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 CLAIM 
 
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 SURVEYOR GHNERAL,, L.C 
 
 
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 JOSEPH BOUCHETTE, 
 
 SURVEYOR GENERAL OF LOWER CANADA. 
 
 Leggo &: Co. Photo-Lith. Montreal. 
 
ORIGIN AND CHARACTER 
 
 OF TIIK 
 
 Claim of the Late Colonel Bouchette. 
 
 
 INTRODUCTION. 
 
 The wvittM" haviuir had occasion, duriii'j: the poiToniiaiici' 
 of his journalistic duties, to examine into the merits of 
 the claim of the late Mr. Bouchette a<j:ainst the Govern- 
 ment, now l)einir prt'ssi'd by his heirs, for services ren- 
 dered, in full an<l ahovc mcasun^, to the country, deems 
 the present an opportune occasion to invite the attention 
 of Canadians to what he considers a matter of public 
 obh'^ation, to tht> fuliilment of which Upper and Low<-r 
 ('anada ouiiht to W held in law, and the other Provhices, now 
 within the Dominion, in equity, as an ordinary seipience ol 
 caus(» and ellect. Had the money honestly due to the late Mr. 
 Uouchette IxM'U i)aid, as it should have l)een. Lower Canada 
 would have entered the late Union with her Treasury tfiim's 
 instead ol /tlits the sum due to him ; and, by conseiiuence, the 
 late Province of Canada woidd have entered the new Confeder- 
 ation, constitutinu" the Dominion of Canada under the British 
 North America Act. with the same linancial delicit. If, then, the 
 debt was fairly contracted m the iirst instance, it is very clear, at 
 least as a matter of jniblic obligation, that the country at larp'. 
 which has received the l)enelit of the services i)erformed. 
 should not shrink from the ol>vious duty of makino; due recom- 
 pense for them, in accordance with the terms expressly set 
 forth by resolution of the Lei>;is]ature under which, in bona fide, 
 Mr. Bouchettt' did all that \\v had promised and a «rreat deal 
 more. 
 
 The foUowin^j; pa<res are simply designed to set forth, in a 
 clear and concise manner, the rvx\\\ of Sir. Bouchette's estate 
 to the claim preferred, and the obligation of the country to 
 satisfy it. 
 
 55701 
 
Thoujrh not afTectina: tht» morits of tho claim, lh«' writer has 
 taken occasion to summarise the prin<!ii)al iiKtidcnts in the lite 
 of this «*minent Canadian, as indicating to what an extent he 
 loved his country, i^'rhaps not " wisely " I'or his own pocket, 
 but certainly *' too well *" to a^lmit of any doubt being cast upon 
 his loyalty to the Crown, from the representatives of which he 
 held 80 many tokens of appreciation. That a journalist of 
 twenty years exixrieuce should attempt the a<lvocacy of a 
 claim, the satisfaction of which he bt^lieves would be an act 
 redounding to the national honour, and a tribute to Canadian 
 literature, ought not to be surprising; for literary labour and 
 scientilic research are iLsually but inadequately rr([uited, even 
 when they command all that is promised. In Mr. Bouchette 
 both were <ombined to an fuiinent degree ; and, in spite of the 
 proj'ress of the eouiury, we cannot yet piu'use his interesting 
 works, or examine his elaborate and admirably executed maps, 
 without a feeUng of surprise — or rather astonishment— at their 
 accuracy and minuteness of d«'tail. The writer does not intend 
 to discuss the vnlue of these works ; he proposes the simple 
 • (uestion : Shall the country pay what it promised lor services 
 that were actually rendered under contract? Should the 
 ;.nbwer be in thr? negative,^ then the (piestion will naturally 
 ari^e : Where is pul>hc virtue Y If the Legislature is not going 
 to keep, faith with the i>eople, how can we (»xpt'ct the i)eople 
 to keep faith among themselves ? But surely there is not a 
 ( rovernment in the Dominion, whether Canadian or Provincial, 
 that would, by example, lend its moral sanction to the Free- 
 Ijooter's doctrine : 
 
 •' The pMKi old nik'. tlic ancient |ilan, 
 Tlmt 111- may keep wlio lias the iM.wer, 
 Ami he may take wlio can." 
 
 If there l)e noi, then, a.^surodly, tin* claim of Mr. Bouchelte's 
 estate will be .satisiied in full, as ijie fact stat<'d in the lollowing 
 p:tges will show that its justic*' is incontestible. 
 
 ALKX. ROBERTSON. 
 
 Mo.XTRIIA!. 
 
 .1 ;//•/'. 
 
 1 -7. 
 
[ 
 
 wiitor has 
 
 ill the life 
 
 t'xtoiit he 
 
 11 pocki't, 
 
 oast upon 
 
 ' wliich he 
 
 iniaHst of 
 
 cacy of a 
 
 l)t' an act 
 
 Canadian 
 
 ibouv and 
 
 itcd, evon 
 
 Pxtuchotte 
 
 )ite of the 
 
 ntt'r('stin<^ 
 
 ited maps, 
 
 t — at their 
 
 not hitend 
 
 he simple 
 
 ir services 
 
 lould the 
 
 naturally 
 
 not ^oiiii; 
 
 he i)t'0]jle 
 
 e is not a 
 
 Provincial. 
 
 the Free- 
 
 iouehette's 
 i folloAviny; 
 
 RTr<ON. 
 
 ORIGIN AND CHARACTER OF THE CLAIM. 
 
 National ol>li«rationsareincnrred in niitny ways, and requited 
 aceordiiiir to every shade of variation In'twiM-n ahsolutf lU'i^lecl 
 ami munilicent reward. When a threat victory crowns the arms 
 • )f a skilful leader, not only an- fn-sh hommrs poured upon hiiii. 
 and hijjchor rank— brins^iii<r hii;lu'r recompm.se— conferrt'd. but 
 ih«' tlianks of the nation, with a handsonu' (fouiT/tr, either in a 
 lump sum or as a life pension, art* added, to show that th«» 
 Ih'oplc appreciate I'Xtraordinary suce»\s,s, ovon in the dischary^c 
 of ordinary duly. Wi' speak of this kind ol" recognition for 
 pul)lic services as a proof ol' the nation's ^^ratiiude. 1"'here is no 
 le-^al oblifjjation incurred; no le'j^islative or executive promi.so 
 Hiade ])elorehMiid that, should su( h succ(»ss be achieved, such 
 reward would follow; yet. the l^e<j:islature and the Executive 
 act upon a generous impulse, and the people applaud and 
 endorse their action. To secure this result, skill and perse- 
 verance nmsl be crowned ' . ith success; for it is to SNCcess, 
 aftvr all, that thi' "nations gratitude " is most usually mani- 
 fested, while its sympathy is seldom withheld from those who 
 deserve without achieving it. Now, il skill and perse\ erance 
 can be proved to have been (trownedwith success in the career 
 of the late Colonel l)()uchette, may we not look somewhere for 
 the evidences of the sul)sfantial expression of a nation's trrati- 
 tude ? 
 
 Other claims to pu])lic recognition, through the national 
 excluHjuer. are freijuent in several lields of art, science and 
 liteiature. The veriest rhymester in Great Britain has the 
 chance of creeping into the civil list lor a j^ension of some 
 amount, should old age overtake him, or publii- taste confine 
 his productions to the musty shelves devoted to the accom- 
 modation of "dead stock.'' Those in the higher walks of the 
 sciences and the arts receive more comely pensions, or are 
 decorated with high honours. The exjilorations luidertaken by 
 private zeal excite the public sympathy to such a degree that 
 Parliament, while under no previous ol)ligation, is approached 
 with demands for assistance, and responds to them almost 
 unl'ailingly to the satisfaction of the petitioners. In all this 
 there is sound policy, and a full acknowled<j;ment that devoted 
 exertion in the cause of the public good is worthy a pubhc 
 reward, even though that reward had not been promised l)efore- 
 hand. Were there no other grounds ibr i)ressing the Bouchetto 
 
(•hum, th.' iiuiii«'rou!( precv«l»'nt> n'tV^rriMl u» — with which all 
 are tamiliar— would ho amph* iu«»fiHoation, in th<* li^ht ol 
 Col. Bouchettf'f* servires. comprretl with th»» reeoiiiiKMis** h«* 
 i»>e»'iv»Ml. 
 
 Ill Camula, in v«Ty r«'ceiit tiin»'s, w»» haw had IroqiuMji 
 instance's of authors hrini^nt^ out th»;ir works in anticipation 
 oi' a c»'rtain subsidiary >upport froiu th«' pul lie fX«h»Mju«'v. 
 usually 8«*cur«*d by the iiurchase of a lanre numlH»r ol' the 
 voliini** ; and in Mmw ca>«'> the supplementary aid is inveii bv 
 means ot trov»*mnnMit advertising. In each ease, however, if 
 is manifcM that th«T»' can be but one hone>t end lor which such 
 ai<l is concetled — U) s^-rve the i)ubli<- «^<xkI. That this end may 
 not always h*' >erve<l, in j'nrt. is merely incidental to a system 
 wiiich can only l>e approved for want of a In-lter. Hut, a> 
 re«4ar<ls the oriirinal works of Mr. IJouchette. there can be n«« 
 two opinions as to their suin-rior value to the country over any 
 otln'rs that have, since their publication. lM*en snbsiduied in the 
 manner referr»Ml to. 
 
 Under eaeh of the.<«' s]>ecial phases already dixiissi'd, it 
 would be no dilhcult matter to prove that Col. Bouchetle had 
 a fair title to jmblic reward, independently of tlie ordinar\ 
 remuneration he receivt-d whih' on naval and miUtary duty 
 or when aciinir as Surveyor-General of Lower Canada. 
 
 Ijut his claim has a more substantial, if lesi* sentimental 
 foundation than any of the lbreiroin«z. thr.ii'^h it.s riirht to b.- 
 con.sidered by the iitrlit of the exami)les mentioned is not 
 thereby debarre«l. The claim of the late Jo?ieph Bouchette. 
 EsKi.. re.sts \\\)on the s«ilemn declaration of the Legislature ol 
 his f ountry. To pre.vs that claim to a settlement on s«'ntimental 
 groiuids, however .«troni< the.se may be. would seem, therefore, 
 to weaken it, and would in reality weaken it. but for one 
 con.sideration. \\/... There is no Court to tompel thk 
 
 LEOI.SLATI'UE to Kri.KIL ITS OBLIGATION.-*. The Executive 
 can l)e compelled to fuUil its contracts; the Crown may bt 
 sued, and .judinnent may i.ssue, even execution may b«» enforced 
 in satisfaction of a debt; but Parliament — whether as ;i 
 L»".^i&laiive A.-i-^i'mbly or House of Commons, whether on thi> 
 or the other side of the Atlantic— may ple<lge itself by resolu- 
 tion to pay tor services rendered, or to l)e rendered, and tliei. 
 Is no lef^nl way of enforcin«^ the payment. In fact Parliameir 
 is the only '"Court" that is a law luito its«df, and unless it shall 
 plea.-**' the Executive to .submit, in due form, the suiu promise*! 
 by vol.' of the House, «*ven the IIou.se, accorliii^ to constitu- 
 tional practice, cannot order the payment of the money, tin 
 disbursement of which may have been previously .sanctionc<l 
 by it.^ own vote. 
 
 Hence the debt due to the late Col.Bouchette'se.state becoino 
 a DEBT «»K HONOUR. His claim upon the country has. how- 
 ever, another title to con.sideration, l>ecaiL'M'. by the cncuu. 
 stances under which it was created, he acted, iu i^^xxl liuili 
 ujwn th-* re>4»!uiion of the Leirislature ; fuIliU«d, ami movt 
 
 * 
 
I 
 
 th whicli all 
 th«* lijfht o\ 
 
 L'OllllKMIM' h»' 
 
 i:id IVoqiUMit 
 anticipation 
 c «'X<h«*<iiit'v. 
 iuiIht ol th«' 
 J is iriv»'ii by 
 
 >•. how oV«M*. II 
 •r which such 
 this ♦•ud may 
 ! to a system 
 Iter. Hut, a> 
 *re can he no 
 iitry ov«*r any 
 >si<liscil in th'- 
 
 dixiussj'd, ii 
 Jouch«*tlc had 
 
 the ordinary 
 uiiUtary duty. 
 uiadii. 
 
 ■« s«*ntimental. 
 is rii^ht to hi' 
 tioned is not 
 [>h Bouch«'tt«'. 
 Leg:islature ol 
 »n sentimental 
 'em. there fort'. 
 , but lor on«' 
 COMPEL Till-: 
 he Executive 
 'rown may !)• 
 ly h«» enlorced 
 whether as ;i 
 ht'th«*r on thi> 
 <*'h' by rrsolu- 
 ■red. and ther» 
 let Parliamen; 
 
 luiless it shall 
 siun promised 
 i^ to constitu- 
 tie money, thr 
 Lsly sanctioncil 
 
 ei*tate becoino 
 ntry hits, liow- 
 y liie circuii- 
 iu <5<xk1 laiili. 
 l«d, and mov( 
 
 than rullill<'d. all th.it iu- had iitri>'fd lo ao. and r»'C»'ive«l IVom 
 th«' (rc»verninent ori*^-tliiifl of thf .kioh oiiu'i/nil/i/ fnnni'srtt, as pay- 
 ment on aerdunt. Th«> validity of h\> rhdm Wiis tlm*^ distin<tly 
 '•'-allinni'd l»y the I^.'-i-slature and ai»proved by ihe lilxecutive. 
 t!iU8 makiny; it a claim IN Ki^fiTV. It would, as we have 
 : Iready k lid, have been a claim in law. but lor the laet that the 
 1 w cannot reach one of the <oniractinir parties. As to the 
 ) uitter ol" e<juity tliere can be no «|uestion. Tlie money was 
 1 romised by tlie Lepslature : the work was perlbrmed l»y Col. 
 I'.ouch' tte to the entire satislaction ol the Lejrislature. and 
 1 art ol' the money was j^aid to him, Th<' ob!i<::ation lor the 
 J. dance hat; received many sub.'i^'quent ackno\vl«'<li^ments, as 
 tt "til led by the Journals ol' the .Assembly. 
 
 Further li;;ht may be thrown \\\Kn\ the e(iuily ol" the rlaim, 
 liowever, )»y considerinsr the ipiestion as ii the Leuislative 
 l>ledge liad never been nuwh*. and contrastinj; it with a suliject 
 *ioinewhat analoirous under the sui>posed conditions. On the 
 d 'bate wliich took place in the Leijislative .\.s.senibly of Quebec, 
 November l.'ith. 1871. on Mr. Joly's resolutions relative to the 
 j^ r])itration Award between < Ontario and Quebec, the Solicitor- 
 (Jeneral, Hon. Mr. Irvine, held the lbllowin«i- lantrunire: 
 
 •' Now, suppose the Privy Counoil did (ie«i»le against the 
 
 *' Province of (Quebec, lliey could not pretend to contest the legal decision ; 
 ♦' Init, with regard to the other part of the qne-^tion. (hut of'tiiuit;/, they 
 *' ii'ould stand upon the same yrotin'l a.* at present. Suppose. f<>r instance, the 
 *• award to have been fer/allij made, and to he as unjust as tlie pie>cnt, 
 *' they would have to come before the Dominion and ask for .justice, and 
 ♦' if this I'rovim-e i^tood together there was not a govenunent of the 
 *' Dominion which would oppose them." 
 
 Hon. Mr. Irvine here admits tlie i>ossibility ol" one of two 
 It'i^d/ decisions beiny; «riven atrauist (Quebec, neither of tchirh 
 could destroy the claim of that Province in eqitili/: whereas, 
 in the case of the Bouchette claim, it can. at the woist. be i)ro- 
 nounced extra legal, and that merely from the fact that the 
 Jixecudve had failed to eml>ody the resolution ol' the House hi 
 a statute. 
 
 « 
 
! I 
 
 1 
 
 HISTORY OF THE CLAIM. 
 
 The intimate toiw^^raphical knowledge of the country 
 acquired by Mr. Boucliette. during his naval and militar\ 
 servif'e, cov(^ring a period oi' about twenty-three years, an< 
 his association with the Surveyor-General's office from ear]\ 
 yoiuh, no doubt inspired him with the ambition to undertake 
 the great work, for the successful completion of which hi 
 education and his genius so eminently qualified him. Accord 
 ingly, after la))Ouring for some fourteen year*, wheneve: 
 opportunity offered, in prejoaring and collecting maps, plans 
 surveys, &c., he felt that he had the raw material for his patri 
 otic enterprise on hand ; but, in those days of laboriou 
 engraving, when nothing cheaper than the copperplate was a 
 hand to reproduce his maps in a creditable style, he felt tha 
 tlie task he had set for himself Avas too much for his means 
 Convinced of its utility to the country, if it were l)ut accomplish«'(] 
 Colonel Bouchette, by the advice of some of the member> 
 petitioned the Legislature foi- aid to enable him to carry hi 
 design into effect. The following extract from tho " Journals 
 will show with what result : 
 
 " llOL'SE OK AsSEMBI.V. ) 
 
 " Wednesday, 23rd February! 1«14. ^ 
 
 " In Committe of the whole House, on the report of the Special C'oir. 
 " mittee, to which wjis referred the petition of .foBcph Bouohette, Ewjuirt 
 '• Surveyor 'leneral : 
 
 •' Mr. Denecliiiu called to tlie Chair. 
 
 " l.-r. ( 'n motion of Mr. Tasehereau, seeonded hy Mi-. Lee, 
 
 '• Resolved. That it is the opinion of this Connnittee, that a sum of JiJ'fef 
 " hundred pounds, cuireney, he (■ni])loyed. luider the direction of Comnii- 
 " -ioners, to encourage and aid .loseith Bouchette, Esijuire, topuMish tli 
 •' Topographical and (ieograpiiical Maps of the Province." 
 
 This is the first practical step in the establishment of th 
 Bouchette claim, for it involves the d»H,'laration of the Legi.-- 
 lative Assembly th;it the money named should be "employed 
 to carry out Mr. Bouchette's design. He might have done th 
 work witlioul thi.s pledge, and appealed with some degree o 
 confidence to th*- counti y's gratitude for the services rendered 
 But liere he had his country's pledge in advance for all that h 
 believed he required to accomplish his undertaking succes.-^ 
 fully. He accordingly put his " raw material " in shape, with 
 out loss of time, and in the August following the ^enerou 
 vote of his native Province, he set sail for England for tli' 
 purpose of giving personal supervision to the pul)lication of hi- 
 worK. 
 
 1. 
 
ee 
 t\cc 
 
 the countr\ 
 
 and militai} 
 years, ain 
 I'rom earl\ 
 I to uiidertak. 
 
 of which hi 
 
 him. Accord 
 
 ars, ^vheneve: 
 
 <? mai)s, plans 
 
 al for his patri 
 
 of laboriou 
 
 lerplate was a 
 
 le, he I'elt tha 
 
 for his means 
 
 t accompHsh<*d 
 
 the members 
 
 m to carry hi 
 
 he " Journals 
 
 lEMBI.V, y 
 
 Urnnxj, 1814, ^ 
 
 the Special Coin 
 juchette, E«quiie 
 
 Lee, 
 
 lat a sum of Ji/'/ef 
 action of Coiiinii 
 ire, topuMish tli 
 
 shment of tli 
 I of the Lei^is 
 >e " employed 
 have (lone th' 
 ome degree o 
 rices rendered 
 ! for all that h 
 aking 8ucces> 
 in shape, witli 
 the ^enerou 
 Inland for th 
 l>tication of hi 
 
 But the Lepjislature did not leave him with the bare resolu- 
 tion of Februarv, 1814, to sustain his labours in England; for 
 in March. 1815, their i)romise of the previous year was "sealed " 
 by the payment of live hundred pounds, currency, to enable 
 him to complete his undertakmg. This vote forms the second 
 Legislative recognition of the claim. 
 
 In due course the maps, with topographical description of 
 the Province, appeared: though on a scale of magnilicencv^ 
 which proved too exiiensive for Mr. Bouchette's estimate, even 
 had he received all that the L»*gislature originally promised. ( )n 
 his return to Canada he petitioned the l^egislature to the eH'ecl 
 that the very great expense att«Miding the execution of th<' 
 work had involved his own means, instead of yielding him a 
 profit for his many years of lalxnir ; and he prays that lie may 
 receive the dilference betw«*en the original vote of jt 1,500 and 
 the actual payment of t;5oo. - to enable him to surmount those 
 " difficulties in which the imblication of his work had involved 
 " him." 
 
 On the 4th March, 1817. tin? Spf*cial Committee reported thai 
 Mr Bouchette, according to the account submitted, after 
 deducting the sum of tTiMt, as a set oil" against future sales, 
 was a loser to the amount of Jtl.701 18.s. 2f/. ; '" whereby his 
 " crc^dit would sustain great injury, and he would also be dis- 
 " abled from impro\'ing the maps of the Province." 
 
 Tlie report also says : 
 
 " Your Committee ohservos that Mr. Bouchette exf-nted ifiesf maps under 
 " (he patronage of the Proniuiitl l^fp.t/afurf. and tliat he lias thpreupoii 
 *' sustained a loss of £l.TUl Js.*. '2d., and in therefore of opinion that it /< 
 •^jiuit to reimburse him a prnt of hi.t /o.<*. and that it is even e.xpedient so to 
 •• do for the encouragement of the .-trts and of the pei-^ons wlio may apply 
 •• themselves thereto in thi.s Province." 
 
 No action was taken u|)on this report before the prorogation 
 of the House, l)iit still it is anoiiicr recognition ol' the claim by 
 a Committee of the Legislature. 
 
 At the next session Mr. Bouchette again petitioned, l)ut with 
 additional evidence ot his Io.ss from the work, which by tht.t 
 time had run up to i:-2,00(». 1 his .second petition was referred 
 to a Special Committee, and was rei)orted on to the House on 
 the ItJth January, 1818. This report was substantially the same 
 as that already quoted, with the addition of the following clause : 
 
 " That these maps have been seized by the persons who assisted him 
 " (Mr. B.) in the publication : the pecuniary means of the petitioner bein;.' 
 '• inadequate to the advances neces.«ary to the undertaking, he relied 
 " much on the liberality of the Legislature : the House having, in a Com 
 " mittee of the ^VhoIe, so early ai? the 24th February, IS14, resolved thm 
 " he should be aided with the sum of £1,.5<>0, to encourage the pul)lica- 
 " tion." 
 
 The Committee concluded their X' port by affirming tlie 
 justice oi reimbursing Mr. Bouchette to the amount ot i: 1,000; 
 or, in other words, that the Le^slature of 1818 should fullil th» 
 engagement made by the Legislature of 1814. 
 
 • 
 
I55C 
 
 8 
 
 I 
 
 Two attempts were made to ^et the report oi" this Special 
 Committee considered in Committee of the \Vhol(» — one on the 
 S^th, the other on the 27th March Imt, stran<i;e to say, the first 
 w as defeated by a '' count out " and the second by a motion of 
 adjournment. The question was shirked by tlie House, though 
 its Special Committee had given a Iburth recognition of the 
 validity of the claim. 
 
 Mr. Bouchette petitioned the Ijcgislature a tliird time, on 
 this occasion tendering to the Trovince the coi)per-plates of his 
 maps. The Special Committee to which this pt^tition was 
 referred rei)orted on the ir)th March, 1819, (Set^ Appendix A.,) 
 admitthig, in effect, ail the allegations of the petitions; and, 
 that his wcn'lvs " must have contributed to establish abroad a 
 " favourable opinion of the talents ol' the natives of Canada, 
 " while they also disseminated, in the Northern country, addi- 
 " tional information on the resources and importance of the 
 '■ colony." liut this Committee endeavoured to shilt the 
 responsibility from the Legislativ«^ to the Executive shoulders ; 
 and having recognised " the probable advanta«2:es an hich must 
 " result to the Crown, as well as to this Province," from Mr. 
 Houchette's work, concluded by recommending that Mr. Bou- 
 chette receive " a grant of the waste lands of the Crown." 
 
 Possibly political feeling, perhaps a desire to compound a 
 money payment recognised to be due, by a land grant, the 
 giving ol whicih would cost nothing, may have induced the 
 Committee to come to the decision mentioned. At all events it 
 was warmly api)roved by the ilouse, and on the 17th April, 
 1819, it was unanimously resolved (Appendix B.) that His 
 (Jrace the Governor-in-Chief be kindly addressed, praying him 
 to make to Joseph Bouchette, Es(piirt», " fsuch grant of the 
 '■ lands of the Crown, as His (Irace, hi his wisdom, may think 
 " fit." In this address the Assembly spoke in the most eulo- 
 gistic terms of the value and importance of Mr. Bouchette's 
 \\ ork, both to the Crown and to t hi^ Province ; and as it was car- 
 ried unanimously it is not improl)al>le that had not His Crrace the 
 Duke ol' Richmond died soon afterwards the address might 
 have }>een acted upon, and a semblance of justice rendered, 
 snilicient, at least, to gloss over the suljstantial remissness of the 
 Assembly. 
 
 On the 28th February, 1821, His Excellency Lord Dalhousie 
 sent ain^'ssage to the House (Ajipendix C.) admitting the claim 
 of Mr, Bouchette to be "just and reasonable,"" but disapproving 
 the settlement thereof by a grant of waste lands, and trusting 
 that " the Hoitae of Aasembli/ icill enable him In meet that claim y 
 Here is an «'mphatic endorsement of the claim from the chief 
 executive ofHcer of the Government, and the (Committee to 
 which His Excellency's message was referred rei)orted (Appen- 
 dix D.) strongly in the same spirit, stating that they were of 
 oi)inion " that there ought to be granted unto hhn (Mr. B.) a 
 " sum of ctl.OUO, as well to indemnify him for the losses he 
 " hath sustained by the ]mblication oi'his nuii)s, asto encourage 
 
 •ly* 
 
9 
 
 lliis Special 
 —one on the 
 say, the first 
 
 a motion of 
 ous(% tlioui^h 
 iiition of the 
 
 ird time, on 
 ■l)latcs oi' liis 
 x'tition was 
 Pix'iulix A.,) 
 titions; and, 
 ish abroad a 
 s ol' Canada, 
 wintry, addi- 
 lance of the 
 to shift the 
 p shoulders ; 
 \yliich must 
 '," iVom Mr. 
 lat Mr. Bou- 
 rown." 
 compound a 
 d i^rant, the 
 induced the 
 [ all events it 
 ■^ 17th April, 
 H.) that His 
 praying him 
 ^rant ol' the 
 II, may thnik 
 e most eulo- 
 Ijouchette's 
 as it was car- 
 lis Grrace the 
 Ldress mig:ht 
 pe rendered, 
 issness of the 
 
 d Dalhousie 
 ng the claim 
 lisap proving 
 md trusting 
 t thai claim." 
 m the chief 
 ommittee to 
 •ted(Appen- 
 liey weie of 
 1 (Mr. B.) a 
 le losses he 
 o encourage 
 
 *' Vdlom and iisefid luulert'iking in this Province." This report 
 was not in-onounced upon during that session: but, on the 7th 
 Ft'hruary, 182'2, a motion was made for its consideration, and 
 tht^ House tln'reafter resolved itself into Committee to consider 
 it. The old story occurs again — the House is "cottnted out.'" 
 Tavo days later ihe same formality was gone through, with 
 precisely the same restilt. 
 
 To the disgrace of the Legislative Assiunbly of Lower 
 Canada, the farce was repeated in the session of '23, when, on 
 the 2Sth Kt'bruary of that yi'ar, the subject was revived on 
 motion of Mr. Stuart, secondr-d by Mr. Oldham, and the House 
 {to avoid i/s honest obligalion .'') agahi adjourned " for want of a 
 quorum I " 
 
 The following year, on the 24th February, His Excellency 
 the Govei-nor-in-Chief again addressed the Assembly, by mes- 
 sage, as follows : 
 
 •• Tlie Ooveinor-iii-Chief lays before the Assembly an offer from the 
 " Surveyor-(jeneraI of the I'rovince, to the 'iovernment, of the plates of 
 " liis ^laps of Canada ; and he receuimends the same to the favourable 
 " consideration of the Assembly." 
 
 Mr. Boitchotte's letter, which accomjianied thr above, sel 
 forth the dilliculties he had met Avith in the carrying: out of his 
 uiKb'rtaking, and concl tided by tendi'ving the plates of his 
 mai)s "■ tii)oii such conditions as may be deemed reasonable." 
 
 The Committee to which this message and letter were 
 roferred made a long rt^i)ort, the only stattniieut of importance 
 ill which was, that the Committee, "satisfied that the improve- 
 '• ments already made, and those contemplated by Lietitenant- 
 '■ Colonel Bouchette, wotild be of great utility, deliberated 
 *' upon his i)ropo8al," &c.. .S;:c. , ])ut. as nothing came of their 
 delil)evations, the record need not be followed further. 
 
 Again, in 1825. the Journals of the House wer(» read, and the 
 subject of Mr. Bouchette's claim brotight tinder the notice of a 
 Committee of the Whole, which Committee managed to rise 
 without taking action in the i)remises. 
 
 Li IS27, the entries in the .lournals relating to the case were 
 onct' more referred to a Sjx'cial Committee, which not only 
 examhied the several reports of former Special Committees, 
 but also took most valuable oral testimony as to the validity of 
 the claim, and accordingly reported in favour of the payment 
 of the sum of 1 1 .000. ( Appendix E.) The eA'idence of Messrs. 
 Deiiechauand Lee is most important, as establishing the inteniion 
 of the As.sembly when the vote of i:t,.')0() was made hi 1314. 
 
 On the 1 4th February, 1827, M. Laterriere brought in the 
 report of the Special Committee, which report Avas referred to 
 a Committee of the Avhole House. 
 
 When the House v.as in Coinmittet^ on the report, on the 
 19th of the same month, Mr. tStuart brought forward a motion 
 that £1,000 be, granted to Colonel Bou<hette, and towards the 
 encouragement of the arts and sciences. (Appendix F.) This 
 
^'! 
 
 10 
 
 luotioii, which was, in effect, iiitondod to fulfil tho ohlivijitioi 
 iissuiiu'd by the voto of IHU, was so trained as to leave it 
 <>pi)Oiu»iits IVoc to voto ao;aiiist it without their iinimj^uiufi; tli 
 validity of Mr. Houchette's claim. It simply affirmed that , 
 siKM'itic sum should be irranted to ('olonel Bouchette, and thi 
 the Assembly refused by a vote of: yeas, 10; nays, ID. I 
 woidd be an insult to the hitellii^enoc of the House to say thii 
 the decision was based upon the merits of th<» claim ; and ; 
 reflection on its honesty to insiiuiate that political feelin'j; hin 
 controlled the action of members in a matter involving th 
 <'haracter of the Province for fair dealinir. 
 
 THE LIABILITY FOR THE CLAIM. 
 
 i i 
 
 A strange^ feature in resistin<2; the satisfaction of this claim ; 
 the constant shifting of the responsibility. First it was assume* 
 by the House of Assembly, but only one-third of the sum wa 
 set apart by statute, leaving the balance to be provided, as ^^'el 
 as paid, on completion of the work. In the second place, th' 
 Assembly threw the responsibility of indemnilicatiou upon th- 
 Crown, on the ingenious plea that Mr. Couchette's works wei' 
 of great value to flis Majesty's (lovernnu'iit, as well as to tlv 
 Province. Thirdly, the Executive repudiated this view, aib 
 twice invited the Assembly to discharge its obligation. 
 
 At every stage of its history there is confirmatory evidence o 
 the justice of the claim ; the difhculty in the way of its setti' 
 ment has been mainly on the question of responsibility. Bui 
 as the work has been done accordin;^ to and beyond the exteii 
 originally stipulated lor by the Legislature, and as the whol 
 country has had the })enelit of that work, it is certain that th 
 satisfaction of this claim is a matter of 
 
 PUBLIC OBLiaATION; 
 
 and it is not unreasonable that the Domhiion (lovernment, ;i 
 representino- the Canadian public in the widest sense, shuul' 
 discharge this obligation, and, if deemed necessary, make iw 
 apportionment of the liability between the Provinces. 
 
 In November, 1870, a petition on behalf of the heirs of th 
 late Colonel Bouchette was presented to the Legislative Asseiu 
 bly of Quebec by the Member from GraspA (Mr. Fortiii 
 praying that this claim should be paid, with additional compeii 
 
 b. 
 
It 
 
 lie obliiTiitioi 
 IS to L'iive it 
 |ni)u<2:iiiiiy: th. 
 Tinned that , 
 
 u'ttc, and thi 
 
 nays, ID. I 
 ^ise to say thii 
 
 claim ; and : 
 I'al t'ct'lino- hcK 
 [involving th. 
 
 ,A1M. 
 
 of this claim i 
 it was assumci 
 )!' the sum wa 
 ovided, as wol 
 cond place, tli 
 ^ntion upon th 
 e's works wei' 
 well as to til 
 this view, aih 
 i^ation. 
 
 ory evidence o 
 \y of its sett!" 
 msibility. Bui 
 'ond the exteii 
 I as the wliol' 
 certain that th 
 
 iovevnment, ;i 
 t sense, shouli 
 isary, make ni 
 iiices. 
 
 he heirs of th 
 
 islative Asseui 
 
 (Mr. Fortin 
 
 tional compeii 
 
 sation for loss incurred through deferred payment. On moviu'^; 
 a r«derence of the petition Mr. Fortin neartily endorsed the 
 justice of the claim. He was followed by Hon. M. Chauveau, 
 who, with his usual elo(iuence, dwelt on the o;ivat merits of 
 Colonel Bouchette's works, and admitted th(» validity of the 
 d<^bt du(^ to his estate on account of them ; but he held that 
 the claim should have be<m preferred before the House of Com- 
 mons ol' Canada. M. Chauveau's ar«:nment in support of this 
 ■view was that as Upper Canada had shared the assets of Lower 
 Canada at the time of the Union in 1H4I, so now Ontario 
 should pay its proportion of this debt through the intervention 
 of the Federal Government. 
 I It does appear that for the honour of the country this matter 
 should be fairly met. To pass it from Quebec to Ottawa and 
 from Ottawa to Quebec, with an occasional strangulation in 
 Commit t«M'. is paltry conduct in itself, and dishonourable to the 
 fair fame ol" tin* country. That the liability exists is incontro- 
 vertible ; that it rested primarily on the Legislative Assembly 
 of Queb(M_- is equally clear ; and surely it cannot be gainsaid 
 that had this debt been paid before the Union of 1841, Quebec 
 would ha\-e entered that Union with its assets diminished 
 accordingly. But instead of having done so, (Quebec entered 
 with this claim as part of its liabiliti«\s, which should have 
 been discharged by the United Province. 
 
 A case somewhat analogous, though not strengthened by 
 formal lesolution of the House before the services were pi - 
 formed, was that of Colonel Fitz-Gribbon. who, hi 1845, received 
 from the Legislature of the Province of Canada, the sum of 
 tl,(»00, for "long and patriotic services"' hi the '"late Provhice 
 of Upper Canada." Colonel Bouchette has claims for "long 
 and patriotic; servicers." not alone hi Quebec, but also throughout 
 the country, and were his case to stand upon sentimental con- 
 siderations alone, many precedents might be found to justify the 
 grant which he claimed on other and more substantial grounds. 
 
 The old Provhvce of Quebec, having merged in the ProviiK e 
 of Canada, carried into the Union its liabilities as woW as its 
 assets ; and the old Province of Canada, havmg transferred its 
 assets and liabilities to the Dominion of Canada, did. among 
 other things, put it within tln^ compass of the Canadian (iovern- 
 ment to pay liabihties between Quebec aiid Ontario, or what 
 amounted to the same thing, add them to the surplus debt to 
 be assumed by the I'rovinces. 
 
 But the issue has a wider bearing than the mere settlement 
 of a partnership account or <^he apportionment of liability 
 • between Provinces for services which political changes have 
 since made valuable to the whole country. Shall the Legisla- 
 ture keep faith with its pledges ? or by chicane and procrastin- 
 ation shirk responsibilities it had contracted, merely l)ecause 
 there is no Court to compel it by law to fulfil its promises Y 
 Tiaie, there are many money votes in Parliament under which 
 not a shilling is ever spent ; but in su(.h cases no private indi- 
 
'ir 
 
 I 1 
 
 !i: 
 
 ii. 
 
 ? t 
 
 \ idual has be<»ii led iiiio expoiidituro ol'timp, talent and money, 
 on the liiithoi'such vote. In thifs puitioular case {vide evidence 
 Denechau and Lee, Appendix K.), the aviant>:enient had (»very 
 1 'ature of a contract, hito which the hite Colonel IJouchette was 
 actually ittriled to enter by the members of the Committee ol 
 the House. [It may be mentioned, en passnnf, that the " i)eti- 
 tioii " spoken of in the report of the Si)ecial Committee ot 
 l"'e))ruary, 1814, was drawn after consultation, and for the 
 iiiere purjiose of brin<i:inj^ the agreement formally bel'ore the 
 Committee. No words are needed to prove that Lea:islatures 
 >hould set an example of ho)iesty tothe i)eoi)le whose laws they 
 iiiake ; or that the national Executive should hold the Lei::islatur(' 
 1') the fullilment of its pledj^es to any and every subjec't of the 
 ."^'tate. It is the honour of the »State, and, throuj2;h the State, 
 tlie honour of the nation, that is tarnished by such acts as that 
 \.'hieh has left over a claim w^hich should hav(» })«'en settled 
 i:iore than fifty years aj^o, to ))e dealt with now in the truo 
 >i)irit t>f national honour and public (uot Ptniir) faith: or to be 
 li mded down throu<:;h history as a monument of parliamentary 
 injustice and national disgrace.] 
 
 CONCLUSION. 
 
 The facts co)inected with the orighi and history of the Bou- 
 chelte claim are susceptible of comj)ression into very few 
 words : The Legislature promised to pay him a stipulated sum 
 lor a stipulated amount ol w^ork. He did the work (and 
 more;, Init received only one-third of the promised reward, the 
 payment o'l the balance being shirked, though not repudiated. 
 That, in consequence of this, he died involved, after having 
 sacrificed large and valuable properties to satisfy the claims 
 ii gainst him, proves that his estate was materially injured, 
 l>eyoud the actual amount withheld from him, and it ought, at 
 L'ast, to quicken the steps of justice in paying what is actually 
 <lue — i.e., the original debt of J£1,000, and interest ; or, at least, 
 reasona])le compensation for deferred payment. 
 
 It has betMi remarked to the w^riter, in conversation about 
 this claim, that as tw^o of the late Colonel IJouchette's sons had 
 been placed in high office in the civil service, it was considered 
 that his heirs had been fairly compensated. One can scarcely 
 imagine a more complete non sequitur. Among the many 
 answers to this proposition which readily occur, the following 
 may b(^ noted as conclusive proof of its fallacy : 
 
 1st. 
 was 
 sacril 
 havir 
 been 
 comn 
 thatl 
 tolly 
 
 2nc 
 equi^ 
 
 to \TC 
 
 the s» 
 
 To 
 need] 
 But li 
 has h 
 know 
 men 
 draw 
 in rel 
 
 Th 
 of th 
 the r 
 chett 
 and t 
 cism 
 
 Th 
 heirs 
 " rec 
 
 Tl 
 "mo 
 
 Tl 
 "sc 
 "ch 
 "Pi 
 "ch 
 "b 
 "tei 
 "d 
 "til 
 
 T 
 tion 
 "aci 
 "re 
 "Pi 
 "B< 
 
 "yt 
 
 "Z. 
 
 "in 
 
 e 
 
13 
 
 I 
 
 1 
 
 t and moiu'y. 1st. Had Colonel Bouchette been paid the money when it 
 vide evidence was due, he would have been relieved of the necessity of 
 lit had (^vevy sacriliciiii^ a most valuable landed property, and instead of 
 ouchette was havini!; been involved at the time of his death, woukl have 
 Jommittee olbeen comparatively wealthy, and, therefore, the better able to 
 at the " peti- command, for his .sons, the positions they attained. To infer 
 Jommittee ol that his or their wealth would have barred their jn'omotion is 
 and for thf to lly in the face of all experience. 
 
 ly })efore the 2ud- To a.ssume that the holding of office by them is an 
 Legislature}" equivalent for the debt due to their father's estate is virtually 
 lose laws they to impose upon them the obligation of paying their father for 
 e Legislaturii' the services he rendered to the country ! 
 
 ubjecTt of the To controvert the above proposition further seems utterly 
 uii the State, needless ; indeed the writer would not have noticed it at all 
 h acts as that But because of its oddity, and its being the o?//t/ objection he 
 been settled has heard urged against the claim ! To enlarge upon the well- 
 \v in the truo known and universally acknowledged efficiency of the gentle- 
 aith: or to ix-meu referred to would !)e equally out of place here, since they 
 parliamentary draw their salaries, nut in lieu oj the debt due to their fidher, but 
 in r^'turn lor the services tliey render to the State. 
 
 The press is generally a fair exponent of the calm .judgment 
 of the country, especially upon questions that do not inllame 
 th«' popular feeling or excite party pn^judice. Colonel Kou- 
 chette's claim has received freiiuent notice in Canadian, journals. 
 and the writer does not remember to have ever seen one criti- 
 cism adverse to its justice. 
 
 The Ottawa Times has aflirmed that Colonel l^onchette's 
 heirs, '■ by every principle of law and eiiuity. are entitled t(» 
 "receive it." 
 
 The Ottawa Citizen characterizes the case as "'one of th<- 
 "most unaccountable and curious instances ol" v/thho/dim: 
 ry of the Bou- *^ju!^fi<'f' which we ever rennmibtn- to have seen n^corded." 
 into very few The Volunteer Review is very^ emphatic. It says: •' Tlie 
 stipulated sura " scandalous manner in which he (Colonel Bouchette) was 
 le work (and " cheated by the peddling House of Assembly of the Lowr 
 ed reward the "Province is so notorious as to l)ring a blush of shame to tlv 
 ' " ' ' '■ ' . r. n- - ^ij gj.jtjy|^ America h: s 
 
 vices of the gallant Liei> 
 ..fy the claims "^^^^'^^^^■^**^^^^**^- '"^^^^ ^"^ idnaaa should imi/ a debt to his 
 rially injured, " descendants which pettifogging humbugs denied to one of 
 nd it ouo-ht at " ^^^ h{"!->i and greatest men this country has seen." 
 hat is actually ^^^^ Canatliau Illustrated Neirs had the following in conne - 
 it • or at least ^^**" with a Imef memoir of Colonel Bouchette : " One of thos ' 
 
 ' '' '"acts of national ingratitude of which history unfortunately 
 
 ersation about "Te<^oi"ds so many instances, may very justly be charged to th^' 
 ette's sons had " Pi'ovince of Lower Canada, in its treatment of the late Joseph 
 vas considered " Bouchette. The wrong so palpa})ly done him may, however, 
 6 can scarcely *' y^^ ^'^ partially repaired,, by honestly compensating his heii s 
 ^lo" the many "-^*' ''''"^ ^^^^ inflirJed upon his estate thronixh. the bad faith oft!" 
 
 tne following' *' Legislature but the State is not supposed to die, and 
 
 ' " "injustice which, through prejudice or misconception, it mj y 
 
 ed reward the x lovmce is so notorious as to mnv^ 
 
 ot repudiated. " cheek of every honest Canadian.^ 
 
 after having " benelitted by the labours and sen 
 
 sfy the claim's "*^^^'^^^*"^'**^^^^**^- '"^^^^ '"'' Canada s 
 
 -■■ ii', 
 
r 
 
 14 
 
 • work in one generation, it is competent to atone lor and repair 
 •• in another.'' 
 
 The yt, John's Neirs thus puts the case : "In ordinary tvans- 
 
 • actions this claim would admit of no discussion. It would W 
 '• paid down. Shall the Government refuse this .simple (act ot') 
 
 ■ justice to which it is pledged — and in hieinoriam of a truly 
 
 ■ distinguished patiiot and scientist ? " 
 
 The Quebec Mornin};' Chronicle reviewed the ease at con- 
 >iderable leii«^th, when Mr. Joseph Bou(liettt*'s petition VAas 
 laid before Parliament last year, and in the course of its remarks 
 
 said: " There is disclosed no question of y/tere (///Y// 
 
 "on the one side and ii;ralitude on the other, but it resolves 
 
 ■ itself into this, a contract entered into deli])tM-ately and \ oluu- 
 "■ tarily l)etween the two parties ; a contract which every honest 
 " man must consider lethal and bindins; on both ; in which the 
 '■ one party faithlully and efficiently fullillcd his part, and the 
 •■ other has hitherto most uujicitifuibli/ failed '^ 
 
 After the lapse of more than half a century since it was 
 incurred, it is surely time that this debt should be paid. It is 
 a public ol)ligation, the discharge of which is demanded alike 
 in the interests of justice, public^ morality and the national 
 honour. 
 
 !l 
 
 'act 
 
 'has 
 ' Wor( 
 ' ap 
 
 «:^ 
 'of 
 <doc 
 ' top( 
 •of 
 • Brit 
 ' abri 
 ' whi 
 ' on 
 
 'of 
 
 ' wbj 
 ' att^ 
 ' ext 
 'Gr: 
 ' me 
 
r and r«'pair 
 
 iiiary traiis- 
 1 1 would b«» 
 iple (act oi") 
 of a truly 
 
 APPENDIX. 
 
 Ill 
 
 ease at con- 
 
 petition was 
 
 r its lemark.s 
 
 of mere duti/ 
 
 ; it resolves 
 
 y and volun- 
 
 every honest 
 
 in which the 
 
 l)art, and the 
 
 snice it was 
 paid. It is 
 nanded alike 
 the national 
 
 Exlrw is from iht Journulu of th»: Ltytsluiive A.iKii/tlili/ of lAiwer Canada, in 
 refh'eiire to the claims uf the lute Joseph liotuheite, Surcei/or- General, 
 for indemnity refeired to in the pie<ediny pays. 
 
 AITENIHX A. 
 
 liepoit if Special Committee, 1')/// March, LSI'.*. 
 
 ," Your Committi'e huve attentively examined tlie allegations of the sai<l 
 '• Petition, and find tliem irener.dly su|t})OitO(l by the evidence on thf 
 "Journolsof the House and the ex.imination oi' the witnesses, reported 
 " by Special Committees on the 4t]i Maich, l-IT. and llith .fanuary, I>1--. 
 
 '•Your Conmiittoo is of opinion that allhough the lie>ohition of the 
 •'Committee of the Whole House, of the l.'3rd February. 1^14, was not 
 ''acted upon during that Session, which terminated on the ITth March 
 '' following, yet the said resolution m.iy have induced Mr. Bouchette to 
 "expect assistance from the Legislatuie to that amount for the })ublica- 
 " tion of his maps, antl contributed to his proceeding personally to 
 " England in the en>uing summer for the purpose of superintentling a 
 "work honoured with such flistinguished patronage. 
 
 " Notwithstanding the grant of £.5(.XI which was made to Mr. Bouchette 
 " during the ensuing ."Session of the .\ssembly, your (,'onimittee tind by 
 '* the (aforementioned evidence that he has actually been a loser f>y the 
 " publication of his maps and topographical account of Canada. Your 
 '' Committee, however, will not take upon itself to [>ronounoe that any 
 " further pecimiary compensation ought to be made to Mr. Boucliette out 
 " of the puljlic money : it is, however, of opinion that it would be an 
 " act of justice to that gentleman, now that a work which the F>egislature 
 •' has une<iuivocally patronized is completed, should that work be found 
 " worthy of stich patronage, to allbrd the author some public, mark of 
 " approbation. 
 
 " Mr. Bouchette has submitted to yotir Committee original document.^, 
 " of which the papers annexed. A.. 1 to G inclusive, are true copies. These 
 "documents, in the opinion of your Committee, show that the maps and 
 •' topographical account of (^anada have been judged favourably of by some 
 " of the mo.-<t distinguished and most competent authorities in (ireat 
 " Britain, and in this point oi' view they must have contributed to establish 
 "abroad a favourable opmion of tlie talents of the natives of Canada, 
 " while they also disseminate in the mother country additional information 
 " on the resources and importance of the Colony. 
 
 " Your Committee is of opinion, considering the premises, the situation 
 " Of Mr. Bouchette as Surveyor-General, and the probable advantage- 
 " which must result to the Crown, as well as to the Province, from the 
 " attention which Mr. Bouchette's \vork will naturally draw to the vast 
 " extent ot waste Uuids therein, that it would be expedient to address His 
 " Grace the Governor-in-Chief, praying that he would be jjleased to leconi- 
 •' mend Mr. Bouchette for a grant of the waste lands of tlie Ciown." 
 
T 
 
 
 ! 
 
 1»> 
 
 apim<:ndix 15. 
 
 On the IT/A April, ISl'.t, hi Committee of the Whole House it w(i.i 
 
 " Ilesohed. That an huniMe address be presented to His (hace tl. 
 '• (lovemor-in'/hief. ropreHenting tlie iniiiortniio*> ol" the (leogrnpliiotil iin 
 »» Topographical Mstp- of .lo>epli I'.ouclietto. E.s(|uiro, Siiiveyor-<ienei:i 
 *' and of the los<e.- h«- lias su-taiiied in putilishing tht^m. repiosi'uting al- 
 " the importance of tiiose innps, liotli to His Miijestys (Jovernnient and t 
 " the rrovince at large, and piaying His (irace would he pleasod to tak 
 " the whole into <'<>nsiderati<>n. and would Ik; pleased to indemnily him t' 
 '» his servii-e- and Iosm's l)y >iii'h grant of the lands of the Crown as II. 
 " (irace in his wisdom may think tit." 
 
 Ari'ENDlX C. 
 
 MtMtaije ffim the Gocenior-in-ChieJ', 2'^ih Fel>ruar>/, l^'2\. 
 " Dai-hocsie, GovKKxnu. 
 
 " The Governor- in -Chief calls the attention of the Ifnuse of A.s<emM 
 »• to the importance of the Geographical and Topo<^rapIiical Maps made 1 
 •• Joseph Bouchette, Esquire. Surveyoi-Geneiai, who states to ha\ 
 " sustained a consideraMe loss in publishing them. 
 
 •• The Governor- in -Chief is of opinion that Mr. Bouchette's claim is jn 
 •' and reasonabU, but does not approve of remunerating him by a grant ■ 
 " lt>nd, as was projtosed by the address of the Assembly of the 17th Apr; 
 " 1S19. The Governor-in-Chief therefore tru>ts the House of Assenilii 
 " will enable hini to meet that claim, 
 
 '•Casti.k ok St. Louis, ) D. 
 
 •• Quebec. 2^th February, isiil . ] (i." 
 
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 APPENDIX D. 
 
 Jleport of the Committee to which the forcgoimi Message was referred. ' 
 
 March, iSl'l. ' 
 
 " Your Committee, after full consideration of the matters referred, ai 
 " of opinion on the former, that .Iosei)h Bouchette, Escjuire, Survevn 
 '' General, hath made and published (Jeographical Maps of the Proviu' 
 " which are of important utility to His Majesty's Government and to tl 
 " Province, and that in the publication of those maps he hath incurit 
 " and sustained considerable losses, and taking into consideration th 
 " recommendation matle by the House of Assembly of the Province t 
 " His Grace the Duke of Richmond, Governor-in-Chief in 1819, and tL 
 " sentiments expressed at the time by the House, relative to the service 
 " and losses of the said Joseph Bouchette, your Committee are of opini' 
 *' that there ought to be granted unto him a sum of £1.000, as well a.s ; 
 " indemnify him for the losses he hath sustained in the ijulilication of h 
 " maps as to encom'age tilent and useful undertaking in this Province." 
 
 APPENDIX E. 
 
 HorsK OK AssKMitr.Y, February 14th, 1827. 
 
 " Mr. Laterriere, from the Si>ecial Committee, to whom were refeir- 
 " the entries in the Journals of the House relating to Joseph Bouchett' 
 " Esquire. Surveyor-General, reported that the Committee had come to n 
 
 Ci,. 
 stBte( 
 
 In 
 Mem 
 Comi 
 of .M 
 Cana( 
 dred 
 was 
 eight 
 the \ 
 was* 
 perft 
 up t( 
 ceC' 
 
 <M 
 •' on 
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 Ti 
 exan 
 
 Q 
 
 acco 
 
17 
 
 I'luse it was 
 
 His Grace tl 
 
 oograpliioiil aii 
 
 II veyoi-fieneii 
 
 eprosciiting al- 
 
 vernnient ami t 
 
 jtleasod to t;!k 
 
 lerniiily him !' 
 
 10 < 'rown as II 
 
 .'/- 
 
 Wl\. 
 
 mse of As<emlii 
 
 ^al Maps made I 
 
 htiites to ha\ 
 
 tte's claim is _/(/ 
 him by a grant ■ 
 3f the ITth Ajii'i 
 )use of Assenilii 
 
 <« opiition tiiPreon. which he wa.s diiectod to submit to tiio [lou.'ie when- 
 <' ever it shall be pleased to re<*eive the same; and he read the Report in 
 <' his place, and afterwanis delivered it at the rierk's table, where it was 
 «' again read as foUoweth : 
 
 " Your Committee, having examined the Bevoral Reports of the Special 
 "Committees to whom Mr. Bouchette".s petition was referred, and tlm 
 « .several proceedings tliereupon, an<l having also examineil .several 
 <' witneHses, the minutes of whose evi<lence are hereunto subjoined, have 
 ■'* agreed t<> make the following report: 
 
 " It appears to your Omimittee that the said -loseph Bouchetto, Esquire. 
 *» Surveyor < ieneral of Lower CVmada. has made and published (roographic d 
 " Maps Of the I'rovince. which are of important utility to Ili.s Majesty :• 
 <' (fovernment. and to the Provinces at large. 
 
 " That m the publication of those Maps he has incurred considerabi.* 
 •expenses, and .sust iiue<l great losses, and applied much labour, industr. 
 "and- skill. 
 
 '• Your Commiitee. taking into (consideration the ciicumstances undo • 
 " which this undert.'ikinv' was conuuenced, the manner in which it w.ts 
 " completed, and the reconunenilation made by the FFoiise to His (;r.'<'"e 
 " the Duke of Richmond, <fovernor-in< 'luef of this Province, on the K'li 
 " April, one thousand eight hundred and nineteen, that t'ne Petitiouoi' 
 "should be indenmitied for his services anrl losses; taking also into coii- 
 "sideration the Mess.ige of His Excellency the E.irl of Dalhousie, of the 
 " 2Sth of Fel)ruary, one thousand eight hundred and twenty-one, are of 
 " opinion that there ought to Ije granted unto the said Petitioner, the ^um 
 "of one thousand pounds, as well to indenniify him foi' tlie looses he h;i.s 
 "sustained by the publication of his said maps, as to encourage talewt uid 
 " u.seful undertakings in this Province." 
 
 MINUTES OF EVIDENCE. 
 
 I was referred, ' 
 
 tters referred, .'n 
 ilsrjuire, Survey d 
 is of the ProviiK 
 nment and to tl, 
 i he hath incur le 
 consideration tli 
 r the Province t 
 r in 1819, and tL 
 ve to the serviof 
 tee are of opinii' 
 1.000, as well as t 
 publication of li 
 1 this Province." 
 
 ruary 14th, I8l'T. 
 
 lom were refern- 
 Joseph Bouchettf 
 ;ee had come to a 
 
 Ci-AruK Dkxkchai', Esquire, appeared before your Committee, ;iu I 
 stated as follows : 
 
 In the Session of (.)ne Thousand Eight Hundied and Fifteen. I was a 
 Member of the Ilouse of A-.sembly: I liappened to l)e Chairman of the 
 Committee of the Whole House on Mr. I'.ouchette's Petition for a (iiant 
 of Money in Aid of liis Enterpiise of Pu'olishmg a (ieneral Map of Lower 
 Canada. The sum granted, as will appear l>y the Statute, wa.s Five Hun- 
 dred Pounds, which, it was generally understood by the Members pre>ent. 
 mts in part payment of the Fifteen Hundred i'ounds voted in one thoucand 
 eight hundred and fourteen. When tlie Five Hundred I'ounds were voted 
 the work was then going on. and the balance of < »ne Thusand Pounds, it 
 wan understood, was to be paid when the woik should be completeil. I 
 perfectly recollect that the then S2)eaker, tiie Honorable I. A. Panet. came 
 up to me as I was leaving the chair of tlie Committee, and as he was pi-o- 
 ceeding to resume that of the House, said to me: 
 
 " C'est bon, on donne a M. Bouchette les cinii ^-'cnts louis. et s'il reussit. 
 •• on lui donnera les mille autres louis, car louvraire sera hien interes.-ant 
 " pour le pays." 
 
 Thom.\s Lek, E.squire. tlien appeared before the Committee, and w:ts 
 examined, as follows : 
 
 Q. Have you any knowledge of the circumstances which led to unl 
 aooompanied the application ol' Mr. Bouchette. Surveyor-! ieneral of tl.j 
 
 3« 
 
18 
 
 rrorinee. to tho Uou*e of A^nemMy. for a sum of money to aid him in the 
 {•ubiication of hif <iener.»l Map of the ProTince? 
 
 A. I wa«, in tlie year one thcmsanrl eight hundred <ind thirteen, a Mem 
 Ler of the IIouj»« of A*semMy for the County of Northunil^erliiud, iind 
 continue<l <>o till one thou^'ind eight huiidrd and .«ixteen. I ret^oUect 
 tiiat in the Sen^ion of <>ne TliouHand Ki^ilit Hundred and Fourteou, tho 
 8uhject of a General Flan of the I'l-oviiK-e came under discua^iion in :i 
 Committee whereof Mr. Papineivu, Mr. Taxhereau and myself wero 
 members. We i»roj>o-e^I to »end for Mr. Bou«'hetie. Surreyor^ioneral ol 
 the I'rciTince, au the titiest ]>er»on to give corre<'t information on the 
 subject. Mr. I'apiueau. in the course of the oonversati<^'n. hearing, as 
 well a-* 3Ir. Taahereuu. that Mr. Bouchette liad actually made u Map ot 
 the <1iy of (^el>e<-. and which he exhibite<l to us. aake<f Mr. Boucliette if 
 it wa.* iKWsible to make a M.ip of the Wh<^le I'rvvince upon a reducetl 
 7>cale. Mr. Bouchette unaweied that if the uiean« were atrordeil him it 
 could >« easily done, and that he even would extend th:it woik to-muc-ii 
 adrmtage. That he wu,« in po.'se.».sion of nutny plan^. of wliich he had 
 made a collection for &evend vt-ar^ pa.si. L'jion thi« Messieurs rapineuu ami 
 Tushereau and I in'juired into the probable expense of surh an under 
 ttkuig. It w;is then a.-ke4l of Mr. Boucliette if «.»ne Thou.sand Fivt- 
 Ilmidied roim<L- would defray the expen.se : to which Mr. Bouchette said. 
 if the Lejrislatuie gr.tnted hiiu < »ue Thous.ind Five Hundred I'ouiids In- 
 would readily undertake the work. The !iui>»e>|Ueut proceedings on tlii- 
 subject will be found in the Juumuls ot the Huu»e. 
 
 Q. Have you any knowledge that Mr. Bouohette. after the passing of tlic 
 re.-olution of one thousand eiglit hundred and fourteen, travelled thiougl, 
 the Province with a view of obtaining more correct infumuttiou of its to^io 
 graphy ? 
 
 A. I have a knowledge tliat he gave himself a great deal of trouble in 
 vi-iiing the dill'eient part.- of the i-ouniry. for the purpose of obtuininj: 
 infoinuaion to be employed in rendering his maps more accurate, aiiii 
 eiuible him to give the topogr;iphi»'al account of the Province of Lowii 
 < anada. which he ulterwanU gave with his work. 
 
 Q. Did you luiderstand that his topographical work was to form any 
 part of the con.sideration for which the « »ne Thousand Five Hundre'i 
 Poimd- were allowed ? 
 
 A. It was undei-stood that an explanatory pamphlet or memoir was t' 
 accompany the map : in>tead of which Jlr. Elourhette gave the topogni 
 phical historical work wliich is now before the public. 
 
 Q. Did 3Ir. Bouchette lultil the above engagement which he had entereu 
 into? 
 
 A. He did more tlian in strictness he was bound to do. and more tUnr. 
 we had any right to expect. 
 
 Q. VN'hat were the circumstances luider which, in one thousand eigli; 
 hundred an<l tifteen. a sum of Five Hundred Pounds wa.s voted by tin 
 Ar-sembly to Mr. Bouchette, to aid him in the publication of the aforesai' 
 mentioned maps ? 
 
 A. Mr. Bouchette having left this Province in one thousand eigL' 
 hundred and fouiteen, and proceeded to England for the purpose u: 
 publishing hL« maps. 1 felt it due to him. without any particular licitu 
 tion on his part, to bring under the consideration of the House its rtsaolii 
 tion of one thousand eight hundred and fourteen, holding out to him tli- 
 assurance of ••ue Tliousand Five HunJrtd Pounds as an aid in that work 
 
19 
 
 lid him in the 
 
 teen, ft Mem 
 
 )>erluiid, ami 
 
 I recollect 
 
 'ourteeu, tho 
 
 unsion in a 
 
 mvseir wero 
 
 or<M»neral ol 
 
 atioii on the 
 
 n. iioaring, h« 
 
 lade u Map ot 
 
 Boiic}ieltc it 
 
 ■on a re<luce<l 
 
 fforded him ii 
 
 woi k to -mueii 
 
 wliich he hii<l 
 
 > raiiineaii .".ml 
 
 uch an under 
 
 riiou.sand Five 
 
 Koiichette said. 
 
 ltd rounds hf 
 
 liedings ou ihi- 
 
 passing of tin- 
 avelled tlirouj.'!. 
 It ion of its topo 
 
 eal of trouble in 
 ose of olituininj; 
 le accurate, and 
 ovince of Lowvi 
 
 ivas to form any 
 
 1 Five Hundre<i 
 
 r memoir was t' 
 ;ive the topogra 
 
 b he had entereu 
 
 >. and more that 
 
 i thousand eigln 
 «ra? voted l)y tin 
 I of the aforebtu' 
 
 thousand eiglr 
 the purpose o: 
 articular licita 
 House its ivisolu 
 g out to him tilt 
 uid in that work 
 
 and the sul je<'t w»» refeir^d to a ^'ommitte* of th** Wlmle IToiixe. After 
 disnisMioii it wai« agiee<l. ninioot unaniM)<iU'>ly. that the Huni of Five [{iin- 
 dred l'ouml?» should >•♦» irrante*! to Mr. H«»u hette. to meet his th<'n present 
 •xigencioH in tlie pt-OHecution of tiie work, uitli a lU'cideM undo. -^(uiiding 
 on the part of the Memhers of fhe ilou<e that the One Tlioasand I'onnds 
 thoiild he paid conformaMy to he resolution ot one thnuHand eight hun- 
 dred and fourteen, as soon iw the work sliould be completed. 
 
 AITEXDIX F. 
 I'ROVINCIAL PARLIAMENT OF L» •WEH CANADA, Feb. 10, 18JT. 
 
 MoCSK OF A.SSEMBI.Y — DkBATE-S — CoLONEI. BoLCMKTTK's CaSE. 
 
 Sft'tch (/ Andrew Stuart, Ktq., on Introducing the Meaiure. 
 
 Mr. A. Stuart said he would not trespass at any length ujion tiie time of 
 the House, but confine him-^elf to a simple statement of the i|uesiii>n, 
 wiiii-h would sutfu-e to e.stablinh the justice of the claim sul-mitted to this 
 House tiv Mr. Couchette. It w:i« not a favour wliii-h he expected at the 
 hands of tiie Mouse, but an art of mere justire in ISl.'], the want of 
 Iklaps of the country was much felt : the IIf>uso took up tiie (|uestion. and 
 it was resolved that it wa« expedient to vote a sum of i:!,.")(Kl for that 
 ol>jert, in view of the magnitude and imjiortance of the enterj>rise. whidi, 
 assuredly, wa« one beyond tlie resource* of a single individual. 'I'liis i~ what 
 ha<l l>een done umler similar circumstances, by our neighbours in tlie 
 United States, when the sever.d Legislatures had largely encouraged the 
 publication of similar Maps. In 1--14. Mr. I'.ouchette otf'ers to the House, 
 by Petition, to take charge of .-juch an undertaking, and rej. resents that to 
 accomplish it a -um of t:1..5<iii was necessary ; it was theieiipon resolved to 
 vote in Gener.al ('i-mmittee. in accordance with the re('ommen<lation made 
 by a Special Committee, of which two of the Honouialile Meniliers now 
 present wore members, the sum of t:i..')(K). This w.is a formal grant, and 
 It was in funliorance and under tlie ^v•ln(•tion of this grunt that Mr. 15ou- 
 chotte wont to Engl.ind. where he remained during two years, closely 
 engaged in the achievement of hi> arduous task, the completion of his 
 Map of the Country. The House had granted, by Bill, the sum of .£'»(ki. 
 It was a laudable prudence on the part of the House to have granted, m 
 this w.ay, but a part ot the sum vote<l. and to await the completion of the 
 work for the payment of the balance. It was not. therefore, until the 
 work was completed that Mr. Bo\ichette had presented lii- claim for the 
 balance of a sum which he did not ask at our hands as a chiU'ity. but as a 
 thing due in honour, after theple<lge given by the Hou.«e in the resolution 
 adopted In' it in (Jenei-al Committee. The House had never pronounced 
 itself agiinst the claim. All the Committees, on tlie contrary, to which 
 the matter has l^een referred, had all concurred in urging the House to 
 accede to Mr. Bouchette's application. The tjuestion wa.s unfortunately 
 always brought up towai-ds the close of the .Session : the multiplicity of 
 affairs had not permitted the Hou-e to take it up and come to a definite 
 conclusion on the subject, and the measxne had been lost for want of 
 quorum. The House was. no doubt, blameless for this residt — it w.is a 
 mere .accident. He (Mr. .Stuart) could not for a moment believe that there 
 was m it any design, and that it proceeded from tlie apprehension of a 
 majority. The existence of such a motive must be rejected as equally 
 degredatory to the House and to individual members. He would dwell 
 no longer upon the subject, and would leave the House to determine 
 whether a useful and laliorious citizen, who h.id devoted his talents to the 
 advantage of his country, deserred well of the coimtiy so served. 
 
i 
 
 Th 
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 14th: 
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' LlEUT.-COLONEL JOSEPH BOUCHETTE, 
 
 SURVEYOR-GENERAL, L. C. 
 
 The late Joseph ]jouchett«», who held distinguished rank and 
 perl'ormed most important duties in the Naval, Military, and 
 Civil 'Services oi' his native country, was bom at Quebec, on the 
 14th May, 1774. His father, Commodore Bouchette, was also a 
 native Canadian, and a subj»-ct of France until the cession of 
 Canada to the British Crown, when, after the establishmc^nt of 
 peace, he, like the. great majonty of his countrymen, accepted 
 the new allegiance, and he was soon afterwards appointed to 
 an imx)ortant <.'ommand on the I'pper Lakes. An incident in 
 his career, during the American revolutionary war, 1775-t), is 
 deserving of mention, as proba))ly to his sagacity and 
 intrepidity were due the pres<'rvation of the Canadas to the 
 Crown of England. At the time while Arnold and Montgomery 
 weri^ besieging Quebec and bent on '" the taking Gtmeral 
 Carlton" — an event which would have rendered surrender 
 inevita])Ie— the (lent^'al (Lord Dorchester^ disguised as a 
 Canadian, got al)oard Commodore Bouchette's ship, and was 
 safely landed in the city. It was, no doubt, a dilHcult and 
 dangerous venture to make the trip from Montreal to Quebec, 
 with the emnny beinu" encamped on both banks of the river. 
 it is needless to add that for this gallant exploit Commodore 
 Bouchette was always held in the highest I'avour l)y Lord 
 ] )orchester. 
 
 Joseph Bouchette shewed great aptitude for study, and was 
 vemarkal)ly proiicient in geograpliical jaap and landscape 
 drawing. At tht' age of sixteen he ent«M'ed, as draftsman, the 
 office of his unc'le, Hon. Major Holland. \\^ho was then 
 Surveyor-General of British North America. In 1791 he entered 
 the navy, and served on the Great Lakes until 1790. In 1793, 
 when l)ut nineteen years of age. he gave prool' of his genius 
 and intrepidity by attempting to raise the Commo lorii's Hag 
 ship the Ouondaira, carrying 14 guns, which had been sunk oil" 
 York harl^our and abandoned a.s lost. In this eltbrt, after the 
 most vigorous exertions, he was successful ; and taking com- 
 mand, sailed her inh; Niagara harbour, amid the plaudits of the 
 garrison and town^peopTe, \' ho had assembled to give him 
 welcome. This saved triariy thous^mds of- pounds to th(^ 
 Government, andw.dni'or young Bouchette the .rank of second 
 
 :;a 
 
22 
 
 Lieutenant. While in command of an armed vessel, up u 
 17%, he continued to make surveys of the most importam 
 nature on Lake Ontario, for the information of the government 
 The navy having been reduced, Lt. Bouchette receive! 
 unsolicited, a Lieutenant commission hi the Canadian Voluii 
 toers, v^ith which he continued in connection until 1802. 
 
ssol, up t( i 
 importaw ^ 
 ovtn-nmeiil 
 ^ receivxl 
 liaii Vohiii 
 1802.