hundred miles ;) rests in perfect confidence that his case will be deemed deserving of consideration, and that an investigation Into the merits of his Memorial, wdll be ordered by Your Lordships, when, whatever may be the mode adopted, he your Memorialist, is confident that the award will be such as shall prove not only to his friends, but to those who have been inimical to him, that his claims have been founded ou TRUTH and JUSTICE. Your Memorialist respectfully takes leaye, an^ as in duty bound will ever ,pray. 2dth January, 1832. •^'•^ APPENDIX. [No. 1.] f'ovY of a LKTTriR sent to Major Burkk immcdlatoly on my return from Brockvillc, after piu-chasiuji; the Lot of Land conimouly known by the name of the Ricluuond Landing. Sir, Britannia, 18th Decr. 1820. Havingf recently purchased the Lot No. 40 in the first concession of the Township of Nepean, tojjether with the b?;oken front, commonly known by the name of the Kichuiond Landing-, I take the earliest oppor- tunity of apprisinff you thereof. The (Jovotiinment Store built thereon • boinjr under your care, I beg to know if said Store will still be required for Oovernmcnt use, and if not, that I may bo put in possession of the keys without any mutilation or alteration of the bnilding, f Either thut, or some other buildin<|r at the said Landingf will always be ready for the use of Government when rec^uircd. I have the honor to be Sir, Oeorge T. Burke, Esq. Your Most Obedient Humble Servant, J, LE BRETON. [No. 2.] Sir, Richmond, 17th Janv. 1821. I have the honor to acquaint you that your Letter of the 18th nit. lias been submitted by the Deputy Quarter Master General to the Com- mander of the Forces, and I am directed to sijjnify to you tnat His Lordship considers the Broken Front, No. 40, Concession A.,*Tnvvnship of Nepean described as tjie Richmond Landing-, a situation of which the Public sei vice requires the use, and he wishes to be informed at what price you would cede it to the Government. * 'Ihe above Store was merely a tempornry log building of 25 feet long for the ac- comodation of landing the stores, &c. of a division of the 99th Regi. who settled in the neiglibourhoud. I had at same time built a similar one for my own use. J. L. B. f The buildmg was not employed for Government use after the settling of the De- tachment of 99ih llegt. At the time of wriring iheab ove letter it was occupitd by an intlividuiU who bad vtry muchmuliluied it. J. L. D. In further explanation I beg to transmit herewith an extract from the communication which I have had from the Deputy Quarter Master General's Office on the subject, and have the honor to be Sir, Your very Obedient Servant, (Sijfned,) GEORGE T. BURKE, Capt. Ls Breton, &c. kc. kc. Superintendant. (EXTRACT.) Deputy QuARTr.R Master Generals Office. Quebec, January 5th, 1821. You will be pleased to lose no time ia communicating with Capt. Le Breton on the subject, and the Commander of the Forces cannot doubt but'when that Officer is informed the land in question is required for public purposes, he will be willing to meet the views of Government by either giving up his purchase to them, or taking lands in some other place in lieu thereof. if (Signed,) GEORGE FOWLER, (^pt. D. A. Qr. Masr. Genl. (Signed,) GEORGE T. BURKE. The jfoUowinw letter was written to His Lordship in consequence of his having made use of language derogatory to my character in the autumn of 1826, and which is coioborated in his reply, dated 9th May, 1827. [No. a] (COPY) TO HIS EXCELLENCY THE RIGHT HONORABLE GEORGE, EARL OF DALHOUSIE, &c. &c. &c. J,fY Lord, I humbly beg leave to address your Lordship ona sujbject which has been some years in agitation, and emanating from y jur Lordship, highly pre- judicial to my character, and must, with submission to jour Lordship, state, that your Lordship has been misinformed on the subject,, I allude my Lord to some land purchased by me in the year 1820, and which your Lordship has been pleased to ■'j-y '' was purchased by me with a view of imp^^sing on "Government." A;'dHa your Lordship appears fi'om recent circumstances to be of the same opinion, I deem it expedient to recapitulate the whole af- fiiir, in the hope that your Lordship «ill be pleased to -reconsider the subject and to render me that* Justice which the case requires. jliich has [hly pre- ), state, iy Lord lordship Ising oa ^stances lole af- I subject Some time in the y«ar 1830 I learnt that some lots of land in the Town- ship of Nepean, vf'here I reside, were to be sold at SherifTs sale, amonf which was one which I considered as very valuably; I attended the sale whicn was in the Court House at Brockville and made the Sheriff of the District, I purchased the lot in question, and part of which I then sold to Levius P. Sherwood, Esq., (at present one of the Judges of the Court of King's Bench.) On- my return to my habitation in Nepean, 1 immediately Wi-ote to George Burke, Esq. superintendant of settlers^ acquainting him- with the circum- stance, stating that if a store house was required for Government, either the one already built or another should be at their service, at the same time re- questing to be put in possession of the key of the one already built by Go- vernment (it being on my land atid unoccupied by them.) In reply to which I received a letter from the Quarter Master General's Office, intimating that the land in question was recjuired for Government purposes, and concluding that I could nave no hesitation in giving it up. Havin"^ some busines at Que- bec, I thought it most prudent to see your Lordship in person. On my ar- rival at Quebec I waited on Lieut. Col. Cockbum (then Deputy Quarter Master General) for the purpose of being introduced io your Lordship. He asked me if I^would not take wild lands in lieu of the said land in question, to which I replied that wild lands were of no value to me, besides which, I had sold part of the land to Mr. Sherwood and could not act without his con- currence. He then wished to know what I M'ould ask for the land, to which I replied that as to my own part of it I would leave it entirely to your I-ordship, and that I was confident Mr. Sherwood would do the same. Wo then walked on toward the Castle, during which time Col. Cockbui'n repeat- edly urged me to name a price, which I declined and replied as before tnat I would leave it entirely to your Lordship. On arriving'at the Castle Gate, Col. Cockbum said he could not see your Lordship on the subject unless I named a price. I then told him that 1 valued it at Three Thousand Pounds, (a sum less than half ite value) I waited below in the waiting room whilst Col. Cock- bnrn had a conference with your Lordship. I was then called up to the Drawing Room, but, what was my surprise, when I was iret at the door by {'OUT Lordship and told that I was an Impostor ! that I had purchased the and in question in an underhand manner with a view of imposing on Go- vernment ! ! ! Such a reception from a personage of your Lordships exalte \ rank and character, renowned for justice and urbanity, convinced nie that a misrepresentation had been made to your Lordship, and when I endeavoured to explain and defend myself, your Lordship would not allow me to speak ; adding^* that Doctor Thom of Perth had written down to say, that it was " his intention to have purchased it for Government, but that I had bought it " in an underhand manner and unknown to him." Your Lordship was at the same time pleased to say that you would take measures to deprive me of it, and although not in express terms, I understood, it was your Lordship's in- tention to report my conduct, (as it was represented to your Lordship,) to the Commander in Chief with a view of depriving me of my half pay. Your Lordship was also pleased to implicate Mr. Sherwood in what your Lordship termed a nefarious transaction. It is but justice to that Gentleman to say that your Loidship must be totally unacrdship. lie Esta- several Ameri- tajesty^s lobriety, I have the honor to lay before your Lordship herewith copies of two letters, one from His late Royal Hghness the Duke of Kent, alluding to services performed when an Ensign not 1 8 years of age; the other from the late Major General Proctor at the close of the late War. I merely by these letters wish to prove to your Lordship that as a Soldier I did my duty, and as a Civilian under a British Constitution I expect Justice, and the right to enjoy my property unmolested ! the latter privilege I have been de- barred from. I allude to the case of Andrew Berrie and Isaac Ferth, who are trespassers on my property, and have kept possession against my will. On my giving them notice to quit the premises they applied to jour Lord- ship, you were pleased to direct them to keep possession, and 1 am informed^ [ believe from undoubted authority, that your Lordship has even employed a Lawyer at your own expence to defend their cause ! ! * From your Lord- ships authority and station. It is but fair to conclude that any ill opinion of me formed by your Lordship may be attended Avith aggravation and in- jury to my interests in other quarters, and to which I attnbute the conduct of the Lieutenant Governor of the Upper Provinee towards mo. I shall refrain from further remarks my Lord, and beg your Lordship will be pleased to reconsider the subject and to grant me that justice which the case requires. In fact the prejudicial reports which have spread through the Country — the privation of the friendship of several gentlemen of the utmost respectability, the duty I owe to the three honorable gentlemen be- fore mentioned, and the rest of my friends, requires me to take every legal step towards a public justification of my conduct, and to -which I humbly hope and trust your Lordship will be graciously pleased to accede. I have the honor to be With all due submission. Your Lordship's Most Obedient Humble Servant, J. LE BRETON. Britannia, Ottawa River, 20th March, 1827. Copies of two Letters inclosed in the foregoing. (ENCLOSURE.) Kensington t^ALACE, 31st ->ecr. 1815. Captain Horvey is instructed by the Duke of Kent to acknowledge the letter of Lieutenant Le Breton of the 29th inst. with two accompanying in- closures, and to state to him that His Royal Highness is so fully impressed with the recollection of the strong manner in which the late Lieutenant General Skerrett recommended him to his notice, for his distinguished con- duct at the time of the Mutiny of the Fenciblo Regiment in Newfoundland, that the Duke has not felt the slightest hesitation in transmitting the papers to Major General Sir Il-^nry Torrens, and adding his solicitation to the * His Lordship ordered £5 to be paid to Jonas Jones, Esq. an Attorney to defend the causein case of an ejectment, and his Lordship has recently had a house built on tne p'vmisscs tot the accomodation of those people. J. L. B. I'M, 8 others already before the Commander in Chief in his behalf, to which Capt- Harvey is directed to add that it will make His Royal Higfhness most happy to learn that the result is commensurate with his expectation. To Lieut. Le Breton, ? Royal Nfld. Regt. J (ENCLOSURE.) Sir, Montreal, Augt. 16th, 1815. I have the honor to acknowledge the receipt of your letter of the 8th inst. informing me of your having obtained leave of absence to proceed to England, and also conveying a request that I would be pleased to grant you such a testimonial, of your services as I might think you entitled to, durino* the period you were with the Division of the Army under my com- mand'^in Upper-Canada. It is with much satisfaction I can i^tate that on every occasion you- were desirous of meeting the Service — uniformly evinc- ing the most indefatigable zeal in the performance of your duties in the Engineer Department and occasionally in that of tbe Quarter Master Gencrari. I have already publicly acknowledged your exertions during the ar- duous service on the Miami, and on the 5th May 1813* especially on the same occasion. I gratefully recollect your having volunteered and performed to ray satisfaction a disagreeable though important duhr, soon after the unsuccessful affair at Sandusky, goin^ to that place with a Flag of Truce at the risk of imprisonment in retaliation of our treatment of a Spy, and an apprehension of which caused the reluctance shewn by the Officer whose duty it should have been but for your zeal, t Wishing you Promotion, I have the honor to be Sir, Your faithful Humble Servant, (Signed,) HENRY PROCTOR, Major General. To Lieut. Le Breton, > \ Reyal Nad. Regt, J * On the 5th Mav 1813 Lieutenant Le Breton guided a Party of less than 300 men under the command of the late Major Muir to tbe attack of 1100 Americans, when 300 were killed and 630 made prisoners. f After General Proctor's defeat at Sandusky he asked some of his Officers togo Jn with a Flag of Truce for the purpose of ascertaining the fate of those who were left be- hind, which those Officers declined, under the pretence set forth in General Proctor's letter. Lieutenant Le Breton then volunteered his services and penetrated into the enemy's secret depot thereby discovering the whole of his plans. the ar- - on the to ray iccessfnl risk of leDsion should I men IbenSOO Itogo in lefi be- ^roclor's I into the 9 [No. 4 J HIS LORDSHIPS' REPLY. SIR. Military Secretary's Qj^cci ., Quebec, 9th May, 1827. I am direoted to acquaint you that the Coramaiider of the Forces has received your letter, to which His Lordship would not have thought it worth while to return any answer, but for the purpose of havingp a true sta- tement of the subject committed to record. With this view I have received His Lordship's command to transcribe and convey to you, the following statement, drawn up by himself on a perfect and clear recollection of the whole transaction to wiiich it relates. " In 1820, I made it my first duty on my arrival in the Province, to ** visit it as extCYisively as the period of the season permitted. I jvassed up " the Ottawa and crossed the country from Hull, thro' the military settle- " mentjthen just begun. At Richmond, Major Burke with a party of the half- " pay officers there (as many as the house could hold) dined M'ith me. "The chief subject of conversation was the means of promoting the public " prosperity of that newly settled tract ; it was evident to all that a Govern- " ment Depot for stores and supplies M-as highly important at the Richmond " Landing, so called, on the Ottawa; to'stablishan accessible point of corn- " munication, and a certainty of supplies for the large population likely to " assemble in that new country. The land belonged to a Mr. Randall, an " absentee and who could not then be found. No improvement had been " made on it, and it was probable that the purchase might be made for a " trifling sum. I gave instruction to Major Burke as superintendant, and in " the presence and hearing of all at table, to take steps to effect the purchase, '* and to watch any advertisement of the sale of it, but to report to me before ** he concluded." ** Captain Le Breton was then present, hoard my sentiments, heard my " instructions, and in my idea, as an officer and a gentlemen was in honor " bound to give his assistance, he did not do so ; he availed himself of the " information, and set about a speculative purchase to make a profitable " bai^^ain and then off^er it to government. ** fheard nothing more on the subject until Lieul. Col. Cockburn infor- " med me that the Richmernd 1 ending had been sold, and that Captain Le " Breton was in Quebec to offer it to Government.* It was told to me, " that he had bought it for £400 and off'ered it at £3,000, but in all proba- " bility might yeild it at £2000. I desired to see Captain Le Breton per- " sonnally, and he came with Col. Cockburu. up to my writing room. I " asked him if he seriously proposed rach a demand; he said he did andjus- *' tified himself, I forget in what lerras. I at once and very angrily told " him ; 1 would not permit so scandalous an imposition on His Majp^ty's " Government, and I gave him all my reasons for so thinking. 1st. A brea«;h " of confidence in availing himself of the conversation which passed at my " table. 2d. It was not becoming in a British officer to catch at such a spe- " culation. 3d. The difference from £400 to £3000, or even £2000 be- " fore he himself had paid his price was an indecent aiv^ shameful imposition. " From that one interview, I formed an unfavourable opinion of Capti>i» " Le Breton, and I have seen no cause to alter it since. 1 know nothing of " him, I thought then and I think still, that due notice of the Sheriff"'s sale — — - 4 ... I '. . * See letter No. 3. 10 ** was not g:ivcn, and although the Solicitor General did report to Sir R " Maitland that it was done in due form, the later memorial of Mr. Handall " himself inclined mo to think that the sale was not leg-al, and therefore Mr. " Le Breton's title altogether had ; * the purchase of the lot an illegal trau- " saction. " I do not believe one word of Mr. Lo Breton's assertion, that he could " have obtained of Mr. Fraser at £1.5 the lot for which that gentleman ob- " tained £750 from government. " With regard to me family of Firth, I did say I would support that fa- " mily if illtreated by these illegal proprietors, and I will do so still at my " own private cost. I know nothing of Dr. Thom, Mr. Sherwood or any '* of those people named. " No further answer will bo made on this subject if continued." 7th May, 1887. To Mr, Lk Breton.. (Signed) "DALHOUSIE." I am, Sir, your most obedient, humble servant,. H. Darling, Mily. Secy. Tti' I; ' [No. 5.] Britannia, Cth June, 1827. Sir, From the lapse of time I am not certain if jou dined with us at Hills in Richmond, at the dinner given by His Lorsnip the GoVernor-in- Chief in the year 1820. If so, I will esteem it a favor to be informed if His Lordship at that time gave you instructions to purchase the lot of land com- monly known by the name of the Richmond Landing, and oblige SIR, Your most obedient, Humble servant, J. L. B. George T. Burke, Esqr. [No. 6.] RicHBioND, 12th June, 1827. Sir, ~ ' > In reply to your letter of the Gth instant, 1 beg to state thai I hare no recollection of the circumstance which you mention, but I believe some * If His Lordship conceived my titlt bad, why did he authorize Lt. Col. By, Royal Engineers, to purchase it from me. t to Sir P. Mr. nanikll lereforc Mr. illegal trau- it he could ntlemnn ob- ort that fa- still at my vood or any servant. le, 1827. [d with us at [Governor-in- formed if His of land cora- j, 1827. that I have believe some 11 time subsequently, I received an official order to commnnicate with you on the subject of the purrl>"se of the Landing, but you being then on your way to Quebec, nothing further was' done in tlio business. I^beg to remain, . ' SIR, Your very obedient servant, (Signed,) GEO. T. BURKE. J. Le Breton, Esq. ^ [No. 7.] , Copy of a letter to Capt. Monk, H. P. 97th Rcgt., Capt. Street, H. P. Royul Navy, Ilarauel Piuhey, Esq., James Read, Esq., Capt. Bradley, t 11. P. 104th Kogt. Bri'^ANNIA, 2d June, 1827. Sir, A report having been circulated at Qu«bec and Montreal prejudi- cial to my character, stating " that I had taken advantage of a conveiwation " of His Lordship the Governor-in-Chief, while I had the honor of dining " with him at Richmond in the year 1820," and as you Mere also present at the dinner given by His Lordship, I beg you will do me the favor to reply to the following questions. 1st. Did you hear His Lordship instruct Major Burke to take steps to purchase, and to Match any advertisement of the lot of l^nd No. 40 in the Township of Nepean, conihiouly known by the name of the Richmond Lan- ding ? 2d. Did you hear any conversation at that table that would have preven- ted you from purchasing the said lot of land ? and oblige, SIR, Your most obedient servant, (Signed,) J. L. B. [No. 8.] Helensville, Marche, June 5th, 1827. Sir, In reply to your enquiries on the other side, I have to state that no such conversation took place at that time in my hearing, nor do I think f Captain Bradley made no reply. 3l. By, Royal 12 it T«ry probable tbat His Lordship tho Governor iu Chief >vould erttor on «uch a subject at a public dinner. I am Sir, Your very obedient servant, ; (Signed,) BEx^J. STREET, To J. l-E Breton, Esq. Britannia. i'i'' 'I r* i'illl. !'i 1 [No. .92 Point Pleasant, Marche, 5th June, 1827. Sir, In reply to the queries contained in your letter of the 2d instant, I have only t3 state that 1 have no recollection of the conversation alluded to, it is however possible that it may have occurred and escaped my me. mory. Your's &c. J. B. MONK. To J, Le Breton, Esq. Britannia. N, B. As Captain Monk sat next to His Lordship at table, he "would bo the most likely person to hear such conversation if it had taken place. "i C [No. 10.] HoRacevillb, Marc h, 5th June, 1 827. Sir, In reply to your note of the 2d instant, wherein you intimate that reports reflectinnf discredit on some purchase you made of hind in Nepean, prevail, and that you are desirous to submit to me certain queries. First, " as to whether at a dinner jyiven by His Excellency the Governor in Chief in " ISsiO at Richmond, 1 heard His Excellency instruct Major Burke to take " steps to purchase and to watch any advertisement of the lot of land No. 40 " in the Tpwnship of Nepean, commonly known by the name of the Rich- *' mond landing-." I have to state that I did not hear His Excellency give any instructions touching the land in question to that or any similar effect. Secondly, " as to whether at the same period any conversation or discussion " arose that would have prevented me from becoming a purchaser." To this quer^ I iiave to state, that any conversation that there passed would not have prejudiced me against being a purchaser, had I felt disposed so to invest money ; neither Mould it per contra have tempted me to it, eAter on EET. 8, 1827. >d instant, )n alluded I my me* would be ice. \, 1827. Imate that Nepean, (s. First, Chief iu leto take id No. 40 Ihe Rich- pncy ffivo |ar effect. iiscussioQ (er." To lould not to invest 13 I am to he understood as a matter of courfie, not as saying such Or luch instructions wore not given, hut that I did not hear them. lam, /"' SIR, , ' •' ■ J Your moit obedient setvant, To Capt. Le Breton, &c. &c. &c. . (Signed,) HAMNETT PINHEY. [No. 11.] March, 5th June, 1827, Sir, In answer to your letter wherein you ask if I heard any conversa- tion whilo dining at Richmond with Lord Dalbousie between His Lordship and Major Burke, respecting[the lot of land at Richmond Landing Place, I beg to state I did not hear any conversation on the subject, nor was Major Biu'ke present during the dinner, and but a short time afterwards. lam, Sir, Your most obedient servant. ( Signed,) J AME S READ, To Capt. Lb. Breton, &C. &c. &o. [No. 12.] Britannia, Ottawa R iver, 20th July, 1 827. Sir, I have the honor to acknowledge the receipt of your letter by com- mand of His Lordship the Commander of the Forces, of the 9th May, where- in you are pleased to state that *' His Lordship would not have thought it " worth while to return any answer" (to my former letter) but for the pur- pose of having a true statement committed to record ; and as His Lordship is pleased to say, " that no further answer on this subject will be made if " continued," 1 of course do not expect a reply hereto. The door of jdstice being thereby closed against me through that channel, my only recourse is to leave it to the opinion of an Impartial Public, therefore before I commit the whole correspondence to public print I beg to submit for His Lord- ship's information, copies oJP letters from Major Burke, and four gentlemen tvho dined with His Lordship at Richmond on the day alluded to, in His Lordship's statement. His Lordship's memory has deceived him with respect to Major Burke as lie actually did not dine at the table that day, he came in afterwards and only staid a few minutes. ' ( u I if li. u ITio l.orAithiu wnNiilRoplonKniHo NtittotlmtMr. Knnflnll " war nn a1moiitci>, " Hiid who cuuiil not tlxMt ho i'ouiid ;** 1 four \\'\n Lorrlnhi]) Man uImo miMiiifor- 1)10(1 on this Nuhjoct ; Mr. Handall Man at. tliat tinu> u nuMuhcr oi'tho IIouno of ANHomhIy of rnprr (^inudu an Nont <<(»|hoh of thone Icttvi'H carlioi', hut that I havtt hccn >viiitin}|[ for othiM* doininKMitN of (>(|uul iniportancc. I havo tho lionor to h« 8IH, Your mont ohodiont, Ilunihlu HtM'vant, .1. LEDUKTON. T«) Majou HiM'.nAi, Dari.ino, Military Sucretai'y. fNo. 13.J (EXTRACT) Mahcmi:, Hth .lanunry, 1830. Sir, I was present at n conversation that took jdace at Ilnll in the latter part of the year 182(5, hot ween Col. I\v and yonrwelf, on the suhjcct of tho land oallodNepean Point, among other mat tt>r you told Col. By that you were Avillinjf that the tJovernment otlieers Mhonld take as much of that land (iRATIS as Mas necessary for making the intended canal, or woids to that effect.* I am, Sir, Your ohedient servant, (Signed,) THOMAS READ. To Cai»t. Li: Brlton, kc. &c. Nei>kan. • Col. By said be was authorized hy the Earl of DAlhuusie to offer the sum that I had paid fo- the property, what I had sold 1 nii^ht keep ns a bonus; ot this time I had sold one Ist at the rate of about ;]f500 per ncre, and was In treaty for other lots, when a report was industriously circulated, that 1 had no title, nnd that it was the intention of His Lordship to take the land from me. The water was turned fiom tho front of my lot ruining my Mill Sites, ui\dcr the ri- diculous pretence of forminjir a Timber Channel, which bus rendered the passage worse than it was before, at an exptiise of about :£4,C0O, and an estimate was made out and submitted to Sir .lames Kehipt to expend a further sum of j£I0,00O, when at the same t me I had offered to make a Timber Channel at my own cost ! A house has been built iip>n my inndby order of Col. By ! My timber cut and destroyed as stated, and sev«ial other depredations committed, for all which 1 have hitherto obtained no redress ! ! ! ilmontrr, iniNinfor- lloiiNo of |ila«*o of lit I llHVU ON. 830. the hitter t of tho Ithnt you that hind Is to thut ). im that I Ime 1 had B, when a Utition of Icr the ri> |go worst! out and the same een built d several 16 Britannia, Ottawa Rivkr, 14th Sept. 1827. Sir, %/' ' /^ A. nuniitity of Tinihor of vnriouH dencriptioiiH having been t^ikiMi nflPfroin my land, and appropriated to tho publio worUs iind«r your dire ition, and hoiiiff unwilling in any niann«>r to oliHtruct tho Haid works ; I beg to bo inforruiufif tho Haid Tinibur huN boon taken by your Httuutiou, and if so, ou what principlo. • I hnTO the honor to bs Very llcHpoctfully Your mo«t Obedient Humble Servant, (Signetl,) J. LE BUETON. On His M«\jo8ty'8 Sorvice. To Liout Col. By, lloyal EngiucoiH, Commanding Ilidcau Canal. N. B. Tho above timber was taken by the Contractors who had contrac- ted to furnish tho timber themselves. [This letter was sent to Lieutenant Colonel By, but no answer being received for some time, 1 sent my Clerk to ask Col. By if theio was an answer, to Mhich he replied lluit he did not Hiiiu^tion the depradation on my lan«1, " that he would not be {jnilty of so uiigeiitlemanly au action." I then called on Col. By myNelf who said he was uulhori/ed by an Art of I'arlia- nient to take my timber, Aviien one of his Clerks apparently drunk in his office, and in his prospuc*', Avitliont reproof, said "we'll take your timber wherever we can iinU it and not ask your liberty."} [For some of this timber Col. By paid 3s. per foot, and having occasion to prosecute one of the Contractors for takin'rants from Ireland, totally incompeUnt to judgo in such cases, I pray that His Excellency will be pleased to nominate one or two persons competent and disinterested, with power to call in mill-wri^hts or other per- sons as they nias judge expedient' — Should this measure meet Ills Excel- len(^y's app robation, the persons whom I should wish to nominate on my part, with His Excellency s permission, are (icorge Hamilton, and Hamnett Pinhey, Esquires, the former person well known to Tlis Excellency and to Uu conn ry in ^-eneral as a man of judgment, honor, and integrity — the latter equally honorable and intelligent though not known to His Excellency. I have the honor to be Sir, Your most Obedient &c. &c. &c. (Signed,) J. LE BRETON. [The foregoing letter was referred to Col. By for his report, who replied that the claims therein contained Avere without foundation. Making the aggressor the Judge of his own cause ! !] I again addressed His Excellency Sir Jame Kempt on the subject in the spring of 1830, to which His Exoellencv was pleased to reply that he would have°a personal investigation of my claims at his Intended visit to the Rideau Canal. His Excellency arrived at the Rideau Canal on Sep- tember following, he arrived in" the afternoon about 3 P. M. and as I reside about six miles from thence, did not hear of it until the following day, I im- mediately went to wait on His Excellency, but learnt that he had gone up the line of the Canal with Col. By, that he had not taken any quarters oa shore, and that he intended to return again for Montreal the ensuing night. I therefore waited on board the Steam-Boat until his return which was late in the evening-— I addressed him on the subject of his letter, His Excellency seemed offended at my addressing him on the subject and replied that ho could give me no redress, and having taken up his quarters in the nubbc room of the boat where I could have no private conversation I was oblige ' to withdraw. On the following day His Excellency sent a verbal apology ■, 1829. ir of the verimient 1, by tur- 2(\\y. by r on said I laid out lid mine, r injuring pcting' all Hill should (I of were are chief- i cases, I o persons other per- ils Excel- ate on ;«^ i Hanuiett cy and to -the latter cncy. ON. 10 replied 'ct in the lit! would it to the - Sen- I resiae ay, I im- jronc up arters on ng night. was late ccellency that he [ye public i oblige' apology J7 • by a gentleman of my neighbourliood ntating that *! BvTowN, 1st Novr. 1831. Having; incfFectullay made several applications to the late Governor in Chief, as also to the Lieutenant Governor of the Province, to redress grievances which I have sustained from the public works carrying on in tliis quarter, under the direction of Lieut. Col. hy, which application have hitherto not i>een satisfactorily replied to, I beg- to state for the information of Lieut. Col. By that I am now about to represent the case to the Honora- ble the Lords Commissioners of His Majesty's Treasur}''. It is not;however, mv wish so to do, provided Lieut. Col. By will b§ pleased to nr.rae any two or three gentlemen to meet those whom I shall name and by whose decision I am wiUin8ssion, ih yoa 5t refer heap- 19 he has no objection to appoint two Officers to meet those gentlemen you may name to take into consideration any claim for damages that you may have sustained from tne public works at this place now under his superin- tendance. The Officers named by him, are Capt».^Bo|(lton and CaptyYule, of the Royal Engineers. He also desires me to request you to name tne day on which you will be prepared to meet the aforesaid gentlemen. It who '■come iion to 931. ernor ;dress this hare ation nora- ever, two isioT To John Le Breton, Esq. I have the honor to be &c. &c. &c. (Signed,) J. A. HAGERMAN. The undersigned, having at Chittj 's Tavern and at the instance of Capt. Le Breton met Capt. Boklton and Lieut. Frome for the purpose as they were given fo understand of arbitrating Capt. Le Breton's claim on Government, find that Capt. Bol|lton and Lieut. Frome's instructions empower them only to examine mto Capt. Le Breton's claim for damage done in consequence of the Rideau Canal — not to arbitrate and awai d — moreover Capt. Bo^lton and Lieut. Frome having declined to submit to the nomination of an umpire under any consideration whatever. The undersigned are under the neces- sity of with di awing. Signed, By town, 30th Novr. 1831. C JOHN BUCHANAN. \ HAMNET PINHEY. Mr. Hagerman was called into the room and in presence of the above fjentlemen was asked what was his impression when he received instructions from Lieut. Col. By to answer Capt. Le Breton's letter'; his answer was— my impression was that Caj)t. Le Breton's claims on Government were to be finally settled by arbitration. Query. — Can it be settled without an umpire ?— Ans. In my opinion it cannot. J. L. B. \ I "s lat I that