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The Lieutenant Governor will certain- Thin the Lt. Got. ly not hesitate to avail himself of this pow- luoiuSyVeMwary er, should he ever feel it his painful duty to do so, but he considers it would not be a fruitful application of his time, were he now retrospectively to attempt to deter- mine, whether these individuals ever had or had not opposed any measure of the Government of his predecessor, who is re- sponsible to His Majesty alone, for his de- cisions. He, therefore, feels ho is bound, ^°^ *■ 'j?'**, °^'* t% .1 ^ 1 • 1 were not diBm'd by injustice, to inter, that as his predeces- his pred'r, must infer Bor did not see occasion to dismiss these that they acted in a© rt. .1 • A* • r*» i 1 cordancewith royal oifacers, their continuance m ofnce up to the inatructiona. present date, is in strict accordance with the spirit of the Royal instructions, which never required that these gentlemen should inflict upon themselves the penalty award- ed, in case theyshould oppose the measures of the Government. 6th. The House of Assembly state, ,^®'JP**'^.^h^a*''* " that in reply to the representations of baUoVt^ The rSp!*of this House to His Majesty, against the com'rs on Canad* _ ... /• J.1- T • 1 !• y>t -1 affairs of 1828. composition of the Legislative Council, the despatch of Lord Glenelg refers *' with approbation to the report of the " Committee of the House of Commons, ** on Canada affairs, in the year 1828, and *' we cannot, by any possible ingenuity. (( t' <( Said rep*t 8l degp. not reconcilcable *^ withth« lata app'ti ^f to lag, council. (( (( (( (( ti a i( u t< <; The persons so a appt'd being opposed to the principles con " tained therein and to t( the wishes of a maj'y of the people, they *' therefore request co (< pies of the correspon dance respecting the " appH of those pers'ns a u it t( it « a tt > ik t« « tt 8 reconcile the principles laid down in that report and that despatch, with those acted upon in the recent appointment to seats in the Legislative Council, (if we may believe general report,) inasmuch as all those said to be lately appointed to the said Council, who were members of the last Parliament,(inc]uding the gentle- man who has, during the present Session, already taken his seat,) took a most con- spicious and prominent part in the con- temptuous proceedings on the Earl of Ripon's despatch ; which a reference to the Journals of this House will most am- ply shew ; and all said to be so appointed, have always been understood to be vio- lently opposed to the principal measures of improvement and policy, so long re- quired by a large majority of the people ; thereby increasing, if possible, instead of diminishing the great obstacle to the re- form necessary to be accomplished, in order to secure to the people of this Colo- ny, peace, happiness and prosperity, and the full enjoyment of their civil and religious riglits and privileges. We therefore desire to obtain copies of any communications between the Colonial Office and the Government of this Co- lony, relating to the late appointments to the Legislative Council, or those of any other persons whose appointments have not been acceded to, or confirmed by the King ; and to be informed who, among those lately appointed, have ta- ken the oath as Legislative Councillors, and who, if any of them, have declined accepting of the appointment; and we <; (( (( (< 9 *' request Your Excellency as early as may be, to call upon any such as have been so appointed, either to accept the said appointment, and take the neces- sary oath, &c. or to decUne the same." As the Lieutenant Governor is incom- petent to judge of the principles which re- gulated the conduct of his respected pre- decessor, it is totally out of his power to attempt to reconcile to the House of As- sembly, the recent appointments to the Legislative Council with the report and despatch alluded to by the House of As- sembly. But, although these appointments are the prerogative of His Majesty, and although the recommendations from which they proceeded ought not to transpire, the Lieutenant Governor nevertheless trans- mits to the House of Assembly, according to its' request, '* copies of any communi- cations between the Colonial 0(hcc and the Government of this Colony relating to the late appointments to the Legisla- tive Council, or those of any other per- sons whose appointments have not been acceded to or confirmed by the King" and moreover the Lieutenant Governor in- forms the House, that those gentlemen who have been lately appointcid, have been already required to take the oath as Legislative Councillors. 7th. The House of Assembly states " We therefore trust that Your Excellen- *' cy will take immediate steps in fultil- *' ment of the gracious wishes of the King, ** to carry into effect his benevolent inten- *' tions, as desired by the great body of ** the people of this Colony, by calling up- AIso, t0 know if thoy Imvo taken ths oath Sec, and roquea tiiigrthoy may be cal led to do 8o or de- clino the marno. Lt. Gov. not coin potent to docide on tlio conduct pursuod by his predecoMor. These appt's th« prorog. of the King and altlio' not nsua.1 ly done, his Exc'y trans)nits copies of the corres. request'd. tt <; ik it a ii. The persons recent ly appt'd have been ro(piirod to take the oath. The llouso trusts Mis Exc'y will call upon thcB'p («f Uegi opoli8)tto theC. 'Cy. \ ii H. 11 *• His Majesty, through His Excellency " Sir John Colborne, which resolution was '' reported to this Housej by the Finance " Committee, and adopted by the House '* as containing our views on the import- " ant question of the appropriation of the '* proceeds of the natural resources of the " country, by the Legislature, and strong- " ly remonstrating against the charter and " improvident sale to the Canada Compa- »' ny, which has proved, and is likely to " continue to prove, exceednigly injurious " to the Province." In answer to the above request, the Lieutenant Governor re-assures the House of Assembly, that he has received from His Majesty's Government, no other infor- mation or instructions on the subject be- yond what he has already communicated. 10th. The Lieutenant Governor transmits herewith, to the House of As- sembly, according to its request " Copies ** of answers to anv other resolutions or " addresses of this House transmitted to '* HisMajesty by its order." llth. The House of Assembly re- quests the Lieutenant Governor to trans- mit copies " of correspondence between " His Majesty's Government and the Gov- ** ernment of this Province, especially re- ** lative to the address reported by the " committee on grievances and adopted " by this House on the complaint of an " outrage on William Forsyth of the Nia- " gara Falls hotel." In reply to this request, the Lieut- enant Governor informs the House of As- Tho Lt. Gov. ro^ assures the IJoum that he has rcc'd no further inform'n or instructiouB. The Lt. Gov. trans mits answ'rs to other addrefc's of the house. The House requests corres. relative to the case of M«". Forsyth. This eaMiiew im Aex consid'n and de cifion will be' made 12 li;.i' ].rt m m li .,:3l The Lt. Gov, trans mits copy of Sir J. C's despatch of 12th September last. The desp. dated 16 Sept. His Ex'y is not at liberty at present to transmit. known to the House sembly, that the case of Mr. William when received. Foisyth, with the docuiiients relating to it, are at this moment under the consi- deration of His Majesty's Government; and that as soon as the Lieutenant Gov- ernor receives His Majesty's final deci- sion, it shall immediately be communica- ted to the House. 12th. The Lieutenant Governor trans- mits to the House of Assembly according to its' request " the copy of the despatch " of His Excellency Sir John Colborne to " the Secretary for the Colonies dated the " 12th of September last." — The des- patch dated the 16th containing His Ex- cellency's observations on some of the to- pics embraced in the Seventh Report on Grievances, the Lieutenant Governor can- not transmit without the sanction of the Secretary of State. 13th. The House of Assembly re- quests the Lieutenant Governor, to trans- rait to the House *' copies of all other com- " munications between the Colonial office *' and the Executive Government of this " Province, on matters of public or gene- " ral interest to the inhabitants of this " Province, since the period of the gene- ** ral election of membeis to serve in the " House of Assembly, and referred to in " the despatch of the Secretary of State, " sent down to this House on Saturday " last, as being for Your Excellency's gui- *' dance and instruction." rru rs . IwL reply to this request, the Lieu- The House must ^ j. r-t ^ "^ i x ^i tt r feel that it was not tenant Govcmor observes to the House ot the intention of Hia Asscmblv, that in his instructions alluded M'i Gov. to divulge ., "^.i n jr-r *« one branch of the to, he ccrtainly was referred lor iniorma- The House requ'sts eorres. in all matters ofgen'l inter't to the Prov. ref d to in des. cent down to the ff . on Saturday last. 13 tion by the Colonial minister, " to the cor- •' respondence of my predecessor and my- '' self with the Officers wlio have succes- " sively administered the provincial gov- ernment" but he is sure the house will feel that it was not either the intention or wish of his majesty's government that the Lieu- tenant Governor should (as requested by the house) unreservedly and without even a specification of the documents desired, divulge to one Branch of the Legislature, a voluminous correspondence which from its nature, must unavoidably relate to ma- ny questions belonging exclusively to the other two branches; but must also una- voidably contain subjects of a strict confi- dential nature, besides others, the publica- tion of which would merely tend to revive by-gone discussions. The Lieutenant Governor takes this opportunity of appealing to the liberality and good sense of the House of Assembly for consideration, that, as a stranger to this Province, totally unconnected even with the political differences which have existed in the mother country, he has but lately arrived here, entrusted by our most Gracious Sovereign with instructions, the undisguised object of which, is, firmly to maintain the happy constitution of this country inviolate, but to correct cautious- ly, yet effectually, all real grievances. The House of Assembly is deeply in- terested in the importance and magnitude of the task he has to perform — and he is confident it will, on reflection, be of opinion that the Lieutenant Governor of this Pro- vince had better look steadily forwards to Leg. corres. relating exclusively to the U other branches, some of which would onlj tend to 'revive bjr- (^une discussions. The Lt. G'r appeals to the liberality and good sense of the H. of A. for the consid eration of His Exy's recent arrival in this Prov. and the impor tance and magnitude oftho task he has to perform. f ■:■ I : il'm attention to tli« future proepority of the Prov. precludes his occupying hinis*f with the occurrenceg of the pant, to attend to botii impossible. The Lt. Gov. trans mits a statement of the proceedings ta*n by the Gov't relative to a "defalcation" by the late col. of the Port of Kingston. 14 its future prosperity and improvement — that he had better attract into Upper Ca- nada the superabundant capital and popu- lation of the mother country, by encou- raging internal peace and tranquillity — than to be observed occupying himself on- ly in re-considering the occurrences of the past The Lieutenant Governor does not assert, that the latter occupation would be totally useless, but he maintains, that the former is by far the more useful, aud that to attend to both is impossible. 14th. The Lieutenant Governor transmits to the House of Assembly ac- cording to its' request ** a statement of the '* proceedings and steps taken by the Gov- ** ernment relative to a special matter con- " tained in the third report of tho commit- '* tee on finance of last session in refer- " ence to a defalcation of monies by the ** late collector of the town of Kingston, ** which defalcation? had for several years ** been reported and appeared in the pub- " lie accounts, but which was omitted to be *' stated by the Inspector General in the " last acconnts sent down to this House " without any authority to do so from the ** Legislature." Government House, ) M I5th February, 1836. DOCIJMEXT8 ACCOMPANYING MESSAGE. Copy. No. lis. Downing Street^ \ 6tli March, 1833. ( Sir, By tliG accounts I have lately received of the proceedings of the Legislature of Upper Canada, I have learnt that the Attorney and Solicitor General of that Province, have in their places in the Assembly taken a part directly opposed to the avowed policy of His Majesty's Government. As members of the Provincial Parliament Mr. Boulton and Mr, Hagerman, are of course bound to act upon their own view of what is most for the inter- est of their constituents and of the Colony at large, but if upon questions of great political importance they unfortunately difiTer in opinion from His Majesty's Government, it is obvio«&that they cannot contmue to hold confidential situations in His Majesty's service without either betraying their duty as members of the Legislature, or bringing the sincerity of the govern- ment into question by their opposition to the policy which His Majesty has been advised to pursue. His Majesty can have no wish that Mr. BoiHton and Mr. Hagerman should adopt the first of these al- ternatives, but on the other hand, he cannot allow the measures of His Government to be iiipeded by the opposition of the law officers of the Crown. In order therefore that these gentlemen may be at full liberty, as members of the Legislature, to follow the dictates of their own judgment, I have received His Majesty's commands to inform you that he regrets that he can no longer avail himself of their services, and that from the time of your receiving this despatch they are to be relieved from the duties imposed upon them in their respective offices. You will transmit copies of this despatch to Mr. Boulton and Mr. Hagerman. I have the honor to be, Sir, d(C. (Signed) GODERICH. M. General Sir John Colbprne, K. C. B. 6lc. &.C. &c. A true copy, J. JOSEPH. Attorney and Sol. Gcnoral« have oppo- sed the polic) of Hit Majesty's Govern- ment. As representatives of the people they have a riglit to act for the interest of tiieir constituents, but in such opposi- tion cannot retain their ituationa. MeRFurea of Gov- ernment may not be impeded by Crown Officers. His Majesty can no longer avail him- self of their services Copies of this des- patch to be sent to Messrs. Boulton and Hagerman. 16 Cop J. No. 121. S:r, Du toning Street ^ •iOth March, 183 3.1 In reference to my despatch No. 118 of the 6th January last, I have the honor to acquaint you that Mis Majesty has been pleased to appoint Mr. Jameson to be Attorney General of Upper Canada. Mr. Jameson, lute Mr. Jameson has been for some time Chief Justice of Chief Justice of Do- Dominica, and I have every reason to think that you wiinica, appointed ■,, ^ i i . , .i. j t .< r ^ j Attorney General. ^^"^ "'^" "'^ ability and discretion ot great advantage to you in the administration of your government. He will take the earliest opportunity of proceeding to as- sume his duties. With respect to the office of Solicitor General it is considered desirable that you should enjoy the assis- Solioitor Goneial tance in that capacity of a gentleman possessed of te be taken from the local experience and already conversant with the pub- Bar of Upper Canada lie business of the Province. I have therefore re- ceived His Majesty's commands to desire that you will furnish me with *'je name of some gentleman belonging to the bar of Upper Canada, who may be submitted to His Majesty as a fit person to receive the appoint- ment of Solicitor General. You will of course lose no time in making to me the necessary communication on this subject, and in the mean while you will proba- bly deem it advisable to confer an appoiatraent to act as Solicitor General on the same individual whom you may recommend to fill that office permanently. I have the honor to be, Sir, &c. (Signed) A true copy^ GODERICH. J. Joseph: M. General Sir John Colborne, K. C. B. &c. &c. &-C. Copy. No. 1. Upper Canada^ > York, 31st Jan'y 1832. j My Lord : In forwarding this addres to the King from Conduct of Mr. the House of Assembly expressing their attachment to Mackenzie calls forth jjjg Majesty, and their gratitude for the happiness an address expressive i • i . •' • j i ^i • /s i t ^u- i -^ of attachment to His ^^'^h is enjoyed by this Colony, I think it necessary Majesty. to inform your Lordship that this address has probably 17 8 of the mint you loint Mr. Canada. Justice of that you advantage lent. He ing to as- Heral it is the assis- ssessed of h the pub- refore re- at you will belonging submitted e appoint- :ourse lose [nunicatioQ will proba- nent to act whom you itly. to be, SRICH. DSEPH. 2,] 1832 i King from tachment to 3 happiness it necessary jas probably Mr. Mackenzie ac- cused of calling meetings in several clif.trictp, and induc- merous and occa- sioned pttitioni to His Lordsliip. been called forth in consequence of the conduct of Mr. Mackenzie the editor of the Colonial Advocate. His Majesty's Ministers, were, I believe made ac- quainted with the character of this man, and with the j" Mackenzie acj • 1 • X J r J • ui' i- I r ciiseo of encouraeinff mischievous tendency or Ins publications, before my diaaffection appointment to this Government. Ho has not ceased for the last three years to jiublish and circulate state- ments evidently with an intention of keeping up ex- citement in the Province, and encouraging disaflection. During the last summer and autumn after calling meetings in the Townships in the County of York, he proceeded to the Gore and Niagara Districts, and to some of the Eastern Distiicts, for the purpose of call- ing together the farmers and such persons as he might ing the people to"a- be able to collect at a short notice, with the assistance dopt certain resolu- of his agents, and inducing them to adopt certain re- tions. solutions which he had prepared for their inspection. These meetings were sufficiently numerous for the These meo ting? nu object which he had in view — to circulate his states iiients widely through the Province, and to enable him to bring his petitions before the Provincial Parliament and to forward copies of them to your Lordship. Soon after the opening of the Session, he was ex- Mr. Mackenzie, hav pelled from the House Oi* Assembly for a libel on the ing been expelled the House; and on the day of his expulsion, he circulated ^°"f.^ f Assembly , J, .', . . . , "^ . ^ ^ J. 1 J * If r libel, with the handbills inviting the people to proceed in a body to people, request Hii the Government House, and to request the Lieutenant Excellency to dis- Governor to dissolve the Parliament ; and the follow- solve the House, ing day about 200 persons presented an address to me, a copy of which is enclosed (A) ; the intention of Mr. % Mackenzie in following this course, and in conveying a petition to me, which he knew could not be com- plied with, was evidently to raise a clamour against the Executive Government, ahd encourage a belief that his expulsion had been effected through my inter- ference. He was re-elected on 2nd January, received a gold medal from some of his supporters in York, and took elected, and again ex his seat the next day ; but on again inserting the libel P«"«d ^°' continued in his paper, for which he had been expelled, and sending the number of the Colonial Advocate contain- ing it to all the members of the House, he was expel- led and declared incapable of sitting in the House of Assembly during the present Parliament — Mr. Mac- kenzie then sent forth the atrocious address (B) to the people, and to the soldiers of the 79th Regiment in Garrison at York, to which I beg leave to call the at- This done evident ly to raise a clamour Mr. Mackenzie re. libel. Sends forth an at- trociouB addrosR. If About 300 pefRons attend his meeting, (but few of them fur- merH.) Cortiiin resolutions ucl»M,ted, and sub- acnption opened to bear liis expenses to £n Your larked, . Mac- 3ave to 'ed the nence- nduct ; of the placed exhibit ed on le Ex- lenced- isirouf ! usual . lat he piear . idiDd 10 secretly encouragfJ bjr persons under the influence or Mr. Mackeniiocom- control of tlio Executive (lovernmont. It ii, however, P'*'"^ uf thn influ- ,vide,a, [h.ta .nun »!.o lu,, edited ,ucl. a pa,,e. a, rrc'ovemn.onT''" the •' Loloiiml Advocate for eii;lit yaars must have Kclitiiijf Colonial raised up against him enemies in every part of the Advocate mugt raiao Province. The object, apparently, of Mr. Mariien- "P ©"cinlos. zie l«Nt sf'ssion uas to ascertain the extent to whicii he could crtrry his iusultg to the House. Tlie n)eml)crs ^Vould have been generally averse to sinction any summary proceedinj^, readily received after would, 1 hcliovo, hnve re dily received him after his first expulsion, had first expulsion, hai he not forced th^m to proceed '|" "°l repeated th» against hiu) hy his repeating a libel with an audacity • and defiance that rendi red it very diflicult for them to adopt any cou^se calctiiated to counteract the ef- fects of his efl'oits to keep aUvo excitement in the Pro- vince. A prosecution on the part ol the Crown even A Crown proBf cu- recommen U'd by the llo',j«e, would have prolonif^ed tion would have pro- the excitfuicnt, and havo embarrassed tlie local gov- longed oxcitonicnt. ernraent in a i^rcaler degree than any other mode of . proceeding, for tlwire are few individuals in the Pro- Few in the Pro- vince wito have any doiiUt of the seditious chiirdcterof vinco have any doubt his publications, or of his intentij-. (o encourage dis- ""^ ^'' intention to /v.. mi 1 fi i-ii^« encourage disaflec- atUntion. I he <»nnoxed copy ot a letter which bo i(»r- tion. warded to me in the year 1829, will shew that he has Ji r. Mackenzie wish- lona wi>hed to estabjish it as a fact that he is persecut- ^^ to establis-h as fact i»d bv government, and calumniated hy a certain num- [^^Jj'« '" persocutod , V J • . t \ . L'l u • ''y Oovcrnaient, and her of paprrs under Us control; but while he was wri- papers under its con tmg this plausible statement, demanding my interfe- trol, altho' he knew rence to prevent the editors oi papers from attacking tliat the only paper his conduct, he knew that the only paper in the Pro- connected with Go- . J -.1 .1 * /*! r . !• *\ vernment had di«- vincc connected with the government (the Loyal -st) continued had been discontinued at mv recommendaiion. The injudicious acts of his opponents, at some public meet- ings at which he attended, ofiar, he imagines, another •proof of the persecuting system supported by the lo- cal government. Mr. William Kerr, a Magistrate of the Gore dis- Mr. Kerr sanction* €. &.C. ^c. ner which fniurei thu |iiirtialinecest uf any doi)ingn)rue. ' Hu hut hud re. cnurbo to calumny, falNchodd untl docep. liua to gtit hifl Ahna* iHickn and Journal into ctrculattoii, and invited niitivoa ul'U* nited Statei to peti- tion for cinctive oflfi- cors of militia, inagis tnitoH &c Legislativo CuancilluiH. Enjoys popularity in tho ilome district Provinco injured by lurningf from it re- Mpoctable cmigiunts. Mr. Mackenzie now finds himself chocked and opposed by most of tho respectable eldises. Colony affection- ately attached to the mother country. (Enclosure in the above.) York, August 11th, 1829. Sir: An opinion has gone forth, that the Government of the Province secretly approve of the grossest personal abuse when applied to persons, who, like myself are at variance with the principles upon which your Excellen- cy has stated you would be guided in the administration of the afifairs of the Province. This opinion is no doubt held by those persons up and down the country who laud your measures and seldom or never see anything to blame in your management — for the torrents of personal ealum- oy which come from those persons, week after week, iu It it) believed i'iat the Government «;j- cretly approves f personal abuse of per sons at variance with the principles of the administration. 1 9 22 an unwearied itream aeems, bs it were to iocrease ofiald Provincial Vn-au i'^>^J^er tiiiiu diminisli. By such exhibitions of the waak- degraUed und rnoralw ness aad wicke(hies-i of human nature, the provincial of people tuinlcd,and press is /JegruHed, tlie morals of thtj people taintiid, and Government lowered your Excellency's Covernrnont, if it bo a good one, low- in tli« esiimatiou of ered in tlie estimation of foreigners, on-lookers of these ■foreigaers. shameful squabbles. Ireland long I rind (he experiment of encouraging n cordon of super loyal presses at tho public cost, as it is wi^ll known some of these are kept up in part, of which 1 complain — tho result is before the world. I shall not trouble your Etcellency with a bundlo of newspaper;^, owned and conducted by Magistrates, Go- vernment Schoolm-.'.stcrs, Adjutants, Jtidgrs, Post-mas- ters and others, whose official station adds wf ight to their improper statements, but shrill select one particular num- Nia,G;ara Herald ber of the "Niagara Heraid," of which John Crooks, rather worse than u- Esquire, one of His Majesty's Justices of the Peace for Bual specimen of de- the Niagara District, and Post-master of the town of that mi-official vitupera- name is the known and publicly avowed proprietor, lo la/ ^*"p* 11 ff J before your Excellency, as rath:;r a worse than usual speci- Perusal will afford „,g„ „(• ,)e,„i. official vimperatio?). A p^nisal of its con- «!■ l^xcellency an ^^^^^^ ^.jj, .,^j..^^j ^^^^ Exrelioncv an opnoytui-ity of chec- opportunityot check ,. ., /. . .,. , ,.. '• i -^ , inir the evil ^"^ *"* ^^ whan it Jeit uiih(»:icod by you may (as ex- If left unnoticed P^'*'i<'nce tells me) not be pioduciive oi tlie cons^'quences will produce evil con which the adffilrers of stodi p^iprrs anticipate. SuchJan- *€queiicH«, S'J'^S'' i"^'y ^i"-'*'^ "'y ft'elingsand give me pain and uneasi- nes<^, and no doubt docs so; it may render unhappy for a time some of the mernbers of my family, and the le- spectablw persons composing the central coniiniitce may regret to see themselves (by name) bandied about as traitors, sin)ilar to those executed last war at Burlington heights — and all this witiioui a shatiow of truth, although Encouragers of stated on the authority of a British iMagistrale— but ia those caiuninies will ^j^^ ^^^^j ^j^^^^ ^j^^ encourage such calumnies, will I fear find a day of reckon- , j r .- i i r . »i ^ jj "^ have a day of counting and reckoning ol a nature thry do not now anticipate. As an individual held up to scurn by Mr. Crooks, I seek no damages, and 1 shall not harrass myself by entering upon a tedious legal process in tht the courts (with one new trial after another for years,) on the condition of which I forbear to remark; it would afford me no pleasure to see Mr. Crooks degraded Raquires that Mr. from the Magistracy, or turned out of the Post Office. Crooks may be o- All I ask is that he may be required to bring before the bilged to produce cor public the authority on which he has undertaken to as- tam anthonties to g^^.^^ jj^j^j jj^^ committee on religious freedom are traitors, chaf^'Seairainst P'otiing against the government, and to substantiate the n«, ti— u-^-ii* charaes he has made against me, as an individual mem- Mr. Mackenzie. , ^ • ^ j r.^ .. •** f i u • ber of society, and of that committee, I know he cannot do this, and therefore shall, secondly, ask that he be re- Ifdono Mr.Crooks qwiteur Excellency's mode of government is unconstituiional, opposed to free govermnent, and forgetful of the best interests of the trate. askod to read people of Canada. 1 once more ask Yonr Excellency, tbe paper sent, and as a man, and as a Magistrate, high in authority, to man- follow the goldon ifest your willingness to put an end to <-ulnmny, to read fule. the paper herewith sent, and then to follow the golden rule in your proceedings thercun. 1 havt the honor, ^c. WM. L.MACKENZIE His EzcoUensr, at* a man and a Magio- Despatch from Sir John Colhornr, fransmitting re- solutions from certain inhabitants of the town of Kingston. Copy. Sir, No. 43. York, Upper Canada^ } 8tl! July, 1833. > At the request of Mr. John S. Cartwright, th<» chairman of a puhiic meeting held at Kingston on the 23rd of Mav, I have the h(»Dor to transmit to vou a copy of the resolution adopted on that occasion respect- ing the removal of Mr. C. A. Hagerraan, from the of- fice of His Majesty's Solicitor General for l^ppor Ca- nada. I have the honor to be, Sir, &c. (Signed) J. COLBORNE.' The resolutions were sent in original and no recorfl kept of them in the governroent office. Tbe Right Hon'blo £. G. Stanley, ^c. &c. &c. A true copy, J. JOSEPH, 'i 24 t)ispatch from Sir John Colborne^ transmitting ta Secretary for the Colonies, an address from certain inhabitants of the town of Kingston* Copy. No. 44. Vppef Canada, York, \ 10th July, 1833. | Sir, I have the honor to transmit to you the accompa- nying address to His Majesty from certain inhabitant! of the town of Kingston in this Province. I have the honor tob*, Sir, &.C. (Signed) J. COLBORNE. Mem. — The address referred to, from certain inha- bitants of Kingston to the King, was transmitted in original, and no copy of it kept at the government of- fice. It contained an expression of approval of the law officers of the Crown being removed from their offices* To the Right Hon'ble E. G. Stanley, &c. A-c. &c. A true copy J J. JOSEPH. No. 31. Sir, Doicning Street, 12th September, 1833. } I have the honor to acknowledge the receipt of your despatch of No< 43, of the 8th of July last, en- closing a copy of certain resolutions adopted at a pub- lic meeting, held at Kingston, on the 23rd of May last, respecting the removal of Mr. C. A. Hagerman, from the office of His Majesty's Solicitor General of Upper Canada. 1 have the honor to be, (Signed) ' E. G. STANLEY. A true copy, J. JOSEPH. Major General, Sir John Colborne, K. C. B. &c. &>c. &c« 25 tting t(f ; certain . i ' ;compa- ab^tanti [INE. in inha- litted in nent of-^ il of the •m their EPH. I 3ceipt of ast, en- it a pub- of May german, sneral of LEY. EPH. • ao • I—" Cj CO fM o» CO (M CO to • X 00 00 00 cfi 9^ — < T-H r-t 1-t i-« .^' 2 • ■ c • 1*3 ^ as o • a • • ;3 of the spective 2 u 'fa* < O .:? Persona mmpoi'g Executive t juncil. ^ <5 '#1^ b- •5 T! 5( rH CQ And names of the • z b- O Law Officert. 53 00 00 GO • ■ w to S* i-« rH 3 3 • Z^ ?i 1 Z iii« ■ ^ ' ^ : o: *^l O • « o o o • o -o «^ &• _aj 00 -1^ w •-» ofih when < O 5 3 o c j2 intments own and o ■«-• •CM ..r • • O k. ^■^ ^■M ^■■^ •^ pM^ §3^ a s 3 ^ « 3 s 3 S c ^ ^«^ o o o ?> s tes of soft > o > > 'ames and da Law Officer ■t-t 3 s en < S8 rH • • • • • ■ • • ^'2 <^ s: ca 9* f 3 • O^ti^ « *• •5^ s « CM ^1 Eh « • CO m CO 3 5 rr* 02 3 W O S a o s «« 2 ATE ME Coune Z .a o o Ou 2 t: i^ N O (A o JS o S6 Ctrtain Gentlemen recommended by Sir John CoU home to be summoned to the Legislative Council. Copy. No. 70. Tor onto ^ (Upper Canada^) \ m \i. MeaifM McLean, Morris, Macaulay, Hamilton and Van- koughnet recommen ded to be appointed to the L«g Council. f ' 18th November, 1834. SiK, I have the honor to state that in consequence of the decease of several of the members of the Le- gislative Council since the year 1830, the period at which the last appointments to the Council w^ere made ; I beg leave to suggest that : Mr. Archibald McLean, of Cornwall. ♦Mr. William Morris, of Perthy Mr. John Macaulay, of Kingston^ Mr. Geo. Hamilton, of Hawkeshury, A& Mr. Philip Vankoughnett, of Cornwall^ may be recommended to His Majesty to be called ta the Legislative Council. The qualifications of each of these gentlemen, which induce me to recommend them for this pro- motion, are contained in the annexed return. I have the honor to be, Sir 02SC ' (Signed) J. COLBORNE. The Right Hon'ble, E. G. Stanijey, &c. &c. ibc. * Note of theie Gentlemeu'-Mr. Morris alone, has taken the oath and assumed his seat in the Legislatire Council, up to the present date, yiz : the 15th February. 1836. « Mr. Archibald McLean — A native of tbe Province, son of the late Neil McLean,a member of tho Legislative Council — is an extensive pro- prietor of land, represented the county of Stormont in several Parliaments, and wag Speaker of the last Assembly. Mr. William Morris — A native of Scotland, and an opulent Merchant— entered the Pro- vince before the late war, has represented the county of Lanark in five successive par- liaments. Mr. John Macaulay — An opulent Merchant, of Kingston, and a large proprietor of land — a native of the Province, and a son of a U. £. Loyalist ; and from his character, Intel- Col' icil. l) |uenee Ihe Le- Iriod at made ; '•ntoalL mtoalif silled t» tieraen, lis pro- RNE. taken th« up to the rovince, eroftha ve pro- •unty of nd wag nd, and e Pro- esented iv© par- ant, of land — a )f a U. r, intel- ligence, and acquirements, possesses great influence. Mr. Georgi Hamilton — A native of Ireland, and an intelligent Merchant, engaged in the Lumber Trade on the Ottawa — he has resided in the Province since the year I8l8 or 1819, but has been connected with it for a longer period. Mr.PHiLip Vankoughmett— A native of the Provinct, a son of a U. E. Loyalist, and during seve- ral Parliaments represented the county of Stormont. A true copy. J. JOSEPH. Copy of a Despatch appointing sundry persons Le- gislative Councillors. Copy. Downing Street, 26th February, 1835. } No. 24. Sib, I have the honor to acknowledge the receipt of your Despatch No. 70, of the l8th November last, re- commending the undermentioned gentlemen for the appointment of Legislative Councillors of Upper Ca- nada, viz : Mr. Archibald McLean, Mr. William Morris, Mr. John Macaulay, Mr. George Hamilton, Mr. Philip Vankoughnett. Messrs. McLean, Morris, Macaulay , Hamilton, and Van- koughnett, appoint- ed to the Legislativ* Council. Having submitted the names of those gentlemen to the King in Council, His Majesty has been pleased to approve of your recommendation, and I enclose here- with the necessary documents for summoning them to Ihe Council accordingly. I take this opportunity of transmitting to you, for f^ 15s, 6d, to bo your information and guidance the copy of a despatch J**'*^ ^•'^ ®**^ man- which appears to have been addressed by Lord God- €rich to the Governor of Lower Canada, and which I consider may equally apply to the Province under your government; and I have to request that in accordance with the arrangement therein proposed, you will r«- *juire the usual Fee of £>9 ir>s. 6d, from each of the 38 new Councillors for his respective Mandamus, and transmit tho same to Mr. Wilder of this department. I Iiavo the honor to be, Sir, &c. (Signed) ABERDEEN. Major General Sib John Colborne, K. C. 13., &c. &,c. &c. A true copy. J. JOSEPH. Extract of Despatch from Sir John Colborne to the Lord Glcnclg^ His Majcsii/*s Secretary of State for the Colonies, dated Toronto, 16th Sept, 1885. *' With these explanations if your Lord«hip should • ** think it expedient to lay the names of Dr» William *' Warren Baldwin and his son Mr. Robert Baldwin " before His Majesty, I have to request that Mr. " Isaac Eraser, an intelligent and influential settler, " a son of a U. E. Loyalist, residing near Bath in the " Bay of Quinte, in ihe Midland District, may beal- " so recommended for the Legislative Council." Truly extracted. Extract of a Despatch from the Right Honorable, the Lord Glenelg, His Majesty^s Principal Secre- tary of State for the Colonies^ to Lieutenant Go- vernor. Sir John Colborne, dated Downing Street, 2d July, 1835. " I have the honor to acknowledge the receipt of three despatches from yourself, the first dated the 23rd of March, and marked '^ confidential ;" the others da- ted on the 15th and 20th of May. Nos. 15 & 21." Truly extracted. J. JOSEPH. Note, — The above mentioned despatch, Nos. 15 and 2l, transmitted the address of the House of As- sembly to the King, complaining of the Legislative Conncil in rejecting certain measures adopted by the Assembly, and tho resolutions of the Assembly claiming tho right to control and appropriate the Crown Revenue. No. 55. Toronto, 12th Sept. 1835. Copy. Mis : My Lord, I have the honor to acknowledge tho receipt of your Despatch of the 2d July, and to ac- vi State 29 quaint your Lnrdsliij) ilmt in a few (iH}s I sliuii be able to enter fully into tiic subjects lo uhicb it refers, and to offer my observations and opinions to your Lord- ship on the questions wiiicb I consider as requiring the most serious attention of His Majesly's Govern- ment. I have to forward the accompanying l)ook contain- ing the Report from the Select Committee of the House of Assembly on Grievances, and the docu- ments to which it refers — by the annexed notes fron! the Clerk of the Assembly your Lordship will per- ceive the manner in which the Report was introduced, and the subsequent proceedintrs of the House relative to its reception. I have &,c. (Signed) J. COLBORNE. The Right Honorable The Lord Glenelg, A true copy, J. JOSEPH. Copy. Memorandum shewing the purport of each of lli six reports made to the House of Assembly by the Committee on Grievances previous to the seventh and prmcipal report presented on the lOth of April, 1835. 1st report desires information from the Blue Book ; on the subject of the Jury Laws and referring to Lord Howick's letter on the same, accompanied by an ad- dress requesting iaformation on the appointments of Commissioners of the Peace, and it desires to ascer- tain the amount of balances of monies paid by the Canada Company in the hands of the several public accountants, banks, SuC. 2nd Report — Relative to the Post OflicQ Depart- ment, with an address to His Exc^lency for informa- tion (inserted in the last and principal report.) 3rd Report — Accompanied by a resolution for the adoption of the vote by Ballot — a bill to prevent vex- atious law suits, &c — a bill to amend the law of libel ; a bill to diminish the expense of advertising sherifi's sales, and a bill to provide for the distribution of the Statutes, and that they be printed by contract. 4th Report — Reports a resolution on the petition of Thomas Appleton, teacher Toronto, that £85 4s. be paid to him as teacher of a common school in the years 1822, 1823, 1824, 1825, 1826 and 1827 (con- tained also in the principal report.) 30 5th. Report — On petition of William Forsyth, lat« of the Niagara Falls, (contained in principal report.) 6th. Report — On petition of John McCarroll com- plaining of misapplication of £50 road money by Robert Keevan, a Commissioner. 7th Report — the last and principal one printed in one volume. Copy. Lieut. Governor's Office, I York, 26th July, 1818. j 'I Letter from Mr. Se'cy Rowan to the Ins. G'l on the sub ject of a sum said to be outstanding in the hands of the late col lector at Kingston. Sir, Mr. Crooks and the Master of an American Vessel, seized, as contravening the laws, in carrying freight from Port to Port in this Province, under re- gular clearance from the several Custom Hout'is, have made a representation to His Honor, the Ad- ministrator, which has been laid before the Executive Council, on whose opinion and advice, His Honoris pleased to direct, that the Vessel and cargo be re- leased to the owners, on the personal security of ei- ther, to the amount of their respective value, on a fair estimate, to answer such judgment as may follow up- on the information filed against the vessel and cargo, 'n the Court of King's Bench. I have the honor to be. Sir, &>c. SAMUEL P. JARVIS, Secretary. To C. A. Hagerman, Esq. Collector of Customs, Kingston. Copy. Government House, > 21st December, 1835. ) Letter from Mr. Se'cy Jarvis to Mr. Hagerman directing that a certaim vessel seized by him should be given up to the owners on their per «onaI security. Sir, I am directed by the Lieutenant Governor, to acquaint you, with reference to the Report of the Finance Committee appointed by the House of As- sembly last Session, that he requests you will report how many years the sum of two hundred and eighty- four pounds, fifteen shillings and five-pence, slated to be outstanding in the hands of Mr. Hagerman,late col- lector at Kingston, has been returned as due to the public, and that you will call on the accountant, if you have not already done so, for a full statement of the case, and on what authority he detained, in his I), lat« port.) 11 coni- ley by ited in 8.1 nerican arrjring ider re- Hont'is, he Ad- cecutive lonor is ) be re- ly of ei- [)n a fair llove up- !d cargo, etary. J35. J ernor, to t of the B of As- 11 report i eighty- stated to jlate col- le to the ntant, if ement of d, in his 31 hands, on closing his accounts with the late Inspector General, the amount alluded to by the Finance Com- mittee. His Excellency requests information also, as to the opinions of the different Committees on Finance, since the year 1827, by whom this disputed claim ap- pears to have been investigated, and under what cir- cumstances it was not mentioned in the accounts sub- mitted to the House of Assembly last Session. If the accountant on closing his accounts in 1828, retained the sum in question as a debt due by the King's government, on account of a seizure made by him, and which he could not legally permit to be given up, all the circumstances respecting the case should have been reported for the information of His Majes- ty's government, by the Inspector General, and the balance claimed, should have appeared in the accounts of the funds under the control of the Lords Commis- sioners of His Majesty's Treasury. I have the honor to be, Sir, d&c. (Signed) The Honorable G. H. Markland, Inspector General. Wm. rowan. Sir, Government House^ ) ZOih December, 1835. ] In returning to you the accompanying statement respecting a balance still appearing in the public ac- counts as due by Mr. Hagerman, I am directed by the Lieutenant Governor to acquaint you that if the claim in question was permitted by the late Inspector General to remain unsettled for eleven years before , - ^ . Mri Hagerman closed his accounts in 1828 ; and that Rowan'to Ins! Gen'I he then entered his name among the balances due by on the subject of Mr Collectors as a public defaulter, the] accountant has Hagerman's claims, certainly reason to complain. This claim has frequently been laid before commit- tees of the House of Assembly, without the account- ant being able to obtain his discharge ; His Excellen- cy therefore requests that tho circumstances of this case may be again brought before the Committee of Finance that may be appointed in the next session, 32 ill ordei liial liiH cltiin iiiny he iillowej or lefeiicd lur ihe decision uf His IMijfst^'s ^ovrtnmt'nt. I have tho honor to bo, Sir, (Signed; VVm. ROWAN. Tht' Honorable (George FI. Mjukianl, Inspector General. 1 'jt " j 1^^ I'.V *Si/' John ColhoniPy Kuigkt Commander of the most IFnnorahle Military order of the Bathy Lieut. Governor of the Province of Upper Canada, Major General commanding His Majcs^fs For- ces therein., ^*c. S^c. S^c, No. 490. To the Honorable John Hknry Dunn, Receiver General of tho said Province, You arc hereby directed and required, out of such Lt. Govt's wRrra't .nonies as are in or shall conio to your hands for dc- foi>i;211 5 Hi stff. fraying the civil expenditure of this Province to pay tn favor of C. Hager q^ ^.^^5,6 to be paid unto Christc 1 her A, Hajrerman, man, Esq. formerly p Collector of the port *^^M;, r, m . r» . i • • *i c. of Kingston ^^^ * \ Or to his assigns, the sunni of two Sterling '^^"*" hiundred and eleven pounds five shil- * ' and eleven pence half-penny Sterling, equal to £234 16 6 Canada Currency, being the a- mount of a claim on the Crown fund conditionally admitted, per the annexed order in Council. He having been in the actual discharge of his duty during that period. And for your so doing this, with the acquittance of the said C. A. Hagerman or his assigns, shall be your sufficient warrant and discharge. Given under my hand at Toronto, this ) twentieth day of January, 183G. ) (Signed) J. COLBORNE. By His Excellency's command, (Signed) Wm. rowan. Examined. ' George H. Markland, Inspector General. 38 cd lor Sir: Turonto, 22d Decembe 815. Ill compliance with the request con tinoc m your note of this day*s date, that I should fur lish for the information of His Excellency the Lieuienunt Go- vernor a detailed statement of th« facts and grounds upon which I claim a discharge from all future respon- sibility as a public accountant, I have the honor to sub- mit the following remarks, and at the same time beg to express my sincere gratification at the prospect of a decision upon a subject which I have long dosired to bring to a conclusion. Some time previous to the opening of the naviga- tion in 1817t the masters and owners of several Brit- ish vessels represented to me (then being collector of His Majesty's customs at Kingston) in a formal man- ner, that their business was greatly injured by foreign vessels engaging in the coasting trade of the Province in contravention of the Navigation Laws of the Em- pire, and required me to interfere in my official char- acter as collector for their protection, and as far as depended on me to put an end to a practice clearly illegal, and highly detrimental to the shipping interests of the Colony. Under such circumstances it is plain that the only proper course for me to pursue was to consult the laws and to enforce them. Upon reference to the statute 7 & 8 Will. 3, chap. 22, entitled •' An Act for pre- venting frauds, and regulating abuses in the Planta- tion Trade" I found that foreiign vessels were express- ly prohibited from carrying cargoes from one British port to another in any of His Majesty's Colonies or Plantations, and by the 4th sec. of the same statute I found that Governors of Colonies were required to take an oath upon entering on the duties of their of- fice, to do their utmost to maintain these laws, and in default of their doing so, were made liable to dismis- sal from office and the payment of a fine of £1,000 sterling. Notwithstanding the plain and imperative provisions of this statute and others bearing on the same point, I thought it advisable to take the specific instructions of the Government on the subject, and to guard (as far as depended on me) against any charge of injustice for inforcing laws of which individuals might allege ignorance, I decided on giving these in- structions when received, all the publicity in my power. I accordingly wrote to the Inspectoi General requesting E Letter /irom &. A. Hagorman, Giq. formerly Collector at the Port of King- ston to tba Inspect- or General in expla- nation of a claim set up by him for a share of a TOBHol and cargo ieized for a breach of the navigation laws. 34 Letter from C. A. eaie. him to inform me in what mnnner I should act in ca* 8es of complaint of foroign vessels bein;^ engaged in Hafennan Esq. die. ^^® coasting trade — in answer to whicli application / received at mi/ guidance the opinion of the Attorney General, to whom iho subject had be n referred, of which the following is a copy : . "I am of opinion that foreign vessj Is found enga- •!•■ opin?(fii on"the " ^^^ '" ^^® coasting trade are liable to seizure and "condemnaLicn if laden in, or carrying from any ** one port or place in the Colonies to any other port ** or place in the same." (Signed) D'ARCYB')ULTON, jltl^y General. Dated 28 the proper offictr. The master and owner o1 the vessel, and the gentlemen to whom the flour belonged shortly after- vrards, as I am Informed, petil ioned the Lieutenant Governor of the Province, pra ying restoration of tha property seized, alleging ignorance of the law, a nd stating that they had been misled by the collector sat Burlington Bay, not having ap irised them of its exist- ence., and intimating as an additional exc ^se the ve y ground which had originally 1 «d to the seizure, vi'^ : that foreign vessels had been in the practice of vio- lating the navigation laws with impunity. It does not app«ar however from any papers that I have leen 35 ca- }(J in ion / Irney of fnga- and any port that the Collector roferred to, knew that (bo vesnel in queition was a foreign bottom, and ownod by a for- eigner, )is mentioned, although had such boon tlie fact, it would not have altered the question as respected the L«tt«r i'rom C A liabilit\ of the vessel to condemnation, it might have Hagermtn, £iq. ^9 subjocied that officer to the responsibility of indemni- fying i\m parties for the injury they had sustained throui h his misconduct, nothing mor&. It is obvious that the Governor could not comply with ih»* prayer of this petition. — First ^ Because his doin.; fi ) would be in violation A his oath, and the du- ty evpressly enjoined upon him, by the statute above refoi red to ; and secondly^ because it would be an in- terfrcnce with the rights and emoluments of a public offi' er over which he had no controul, to which he was by law entitled, for the performance of a respon- sib e, disagreeable and hazardous duty, and which he ha I executed in obedience to instructions from His G.)vcrnraent, in a manner leaving no room for censure or complaint.— Accordingly upon a reference lo the Ixfcutive Council, it was declared h^ that body that, they would not presume to recommend any order to the Collector of Kingston for the actual release of the vessel and cargo" but '* satisfied that an irre- gular practice had prevailed of transpoi ting even public stores from one port to another in the Pro- vince under sanction of the government and its officers." It was recommended that the vessel and cargo should be delivered up to the respective owners, upon security being given to th^ amount of the value of each to answer the event of an information, and that in case of difficulty to the Fcreign Master to give such security, that it should he provided hij the Oov- ernmenty with the assurance that in the ecent of legal conviction the proportion of the seizure to which the Crown ani the person administering the government would he entitled^ would not be exacted^ leaving only ^ therefore, the share to which the collector had a claim to be exacted. This report of the Council was never communicated to me (conclusive as it appears to me to be in favour of my claim) and it is only within the last week while collecting facts for this statement that I for the first time saw it. A letter however was ad- dressed me by the private secretary of the presi- dent then administering the government, in which I M'as briefly directed to give up the vessel and cargo to the respective owners upon their entering into their personal security to answer the result of the informa* (» li •( u (t (• It 86 ft! tion to be filed by the Crown Officer. — This of course was promptly complied with on my part, the vessel wai valued at £255 curacy — the flour at £364 curren- Letter from O A cy, both items being reduced as loir as it was possible Hagorman, EBq, &c to bring them with any regard to reason & truth. The master of the vessel was a stranger, and declared himself unable to give any security beyond his own r Bond. I have never to my recollection seen him since, for the flour I took the bond of William Mit- chell, Esq., at that time a wealthy and respectablo Merchant in Kingston, but who afterwards died, and as I am told in embarrassed circumstances. This bond (now of no use) is in my possession. These proceedings having occurred the information was filed and a trial took place, when the jury owing to some defect in the proceedings, or from misappre- hension of the facts, returned a verdict for the claimant. This verdict however, was so manifestly contrary to law, and if acquiesced in would have been attended with such evil consequences, that the Attorney Gene- ral felt himself bound to move for a new trir.l, upon which occasion the law and every fact relating to tho seizure was brought before the court of King's Bench, and fully argued; the judgment of the court was af- terwards solemnly pronounced, establishing the validi- ty of the seizure, and its liability to condemnation, and as a consequence, setting aside the verdict of the jury, and ordering a new trial. These proceedings are on record in the court of King's Bench, and of course can at any time be referred to. Immediately, or very soon after this decision, the owner nf the flour (as I have been informed) solicited the Government to stay the prosecution, and prefer- red a memorial to that eflect, which was transmitted to England for the consideration of the Home Gov- ernment. No oflicial, and indeed I may say no direct communication of the steps at any time taken, was ever made to me. I was not asked to consent to any discharge of or delay in the prosecution ; nor was I in r.ny manner consulted, or advised with on the sub- ject, notwithstanding the large personal interest I bad in the result. If therefore delay has occurred in de- ciding on tho claimants petition, it cannot be traced to any fault of mine, in truth with respect to it, I have no particular interest, the Government had distinctly disavowed any design to interfere with my rights, and had proceeded in the implied recommendation of the Executive Council, that the master of the vessel 37 should bo indcmified from public funds in tlio event of condomnation — the Courts of highest authority had declared the seizure liable to condemnation, and so far the ends of the prosecution were attained — and it is Loiter from C A not improbable that it was considered by the Execu- H»geriii«ii, Eeq, &c tive unnecessary and inexpedient to incur further ex- pense ir the proceedings. It would i apprehend be considered only reason- able that under the circumstances I should have been immediately credited with my portion of the seizuro made — it was my unquestionable and undisputed right, founded upon the express provisions of a British sta- tute and which no authority short of an Act of Par- liament could deprive me of. I do not mean to say that any injustice was intended me, quite the contrary, 1 believe the delay in the settlement of the matter arose from a desire to be first informed of the decision of the King*? government on the claimant*s petition, and whether authority would be given to remit the portion of the seizure due to the irown^ as recommen- ded by the Council, that the whole matter might in such case be disposed of at once. In my communications with the late Inspector Ge- neral. I constantly urged that the matter should be fi- nally disposed so far as related to me — he never in any instance intimated a donbt of my right to credit for one third the value of the seizure — on the contrary always admitted it, as did every other member of the Govern- ment with whom I had any communication on the sub- ject ; and in which opinion, as I shall presently shew, the Legislature for the last seven years tacitly, at least, concurred. Feeling however, that it was desirable to close dis- cussion on the point, I addressed a letter to Mr. Baby tlip late Inspector General of public accounts on the 16th June, 1826, calling his attention officially to the subject, and stating, that if Government had decided on abandoning the prosecution, I should then claim in- demnity for expenses incurred as well as my portion of the seizure, to this letter I received no official reply, but was informed by Mr. Baby, that upon enquiry of the then Attorney General, Mr. Robinson, he found that no answer had been received to the claimant's pe- tition. In 1828 I was appointed to a judicial situation in the Province when I resigned the office of collector, and when it became necessary to close my public accounts— I accordingly paid up all the balances of public money in my hands, reserving with the con- 38 furrcnce of Mr. Baby, cne third the amount at which the seizure was appraised and the expenses incurred in securing it, a statement of which verified on oath letter from C A aceompanies this letter. Hftgermao, £sq, &o -, , . i , i • • t iTom that period to the present, no objection has been raised in any quarter to my retaining this indem- nity — legally— equitably — and undeniably my due. — -Until last winter a return was made to the Legislature shewing the sum outstanding in my hands — two suc- cessive Parliaments have passed away to whom the returns at each session were transmitted. On one or two occasMns Mr. Baby of his own suggestion inserted a note at the foot of the returns stating my claim — and committees of the House of Assembly have in- quired into the circumstances, and on being informed of them, expressed no sort of disapprobation of the course thai had been pursued, and thus tacitly, as I ■ have belore stated approving of it. Still, however, it was no pleasant thing for me to see my name inserted in the returns annually laid be- fore the Legislature, and i was of course anxious to be relieved from the further responsibility and to re- ceive my quietus as a public accountant; and 1 accord- ingly again pressed the subject on the notice of gov- ernment in January last. Upon enquiry into the sub- ject at that time, you were so fully satisfied of the reasonableness of my claim, that although without the express authority of government you could not grant me a discharge, you thought it but justice that my name should be omitted from the list of persons ap- pearing to be in arrear with the government, arid when called upon for explanation by the finance committee you stated your reasons fordoing so: without disputing or expressing any opinion on the justice of my claim, the committee objected to the course you had taken upon the ground that ** as tlie sum arising from tho ** seizure would not have been at the disposal of the •• legislature (seizures being crown revenue) the in- *' demnity should have been taken from the crownrev- *' cnuc5, and not from the Provincial funds," — thus in fact adopting a principle I had all along contended for; in truth at the lime I closed my accounts, as before stated, a sum covering all duties collected by me was paid to the Receiver General, and in distributing the money this fact ought to have been observed by the Inspector General, Mr. Baby, and a discliarge given me for this account, leaving the unsettled balance ap- to loi .«.■ 'hich irred oath ■ me to aid be- cious to 1 to re- accord- of gov- the sub- ] of the liout tho ot grant hat my sons ap- rid when mmittee lisputing y claim, id taken froni tho il of tho the in- own rev- ,"— thus jntended js before me was iiting the I by the ge given ance ap- 99 plicuble to the account for seizures, Slc. — and this un- der any circumstances should now be dune. Upon giving the foregoing statement of facts, tho consideration, I have no doubt it will receive, I do Letter from C A not imagine that it will be considered unreasonable in nagrerman, Eiq &a me again most earnestly, but respectfully, to urge my claim to a final discharge. The claim I have set up» arose, as 1 have shewn, from the performance of an in)perative and at the same time unpleasant and res- ponsible duty; with respect to which I had no alterna- tive between acting as I did and loss of office, and vio- lation of law, in addition to which I may add, that were I now to relinquish my right, I should sustain a direct pecuniary loss to a considerable extent. It is well known that Collectors in this Province have no means whatever of rewarding their Deputies anvl other assistants necessary to a Custom-House estalishment, except from seizures — and in my case those persons always received the largest proportion of them — it is also proper to observe that there are no public store- houses or wharves for the reception and security of Custom-HoHse seizures. — All these expences fall on the Collector^ and in the present instance amounted to . consideralile sum. Without adverting to circum- fitances sufficiently well known, 1 mny, I hope be permitted to add, that I am not that officer of Govern' ment from whom pecuniary sacrifices should be exact- ed. — And while I disclaim all intention of employing the language of complaint at the delay which has oc- curred in giving me the benefit of a pl&in and admit* ted right — a delay arising from no fault of mine, but from acts of the government over which I had no con- trol, and to which I was in no respect a party ; I trust I shall be excused for thus again earnestly preferring the claim to a discharge, which 1 have endeavoured to shew, and I hope have succeeded in shewing ought long since to have been granted me. I have the honor to be Sir, Your most obd*t humble scrv't, C. A. HAGERMAN. The Honorable George H.fMarkland, Inspector General, &c. &r. &c. "3'.,. .JS." Letter from C A Uagermaii, Eiq, &o 40 Hit Majbsty'b Govbrnmbnt, To C. A. Hagerman, late Collector of Cug- tomsat tho Port of Kingston, Dr. To my portion of the seizure of a schooner valued at,. . . £255 To 184 bbls of wheat flour va- lued at , 322 To 42 bbls of Rye flour va- lued at 42 Being one- ♦bird of £619 X206 6 8 To amount of storage and unloading of flour, Wharfage and securing schooner and sundry incidental expenses incurM in making the seizure and keeping it in a place of safety until delivered to claimants by order of Government,.. 28 8 10 £234 15 6 (Signed) C. A. HAGERMAN. Toronto, 22d Dec. 1835. Chrstopher Alexander Hagerman of Toronto, Esquire, maketh oath and saith that the foregoing ac- count is just and true in all its particulars to the best of his knowledge and belief. .;; (Signed) C. A. HAGERMAN. Sworn before me at Toronto, this I 28th day of December, 1835. J (Signed) J. B. MACAULAY, J. K. B. Copy. 8th January 1836. It is respectfully recommended that the within statement of Mr. Hagerman*s claim be transmmitted to the Executive Council for their consideration and report. (Signed) GEORGE H. MARKLAND, Inspector General. Approved. (Signed) J. C. r |of Cug- 6 8 I 8 la i 15 6 MAN. Forottto, foing ac- the best MAN. K. B. 1836. I within nitted to ion and lerah X 41 Copy of a Report of the, Ihcmtivf ('ouur.il, approved hi) His EdccUericy the I. untenant iiovenwr, on the claim of Christopher Alexander Hugennan, Esq., lute Col- lector of the Customs at the Port of Kingston. In Council, 15ih January, IS.'J^. Willi reference to the accompanying statement of Air. HaL^erujan, it is re.sijcictiuliy n.'ported, that this claini upon the {government appears to be fully e.^ta- Report .if KnoculiTa blished, and it is therefore recommended that the sum C'ouncil on Mr. Ila- of JC234 15 6 be paid to him out of tiiu Crown Funds, Jiw'uai*'* cJaun. upon his furni.shin^ a bond conditioned to repcjy tha amount should the claim not be admitted by the Lord* Commissioners of His Majt'i.ty's Treasury. It is also recommended, that a copy of Mr. Ila- jj J T^ • 111 *•* claim payaMe in mthe Province ol Lpper Camida, Lsquire— am held case the saino should and firmly bound unto our Sovereign Lord the King, not be allowod by in the sum of four hundred and sixty-nine pounds, the Lorda of tha eleven shillings of lawful money of the said Province, Troasury. ^ which sum well and truly to be paid to our said Lord the King,, his heirs or successors, I bind myself, my heirs, executors and administrators, firmly by these presents, signed by my hand, and sealed with my seal at Toronto aforesaid, this 17th day of January, in fhe year of our Lord one thousand eight hundred and thirty-six. Whereas the said Christopher Alexander Hagerman, as late Collector of the Customs for the port of King- ston, in this Province, has advanced a claim on His Majesty's government for the sum of two hundred and tlrirty-four pounds fifteen shillings and six pence, cur- rency, and whereas the honorable the Executive Coun- cil, by their report approved of by His Excellency, the Lieutenant Governor, bearing dale the fifteenth day of the present month of January, have declared diat the i>aid claim appeals to be fully cstabli^^hcd, and 412 that ihjrefore the saidl sum of xwa hundred and thirty- four pounds fifteen shillings and six ponce, should be naiJ to him the said Christopher Alexander Hagerman out of tho Crown fund — upon the said Christopher A'(J/ander M igerman executing a bond conditioned ta r. pi'/ ; ij an »,>!ir, should tho claim not be admitted by tljj Lord-j Comnissionors of His Majesty's Treasury. Now the coadilion of this obligation Is such, that if the Lords Commissioners of His Mujesty's Treasury, upon an examination of the claim of tho said Christo- pher Alexander Hagerman and the report thereon made by the honorable the Executive Council as aforesaid, shall disallow the same, and direct tho amount to be paid the said Christopher Alexander Hagerman in pursuance of the said report to be re- funded by him — if he tlio said Christopher Alexander Hagerman upon receiving notice of such disallowance of the said claim, shall forth- with repay the said sum of two hundred and thirty-four pounds fifteen shillings and six pence, to His Majesty's Receiver General for Upper Canada, or to such other persons as the Lieutenant Governor or person ad unistering the go- vernment of the Province shall appoint to receive tho same, then this obligation to be null and void, other- wise in full force and virtue. (Signed) C, A. HAGERMAN, [L. S.] ffignfd, sealed^ and delivered i in presence of ^ (Signed) Wm. C. KEELE, Toronto. Appproved. (Signed) ROB'T S. JAMESON, Attorn ef/ Gfneral.