The Distributed Proofreaders Canada eBook of The seventh report from the Select Committee of the House of Assembly of Upper Canada on Grievances

This eBook is made available at no cost and with very few restrictions. These restrictions apply only if (1) you make a change in the eBook (other than alteration for different display devices), or (2) you are making commercial use of the eBook. If either of these conditions applies, please contact a https://www.fadedpage.com administrator before proceeding. Thousands more FREE eBooks are available at https://www.fadedpage.com.

This work is in the Canadian public domain, but may be under copyright in some countries. If you live outside Canada, check your country's copyright laws. IF THE BOOK IS UNDER COPYRIGHT IN YOUR COUNTRY, DO NOT DOWNLOAD OR REDISTRIBUTE THIS FILE.

This eBook was produced by: Howard Ross & the online Distributed Proofreaders Canada team at https://www.pgdpcanada.net

This file was produced from images generously made available by Internet Archive/Canadian Libraries.

☞ The Report on Mr. Forsyth’s case, and copy of certain Bills rejected by{?} the Legislative Council, are placed at the end of the volume.

N. B.—The Figures following the Names of the Witnesses refer to the numbers of the questions in the evidence; where p. is prefixed, (thus, p. 141,) to the paging generally; and where Roman numerals are used, (thus, xxiii) to the paging in the 7th Report. A star added to the page, (thus 26*), shews that the report and evidence on William Forsyth’s petition are referred to.

Accounts.—Audit of the Public Accounts, xix—Returns delayed by the Government, xx—Ought to be periodically required in many cases by statute, xx—All public accounts go to the Inspector General’s Office for inspection, Turquand 429—List of Accounts or Funds kept by Receiver General, p. 111—Pension Account, p. 122—Account of payments made to the Clergy, p. 132 & p. 138—Account of Expenditure in building Scotch Churches, p. 158—Account of Expenditure by Crown Land Commissioner and his Agents on Emigration, 1831 to 1834, p. 169—Roswell Mount’s Accounts, p. 172—Accounts of the Colleges withheld, p. 185.

Accountants, Public.—Their bonds are kept in the Receiver General’s Office, and are sent to the Attorney General’s office for prosecution in cases of defalcation, Turquand 431.

Acts, Colonial, proceedings with, by the Secretary of State, Law Counsel, and King in Council, p. 278.

Addresses to the King.—The Methodists request the Lieutenant Governor to convey their address to His Majesty, p. 150—Extract from an Address against disallowing the Bank Charters, p. 181—The Address of the Inhabitants of the Niagara District laid before His Majesty by Lord Goderich, {Index 2} p. 193—Addresses of Inhabitants of Lennox and Addington and of Cobourg returning thanks for Lord Goderich’s Despatch, p. 244—The Address of the House of Assembly, praying that F. Collins may be liberated from jail, p. 371.

Addresses to the Lieutenant Governor.—An address from the Methodists, 8th Sept. 1831, with his reply, pages 150 & 151—Address reported by Com. on Grievances for information relative to King’s College, p. 186—his answer, p. 187—Address of Legislative Council in answer to Lord Goderich’s despatch, p. 235 [for contents see “Legislative Council”]—Address of House of Assembly in answer to the same, p. 243—Address of do. on Post Office, p. 338—Address of do. earnestly entreating that F. Collins might be restored to his family, p. 357—Address in favor of remuneration being given to Wm. Forsyth for the injury sustained by him during the Niagara Falls outrages, p. 26*.

Adelaide.—expenditure by government in the settlement of, p. 173—the House of Commons address the King for information relative to the Niagara Falls outrages, p. iv*.

Adjutant General of Militia.—The principal and the assistant paid salaries—one of them might be dispensed with, xiii—their salaries, p. 121.

Advocate, The.—Lord Goderich considers this newspaper a proof that the freedom of the press in its utmost latitude exists in Upper Canada, p. 225.

Agent.—A Provincial agent in England would be beneficial to the agricultural and commercial interests of Canada, Moore, 77—would be advantageous as a check on hasty legislation, Wilson, 98—might check improvident legislation affecting colonial interests, Dunlop, 167.

Althorp, Lord Viscount, thanks Mr. Mackenzie for the information contained in his letter of 22nd August, on Canadian affairs, p. 299.

Appleton, Thomas.—Archdeacon Strachan has no recollection of an unfavorable report emanating from the Executive Council on his petition for his proportion of the public money as the {Index 3} teacher of a common school in York, 541—his petition to the King, forwarded per the July mail to Sir J. Colborne, Howick, p. 194.

Arbitration Bill.—A Bill to provide good understanding among neighbours, and to lessen the number of expensive lawsuits by establishing courts of Pacification, passed in the Assembly and rejected by the Legislative Council, 1830, p. 267.

Archdeacons of the Church of England.—two were saddled on the Colonial Revenue, 1827—£147 paid by Adam Gordon for their patent, p. 164.

Ashburton, Lord, condemns the doctrine that persons accused of libel may be held to bail, with security for good behaviour, before trial, p. 370.

Attorney General; the bonds of public accountants sent to his office for prosecution by the Receiver General in cases of defalcation, Turquand 431—Fees, p. 188—See also Henry Boulton, Chief Justice Robinson, and Robert S. Jameson.

Baby, Hon. James.—Sheds tears when obliged to vote against his conscience, xxxvii. Income and lands granted to, p. 248.

Baldwin, W. W., examined:—Some years ago a committee of the inhabitants of the Home District, held a correspondence, through witness, as the chairman of a general meeting, and petitions were sent home, 606—witness delivered to the committee, three autograph letters addressed to him, one from the Right Hon. E. G. Stanley, another from Lord Goderich, and the third from Mr. Hume; also an attested copy of the petition to His Majesty to which these letters had reference, 607.

☞ Ballot Bill, Leeds Election.—A Bill passed by the House of Assembly and rejected by the Legislative Council, to promote the freedom of Election in the County of Leeds, by introducing the vote by Ballot, with the votes of the members of the House of Assembly thereon, is placed the last article in this volume.

Ballot, the vote by.—Does not know a better way to cheat the {Index 4} public, Brown 350—nobody would ask for it but by gross ignorance, Strachan 556—is opposed to it, Robinson 585—Bill to establish in elections, rejected by Legislative Council, 1835, p. 275.

Banks and Banking.—The system in use injurious, Wilson, 104—Serjeant Spankie and Sir John Campbell are of opinion that the Canada Company’s Charter does not include Banking powers, Dunlop 192—a private Bank kept at Goderich, Van Egmond 215—there are many actions at the instance of Banks, three actions and three bills of costs often for one debt, Brown 338—Banks are safe places for public deposits, Dunn 406—Lower Canada Bank Notes circulate generally in Glengarry, Chisholm 237—thinks the Commercial Bank Notes circulate most as he gets most of them, Dunn 420—Commercial Bank Notes circulate most in Gore, Durand 469—three lawsuits and £30 costs charged to a Waterloo Farmer on the balance of a note of £50 discounted by the Bank of Upper Canada, Pannebacker 598—Extract from an address of the House of Assembly to the King, on the anticipated disallowance of the Bank Acts, p. 181—The influence of the Bank of Upper Canada; its refusal to submit its accounts to the House of Assembly, Mackenzie, p. 198—Bill to enable the Receiver General to issue Bank Notes chargeable on the public rejected by the Legislative Council, 1833, p. 271—Bill to Incorporate the Commercial Bank at Kingston, rejected in the Legislative Council, 1830, p. 267—Again rejected by the same, 1831, p. 268—Bill to incorporate the Bank of the Niagara District (St. Catharines), rejected by the Legislative Council, 1833, p. 271—again rejected by the same, 1835, p. 275—Bill to Incorporate the Gore District Bank, rejected by the Legislative Council, 1833, p. 272.

Bath Academy. The Legislative Council throw out a bill for a grant of money to encourage Education at the—Sess. 1835, p. 275.

Bathurst District. List of Justices of the Peace, p. 315, and of Commissioners of the Courts of Requests, p. 321.

Baynes, Thomas, explains an omission in the Blue Book with regard to his office and income, 597.

Berczy, William, votes for returning Lord Goderich’s Despatch xliv—office held by, p. 252—2400 acres of the public lands granted to, p. 253.

Bills, passed by several Assemblies for the redress of grievances but rejected by the government and its officers, p. 283.

Bills, Titles of—rejected by the Legislative Council during the last twelve years, p. 258 to p. 277.

☞ BILLS are placed at the end of the volume, which the House of Assembly passed, and the Legislative Council rejected, viz:

1. A Bill to amend the Charter of King’s College, with the votes of the House of Assembly thereon.

2. A Bill to promote Education; with the votes of the House of Assembly thereon.

3. A Bill to promote the freedom of Election in the county of Leeds, and to enable the Electors to vote by Ballot, with the votes of the House of Assembly thereon.

Blue Book, or official return of Salaries, &c. Copies of the Blue Book asked for by the House of Assembly, for 1824 to 1832; the request not complied with by Sir J. Colborne, x—The Blue Book was made up at the Secretary’s office; that officer is answerable for its correctness, Rowan 43—Errors in, explained, Rowan 45 to 52—referred to by Lord Goderich as a proof of the smallness of the salaries of official servants, p. 228.

Board of Audit.—A Provincial Board to be regulated by Law recommended to be instituted, as a means of saving many thousands of pounds to the Colony, xix—the Executive Council have acted as a Board of Audit in certain cases, Robinson 592—the establishment of a general Board might be advantageous, Robinson, 593—imperfect manner in which the Executive Council audit accounts, p. 174.

Board of Education.—Suppressed on an address of the House of Assembly, Strachan 536—An account of the receipts and payments by the general Board of Education, p. 186.

Boulton, George S., M.P.P.—His opinion respecting polling places for Durham, p. 65—Return of office and grant of land, p. 252—nature of his duties as Registrar, p. 335.

Boulton, Henry John, (late Attorney Gen’l, since Chief Justice of Newfoundland)—His excuse for not having obeyed the orders of the government relative to the expulsion of a member, xxxii—His re-appointment to office under the British Government created great distrust in Upper Canada, xxxiii—votes for returning Lord Goderich’s Despatch, xliv—votes for Mr. Mackenzie’s expulsions against the law of the land, xlv—return of offices and land grants, by, p. 252—Mr. Mackenzie complains to Lord Goderich that the Law Officers of the Crown had been employed in organizing meetings to agitate this Province for the dismemberment of the other, p. 286—Mr. Mackenzie complains to the British Government of the conduct of the Crown Lawyers—Mr. Boulton announces that he had been dismissed in a letter to Mr. Gurnett, of the Courier, dated 30th April, 1833, p. 294—Col. Rowan encloses to Mr. Boulton the order of the Secretary of State for his dismissal, p. 295, for differing in opinion from His Majesty’s Government on questions of great political importance, for their opposition to the policy which His Majesty has been advised to pursue, and for impeding the measures of his government, Despatch, p. 295—Letter to Colonel Rowan enquiring why he had been discharged, with the answer, that Sir J. Colborne concluded it must have been for opposing the constitutional views of the government, with respect to Mr. Mackenzie’s expulsions, p. 296—his letter to Sir P. Maitland, stating his recollection of the circumstances under which Clark & Street obtained a lease of a part of the Military Reserve, at the Niagara Falls, p. 24*.

Bowring, Dr., M.P.—His report on the excellent effects of the plan of book-keeping by double entry, introduced into the French Treasury, quoted pp. 177 and 179.

Brigham, Colonel Bela Brewster.—Certifies to the prices of teaming, p. 174—endorses on accounts that the services were performed and the charges just—attests to the labourers’ signatures—allowed 7s. 6d. per day as an assistant superintendant to Col. Mount, p. 175.

Brock, Sir Isaac.—Appointed Senior Member of the Executive Council, as the senior officer commanding the troops, to enable {Index 7} him to succeed to the civil administration of the government, p. 302.

Brown, John, M.P.P., (Analysis of his Evidence.)—Has seen no partiality exercised in the selection of Justices of the Peace, 322—thinks the common schools in the Newcastle District neither sufficiently numerous nor efficient, 323—Grimes’ Inn and Cottingham’s Mills, good polling places for Durham, 324—is for a union of Church and State and the supremacy of the Church of England, 327—has no idea of giving the Church one-seventh of Upper Canada, but would give a respectable maintenance out of the Reserves, 328—is perfectly satisfied with the government as it is, 329—is in favour of the law of primogeniture, 334—considers the Canada Company to have been a great injury to the country, 335—there are many actions at the instance of Banks, and three Bills of costs often incurred for one debt, 338—thinks the Provinces ought to be united, 346—does not know a better way to cheat the public than by Ballot, 350.

Buell, William, (Analysis of his evidence.)—The common schools not sufficiently numerous and efficient in the Johnstown District, 351—thinks the last Leeds Election was held at an improper place, 352—Justices of the Peace are appointed in the Johnstown District mostly from men whose opinions accord with the views of the Executive, 354—witness’ father was a member of the Assembly, and witness had represented Leeds in two Parliaments, and had recommended proper persons to be appointed as Justices of the Peace, which Sir John Colborne did not attend to, 363—the taxes now entrusted to the care of the justices would be better managed by persons selected by the freeholders, 364—the irresponsible character of the government, a great difficulty, 378—thinks that the House pf Assembly have no real check to prevent Executive usurpations of popular rights, 383—is in favour of the Bill for the more equal division of Intestate Estates and of the vote by Ballot, 385, 390.

Burnham, Hon. Zaccheus.—His office of Treasurer of the Newcastle District, omitted by His Excellency to be returned to England, Rowan 45—public lands granted to, p. 250.

Burwell, Mahlon.—Votes for returning Lord Goderich’s Despatch, xliv—offices held by, p. 252—5,200 acres of the public lands granted to, p.{?} 253.

Caldwell, Francis, M.P.P., recommends Sandwich as a fit polling place for Essex, p. 66—his income as Collector of Customs at Amherstburgh, p. 118.

Cameron, Hon. Duncan. His Income, ix—erroneous statement by, in Blue Book, 1830, Rowan 48—sends Blue Book, 1833 & 1834 to Committee on Grievances, p. 106—Income p. 115—Payments made him since 1827, £8,624, p. 127—his return of offices and grants of land made to him, p. 248.

Campbell, Sir William, his pension, 4½ years, £5,989, p. 122—return of his offices and grants of, and, p. 250.

Campbell, Widow, £308 transmitted by Receiver General, from Colonial Revenue, to England, to pay her pension, p. 184.

Canada Company, one of the greatest curses ever entailed upon the Province, Moore 68—their reserves escape taxation, Wilson 89—are an injury to the colonists, O’Grady 131—injurious to the country because the money paid them by the settlers is taken from the sums they had saved to improve their farms, Chisholm 275—a great injury to the country, Brown 335—will do great injury by draining the colony of money to send to England, Durand 473.

See also the evidence of William Dunlop, Esq., pages 22 to 26; and of Colonel Van Egmond, pages 26 and 27.

Castlereagh, Lord, extracts of letters from, to Governor Gore, authorising the appointment of John McGill, Prideaux Selby, and W. D. Powell, as executive councillors, p. 303.

Central Committee of Friends of Civil and Religious Liberty, their resolution authorising W. L. Mackenzie to act as an agent for the petitioners whose memorials Mr. George Ryerson had carried to London, p. 188.

Chapels to Dissenters—grant in aid of erecting these places of worship to be reduced from £4,200 to £2,000; despatch from Colonial Secretary, 1834, p. 130.

Chaplain of Assembly’s Salary Repeal Bill, rejected by Legislative Council, 1830, p. 266; and again, 1832, p. 269.—It involves the whole merits of the claims of 24,500 petitioners to be relieved from the undue interference of the Government in matters of religion, Mackenzie, p. 285.

Charter of King’s College. A copy is placed at the end of the reports, and paged a, b, c, d, e, f, g.

Chewell, William. Employed as Surveyor General; retires on a pension and with the office of Registrar of the Surrogate Court, x.—his fees and pension, p. 121 and p. 123. See also S. P. Hurd.

Chief Justice, the, must, as a judge, be led too deeply into the political affairs of the colony, if he should retain his seat in the Executive Council, Colborne, p. 277.—It is not intended that the Chief Justice should continue a member of the Executive Council; Sir G. Murray, p. 277.

Chisholm, Colonel Alexander, M.P.P. (Analysis of his evidence.)—is not aware that the justices of the peace in the Eastern District are appointed with reference to their political opinions, 235—it is probable as many Lower Canada bank notes circulate in Glengarry as any others, 237.—the roads are bad, 238,—the schools are numerous, but not efficient, 239—the two most central polling places for Glengarry are Williamstown and Alexandria, 241—witness is inimical to the payment of the clergy of a variety of religions by the state, 243—understands that £100 is allowed by Government for each of four schoolmasters brought into the country by Bishop McDonell, 247—Although a Catholic, has never seen the accounts of the expenditure of the church at St. Raphaels, 250—the Catholic clergy exact Tythes in Glengarry under the authority of the old French law, 252—very few members of Church of England in Glengarry, but 33,000 acres set apart for their clergy, 253—Glengarry about equally divided between Catholics and Presbyterians, 254; has heard of persons signing notes for £25 towards building Bishop McDonell’s church, and known of their cattle, cows and chattel property having been sold to pay their subscriptions, 258—£25 was the general average demanded towards paying for the building of the church, 262—the rate of taxing rateable estate does not afford just ground of complaint, 264—the wild lands should be at the disposal of the Legislature, 266—if the Legislature and Executive would pull one way it would be best, 269—is opposed to the law of primogeniture, 273—thinks the Canada Company injurious, because the money paid them by the settler is taken from the stock which would have improved his farm, 275—population and territory the proper basis of representation, 282—thinks that juries are impartially summoned in Glengarry, 286—is favorable to the vote by ballot, 287.

Chisholm, Colonel William. Offices held by, p. 117—£1,341 expended by, as an emigrant agent, 170.

Christie’s, Robert, Expulsion. The difference shewn between it and Mr. Mackenzie’s with respect to the action of the British Government, p. 293.

Church of England.—£27321 paid Government to, during last three years, xvi.—Glebes given to, xviii.—the Canadians should be extremely cautious of the encroachments of this church to any thing like a dominant religion, Hume, p. 98—appropriation for clergy of, p. 132—Ditto, p. 138—List of clergy of this church in 1833, and the half yearly payments to, from funds of Province, p. 135—Payments from England to church clergy in 1832 and 1833 (since discontinued) p. 141—Lord Howick’s letter recommending the discontinuance of grants from England to Bishops and clergy in America, p. 142....Lord Howick’s letter of 18th January, 1832, expressing his opinion that the colonies ought to provide for their own clergy, p.{?} 142....list of clergy and payments to, in U. C., 1st January 1834, p.{?} 144....list of clergy, and half-yearly payments to, 1st July 1834, p. 145....list of Missionaries of Church, &c. and payment to, 1st January 1835, p. 146....pensions to retired Missionaries, p.{?} 147....widows’ pensions, p.{?} 148....payments to, 1833 and 1834, p. 163 and 164....table of clergy, with their missions and congregations, p.{?} 165....His Majesty’s Government do not wish that an undue preference should be shewn to the preachers of, p.{?} 228.

Civil List.—Sir J. Colborne conceals from the Assembly the terms of a proposition by the King for a further provision for the civil list, xlii.

Clark & Street, claim the disputed property at the Falls of Niagara, respecting which the outrage had its origin; the Attorney General considers their claim an unrighteous one, Jameson, p. 3*—the circumstances under which they obtained a lease of part of the Military Reserve, near the Falls of Niagara, p. 24*.

Clark, Hon. Thomas.—his evidence of the subservient character of the Legislative Council, xxxvii—his return of 2414½ acres, granted him by government, p. 248—referred to by the Chief Justice, relative to W. Forsyth’s petition, in as far as it affected his personal character, p. 11*.

Clergy of Upper Canada.—Paid by government, £40,441 in three years, p. 129—Receiver General’s detailed accounts of payments to, p. 132 to p. 134—and p. 138 to p. 140—correspondence between the Colonial Office and Treasury, relative to British N. A. Clergy, p. 142, p. 143 and 144.

Clergy Reserves.—33,000 acres set apart for the clergy of the Church of England in Glengarry; few if any members of that church there, Chisholm, 253—General Brown thought the Crown and Clergy Reserves would have compensated the Americans for the expense incurred in the invasion of Canada, McMicking 437—The proceeds of sales of, are remitted to England and placed in the funds, Robinson 595—payments from in 1833, £8,032.

Clergy Reserves Sale Bill.—Bill to dispose of a part of the clergy reserves for the education of youth, passed the Assembly and rejected by the Legislative Council, 1827, p. 261—passed and rejected by the same bodies, 1829, p. 264—and again, 1830, p. 266—and again, 1833, p. 273—and again, 1835, p. 274.

Cobourg, 596 inhabitants of, thank His Majesty for Lord Goderich’s Despatch, p. 244.

Coffin, Nathaniel—his offices and income, p. 121—For particulars of his arrest and imprisonment by order of the Assembly, see Givins & Coffin, Colonels.

Colborne, Sir John.—His salary, viii—declines to comply with the request of the House of Assembly for copies of the Blue Book for 1824, &c.—rebukes the Methodist Preachers xvi—refuses the request of the House of Assembly, that he would remit the residue of the punishment awarded to F. Collins, for a libel on Mr. Attorney General Robinson xxi—releases the Farmersville rioters xxi—disregards the views of the House of Assembly in the matter of the Leeds election xxi—refuses to inform the House of Assembly why the Crown Lawyers had been dismissed and recalled xxxi—his declaration on that subject directly contradicted by Mr. Hagerman xxxii—states his opinion that the Legislative Council lacked independence xxxv, xxxvi—the House of Assembly express dissatisfaction with the conduct of the Executive Council; Sir J. Colborne’s administration disappoints the people, and affords an opportunity for the accumulation of abuses xli—confidence cannot exist between the Executive and the Assembly while those who have long lost the esteem of the country are continued in the public offices and councils xlii—submits a proposition to the Assembly for a further provision for the civil list, but conceals the liberal terms proposed by the King xlii—while the Assembly provide for the support of the civil government, it is a reasonable request, that the Lieutenant Governor and those about him should possess the public confidence xlvii—intimates to Archdeacon Strachan, that his services in the two {Index 12} Councils could be dispensed with, O’Grady 130—memoralized to no purpose by the Catholics of Toronto respecting the alledged peculations of Bishop McDonell, O’Grady 223—did not attend to a recommendation respecting persons fit to be Justices of the Peace, Buell 363—writes to Bishop McDonell recommending Dr. O’Grady’s claims, p. 59—to be paid an additional salary of £500, by the authority of the Lords of the Treasury (out of Canadian Revenue) besides £2000 and £1000 sterling, of previous salaries, Turquand 425—salary, p. 114—his income in 1834, £5,631, p. 126—address of the Methodists, Sept. 8th, 1831, and his reply, p. 151—there appears to have been ample time afforded to send the King’s College and Upper Canada College accounts, had government been disposed to comply with the address of the House of Assembly, p. 185.—

The government supplied itself with the public money regardless of the remonstrances of the House of Assembly, and refused to tell to what purpose it had applied the revenue, Mackenzie, p. 197—Address of the House of Assembly to, Jan’y 1829, praying against evil advisers and a suspicious administration of justice, p. 206.

Extracts from a memoir, registered in the Colonial Office, as 3019, Upper Canada, p. 207—what his excellency’s successor ought to be; disregards the views of the House of Assembly, p. 212—Lord Goderich’s despatch of 8th Nov’r, 1832, to, p. 217—the acknowledgment of it, p. 234, with certain addresses in reply, pages 235, 243 & 244—Despatch to Viscount Goderich, 28th March, 1833, with returns moved for by Mr. Hume, p. 247—Letter to Sir Geo. Murray, stating the defects that existed in the Legislative and Executive Councils, 16th Feb’y 1829—10,000 persons in Upper Canada petition the House of Commons for an enquiry into the conduct of, p. 282—communicates a despatch from Lord Goderich to H. J. Boulton, Esq. authorizing his dismissal from the Attorney Generalship, p. 295—states his understanding as to the cause of the dismission of the crown lawyers, p. 296—message from, to the House of Assembly, in answer to questions contained in an address reported by the Committee on Grievances, relative to the Justices of the Peace, the Courts of Request, the offices held by members of the Assembly and the duties of the executive council, p. 300.

The Assembly address his excellency for copies of his correspondence with His Majesty’s government, relative to Mr. Mackenzie’s expulsions, and relative to the removal and reinstatement in office of the crown lawyers, and the appointment of Mr. Jameson; he declines to comply with their request, unless it were sanctioned by the British government, p. 356—the Assembly address his excellency “earnestly entreating” him to remit the sentence passed on Francis Collins and to restore him to his family, p. 358—he replies that he regrets that the Assembly should have asked him to do an act which the obligation he is under to support the laws and his duty to {Index 13} society forbade him to comply with, and transmits Judge Sherwood’s notes on a petition of Francis Collins to him, p. 358—F. Collins’s memorial, p. 360—answer of his excellency, p. 360—The Assembly censure him for his indecorous message and the unjust imputations it conveyed against them, p. 361—Despatch to Lord Goderich, with papers relative to the Niagara Falls Outrages, p. 4*—Sir Geo. Murray’s letter to, with his opinion of Sir P. Maitland’s conduct in the matters of Colonels Coffin and Givins, and W. Forsyth, p. 20*—Address to, from the Assembly in favor of W. Forsyth, and his reply that he could not favorably recommend it to His Majesty’s government, p. 26*.

Collectors of Customs.—The absurd system under which they are remunerated adverted to, xii—Incomes of the Collectors, p. 117 & 118—Circular, with instructions from the Inspector General, that it will not be in the power of the lieutenant governor to continue any collector of customs in office who does not reside at his port and perform the duties, p. 333.

Collins, Francis, (Printer, York.)—The House of Assembly “earnestly entreat” Sir John Colborne to release Collins, who was confined in prison for an alledged libel against Attorney General (now C. J.) Robinson, p. 357—his excellency refuses to comply, p. 358—Judge Sherwood lays down a rule for enforcing a vindictive punishment, p. 359—Mr. Collins’s memorial to Sir J. Colborne, with the reply, p. 360—Resolutions passed by the Assembly, reproving Sir J. Colborne for the unjust imputations conveyed against the House by his answer, p. 361—Resolutions in favor of Mr. Collins, p. 362, &c.—Address to His Majesty on his behalf, p. 371.

Colonial Governors.—the British bestow too little care in the selection of them, xli—Income, amount of, since 1827, £38,524, p. 126—the situation of a Lt. Governor of U. C. described, Mackenzie, p. 208—his duty, p. 209.

Colonial Office.—No account of the details of the expenditure of the public revenue, on Methodist, Protestant Episcopal, Presbyterian and Roman Catholic clergymen, sent to the Colonial Office in 1832, 1833 & 1834, xv—The interference of a succession of colonial ministers in the affairs of the Canadas a great injury, xxxix—protested against by the House of Assembly in an address to the King, p. 181—its proceedings in 1829, pages 206 & 207.

Colonies.—Upper Canada unhappily subjected to the injurious interference of a succession of strangers 4000 miles off (in the colonial office) in her domestic affairs. Such interference felt to be intolerable, xxxix.

Committee on the Niagara Falls Outrage.—Consisted of Messrs. John Rolph, Capt. Matthews, Beardsley, Lefferty, and Randall—extract from their report, p. iv*.—Chief Justice Robinson’s remarks relative to this committee, pages 8*, 10*, 11*—A gross attack made apon them in a secret despatch of Sir P. Maitland to Mr. Huskisson, p. 13* to p. 17*—Further remarks on the proceedings of the Committee by Sir P. Maitland, pages 22* & 23*—Mr. Boulton states that the Committee reported on a petition complaining of pretended injuries sustained, p. 25*.

Common Schools, inefficient in Prince Edward, Wilson 118—not sufficiently numerous and efficient; the New England mode the best for Upper Canada, Dunlop 174—numerous but not efficient in Glengarry, Chisholm 239—neither numerous nor efficient in the Western District; the sale of the Clergy Reserves would afford a fund for their improvement, Angus McDonell, 306—neither numerous nor efficient in the Newcastle District, Brown 323—not sufficiently numerous and efficient in the Johnstown District, Buell 351—Ditto in the District of Gore, Durand 472.

Constitutional checks on Kingly or Aristocratic Encroachments in England, xxxiii—not to be found in U. Canada, xxxiv.

Cornwall, Nathan, M.P.P. recommends Chatham as a fit polling place for Kent, p. 63.

County Courts, Bill to Establish, rejected by Legislative Council, 1827, p. 262.

Courier of Upper Canada.—Mr. Boulton encloses to Mr. Gurnett, the editor, copy of Lord Goderich’s Despatch, ordering the Crown Lawyers to be dismissed, for having “promoted the repeated expulsion of a member of the Assembly, altho’ the constitutional objections to that course had been made {Index 15} known” to the executive by His Majesty’s Government, together with his correspondence with the local government on that subject, and states that he had been for 16 years a law officer of the crown, p. 294—A violent and abusive commentary by the Editor, in which he states that the minds of all the well affected people in the country begin to be unhinged, their affections are already more than half alienated from the British Government, and they already begin to cast about in their mind’s eye, for some new political state of existence, p. 296.

Courts of Requests.—A Bill to extend the jurisdiction of, and to allow the parties the right to a trial by jury, where either party desire it; passed the Assembly and was thrown out and rejected by the Legislative Council in the Session of 1835, p. 275—The Commissioners are appointed in a manner directed by sec. 2. 3rd William 4. ch. 1., p. 300—A return of the Commissioners, with the dates of their appointment, p. 318—for the Eastern District, p. 318—Ottawa District, p. 320—Johnstown District, p. 320—Bathurst District, p. 321....Midland District, p. 323....Prince Edward District, p. 323....Newcastle District, p. 324....Home District, p. 326....Gore District, p. 327....Niagara District, p. 329....London District, p. 330....Western District, p. 331.

Craig, Sir James Henry, the Prince Regent’s instruction appointing an Executive Council, p. 302.

Criminal Prosecutions.—The Crown Officers exercise an exclusive right to conduct criminal prosecutions at the Courts of Oyer and Terminer and General Jail Delivery—report of committee to H. of A. p. 204.

Crevier, Rev. Mr., sent to Lake Simcoe to rescue the Indians from the fangs of the Yankee Methodists, p. 33.

Crown. Patronage of the Crown in Upper Canada, iii—Checks on arbitrary power in England, xxxiii.

Crown Lands, would have compensated the Americans in part for the expense they incurred in the invasion of Canada, McMicking 437....on emigrants settling on, p. 170 to p. 175.

Crown Lands Office, salary of Commissioner, p. 114—of his clerks, p. 115—of agents, p. 121—Income of agents, pages 171, 172—His Majesty, on Lord Goderich’s recommendation, had stopt their gratuitous distribution, p. 224.

Crown lawyers, the, (Messrs. Boulton and Hagerman,) vote for returning Lord Goderich’s Despatch, xliv—exercise in exclusive right to conduct criminal prosecutions at the courts of oyer and terminer and general jail delivery, report to H. of A. p. 204—Account of their dismissal from office, and the causes p. 294 to p. 299—both the crown officers (Messrs. Robinson and Boulton) were engaged in defending the persons guilty of the outrage upon Mr. Forsyth’s premises at the Niagara Falls, Com. of Assembly, p. iv*.

Crown Office—A grievance of magnitude xii—the Judges have the power to remedy the evil by diminishing the fees xiii.

Dalton Thomas.—(Analysis of his evidence.)—Is the proprietor of the “Patriot,” 309—paid more postage than Mr. Stayner has returned to the British Government 311—thinks the return of 50 papers to the Kingston Chronicle incorrect, 313—thinks letter postage rates between Canada and England enormous, 315—would recommend one halfpenny a sheet postage, 319. His motion in the case of F. Collins, p. 356.

Debt, Provincial, was £180,500 currency and £176,600 sterling on 15th of January, 1835, Dunn 421—the amount of outstanding debts due to the provincial government not known in Receiver General’s Office, Turquand 426—believes that it is the duty of the Inspector General to keep an account of such debts, Turquand 427.

Defamation of the character of Mr. Rolph and others by Chief Justice Robinson, in a secret report to His Majesty’s Government p. 204.

Despatches are not enregistered in any way, Rowan 28—Sir John Colborne refuses to lay before the House of Assembly the correspondence of the Colonial Executive with the British Government relative to the dismissal and re-appointment to offices of Messrs. Boulton and Hagerman, the expulsions of Mr. Mackenzie, and the nomination of Mr. Jameson to the office of Attorney General, without the sanction of the Colonial Office, p. 356—“It has of late years grown into a practice to submit the official correspondence had with the Colonial Office to the Legislatures of the Colonies, if called for by them, unreservedly”....Despatch, Sir P. Maitland; Governor of Novascotia, to Lord Stanley, London 24th June, 1833, p. 23. * See also, Viscount Goderich. Sir J. Colborne. Right Hon. E. G. (now Lord) Stanley. Sir George Murray. Sir P. Maitland. Sir George Prevost. Right Hon. W. Huskisson. Lord Castlereagh.

Dickson, Hon. William, member of the Legislative Council, gives evidence of the subservience of that body to the Executive, xxxvii....grants of land to, p. 249.

Dissenters. The grant for building their Chapels to be reduced from £4,200 to £2000, p. 130....See also Col. Rowan’s letter, p. 129.

District Courts. Fees to the clerks too high xii—Jonas Jones a judge of three districts, holding other offices, xiii—Incomes of the Judges, see page 116 to page 120—For incomes of Clerks of the District Court, see pages 119 & 120.

District Funds. Direct District Taxation, 1833, £18,441; do. 1834, £18,671; also wild lands assessment rates, p. 187.

District Schools, in most cases a nuisance, A. McDonell 307—Salaries of the Masters, p. 119.

District Treasurers, £740 of per centage paid to twelve; their appointment is in the justices of the several districts, p. 187.

Dunlop, William. (Analysis of his Evidence.)—£100 the original nominal value of a share in the Canada Company, 159—£17 10s. per share have been paid up, 161—the shares sell in London at £42; were once at £53, 162—thinks the bill for a more equal division of Intestate Estates a bad measure, 163—thinks that an Elective Legislative Council would make us a republic, 164—pensions to Judges should be regulated by Law, 165—thinks the Governor should appoint the Postmaster General, and that his accounts should be audited like those of other public officers, 166—is in favor of having an Agent in England as a means of checking hasty legislation there affecting colonial interests, 167—thinks the legislature have shewn their incapacity of managing revenue matters, as for instance the Welland and St. Lawrence Canals, 169—does not consider the waste lands of the crown to be public land, but in possession of the Crown, as much as Windsor Park, 170—the public revenue ought to be appropriated only according to law, 171—No Canada Company’s Settler has ever been ejected from a lot, 173—the Common Schools are not sufficiently numerous and efficient; recommends the New England system of taxing all for the support of schools and compelling parents to send their children to school, 174....believes high postage rates on letters to be burthensome and injurious to trade, 165....believes that the Canada Company was formed for the express purpose of paying the War Losses, 177....is opposed to partial payments from the public revenue to uphold certain religious sects 178, and in favor of a government responsible to public opinion, 180—the Company’s Lands in the Huron Tract are selling at 8s. 9d. to 15s., 181—that tract liable to be taxed, but the Crown Reserves are not liable, 182....a Crown Reserve liable to be taxed the moment a settler is licensed by the Company to settle on it; the unsurveyed {Index 18} part of the Huron Tract pays no taxes, 183....all Company Lands are sold to settlers on credit, with interest, 185....thinks that the outlay of money by the Company will amply compensate the province for the monopoly granted them, 189....thinks that the Company’s Charter conveys Banking powers, but Serjeant Spankie and Sir John Campbell think otherwise, 192....£26,000 have been expended in improving the Huron Tract, 195....the Governor alone judges of the expenditure, 197....the number of shares held in the Canada Company is how over 9000,—199....the dividends to shareholders on their paid up capital have been 4 per cent, 200.

Dunn, Hon. John Henry. (Analysis of his Evidence.)....There are two revenues, one under the control of the province legislature, and the other under the control of the Lords of the Treasury, 402....the balances of revenue are very fluctuating, and may average £10,000, 404....thinks the banks safe places for public deposits, 406....gives security for public balances, 407....thinks the supervision of the Inspector General extends to all branches of revenue, 409....pensions are paid by order of the Lords of the Treasury, 414....witness receives £200 out of the funds of the Canada Company for the accumulating business connected with crown duties, 415....receives another £200, sterling, as Receiver General of Crown Lands, and £700 as Receiver General, from the Province, 416....accounts to the Inspector General twice a year, 417....thinks the Commercial Bank notes have the largest circulation in the Province, 420....the public debt was £180,500 currency and £176,600 sterling on 15th January, 1835, 421.

His Income & Duties ix.....Errors in the return to His Majesty’s Government per Blue Book, as to his income, Rowan 52....Letters to W. L. Mackenzie concerning the public Funds, p. 111....Letters to do. on do. p. 112 and 113....Salary, p. 114....Payments made to him since 1827, £11,534, p. 128....Letter to Colonel Rowan on Revenue, p. 131....Offices and grants of land, p. 250.

Durand, James, M.P.P.—His opinion relative to proper polling places for Halton, p. 66.

(Analysis of his Evidence.)—Is fearful that the tendency of our system of government is to discourage the more wealthy and enterprising classes of emigrants, as very many of them, of large capital, settle in the United States, 464....the Justices of the Peace in the Gore District are generally taken from the government side in politics, latterly new comers, in whom the people have little confidence, 467.....the Commercial Bank is supposed to circulate more notes than any other in the Gore District, 469....the population of Halton is about 30,000, 470....Common Schools, generally speaking, are not sufficiently numerous or efficient, 472....the Canada Company will yet do great injury by draining the country of money to send to England, 473....is in favour of an elective council; the council, as now constituted, is regardless of the people’s wishes, 478.

Eastern District.—The refusal of the bench of Magistrates to render an account to the House of Assembly of their receipts of the local taxation and revenues raised from the people, a proof that the system requires revision, v....the complaints of the people of that District against Magisterial peculation, of long standing, vi....List of the Magistrates in, p. 316....List of Commissioners of the Courts of Requests in, p. 318.

Ecclesiastical Establishment, xiv....The Ministers of the four sects composing the Ecclesiastical Establishment derive their official pensions entirely from Provincial Revenues, xv....£40,441 paid them in that way in 1832, 3, 4, p. 129....Receiver General’s account, payments to, p. 132 to 134....animadversions on the political system of three state paid churches, Mackenzie, p. 200....Mr. Mackenzie reminds Lord Goderich of the remonstrances of the House of Assembly against Church and State unions, p. 284.

Education and Schools.—Conduct of the Executive with respect to, Mackenzie, p. 199....Lord Goderich expresses the great anxiety of His Majesty for the encouragement of Education in Canada, p. 226....the Legislative Council expresses its regret that His Majesty should have found it necessary to quicken the authorities in Canada to their duties of promoting the education of the people, by enforcing Mr. Mackenzie’s views p. 239....Bill to encourage Education, 1835, rejected by Legislative Council, p. 275.

☞ A Bill to amend the charter of King’s College, and a Bill to promote Education, which were rejected by the Legislative Council, with a copy of the College Charter, are placed at the end of this volume for reference.

Elections.—Alterations in the law of, must originate with the Provincial Legislature, Goderich, p. 219....an abuse of the influence attendant on office for controlling elections would deserve censure, Goderich, 225....it is His Majesty’s earnest desire that the expense of Elections should be reduced within the narrowest limits, Goderich, p. 228....Lord Goderich recommends the repeal of the act disqualifying British subjects who had resided in a foreign state from voting at elections until after a seven years’ residence in Canada, p. 224.

Elective Institutions.—Arguments in favour of, xxxiv....an Elective Legislative Council recommended by the Committee, xxxix....opinions of Mr. Fox, and other eminent statesmen in favour of, xxxix....the Legislative Council inform his Majesty’s Government that their confidence in the prudence of the Parent State had begun to be impaired some years ago, when they saw {Index 20} a Committee of the House of Commons asking questions of “such individuals as happened to be at hand,” and pressing on them as it were to give sanction to the opinion that the Legislative Council should be rendered elective, a change which they, the Council, greatly deprecate, p. 240.

Ellice, Rt. Hon. Edward, M.P.—Assists Mr. Mackenzie in his efforts to obtain a redress of the Grievances complained of by 24,500 inhabitants of Upper Canada, xxiv—report by, concerning the best mode of managing the public revenue, p. 176.

Elliott, William, votes for returning Lord Goderich’s Despatch, xliv....grants of the public lands made to him, 1400 acres, p. 252.

Elmsley, Hon. John, complains that the Executive Council is not an independent body xxvii....His letter, on resigning his seat in the Executive Council; declares he could not express his sentiments at the Council Board, if opposed to those of the Executive without incurring the risk of dismissal from office, p. 91....his statement declared incorrect by Archdeacon Strachan, 526....and by Mr. P. Robinson, 591....return of his offices and grants of land p. 250....appointed to the Legislative Council, p. 277.

Emigration. Expenditure on, xviii....The more wealthy class of Emigrants pass thro’ Canada to the United States xxvi....the more wealthy class of emigrants take up their residence in the United States, alledging that they like the management there, McMicking 463....very many emigrants of large capital settle in the United States, Durand 464....encouraged by the Executive Government but discouraged by the slanderous newspapers, Strachan 563....the system of government has not tended to discourage wealthy and enterprizing emigrants, Robinson 584....expenditure on, 1831, 2, 3, 4, £31,728, p. 169....imperfect mode of accounting for public monies, p. 172....Roswell Mount’s expenditure, £7,558, p. 172....Mr. Macdonell, M.P.P’s. expenditure p. 172....payments by Mount for provisions to emigrants in Adelaide & Carradoc, p. 173....the political priesthoods paid by government believed to be the cause of the disputes engendered between the Orangemen and other Irish emigrants, p. 200....mismanagement in the land granting department drove 29,000 emigrants from Canada in 1827 and 1828, p. 216.

Espionage.—Systematically spreading from the seat of government, over the face of the country, see petition, p. 103....in the case of Capt. Matthews, p. 203....prevailed during Sir P. Maitland’s government, to the ruin of many good men, p. 206.

Everlasting Salary Bill.—Sir John Colborne’s want of candour in concealing from the Assembly the King’s liberal proposal for a further provision for the civil list. The everlasting salary bill has spread universal dissatisfaction and distrust, xlii....Lord {Index 21} Goderich’s remarks on the, pages 228 & 229....First Everlasting Salary Act Repeal Bill, rejected by the Legislative Council, 1829, p. 264....and again, 1830, p. 267.

Executive Council.—Extravagant Income to its first clerk, xi—Described by Mr. Stanley as a perfectly anomalous body xxvii....its duties and powers, xxix....The executive council has never satisfactorily fulfilled its duty. The House of Assembly express dissatisfaction with the conduct of the council, xli....All the members of the present executive council join in an unanimous vote of censure against the communication of the King’s pleasure thro’ Lord Goderich’s despatch, but are nevertheless continued in the service of his majesty, xlv....The council is permitted to see such parts only of the correspondence between the lieutenant governor and colonial office as he thinks fit, Rowan 30....ought to be responsible, and removable at the call of the people, for abuse of power, Hume, p. 98....incomes of its members and officers, p. 115....imperfect audit of accounts by, p. 174, 175....Sir John Colborne’s letter to Sir George Murray, with his opinion of the, p. 277....in no case are powers committed to it except by express provisions of British or Colonial Statutes; it should concur with the lieutenant governor in deciding upon applications for lands; and advise his excellency when he asks advice; the lieutenant governor exercises his judgment in asking for their advice, except where directed by the royal instructions, Colborne, p. 301....Executive councillors are appointed by the King, Markland 493....cannot act independently and retain their seats, Elmsley, p. 91....can act independently and continue in office, Robinson 591....Despatch, Sir G. Prevost to Sir Isaac Brock, appointing him senior member of the council, as the senior officer commanding the troops, p. 302....Sir Gordon Drummond, Chief Justice Scott, the Bishop of Quebec, James Baby, Alex’r. Grant, John McGill, and W. D. Powell, made members of p. 303....proceedings in Council, p. 303.....report from, on the case of colonels Givins and Coffin’s imprisonment, p. 20*.

Executive Functionaries, endeavour to excite dissatisfaction with the law for raising a fund for the relief of destitute emigrants—strive to engender dissension between the people of the two Canadas, xlvi.

Expulsions of W. L. Mackenzie.—The Lieutenant Governor alledges that Messrs. Boulton and Hagerman had been removed for the part they took in Mr. M’s expulsions, xxxi....Votes relative to xliv....A difference shewn by Lord Howick in the claim of Mr. Christie and Mr. Mackenzie to the action of the Government relative to their expulsions, p. 293.

Fees.—The Tariff of Fees in the Court of King’s Bench regulated by the Judges at their discretion, vi....A revision of the tariff of Fees paid to Sheriffs recommended, xii....The tariff of Fees paid at the Crown Office declared to be a grievance of magnitude—the Judges have the power to apply a remedy, xiii....Fees, Salaries and Emoluments, page 114 to page 122....Fees reported in the Blue Book, p. 188.

Felon’s Counsel Bill.—Bill to allow persons tried for felony the benefit of full defence by Counsel, passed in the House of Assembly, 1825, but rejected by the Legislative Council, p. 259—again rejected by the Legislative Council, 1826, p. 260....again rejected by them, 1827, p. 261....again rejected by them, 1828, p. 263....again rejected by them, 1831, p. 268....again rejected by them, 1832, p. 269.

Fitzgibbon, James, his income, p. 116....claims £54 as an Emigrant Agent, p. 172.

Forsyth, William, complains to the House of Assembly of Sir P. Maitland and Capt Phillpotts....a committee report on his petition, p. 204....report to the Assembly on the same subject, 1835, p. iv*....his petition, 1*....evidence on it, 2*....Address of the House of Assembly on his behalf, 26*....Sir J. Colborne’s reply, 26*.

Forty-fourth of the King repeal Bill (otherwise known as the Gourlay Banishment Bill.)—A Bill for its repeal, passed by the Assembly but rejected in the Legislative Council, year 1824, p. 258....ditto do. 1825, p. 259....passed by the Assembly and so altered and changed in the Council as to procure its rejection in the Assembly, 1826, p. 260....ditto do. 1827, p. 262....passed by the Assembly and thrown out by the Council, 1828, p. 263.

Fothergill, Charles, brought the question of the dismemberment of Lower Canada before the Assembly in the shape of resolutions, p. 286.

Fox, Right Hon. Charles James, was in favor of Elective Institutions as being the most suitable for the Canadas, xxxix.

Friends, or Quakers.—A Bill for their relief from certain disabilities, passed in the Assembly and rejected in the Council, in 1825, p. 259....and in 1826, p. 260....Bill to allow their evidence to be received in criminal proceedings, 1825; royal assent withheld from, p. 260....A Bill to relieve them from the payment of fines or commutation money for the non-performance of militia duty in time of peace, passed by the Assembly and rejected in the Legislative Council, in each of the following sessions, viz: 1830, p. 267....1835, p. 274.

Funds, or Accounts kept by the Receiver General, Fund A., Fund B., Fund C., &c., p. 111....Fund D. ordered to be kept separate from Fund K. p. 184.

Gag Law, passed fourteen years ago, making it a crime for people to meet and complain of grievances, Mackenzie, p. 202—Lord Goderich’s remarks on, p. 225.

Gamble, Clarke, as attorney for the Bank of Upper Canada, institutes three lawsuits against Henry Pannebacker, a Waterloo farmer, and charges £30 costs on the balance of a bill of £50. discounted at the Bank and overdue—Pannebacker 600.

General Meeting of Home and neighbouring Districts. They appoint Mr. Mackenzie to carry to London an address to the King and a memorial to the House of Commons, and to support the prayer of the same by evidence, p. 189.

Givins & Coffin, Colonels.—Chief Justice Robinson’s remarks upon their arrest and imprisonment, p. 9*—Sir Peregrine Maitland transmits a statement to Mr. Huskisson, relative to their arrest and imprisonment by the orders of the House of Assembly; stating that colonels Givins and Coffin had notified him that they had been summoned to attend a committee of the Assembly appointed to enquire into the merits of a petition from Wm. Forsyth; that he refused to permit their attendance; that the House brought them to its bar for contempt; and sent them to jail, p. 13* to p. 18*—Summons to Col. Givins, his reply and Sir P. Maitland’s order, p. 18*—Summons to Col. Coffin, his reply, and application for permission to appear, p. 19*—Despatch of Sir G. Murray, relative to, p. 20*.

Glebes, xvii—1500 acres of the commons left in lieu of side lines in certain townships in the Niagara District lately granted by licence of the executive to the churchwardens of an English church, McMicking 442—Glebes set apart in 1833 & 1834, p. 164—Glebes reserved previous to 1833, 461.

Goderich, Lord Viscount (now Earl of Ripon.)—Had the King’s commands to express the royal wish that the people might be consulted concerning the constitution of King’s College, xviii—his despatch of 8th Nov. 1832, in answer to the complaints of the people, made thro’ Mr. Mackenzie, xxii—It contained many valuable concessions to the wants and wishes of the people, but was treated with indignity by men in office in the provincial parliament, xliii—Letter to Dr. Baldwin on Canadian Grievances, 7th May, 1829, p. 98—The views of the British Government can only be made known to the people of Upper Canada thro’ the Governor or the Legislature, p. 191—interview with Messrs. Hume, Viger, Mackenzie and Geo. Ryerson, p. 191—postponed, p.{?} 192—2nd interview with, p. 193—further audiences, p. 195, 196—Selections from papers addressed by Mr. Mackenzie to, and sent to Sir J. Colborne for publication in Upper Canada, with despatch of Nov. 8th, 1832, p. 196, (A. to L.)

The despatch to Sir J. Colborne, page 217 to page 234. His Lordship had selected three documents from Mr. Mackenzie’s correspondence, of which copies had been sent to Sir J. C.—The petitioners for a redress of grievances, 12,075, p. 218—petitioners satisfied with the institutions of the colony, 26,854 persons—alterations in the election laws must originate with the provincial legislature, p. 219....observations on the basis of representation, p. 220....the subject continued, p. 221....on a town representation, p. 222....favorable to a representation being given to an University, not such a one as that which had been chartered....his majesty’s government had referred to the House of Assembly the question, in what form and on what principles the college should be founded....in favor of the payment of wages to town members....on location ticket votes, p. 223....would be happy to introduce a bill into parliament, if necessary, to enable the menonists and tunkards to exercise the elective franchise on the same footing as the Society of Friends....the gratuitous disposal of the crown lands interdicted....recommends the repeal of the act disqualifying British subjects for 7 years from voting, after a residence in a foreign state, p. 224....the Colonial Advocate a proof that the freedom of the press is enjoyed in Upper Canada....remarks on law of 1818, prohibiting meetings, and on alien question....an abuse of the influence attendant on office, for the purpose of exercising an improper control over elections, would justly expose to the heaviest censure those to whom it could with truth be imputed, p. 225—His Majesty desirous to encourage the education of the children of the yeomanry—has invited the Legislature to consider how the University could be best constituted—a large portion of the public lands had been set apart for the purposes of education, and the royal assent would be given to any system of local assessment for building school houses and maintaining teachers, p. 226....the House of Assembly should have the most full and particular account they may choose to call for, of the receipts and expenditure of the whole revenue from whatever {Index 25} source derived, p. 227....is rather predisposed to the opinion that by resigning their seats in the legislative council Archdeacon Strachan and Bishop McDonell would best consult their personal comfort and the success of their designs for the spiritual good of the people....does not wish that an undue preference should be shewn to the preachers of religion of the established churches of the United Kingdom....it is the earnest desire of his majesty that the cost of elections should be reduced within the narrowest possible limits...refers to the Blue Book as a proof of the smallness of the salaries of public servants, p. 228....remarks on proceedings of the committee on the state of the representation....the people of Upper Canada have the highest claims to the attachment of their sovereign and the British nation, p. 229....the question of a dissolution of the legislature considered—Mr. Norton’s election....various acts of misconduct attributed by Mr. Mackenzie to the House of Assembly in the 11th Parliament....on the granting of a permanent civil list without stipulating for the independence of the judges, p. 230....the King would rejoice to assent to a bill for securing the independence of the judges—on the voting of the civil list....the questions of juries and township officers admit an infinite diversity of opinion, p. 231—if the degree of influence possessed by the crown in the provincial legislature was found to be considerable his majesty would not hesitate to assent to a law to limit it, p. 232....opposed to a dissolution of the parliament—the government not answerable for Mr. Hume’s promises—his lordship’s colleagues and himself had been anxious to conciliate the Canadas by a constitutional system of government, p. 233—Sir J. Colborne’s reply to the above despatch, p. 234, with the addresses in answer, by the legislative council, p. 235—by the House of Assembly, p. 243—by 1605 inhabitants of Lennox and Addington, and 596 inhabitants of Cobourg and its vicinity, p. 244.

His Lordship denies that the colonial department had ever given authority to any person to agitate the project of a union of Montreal with Upper Canada, p. 279—acknowledges the error into which the colonial office had fallen with regard to the number of persons who petitioned for a redress of grievances, and admits that the number of signatures attached to the petitions entrusted to Mr. Mackenzie to be presented to the King far exceeded twenty thousand, p.{?} 291—instructs the librarian of the colonial office to shew to Mr. Mackenzie such papers relative to the affairs of Upper Canada as he might wish to consult, p. 292—his lordship’s despatch authorising Sir John Colborne to inform Messrs. Boulton and Hagerman, that they would be dismissed from their offices of attorney and solicitor general, p. 295—an abusive commentary by the Editor to whom Mr. Boulton had transmitted the despatch for publication, p. 296.

Gore District.—List of the magistrates p. 307—List of the commissioners of the courts of requests, p. 327.

Gordon, Rev’d Mr., shocked and scandalized by Bishop McDonell’s political crusade in 1832, O’Grady 225.

Gore, Governor.—Doctor Strachan and Justice Powell governed the Province, till they quarrelled among themselves, under his nominal administration, Macdonell, p. 37—his communications to the executive council in 1808 & 1809, p. 303.

Government, opinions as to the best system for U. C. xxx....want of responsibility proved by the dismissal and reappointment of the crown lawyers, xxxi....should be responsible to public opinion, Dunlop 180....the House of Assembly remonstrate with his majesty on the unconstitutional interference of his ministers, 4000 miles distant, in the domestic concerns of the colonists, p. 182....His majesty’s servants, clothed with the authority of office held during pleasure, place the dismemberment of Lower Canada as a prominent feature in the reply to the speech from the throne at opening the provincial parliament; “I had never once found that any course of proceeding adopted by these officers on any occasion failed to receive the sanction of his majesty’s government.” Mackenzie, p. 287.

Government House, £615 paid for repairs of, out of casual revenue, 1829, p. 184.

Graham, Sir James, M.P.—report by him and others on the management of the revenue, p. 176.

Grantham Academy Encouragement Bill, rejected by the legislative council, 1831, p. 268....again rejected by the same, 1832, p. 270....and, (with Bath,) again rejected, 1835, p. 275.

Great Britain, the interference of the government of, in the domestic affairs of the colonists, protested against by the House of Assembly, p. 181....pays no part of the ecclesiastical establishment of this province, xv....checks upon misgovernment in, xxxiii....knows of no part of the ecclesiastical, civil or judicial expenditure of Upper Canada being defrayed by, Robinson 595.

Grievances.—“If the course pursued by the executive government should be such as to give just ground for dissatisfaction, the inhabitants have, by their representatives, the means of bringing their grievances under the immediate attention of his majesty,” Howick, p. 192....a committee of the House of Assembly report that daring outrages had been committed, that the parties had not been prosecuted, but had been promoted to high offices, p. 204....10,000 persons from Upper Canada petition in 1832 for a redress of grievances, p. 282....Mr. Mackenzie, in a letter to Lord Goderich, enumerates many grievances which the Assembly in the 11th and former parliaments had essayed in vain to remove, being opposed by the executive government, pages 283, 284, 285.

Grote, George, M.P., assists in obtaining for Upper Canada the acknowledgment and redress of its grievances, xxiv.

Hagerman, Christopher Alexander, M.P.P., his re-appointment to the office of Solicitor General created great distrust in Upper Canada, xxxiii....Thwarts the beneficent intentions of his majesty by endeavouring to suppress and return Lord Goderich’s despatch, xliv....Disregards the law and the views of his majesty’s government in the matter of Mr. Mackenzie’s expulsions, xlv....Is found in the minority on a motion to expunge the proceedings relative to these expulsions from the Assembly’s Journals, xlv....Is due, a balance of money, since he was collector of customs at Kingston, which the Inspector General had taken from the public accounts because he (H.) claimed a larger balance, which, if it were allowed, would have more than covered his deficiency, Markland 486—described by the petitioners of York county, as a man labouring under those prejudices of family connections and party feeling from which Judge Willis, (to whom he had temporarily succeeded) was happily free, and withal a person very inferior to Mr. Willis in education, talents, and legal knowledge, p. 103.—acted as a timber commissioner at $14 per day, p. 184—income and office, p. 252—2,400 acres of the public lands granted to, p. 253—Mr. Mackenzie complains that the law officers of the crown were employed in organizing public meetings and setting the example of agitating Upper Canada in favor of the scheme of a dismemberment of Lower Canada, p. 286—an account of his dismissal from the office of Solicitor General, p.{?} 294—for differing in opinion from His Majesty’s Government upon questions of great political importance, and impeding and opposing the measures of His Government (vide Lord Goderich’s Despatch, p. 295) and for promoting the repeated {Index 28} expulsions of a member of the Assembly (vide Colonel Rowan’s letter, p. 296){?}—an account of the severe sentence he and Mr. Justice Sherwood passed upon Mr. F. Collins for alledged libel on the Attorney General, p. 359—The House of Assembly resolve, that Mr. Justice Hagerman (now Solicitor General) alledged in the record to be libelled, did concern himself with Mr. Justice Sherwood, in measuring the punishment of Francis Collins, thereby, unnecessarily violating the rule, that a man shall not be a judge in his own case, p. 367, and that the punishment so indicted on Collins was subversive of the liberty of the Press, and destructive of the liberty of the subject, p. 368, as also, that on being summoned before a Select Committee of the House, appointed to enquire into Collins’ complaint, he had declined to offer any explanation, p. 371....his statement concerning the arrest of Colonels Coffin and Givins, p. 24*.

Hands, William, erroneous account in Blue Book, 1830, of his offices and income, Rowan 49—Offices in Western District, p. 117.

Harris, Joseph H., Salary as Principal of U.C. college, £666, with a dwelling house, p. 185—Letter To Colonel Rowan, with statements respecting the college, p. 345.

Hastings District Bill. The bill to form this county into a separate district, passed the House of Assembly and was rejected by the Legislative Council, 1st in 1833-4, p. 273, and again in 1835, p. 274.

Home District. Mr. Mackenzie’s representation against the magistracy of, p. 213—List of the Justices of the Peace, p. 308—List of the commissioners of the courts of requests, p. 326.

Home District Farmers’ Company Incorporation Bill, rejected by the Legislative Council, 1830, p. 266.

Hospital, Toronto. A very imperfect account sent down by the Lieutenant Governor, p. 188—the statements sent down indicate the necessity of effecting a change in its management, p. 188.

Huron Tract. See the evidence of William Dunlop, Esq. page 22, and of Colonel Van Egmond, page 26.

House of Commons. Extract from report of a committee of, on Canadian affairs, in 1828, ii—return to its address for copy of Lord Viscount Goderich’s Despatch of Nov. 8th, 1832, and replies {Index 29} thereto, p. 216—the legislative council inform the Secretary of State that their confidence in the prudence of the parent state had been shaken in consequence of the questions asked by a committee of this house, relative to an elective council, p. 240—petitions from Upper Canada, presented in, 1828, 1831, 1832, enumerated in a letter to Lord Goderich, p. 281 and 282—the assembly request His Majesty to lay the case of Francis Collins and the proceedings of the government thereon before, p. 371—Address to His Majesty from, for information concerning the Niagara Falls outrage, p. iv*.

Howick, Lord Viscount, M.P.—Assists the Canadians in their efforts to obtain a redress of Grievances, xxiv....his letter to the Treasury intimating Lord Goderich’s desire that the grant to the British North American Clergy should be gradually diminished, p. 142....his letter to the Hon. J. K. Stewart, intimating that the people of British North America ought to be called upon to maintain their own clergy, instead of burthening the British Treasury, p. 143.

His reply to Mr. Mackenzie’s application for an audience of Lord Viscount Goderich, dated 23d June, 1832, p. 191.

His letter to Mr. Mackenzie, June 29th, 1832, in explanation of the former letter, p. 192....his note to do., returning certain documents, p. 193....his letter to do., concerning the Niagara District Address, the War Losses question, &c. 8th September, 1832, p. 194....his letter to the same, dated 29th Dec. 1832, denying that the question of the union of Montreal with Upper Canada, is agitated by authority from Downing Street, p. 278....his letter to the same of the 22d January, 1833, p. 291....his note to the same, when the Colonial Office had resolved to change the Crown Lawyers of this Colony, p. 293.

House of Assembly.—Disapproves of the conduct of the Colonial Government in attempting to uphold certain particular religious sects by money grants, xiv....declares that it recognizes no particular sect as established with exclusive privileges, xv....Little respect paid to its opinions by Sir John Colborne, even in subordinate matters xx, xxi....Men in office treat Lord Goderich’s Despatch (making concessions to the wants of the people) with indignity, and attempt to suppress it in the Assembly, xliii, xliv....Vote on the question of suppressing the Despatch, xliv....House of Assembly has at all times made satisfactory provision for the support of the government, out of the revenue raised by taxation, xlvii....Orders and votes on printing Report on Grievances, xlix....The House refuses to rescind its order to print 2000 copies of Grievance Reports, or to suppress the publication of Bishop M‘Donell’s Letters to Dr. O’Grady, l....The House of Assembly unfit to manage the Land Revenues witness its conduct with the Welland Canal, &c., Dunlop 169...Board of Education suppressed on an Address of, Strachan 536....the Legislative Council appeared to have made the good of the Province much more its study than, Strachan 513....“its {Index 30} members” have been the chief office-holders and the chief office expectants for the last thirty years, Strachan, 555....its first step should be to assert its control over the whole provincial expenditure, Hume, p. 97....income of some of its Officers, p. 116.

Extracts from its address on the proposed disallowance of the Bank charters; the interference of the colonial office in the domestic concerns of the colony protested against; the house claims the same right to be consulted in the making of laws for the peace, welfare and good government of the province, which the people of Britain enjoy in respect to laws to which their obedience is required, p. 181....With the exception of laws incompatible with the just rights of other colonies and treaties with foreign states, the house submits that no laws rightfully can be dictated to, or imposed upon the people of Upper Canada to which the House of Assembly do not freely assent, p. 182....vote on the address, p. 182....resolution against interference from abroad in the internal concerns of the colony, p. 202....report from committee of, on outrages and monopoly of criminal prosecutions, p. 204....it addresses his Majesty, 12th January, 1829, on the state of the province, the evil advisers around the Lieutenant Governor and the administration of justice, p. 206....and again, 14th March, 1829, p. 207.

Address of thanks for Lord Goderich’s Despatch; deeply regretting that it did not occur to his lordship that the allegations it contained rested only on the testimony of “an individual who had been twice expelled that House, and who in consequence of his having fabricated and re-iterated libels of the grossest description, had been declared unfit and unworthy a seat in the Assembly during the present parliament;” and remarking that the remedy for any alledged ills is placed in the hands of the colonial legislature, p. 243.

Returns of the names of the members on the 1st of July, 1832 stating the offices they hold, the pay, pension and income of each from government, with all land grants, p. 252 to 257.

Titles of all Bills of a public character which having originated in the House of Assembly, were lost in the Council or altered so as to ensure their rejection in the Assembly, or which having originated in the Council were afterwards rejected by the Assembly—or which had passed the Council and Assembly and been rejected by the King in Council—years 1824 to 1835, p. 258 to p. 277. Titles in 1824, p. 258—in 1825, p. 259—in 1826, p. 260—in 1827, p. 261—in 1828, p. 263—in 1829, p. 264—in 1830, p. 266—in 1831, p. 268....in 1832, p. 269, in 1833, p. 270....in 1833-4, p. 272....in 1835, p. 274.

The House of Assembly in the 11th and other Parliaments pass bills to remove grievances....those bills opposed by Government, p. 283, 284, 285....List of Members of the 11th Parliament who had accepted offices, with the offices, and the dates of their appointments, p. 334....List of Members of the present House of Assembly holding offices or pensions, describing the offices and duties to be performed, p. 335.

Proceedings in the case of Francis Collins, p. 356 to p. 372....votes of the House concerning, p. 357, and p. 362 to p. 371....address to Sir John Colborne, p. 357: to the King, p. 371....resolutions censuring His Excellency for his indecorous imputations against the House, p. 361....resolutions in favor of Fras. Collins, and censuring Judge Sherwood and the Executive, p. 362, &c.

Report of a select committee on the petition of William Forsyth, complaining of the Niagara Falls outrage, iii*....Forsyth’s petition, p. 1*....Sir P. Maitland’s account of the proceedings in the case of Colonels Coffin and Givins’ arrest, and imprisonment for contempt, they having refused to obey the summons of the House to give evidence on Forsyth’s petition, in 1828, p. 13*....Sir Peregrine makes a gross and unwarrantable attack on the rights and character of the House, (9th Parliament) p. 16* and 17*....It has of late years grown into a practice to submit the official correspondence of the Colonial Executive with the Colonial Office, unreservedly, if called for, Maitland, p. 23*....the House address Sir J. Colborne with copy of report in favor of W. Forsyth, and requesting him to favorably recommend his (F’s) case to His Majesty’s Government, to which he replies that he would forward the documents but could not recommend the claim for remuneration, p. 26*.

Hume, Joseph, M.P. assists the agent for the petitioners in Canada, praying for a redress of grievances xxiv....favorable to Elective Institutions in the Canadas xxxix.

Letter to Doctor Baldwin on Canadian Grievances, 1st May, 1829, p. 97....the first and most important step of the House of Assembly would be to control every item of the provincial expenditure....Canadians should be exceedingly cautious about the encroachments of the Church of England to any thing like a dominant religion....the members of the Executive Council should be responsible, and removeable on the call of the people, for abuse of power, p. 98....returns to addresses of the House of Commons moved by, p. 216, 217....Do. p. 246....Do. p. 258—Lord Goderich appoints an audience with, on Canadian affairs, p. 191....Letter to, from Lord Goderich, stating that he had laid before the King the address of the inhabitants of the Niagara District, p. 193....the government not answerable for his promises of reform, Goderich, p. 233....the Legislative Council express their apprehensions of the “political unions,” which threaten alike the peace and liberty of the people, and which it was supposed he had sanctioned, p. 241—presents the petition of the Methodists and Dissenters to the House of Commons, 8,000 signatures, 1828, p. 281—presents the petition of 10,000 friends of civil and religious freedom, in do. 1831, p. 282....presents the petition of 10,000 Upper Canadians, praying for an Elective Legislative Council, 1832, p. 282.

Hurd, Samuel P., was appointed Surveyor General, 1st November, 1829, entered upon the duties of the office, 22d May, 1832; received 6 months full pay on his appointment, then half pay and emoluments until he arrived in Canada, this was by order of the Home Government, 603....£798 18 10½, and £143 13 11½, sterling were paid to Mr. Chewitt as principal clerk and senior surveyor and draftsman, and half the emolument of the Surveyor General’s office from Nov. 1, 1829, out of fund A. he refunded these sums to witness, they being the sums accruing to him during his absence from the Colony, as per the Despatch of the Home Government, 604....his income in 1834, was £600 sterling, salary, and £75, fees, 605....his note with answer, p. 300, see also ix....see p. 114, and note.

Huskisson, Right Hon. Wm. A speech of his animadverted upon in the petition from York county, 1829, p. 100—Despatch to, from Sir. P. Maitland, in the matter of the arrest of Colonels Givins and Coffin, p. 13*.

Impeachments. The legislative council is a fit tribunal to try, Strachan 548—The circumstances of the colony do not warrant the giving the legislative council the power to try, Stanley, p. 96—it has never been conceived that one of the powers given to the legislature by the 31. Geo. 3rd, was to prefer impeachments, because the legislative council has no power to entertain or dispose of them, Maitland, p. 16*.

Indenture, between the freeholders of the county of York and the returning officer, declaring W. L. Mackenzie a representative in the assembly for that county, p. 190.

Indian Department, expences of, defrayed from England, amounting, it is probable, to about £2,000, p. 341—Letter, Lord Howick to the Hon. J. K. Stewart, proposing a reduction of the Indian presents, pensions, &c., p. 341—Estimates for defraying the charges in the two Canadas, p. 343.

Inspector General. It is his duty to keep an account of outstanding monies due by public accountants, Turquand 427—all public accounts are sent to his office for inspection, Turquand 429—The duties of the office might be defined by statute, Markland 483—crown lands commissioner accounts half yearly to, for crown lands sold, and yearly for sales of crown timber, Robinson 566—income of, and his clerks, p. 115—circular from his office, requiring the personal attendance of collectors of customs, p. 333.

Inspectors of Tavern and Shop Licences.—Their returns of their incomes, p. 117.

Intestate Estate Bill.—The Bill for the more just and equal division of the property of persons dying without leaving a will or testament, passed the House of Assembly, and was rejected by the Legislative Council, {1826, p. 260....it again passed the Assembly, and was again rejected by the Council in each of the following years and Sessions, viz:}^[1] in 1826, p. 260....in 1827, p. 261....in 1828, p. 263....in 1829, p. 264....in 1830, p. 266....in 1832, p. 269....in 1835, p. 274....representation by Mr. Mackenzie to Lord Goderich of the opposition given by the Government to this Bill, p. 283.

Ireland.—Catholic Clergy and Laity opposed to a Church and State union, 124....the Colonial Officers want to divide the people as Ireland is divided, and to govern them as Ireland is governed, Mackenzie, p. 289.

Jail Limits Extension Bill, passed the House of Assembly and was rejected in the Legislative Council, in 1828, p. 263, and in 1829, p. 264.

Jameson, Robert S., Attorney General.—Riots at the Election for Leeds of, xxi....the House of Assembly address Sir John Colborne for all correspondence between the Colonial Executive and his Majesty’s Government relative to the appointment of....which he refuses to submit to them, unless the sanction of the Colonial Office were first obtained, p. 356....his evidence before the Committee of the Assembly (1835) to investigate the Niagara Falls Outrage, p. 2*.

Jarvis, W. B., his income as Sheriff of the H. D. p. 253—Mr. Mackenzie complains to the Secretary of State that he had been employed in getting up public meetings and petitions and setting an example of agitating in favor of a dismemberment of Lower Canada, p. 286.

Johnstown District. List of the justices of the peace, p. 314—List of the commissioners of the courts of requests, p. 320.

Jones, David, M.P.P.; Judge Eastern district court, and commissioner of customs; nature of his duties, p. 335.

Judges. The judges of the court of king’s bench regulate the fees vi; are dependant on the crown, vi.

See Lord Stanley’s letter to Dr. Baldwin, p. 96—Salaries of the Puisne Judges, p. 119—the King would rejoice to assent to a bill for securing their independence, Goderich, p. 230....A Bill to exclude the judges from seats in the legislative and executive councils passed the assembly and was lost in the council, 1830, p. 266.

Juries, impartially summoned in Glengarry, Chisholm 286....the system ought to be altered, Stanley, p. 96....the question admits an infinite diversity of opinion, Goderich, p. 231....a bill to extend the privilege of a jury to the Court ot Requests, where a party desires it, passed the Assembly and was thrown out by the Legislative Council, 1835, p. 275....Mr. Mackenzie reminds Lord Goderich that a Committee of the House of Commons had strongly recommended an amendment of the defective system of summoning juries, because it struck at the very root of the administration of justice, p. 284.

Jury Laws Amendment Bill, passed the House of Assembly and was rejected by the Legislative Council in each of the following years, viz: in 1827, p. 262; in 1828, p. 263; in 1830, p. 266; and in 1835, p. 274....Lord Goderich reminded of the frequent failures of this Bill in the Council, p. 285.

Justice, Administration of. On the 14th of March, 1829, the House of Assembly address the King enumerating many wrongs done to the people in the, and declaring that it was “from such courts and such judges that the people desired to be relieved,” p. 207....the mal-administration of justice complained of and stated in the petition of the people of the county of York, pages 99, 100, 102, 103.

Justices of the Peace. Appointed by the Crown during its pleasure, v....the Magistrates of the Eastern District refuse to account to the House of Assembly for the revenue expended by them and raised by taxation, v....their character, xxvi....the manner of their appointment in the London District very unsatisfactory to the people, Moore 67....favoritism prevails in the appointment of justices of the peace, Wilson 88....there is a little knot or junto of magistrates in Kingston, Bishop McDonell, p. 35....no partiality exercised in Durham relative to {Index 35} the appointment of, Brown 322....are mostly appointed in Johnstown from the partizans of the Executive, Buell 354....strangers and halfpay-officers latterly chosen for the Niagara District, McMicking 432....generally taken from the ministerial side in politics, and latterly new comers, Durand 467....Governors fit persons to choose, Strachan 550....members of the House of Assembly and others may inform Governors as to fit persons to be made magistrates, Robinson 577....control of District Taxation, with district patronage in the hands of, p. 187....Sir John Colborne charged with partially in the appointment of: Mackenzie, p. 213....“are appointed by commission under the great seal of the Province, the selection being made by the Lieutenant Governor for the time being, acting in the name of the King. Colborne, p. 300.

Return of the magistrates of the Western District, p. 303....of the London District, p. 305....of the Niagara District, p. 306....of the Gore District, p. 307....of the Home District, p. 308....of the Newcastle District, p. 310....of the Prince Edward District, p. 312....of the Midland District, p. 313....of the Johnstown District, p. 314....of the Bathurst District, p. 315....of the Eastern District, p. 316....and of the Ottawa District, p. 317.

Kempt, Sir James, report by him and others, on the best mode of managing the Revenue, p. 176.

Kerby, Hon. James.—A Custom House Officer, p. 117. Pension and lands granted to, p. 250.

King, James. [Analysis of his evidence.]—Recollects the Reverend W. Fraser, of St. Andrew’s having complained that he had not received the royal allowance for years; witness understands that the matter was afterwards compromised with Bishop McDonell, 228....the Catholic laity, generally petitioned the House of Assembly for an enquiry into the alledged misapplication of monies granted to the Clergy and Schools, and prayed for the abolition of all pensions and sinecures granted to the clergy, 231....Evidence of misapplication of monies before a committee appointed at a meeting called by Bishop McDonell: Rev. Mr. Dempsey had been obliged to sign receipts to the Bishop for monies he never received; Mr. Gordon of Niagara said the same; Cardinal Weld presented for gratuitous distribution a quantity of sacred vestments and church plate which Bishop McDonell sold to the Clergy, took their notes, and stopped the amount out of the government appropriation, 233.

[Second examination]—The government Pensions convert some of the Catholic Clergy into politicians, and as Bishop McDonell is a pensioner and independent of the people he is less anxious to {Index 36} promote the religion of which he is at the head....witness believes the disputes between the Bishop and Doctor O’Grady had their origin in politics....the Bishop was displeased with Dr. O’Grady for not endeavouring to insure success to an exclusive meeting of the Catholics called for political purposes by Mr. Baby the Inspector General....witness refused to go with the Bishop to a similar meeting, 514.

King in Council.—The interference of, in our domestic legislation, deprecated by the Assembly, p. 181....proceedings with colonial acts, p. 278....no Colonial act can be disallowed save by a regular order of the, p. 278.

King’s Bench, Court of.—Bill to constitute the Legislative Council a Judicial Court of Appeal from the judgments of, received from the Council, and rejected by the Assembly, 1835, p. 276....a failure of justice in this court, owing to the absence of the chief Judge, and the illegal constitution of the court, (contrary to the statute,) pointed out in the petition from York county, p. 102....Judge Sherwood alone, in the absence of the other two judges, illegally exercised all the power of the Court of King’s Bench, and vacated his office by absenting himself from the Province without the leave prescribed by Law, vide petition, p. 103.

Kingston.—Bishop M‘Donell denounces the magistracy of Kingston, p. 35, and declares that there is an Augean Stable to be cleaned out there, p. 41....a bill to allow the inhabitants of Kingston to elect a Town Council, passed the Assembly, and was thrown out by the Legislative Council, 1829, p. 264....and was again rejected by the Council, 1831, p. 268.

Kirkpatrick, Thomas, erroneous return of his income as collector at Kingston, Rowan 47.

Labouchere, Right Hon’ble Henry, M.P., friendly to elective councils in the Canadas, xxx.

Land Granting Department; confusion created by the multiplication of offices in, x....A grievance partly removed, xviii.....land granting system bad, Mackenzie, p. 216.

L’Assomption, Catholic congregation of—bill sent down from the council to incorporate and enable certain persons to hold lands on behalf of, rejected by the assembly, 1833-4, p. 274.

Leeds Contested Elections. Riots at, xxi....Sir J. Colborne disregards the views of the assembly relative to, xxi....Conduct and opinion of the returning officer at, xxii....renewed riots at xxii....it was held at an improper place, Buell 352....Two bills to uphold the freedom of election in this county, rejected by the legislative council, 1835, p. 275.

☞ Leeds Election Ballot Bill—A copy of a Bill to promote the peace and freedom of Elections in the County of Leeds, by introducing the system of voting by Ballot, and taking the poll at different parts of the county, which was passed by the Assembly, Session 1835, and rejected by the Legislative Council, is placed as the last article in this volume, and the votes of the assembly thereon.

Lefferty, Dr. John Johnson. [Analysis of his evidence]—Is opposed to Elections by Ridings, 136....the common schools not sufficiently numerous and efficient, 137....states a case of unequal taxation, 139....thinks the government ought to have paid off the War Losses with the public lands, 141....considers the House of Assembly to be a mere shadow, 148....the abolition of the primogeniture law every where desired, 149....the notes of the Agricultural Bank circulate three to one of any other in the Riding witness resides in, 150....thinks two thirds of the Legislative Council should be chosen by the Freeholders, 153....thinks the system of pensioning judges by order from England a great hardship, 154...is in favor of the vote by ballot, 158.

Legislative Council.—Conduct and character of, xxv....Sir John Colborne considers it deficient in independence of character, xxxvi....Hon’bles Messrs. Clark and Dickson express a decided opinion as to the subserviency of its members, xxxvii....the petitioners from the county of York complain of the almost mortal violence offered to the Constitution by the exercise of worse than military rule in the intimidation of the more dependent members of the Legislative Council into the views of the administration, at the peril of their offices, p. 103....The committee recommend its reconstruction on the elective principle, xxxix....Mr. Fox and other eminent statesmen were favourable to legislative institutions for Canada, on the elective principle, xxxix....a majority of the electors of Middlesex in favour of the Elective principle, Moore 70....the adoption of the elective principle would change the colony into a Republic, Dunlop 164....a majority of the Legislative Council are men who neither study the wishes of the people nor the interests of the country, McMicking 450....would prefer an Elective Council; the present body are regardless of the wishes of the country, Durand 478....there are not too many dependent persons in it, Strachan 539....it had made the good of the province more its study than the House of Assembly {Index 38} had, Strachan 543....it is a proper tribunal to try impeachments, Strachan 548....incomes of some of its officers, p. 116....character of, by Mr. Mackenzie in his memoir to Lord Goderich, p. 107.

Address of, to Sir John Colborne, on the occasion of returning back to the Government, Lord Viscount Goderich’s Despatch of 8th Nov. 1832, p. 235....The Council have no desire to become acquainted with the contents of the statements submitted to them by His Majesty’s command; the statement had been made in a spirit of wanton and intemperate hostility to the Legislative and Executive authorities, p. 235....his Lordship is accused of having received in a condescending and respectful manner representations evidently “outrageously insulting to the constituted authorities,” and which the Legislative Council view “with the most unqualified contempt,” p. 236....the people have pursued their avocations contentedly from the day when the author of these abusive papers left Upper Canada....papers which cast unmerited insults upon the Lieutenant Governor and Legislature, and some most worthy individuals, papers strung together with little order, bearing the marks of a reckless mind, and unscrupulously thrown before the government in disregard of high authority and in violation of official decorum, p. 237....the Council regret his Lordship’s manner of speaking of the complaints against the Government and its officers, p. 238—the Council deplore the supposed necessity on the part of His Majesty’s Government that it was necessary to quicken the attention of the Colonial authorities to their duty of promoting the religious and moral instruction of the people, by enforcing the suggestions of Mr. Mackenzie, who employs his education in sowing discontent among a happy and loyal people—his Lordship is reminded that the Council is not accurately described by him as “a board,” but that the members hold their seats for life, that their duties are exclusively Legislative, that all their discussions are open to the public, and that for years, and but with one interruption, they have preserved a perfect harmony with the House of Assembly, p. 239....the confidence of the Council in the prudence of the Parent State was in some degree impaired a few years ago, when they found a committee of the House of Commons “proposing to such individuals as happened to be at hand,” questions “really pressing upon them as it were, to give a sanction by their voice to the opinion, that the [Legislative] Councils should be rendered elective,” a change not then contemplated by the people and one of the last which a friend to the colonists would wish to see adopted....His Lordship is told that his injunction that Archdeacon Strachan and Bishop Macdonell would best consult their convenience and spiritual usefulness by leaving the Council was altogether uncalled for, p. 240....and the Council remonstrate against this assumed right of influencing the conduct of its members....they trust that the “political unions,” which threaten alike the peace and liberty of the people would not be introduced under Mr. Hume’s recommendation, p. 241....the course pursued by {Index 39} His Majesty’s Government seems to the Council to evince a departure from all former usages....they request that their address may be forwarded to the Secretary of State for the Colonies, p. 242.

A return of the Members of, with the offices they hold, the lands which have been granted to them or to their children, and their pensions or emoluments from the British or Colonial Governments, dated 1st July, 1832, p. 249 to p. 253....Titles of all Bills of a public nature, originating in the Assembly and rejected by the Council or amended so as to insure their rejection in the Assembly, and of Bills originating in the Council and lost in the Assembly; also of Bills which passed both Houses and were refused the royal Assent, in the years 1824, to 1835, p. 258, to p. 277.

Sir John Colborne informs Sir George Murray that it is exceedingly difficult to find persons qualified to sit in the council; and that, composed as it is at present, the province has a right to complain of the great influence of the executive government in it, 16th Feb’y, 1829, p. 277—10,000 inhabitants of Upper Canada petition the House of Commons for a change in the character of the legislative council, p. 282.

☞ Copy of the bills, to amend king’s college charter, and to promote education, which passed the Assembly and were rejected by the legislative council, will be found at the end of this volume.

Legislative Councils.—Lord Stanley denounces the councils, iv—Lord Goderich’s opinion of colonial legislative councils, in a despatch to Governor Cochrane xxvii.

Lennox & Addington: 1605 inhabitants of these counties thank his majesty for Lord Goderich’s despatch, p. 244.

Lewis, John Bower, M.P.P. recommends Richmond and the lower part of Huntley as polling places for Carleton, p. 62—811 acres public lands granted to, p. 250.

Leonard, Sheriff Richard, reported by a select committee of the Assembly to have been present countenancing the military party who committed the trespass at the Falls of Niagara, p. iv*.

Libel, a bill to amend the law of, passed the Assembly and was rejected by the legislative council, 1830, p. 266—again rejected by the council, 1832, p. 269—F. Collins is convicted for a libel on the attorney general, proceedings in the case, p. 356 to p. 372—The House of Assembly resolve, that it is inconsistent with the liberty of the press that a person should, before conviction, be called upon to find bail for good behaviour, upon so indefinite an offence as libel, p. 370—Lord Ashburton’s opinion against taking security from supposed libellers, p. 370.

Lieutenant Governor, The.—Alone, appoints collectors of customs and excise revenue, Rowan 11—submits only so much of his correspondence with the colonial office to the executive council as he thinks fit, Rowan 30—Is to consult the council in land grants; need not follow their advice, Markland 488.

London District.—List of the Justices of the Peace, p. 304....List of the Commissioners of the Court of Requests, p. 330.

Lount, Samuel, M.P.P.—Recommends Holland Landing, Barrie, the Narrows, and on the town line between Tecumseth and Adjala for polling places in Simcoe, p. 66.

Lower Canada.—Attempt by the Executive Functionaries to dismember, xlvi....acceptance of office held to vacate a seat in the House of Assembly of, Mackenzie, p. 200....A Bill to appoint commissioners to meet the commissioners appointed by the Province of Lower Canada to consider matters of trade, boundaries, canal and Saint Lawrence river improvement, and other matters of mutual interest to the two Canadas, passed the Assembly of U. C. 1829, and was altered by the council so as to insure its rejection by the Assembly, p. 265....passed by the Assembly and thrown out by the council, 1830, p. 266....passed a 3rd time by the Assembly and again altered by the legislative council so as to cause its rejection in the Assembly, 1831, p. 268....passed a fourth time in the Assembly and rejected by the legislative council, 1832, p. 269....Mr. Mackenzie brings the frequent rejections of this Bill, coupled with the fact of a similar Bill having passed into a law in Lower Canada to the notice of His Majesty’s Government, p. 290....Letter from Mr. Mackenzie to Lord Goderich, protesting against the scheme of the Executive Officers here who were attempting to excite dissension between the provinces by agitating the question of the dismemberment of Lower Canada and the annexation of a part of it to Upper Canada; with the votes, and declaring that the yeomanry had no wish to be parties to the injustice, p. 286.

Macdonell, Alexander, M.P.P. (of Northumberland)—732l. expended by, on emigration, p. 170—289l. of which are for his services as an agent, p. 172—600l. paid him to complete the Peterborough mill, 1827, p. 184—Agent to commissioner of crown lands; duties of that office, p. 336.

Macdonell, Alex., of Prescott, M.P.P., Sheriff Ottawa District; duties of that office, p. 336.

Macdonell, Hon. Alexander, inspector and collector of tavern licences, Toronto—his public offices and income, p. 117.

McDonell, Alexander—Bishop of Regiopolis.—Vote on a motion in assembly to suppress the publication of his letters to Dr. O’Grady, l—Complaints against him for alledged peculation, O’Grady, 222, 223—Letter to Rev. W. J. O’Grady, 8th June, 1829, authorizing him to pay a gratuity to Mr. Mudge for performing his official duty, p. 30—Mr. Mudge’s letter refusing the gratuity, p. 31—Exercised a political influence over his clergy in conjunction with Sir. J. Colborne; got up a petition and inveighed from the pulpit against Mr. Mackenzie; attended a meeting at Mrs. Jordan’s and harrangued the people; shocked and scandalized the Rev. Mr. Gordon by the manner in which he carried on his political crusade between Toronto and Penetanguishene, O’Grady, 225.

Letter to Rev. W. J. O’Grady, 23rd January, 1831—finds it necessary to remove Rev. Mr. Crevier to Penetanguishene where his hearers would be Indians; if the parishioners of L’Assumption are refractory the parish may be put under interdict; Dr. O’Grady directed to consult with Sir J. Colborne, and obtain such recommendations as would procure him support from the civil authorities of the Western District; Mr. Crevier would be admirably qualified to match the Yankee Methodists, and to rescue the Indians “from the fangs of these reptiles,” pages 32 and 33.

Letter to Rev. W. J. O’Grady, 30th Nov. 1830—describes the magistracy at Kingston; Sir. J. Colborne had his thanks for informing him why he could not appoint the persons he had recommended to be put in the commission of the peace, p. 35.

Letter to the same, 1st Dec. 1830—resolved not to answer the petition of certain persons in Sandwich; regrets that a lot given to the church should have been sold for taxes; procrastination of the council relative to the grant of a lot on the Trent; since General Brock’s death he had found an incessant secret influence undermining his exertions for the instruction of the catholics. Doctor Strachan and Justice Powell, “who under the nominal administration of Colonel Smith, Mr. Gore, and Sir Peregrine Maitland, actually governed the province until they quarrelled amongst themselves,” resist for 7 years Lord Bathurst’s orders to pay salaries to catholic clergymen; is indignant at the conduct of two missionaries in the western district for supporting another candidate and not Mr. Baby; finds his funds drained by educating, clothing and boarding 7 or 8 ecclesiastics for many years at his own expense, pages 35, 36, 37, 38, 39.

Letter to the same, 26th Jan. 1831—complains of the shuffling and unmanly conduct of the council relative to a lot at the Trent; describes the conduct of the magistracy of Kingston as being very {Index 42} improper, and that there is an augean stable to clean out there; division of the public money to catholic clergymen; Mr. Fraser having made a decent competency by his speculations at Kingston, not entitled to a quota, pages 39, 40, 41, and 42.

Letter to the same, 16th Jan. 1830; Dr. O’Grady to exercise the control of a vicar general over the catholic clergy; purposes to which Cardinal Weld’s £1000 had been applied; the bishop intended petitioning His Excellency on behalf of the Penetanguishene Indians, p. 60.—is less anxious to promote the catholic religion, he being a pensioner and independent of the people; his hostility to Dr. O’Grady had its origin in politics, King 514—amount of pension paid him, £3856, p. 123—Salary £555 15s. 1¼d., p. 133—do. p. 138—£194 8s. 10d, paid him as pension for “special services” p. 140—Letter, Colonel Rowan to, with statement of grant of public money, 900l. sterling by order of Secretary of State, to build churches, 1833, p. 159—list of commissioners to expend this sum, p. 160—letter, Colonel Rowan, grant for 1834, 550l. sterling, and distribution of the same, p. 161—the commissioners to expend the grant on the chapels, p. 162—Lord Goderich is rather predisposed to the opinion that by resigning his seat in the legislative council he would best consult his personal comfort and the success of his designs for the spiritual good of the people, p. 228—the legislative council rebuke Lord Goderich for this expression of his opinion, and remind him that his interference was uncalled for, p. 240—his return of offices and land grants, 132, p. 250—appointed to a seat in the legislative council, p. 277.

McDonell, Rev. Angus. [Analysis of his evidence.]—John Sawyer received about £20 for teaching school in Toronto, 288....witness details the distribution of the public money granted for building churches, 293....never petitioned the head of the Executive complaining of peculation by Bishop McDonell, 296....Bishop McDonell received from £2000 to £3000 in England which he lodged with Maitland, Garden, and Auldjo, who failed; he has been compelled to pay the money, 300....the Bishop has a power to appropriate part of the annual grant from the public money to schools, 301....it depends on the opinion of the government whether it is just to pay the teachers of some religious sects from the public funds, without the consent of the Legislature, while others remain unpaid, 302....the Clergy Reserves are a real grievance, 304....clergymen ought not to sit in the councils, 305....the common schools in the Western District are not sufficiently numerous and efficient, 306....thinks the District Schools are in most cases a nuisance; would recommend the £400 to be divided among four common schools, 307....the tythes exacted in Glengarry or Sandwich are the 26th bushel of grain only, 308.

McDonell, Donald, M.P.P., recommends Williamsburgh and Alexandria, if two, or Alexandria, if one polling place were used in Glengarry, p. 65—Sheriff Eastern District; duties of that office, p. 336.

McDonell, Donald Æneas, M.P.P. proposes Cornwall, and—in Osnabruck for polling places in Stormont, p. 65.

Macfarlane, James, formerly received £50 per annum, as a retainer, from Casual Revenue, p. 184.

McGill, Hon. John—amount of pension paid him, £8,000, p. 122....appointed an Executive Councillor on the recommendation of Governor Gore, Castlereagh, p. 303.

Machar, Rev. John—£1000 paid him for building presbyterian churches, p. 134—his letter in explanation of the expenditure of £945 of the money, p. 158.

Mackay, Thomas, M.P.P., his opinion as to the most central polling places for Russell, p. 63.

Mackenzie, A. K.—His letter to Col. Rowan concerning the intended expenditure of the government money for building chapels for Canadian Wesleyans, p. 156.

Mackenzie, W. L.—His motion for printing certain documents xlix—Bishop McDonell gets up a petition and inveighs in the most unbecoming manner against, in the church in Toronto township, O’Grady 225—his letter to the Inspector General for vouchers to R. Mount’s expenditure of £7,558 on Emigration, p. 173—Extracts and selections from his official correspondence and papers relative to his mission to England as Agent for 24,500 inhabitants of Upper Canada, page 188 to page 299—Certificates and resolutions of public bodies and meetings appointing him Agent to London, p. 189—Indenture of the County of York with the Returning Officer, appointing him a Member of the House of Assembly, after his second expulsion, p. 190—Letter to, from Mr. O’Connell, p. 190—Letters to—from Lord Howick, p. 191—from the same, p. 192—from Charles Douglass, Esq. Private Secretary to Lord Goderich, p. 193—from Lord Howick, a note, p. 193—from Lord Howick, p. 194—from B. J. Balfour, Esq. p. 195—Notes from Lord Goderich relative to an interview, and a memorandum concerning the audience had of his lordship the day previous to the date of his despatch to Sir John Colborne of the 8th of November, 1832, p. 196.

Selections from Mr. Mackenzie’s official memorials to Lord Viscount Goderich, transmitted by him to Sir John Colborne, and sent down to the House of Assembly, with the despatch of the 8th of Nov. 1832, numbered A. to L. {Index 44} page 196 to page 216—he is presented for libel by the grand jury of the Home District, in the matter of Capt. Phillpotts and the Crown Lawyers, but the case is not tried, p. 204—Lord Goderich’s Despatch, in answer to the complaints of the people, p. 217—Aspersions thrown upon, by the Legislative Council, in their address to Sir J. Colborne, p. 235, to 242—letter from Lord Howick, p. 278—letter to Lord Goderich, 9th Jan’y 1833, p. 279—letter to the same, 19th January, 1833, p. 286—letter from Lord Howick, p. 291—note from do. p. 293—certain representations made by Mr. Mackenzie against the Crown Lawyers, p. 294—Note from Mr. Earle, appointing an interview with Mr. Secretary Stanley, p. 299—note from Lord Althorp’s Secretary with thanks for statements sent his lordship on colonial affairs, p. 299—the House of Assembly (1829) resolve that partiality had been exhibited by the government in the prosecution of his press for alledged libel, p. 362—brought the Niagara Falls outrage under the consideration of His Majesty’s Government, p. iv*.

McLean, Archibald, M.P.P., income, 1834, p. 116—return of his offices and emoluments, and of 1400 acres of public lands granted him, p. 254—his offices and duties, p. 336.

McMicking, Gilbert, M.P.P.—(Analysis of his evidence.) Latterly strangers and half-pay officers chosen to fill the Commission of the Peace in the District of Niagara, 432—the public lands ought to be applied in liquidation of the War Loss claims; General Brown, of the U. S. Army, once told witness that the Crown and Clergy Reserves would in a manner have repaid the Americans the expense of their invasion of Canada, 437—2500 acres in Lincoln were reserved in lieu of side lines between 1787 & 1789, 1500 acres of which granted by licence of occupation from the government to the Church-wardens of the Church of England, altho’ a common, the property of the several towns, 442—would recommend a law for the abolition of militia trainings, 449—thinks that a majority of the Legislative Council are men who neither study the wishes of the people nor the interests of the country, 450—the more wealthy class of emigrants go to the United States and reside {Index 45} there, alledging that they like the management of that country, 463.

His evidence on the petition of W. Forsyth—a gross outrage was perpetrated in defiance of the laws—it created very great excitement in the country, but no justice has been obtained against the parties, p. 4*.

McCrea, William, M.P.P., recommends Chatham as the polling place for Kent, p. 66.

Maitland, Sir Peregrine; Doctor Strachan and Justice Powell governed the Province, under his nominal administration, till they quarrelled among themselves, Macdonell, p. 37—memorial addressed to him against depriving the Court of King’s Bench, in session, of a casting voice, by permitting the Chief Justice to leave the Province; petition, p. 102—his almost constant absence from the seat of government, his ignorance of the people of the country and the system of espionage that prevailed in his government, complained of, ib. p. 103—warrant for his travelling expenses, p. 182—his characteristic despatches shew the existence of that system of espionage to which many a worthy man fell a victim; he dismissed Judge Willis from the bench and promoted in his place the custom-house officer at Kingston; quarrelled with the House of Assembly and was promoted to Nova Scotia, Mackenzie, p. 206—report of a committee of the Assembly on the military outrage committed by his order on the lands and property of Mr. W. Forsyth of the Falls of Niagara, p. iii*—Forsyth’s petition, 1*—Chief Justice Robinson’s account of the proceedings in the affair at the Falls, p. 5*—Capt. Phillpotts’s statement of the authority he had from, p. 12*—Sir P. Maitland’s despatch of 29th March, 1828, to Mr. Huskisson, stating the matter of the imprisonment of Cols. Coffin and Givins, the affair at the Falls, and traducing the character of Mr. Forsyth and the select committee to whom the House of Assembly had referred his petition, p. 13*—Major Hillier communicates his order to Colonel Givins not to obey the summons of the Committee of the Assembly, appointed to enquire into Forsyth’s complaint, p. 18*—Colonel Coffin states to his secretary, that he had obeyed his commands to disobey the Assembly’s summons, and that the Assembly had sent him to jail where he then was, and praying the advice of the crown officers, {Index 46} p. 19*—Sir G. Murray, in a despatch to Sir J. Colborne, censures Sir P. Maitland for ejecting Forsyth by the aid of a military force from his property, and for the lack of discretion in preventing the two Colonels from giving evidence before a Committee of the Assembly appointed to enquire into the merits of the case, p. 20*—Lord Stanley calls on him to explain his conduct—his despatch in reply (24th June, 1833,) p. 21*; he declares his previous ignorance of Sir George Murray’s animadversions, and acknowledges with thankfulness Lord Stanley’s sense of justice in submitting to him Sir George’s despatch previously to laying it before the House of Commons; he states the case between him and Forsyth, p. 21*, and quotes a case in point which he states to have occurred at Washington, p. 22*; encloses to Lord Stanley, explanations by Messrs. Boulton and Hagerman, p. 24*.

Majority, The, Lord Goderich desirous to defer to the opinion of, rather than to that of the minority of the people upon questions of local interest, p. 279.

Malloch, Edward, M.P.P., his opinions as to the most convenient places for holding county elections in Carleton, p. 66.

Markland, Hon. George H. (Analysis of his Evidence.)—Inadvertantly omitted the £550 to the Methodists in copying from the Warrant Book, 481—it would be more agreeable if the duties of the Inspector General’s office were defined by Statute, 483—the vouchers for the £2800 paid the Methodists are the warrants in the Receiver General’s hands, 485—£284 15 5¼d. of a balance due by Mr. Hagerman when Collector of Customs had been taken from the public accounts because he claims a larger sum not yet allowed by the Council, 486—the Lieutenant Governor is to consult the Executive Council on land grants, 488—Executive Councillors are made by the King, 493—had read Mr. Elmsley’s letter, 494—if the House of Assembly considered a public officer deserving of impeachment, they might address the Governor, and if it were just he could remove him from office, 505—this witness in many cases refused to state his opinion or afford the explanation sought by the committee. (See page 76 to page 80.)

His income, p. 115—Letter to Col. Rowan explaining {Index 47} an omission of £550 to Methodists, p. 150—Letter to by W. L. Mackenzie, for vouchers to R. Mount’s expenditure of £7,558, p. 173—his return of offices, emoluments and land grants, p. 250—Letter to Col. Rowan, with circular to Collectors of Customs, p. 333.

Marriage Bill.—A Bill to make valid certain marriages that had been contracted and to provide for the future solemnization of matrimony, extending the right to marry to the ministers of the methodists and other denominations. Sent up to the Legislative Council as passed by the House of Assembly, and rejected by the Council, 1824, p. 258—again passed by the Assembly and altered and changed by Council so as to cause its rejection by the Assembly, 1826, p. 260—again passed by the Assembly and thrown out in Legislative Council, 1827, p. 262—again passed by the Assembly, and so altered and changed by the Council as to induce the Assembly to decline acting on it, 1828, p. 263—again passed by the Assembly and again rejected by the Legislative Council, 1830, p. 266.

Methodist Ministers.—Several of them refuse to accept any part of the public money from government, xiv.

Methodist Missions, expenses of, to be defrayed from the government bounty to their clergy, Stinson, p. 154.

Methodists, Vide Report, xv.—£2,800 paid them by government out of Canadian Revenue, p. 167.

1. Canadian Wesleyan Methodists, receive public money in 1833 and 1834, xv—£666 paid John Willson for them, p. 134—£388 paid do. for them, p. 140—2 letters from Colonel Rowan, 1833 and 1834, requiring an explanation as to the purposes to which they intended applying the province monies, p. 153 to 155—their resolutions in reply, p. 155, also A. K. McKenzie’s letter, p. 156.

2. British Wesleyan Methodists. Formerly known as Methodist Episcopal Church; receive public money in 1833 and 1834, xv—are rebuked by Sir John Colborne and their loyalty suspected xvi—a mutual good understanding established with the government since they received the public money xvi—Bishop McDonell orders Rev. Mr. Crevier to Penetanguishene to rescue the Indians from the fangs of the Yankee Methodists, p. 33—The £550 to them inadvertantly omitted, Markland 481—an explanatory letter about the £550, sent, Rowan p. 129—£1000 put to Messrs. Haslop and Marsden’s credit for their use, p. 133—Mr. Markland’s letter to Col. Rowan explaining omission of the £550 to them in the Blue Book for 1834, p. 150—Colonel Rowan’s letters of 1833 and 1834, requiring to be informed as to the purpose they intended to apply the government grant, p. 154—answer by the Rev. Joseph Stinson, p. 154.

4. Methodist Episcopal Church in Canada.—Address to Sir John Colborne, Sept. 8, 1831, p. 150—his reply, accusing their preachers of meddling in politics, complaining of their officious interference with the Indians, offering their preachers the same protection as all Americans enjoy who had found an asylum in the Province, regretting the organization of the Church of England, reminding them of their separatists, and that in after years the Province would be peopled with “millions of our own countrymen,” doubting their experience and judgment as to Education, and mentioning that “there are few individuals who think that ministers of the Gospel can conduct political journals, and keep themselves unspotted from the world,” p. 151—the Methodists, in 1828, petition the House of Commons against Dr. Strachan’s misrepresentations and in favour of equal religious rights—their memorial is presented by Mr. Hume, p. 281.

Menonists—Receive no part of the Public Money, xiv—Lord Goderich expresses his anxiety that they should be admitted to participate in the advantages of the Elective Franchise, p. 224—a Bill passed by the House of Assembly and rejected in the Legislative Council to relieve them from fines for not performing militia duty in time of peace, 1830, p. 267—a similar bill rejected by the Council, 1835, p. 274.

Merritt, William Hamilton, M.P.P.—Proposes Dunnville and Stoney Creek as the polling places for Haldimand, p. 67—his offices, p. 118 and p. 122—1000 acres of public lands granted to, p. 255—his offices and duties, p. 337.

Midland District.—List of the Justices of the Peace, p. 313—List of the Commissioners of the Courts of Requests, p. 323.

Military Governors.—Declared by the petitioners from York County to be unsuitable for bearing rule in the civil government of this Colony, p. 103.

Militia.—Complaints relative to appointments in, Wilson 106—militia, 1833 and ’34, p. 107—ditto, 1830, p. 109.

Militia Fines.—A Bill to relieve Quakers, Menonists and Tunkards from the payment of, in time of peace, rejected by the Legislative Council, 1830, p. 267—and again rejected, 1835, p. 274.

Militia Trainings; would recommend the passing of a law to abolish them altogether, McMicking 449.

Missionaries of the Church of England—85 per cent on their salaries paid from province revenue, £4,220 7 4¾d. p. 138—Pensions to retired missionaries, p. 147—table of, for 1834, p. 165—no monies to be paid to from England after 1st of April, 1834, p. 167.

Monopoly.—the United States have a virtual monopoly of the supply of the West India markets with produce, Mackenzie, p. 215.

Montreal.—Attempt of the executive functionaries to dismember Lower Canada by annexing Montreal to this province xlvi—Lord Howick is instructed by Lord Goderich to deny in the most unqualified manner that the question of uniting Montreal with Upper Canada had been agitated by authority from His Majesty’s government p. 279—Mr. Mackenzie shows His Majesty’s government by the evidence of Sir R. J. Wilmot Horton, &c., that the question of dismemberment had been under consideration in {Index 50} England; and also that the officers of government in Upper Canada had countenanced it, p. 286—resolution of House of Assembly of U. C. requiring a port of entry by sea, p. 288.

Moore, Elias, M.P.P. (Analysis of his Evidence.)—Inequality of taxation of lands affords a ground for complaint, 53—the settlers and House of Assembly have given the land its value, 55—the revenue on wild lands ought to be applied to pay war losses, 56—thinks it unjust to pay certain Christian sects a bounty for their religious services, 57—is in favor of a government responsible to public opinion, 58—wishes all reservations of public lands, otherwise than for education, disposed of for public uses, 62—and that the whole public revenue should be applied only according to law, 64—the passage of the intestate estate bill desired in Middlesex, 65—the manner of appointment of justices of the peace in the London District very unsatisfactory to the people, 67—considers the Canada Company a curse to the province, 68—believes that a majority of the electors of Middlesex are in favor of an elective council, 70—is opposed to pensioning the judges by orders from the colonial office, 72—thinks the appointment of an agent in London would be beneficial to the commercial and agricultural interests pf U. C. 77—considers the misapplication of the revenue one cause why hundreds of thousands of acres of wild lands had to be sold for taxes, 79—thinks that the people are desirous of the vote by ballot, 83—great inconvenience felt in Middlesex owing to the polling places selected at elections, 85.

Morrison, Dr. R. (late of Royal Navy)—the lands applied for by his brothers on his death, had been granted, Howick, p. 192.

Morris, William, M.P.P.—Moves the House for the suppression of the publication of Bishop McDonell’s letters to Dr. O’Grady’s l—proposes Carleton Place & Perth as suitable polling places in Lanark, p. 66—1000 acres public lands granted to, p. 254.

Mountain, Dr. George, was paid £222 in 1826 from Clergy Reserve Rents, for expense of a journey to England on the concerns of the clergy, p. 164.

Mount, Roswell.—£7178 expended in 1831-32 on emigration {Index 51} by, p. 170—detailed statements of the expenditure of £7558 on Emigration by, page 172 to p. 175.

Murray, Sir George, Extract from a Despatch to, by Sir J. Colborne, dated 16th February, 1829, p. 277—a Despatch from, to Sir John Colborne, concerning Sir P. Maitland for lack of discretion in the affair of Colonel Givins and Coffin, and for having had recourse to the military instead of the civil power in the case of Forsyth, p. 20*.

Newcastle District.—List of the Justices of the Peace, p. 310—List of the Commissioners of the Courts of Requests, p. 324.

Newspapers, Taxes on.—an ancient and venerable abuse from which a Colonial Officer derives a great revenue, p. 203—address of enquiry into the amount of the, p. 338.

Niagara District.—Address of the inhabitants sent to Lord Goderich, and laid before the King, p. 193—List of the Justices of the Peace, p. 306—List of the Commissioners of the Courts of Requests, p. 329.

Niagara Falls Outrage.—Report on W. Forsyth’s Petition, ordered to be printed, xlix—report, pages iii*, iv*, v*, vi*—Mr. Forsyth was in peaceable possession of an estate at Niagara Falls; Sir P. Maitland issued orders to dispossess him of a part of it; Capt. Phillpotts obeyed, entered Mr. F’s premises with a party of soldiers, and in defiance of his remonstrances damaged his property on the 18th of May, 1827; this outrage they soon after repeated by Sir. P. Maitland’s authority, p. iii*—these outrages were unknown to the Attorney General, who was soon after instructed to defend Phillpotts—Mr. F. was baffled in his attempts to obtain redress in the ordinary courts of law; he petitioned the assembly, who took the matter up; Sir Peregrine Maitland ordered Colonels Givins and Coffin, whom they had summoned, not to attend, so the Colonels went to jail rather than testify; the committee reported that Sheriff Leonard was present and countenanced the outrage, that both the crown officers were engaged in the {Index 52} defence of the persons guilty of it, that a person, long in possession of land, like the petitioned, might be ejected by law; but that military interference for maintaining supposed or contested rights is justly regarded with jealousy in all free countries—the House of Commons enquire into the subject, p. iv*—Sir. P. Maitland’s despatch to Mr. Huskisson relative to, contains a gross attack on the House of Assembly, and personal slander against Mr. Forsyth—Sir George Murray condemns Sir Peregrine’s conduct—Mr. F. harrassed by the government sells his property below its value, p. v*—the purchasers more fully prove his title by enclosing the disputed part and obtaining a verdict of trespass—it is recommended to the House to address the Lieutenant Governor, desiring him to bring F’s case before the King’s Government, in order that redress and remuneration may be afforded him, p. vi*.

Mr. F’s. petition, March, 1835, p. 1*—the government had not abandoned to Clark & Street (the purchasers from Forsyth) the strip of land disputed—two verdicts had decided it to be a public reserve; Clark & Street had since obtained a verdict of trespass on it, which the King’s Bench had since set aside; and witness considered C. & S’s. claim an unrighteous one, Jameson p. 3*—the outrage created much excitement, McMicking, p. 4*—the general feeling of the country was opposed to the outrage by the military, Thorburn, p. 4*—Sir J. Colborne’s Despatch to Lord Goderich, with documents applied for by the House of Commons, p. 4*—Letter, Chief Justice Robinson to Col. Rowan, 31. Dec. 1832, defending his character—his statement of the Forsyth case, p. 5*—Forsyth tried to exclude the public from the Falls; the public were annoyed, and complaint was made to Sir P. Maitland, who directed Capt. Phillpotts the engineer officer to open the grounds to the people; Jones who had originally surveyed the premises was with Phillpotts; Forsyth brought two actions; the Chief Justice (then Attorney General) defended Phillpotts; filed an information of intrusion against F.; in all the actions Mr. F. was the loser, Robinson, pages 6* and 7*—while his (F’s.) action was pending he petitioned the Assembly, whose report appears on the journals, Robinson, p. 8*—Capt. Phillpotts’ statement, Jan. 9. 1833, p. 12*—Sir P. Maitland’s Despatch explaining his proceedings, and the circumstances growing out of the outrage, p. 13*—summonses from the committee of the Assembly, with Colonels Givins and Coffin’s {Index 53} answers; Major Hillier’s letter to Colonel Givins refusing His Excellency’s permission and Colonel Coffin’s letter to Major Hillier asking permission from the Executive to appear before the Assembly’s committee, p. 18* and 19*—minute of the Executive Council, and Despatch, Sir G. Murray to Sir J. Colborne, 1828, p. 20*—Despatch, Lord Stanley to Sir P. Maitland, and his reply in explanation, p. 21*—note by Mr. Hagerman and letter by Mr. Boulton, addressed to Sir P. Maitland, with further explanations, p. 24*—address to Sir J. Colborne, stating, as the opinion of the Assembly, that Mr. Forsyth’s case is an aggravated one, deserving the early and favorable consideration of His Majesty’s government—Sir J. Colborne’s answer, that he would transmit the address to England but could not favourably recommend it, p. 26*—extract from the Attorney General’s report on the, p. 26*.

Norfolk County Separation Bill.—A bill to constitute Norfolk into a separate District, passed by the Assembly and rejected by the Legislative Council in each of the following years, viz:—in 1829, p. 264—in 1830, p. 266—in 1833, p. 272—and in 1835, p. 275.

Norton, Hiram, M.P.P., his opinion concerning proper places to hold the poll in Grenville, p. 64—Lord Goderich’s remarks on his return for Grenville, p. 230.

O’Connell, Daniel, M.P., Assists the Canadians in their efforts to obtain a redress of grievances, xxiv—in favor of the establishment of elective institutions for Canada, xxxix.

O’Connell, Morgan, M.P., letter from to W. L. Mackenzie, stating that his father would be happy to see him, as he takes an interest in the affairs of the Canadians, p. 190.

Officers, Colonial.—if it could be shown that they had been remiss in the performance of their duty, they would be dismissed, Goderich, p. 208—Where their duties are not precisely directed by law, the Lieutenant Governor can only assume the nature and extent of them from the statements of the parties themselves, Colborne, p. 301.

Official Advertising Bill.—A Bill to regulate the price of all official advertising, and the form and prices of Sheriff’s Sale Notices, passed by the Assembly and rejected in the Council, 1832. p. 269—Lord Goderich reminded that this bill, to diminish law costs, had passed the Assembly, with but two nays, and been rejected by the Legislative Council, p. 285.

O’Grady, Very Rev. W. J. (Analysis of his Evidence.)—Thinks that the ministers of religion should be supported by their congregations, and has observed that wherever clergymen are connected with the state their functions are carelessly discharged; the catholics of Ireland and their clergy are opposed to a union with the state, 124—the House of Assembly possesses no effectual check on the Executive, 128—reasons for the opinion that judges and clergymen ought not to sit in the Executive and Legislative Councils; Sir John Colborne had intimated to the Archdeacon of York that his services in the two councils could be dispensed with, 130—considers the Canada Company an injury to the colonists, 131—is in favor of an Elective Legislative Council, 132.

[Second Examination]—Witness obtained his information relative to the bargain between the Government and the Canada Company from Sir J. Colborne, who was at a loss what to do for money to pay the churches unless it were obtained from the Company, 221—the grants to the Catholic Clergy had not been applied to the purpose intended by government, 222—The money passed through witness’s hands as Vicar General; its misapplication was often complained of by clergy and laity; Rev. Angus McDonell and Wm. Fraser complained by petition; a commission was appointed by the Catholics of Toronto to enquire into the appropriation; the commissioners reported that there had been gross peculation, and memorialized Sir J. Colborne, but to no purpose; witness had addressed the Colonial Office on the subject, 223—No uniform scale of allowance was made in paying the government bounty to the clergy; all depended on the Bishop’s caprice, 224—proofs that the Catholic Bishop exercised a political influence over his clergy in conjunction with Sir J. Colborne, 225—it is notorious that all offices of honour and emolument in every department of the government are monopolized for the most part by some two or three private families and their adherents, 226.

Sundry letters from Bishop McDonell to this witness, and several receipts, with a letter from the late Mr. Mudge were given in evidence, in corroboration of his testimony, for which see pages 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, and 42.

[Third Examination.]—Had been incumbent of Toronto, since 1830; 392—John Sayer opened school in York, 1833, received no public money, 393—Sir J. Colborne’s letter to Bishop McDonell relative to Dr. O’Grady and the application of one-fourth of the public money granted to {Index 55} the Catholics for the support of schoolmasters, 394—£1000 were sent by Cardinal Weld to Bishop McDonell for the purpose of erecting a church or seminary at Guelph; the Bishop applied the money to other purposes, 395—

Letter, Bishop McDonell to, January 16th, 1830—Dr. O’Grady to exercise the control of a vicar general over Mr. Gordon and other clergymen; purposes to which Cardinal Weld’s £1000 had been applied; Dr. McDonell intended to petition His Excellency on behalf of the Indians of Penetanguishene, p. 60—witness had heard Mr. Baby and Mr. Fraser express their opinion as to the correctness of the charge of peculation brought against the Bishop, 396.

Vote of the House of Assembly on a motion to suppress the publication of Bishop McDonell’s letters to, l.

Ottawa District.—List of the Justices of the Peace, p. 317—List of the Commissioners of the Courts of Requests, p. 320.

Pamphlet Postage, address of the Assembly for information of the amount of in 1833 and 1834, p. 338.

Pannebacker, Henry, charged £30 costs, and three lawsuits instituted against him, for the balance of a £50 note discounted by the Bank of Upper Canada, 598.

Parke, Thomas, his opinion with respect to the most proper places for polling the votes of the electors of Middlesex, p. 62.

Parliamentary Privilege—to allude to speeches delivered by members of parliament in their places, in any petition, is a breach of—Stanley, p. 97—the Houses of Parliament are very particular upon this point, Goderich, p. 98—Sir Peregrine Maitland’s opinions and enquiries as to the powers of the House of Assembly to compel the attendance of certain classes of witnesses, p. 16*.

Parnell, Sir Henry, M.P.—report by him and others on the management of the public revenue of Great Britain, p. 176—ceased to be a member of the government when he ceased to think and act with his colleagues, p. 287.

Parsonage Houses.—Sundry payments from clergy reserve rents, towards building, p. 164.

Patronage of the Crown, iii—not to be exercised upon narrow or exclusive maxims, Goderich p. 208—is not anxious that the influence of the crown in the House of Assembly should be considerable, Goderich p. 232.

Patton, John.—Offices and income, p. 118—£2298 expended on emigration by, p. 170.

Pensions, xiii—Are paid by warrant on the authority of the Colonial Office, Rowan, 35—are paid by orders of the Lords of the Treasury, Dunn 414—convert some of the Catholic Clergy into politicians, King 514—amount paid to 8 pensioners, p. 122, 123—allowance to retired Missionaries, p. 147—Widows of Church Clergy, p. 148.

Perry, Peter, M.P.P.—Moves in the Assembly that His Majesty be addressed to lay a copy of the proceedings of the House and of the Government, in Mr. Collins’ libel case, before the Imperial Parliament, p. 371.

Perry’s Jury Bill—A fit and proper remedy to the complaint that Sheriffs hold their offices during pleasure, and often choose grand and petit jurors without reference to their fitness, but from political considerations; and a means of securing the subject a fair trial by jury, McMicking, 447.

Petitions.—24,500 persons petition the King for a redress of grievances, xxii—10,000 persons petition in favour of religious liberty, xxiii—Petition of inhabitants of U. C. p. 99—Lord Goderich declares that the 44 petitions for a redress of Grievances contained only 12,075 signatures, p. 218, but Lord Howick acknowledged the error of the statement and admitted that they contained 24,500 signatures as Mr. Mackenzie had stated, p. 291—petitioners to His Majesty seeking no change, 26,854 persons, p. 219—Mr. {Index 57} Mackenzie desires an investigation relative to the mistake made at the Colonial Office, of 12,000 petitioners, and affirms that he had brought to England the memorials of a majority of the whole male adult population, p. 280—the Wesleyan Methodists and Protestant Dissenters, from 40 committees had petitioned the House of Commons in 1828 against Dr. Strachan’s misrepresentations and in favor of religious rights, p. 281—10,000 petitioners in favour of religious freedom, from U. C. to House of Commons, 1831, p. 282—10,000 petitioners, praying for a change in the character of the Legislative Council, &c. p. 282—61 petitions presented to the King within 18 months, for a redress of grievances, p. 282—Lord Goderich declines to comply with Mr. Mackenzie’s wish to be permitted to examine the petitions sent by Sir John Colborne in support of his administration, to see whether they were not spurious, p. 291—petition of Mr. F. Collins to Sir John Colborne to be relieved from jail, p. 360—the petition of Mr. Wm. Forsyth, complaining of the Niagara Fulls outrage, p. 1*.

Phillpotts, Captain, R.E., charge against for violent conduct as a military officer, made by Mr. Forsyth, Mackenzie, p. 203 and note—report of a committee of the House of Assembly, charging him with two outrages committed on Mr. Forsyth’s premises at Niagara Fails, in 1827, p. iii*—Mr. Forsyth’s charge against him, p. i*—Chief Justice Robinson’s account, p. 7*—his own account of these transactions, p. 12*—Sir P. Maitland’s account, pages 17*, and 22*.

Political Unions, denounced by the Legislative Council as threatening the peace and liberties of the people, and which they were apprehensive that Mr. Hume had recommended, p. 241.

Polling Places.—Inconvenient polling places selected in Middlesex, Moore 85—Demorestville and Hallowell suitable for Prince Edward, Wilson 86—two polling places required for Huron County, Van Egmond 216—Williamsburgh and Alexandria central places for polling votes in Glengarry, Chisholm 241—Grimes’ Inn and Cottingham’s Mills suitable {Index 58} for Durham, Brown 324—For Stormont, see Bruce, p. 62—and McDonell, p. 65—For 1st Riding of Lincoln, see Woolverton, p. 62—For Middlesex see Parke, p. 62—For Essex, see Wilkinson, p. 62—and Caldwell, p. 62—For Carleton, see Lewis, p. 62—and Malloch, p. 66—For Kent, see Cornwall, p. 63 and McCrae, p. 66—For Norfolk, see Walsh, p. 63—For Russell, see McKay p. 63—For Grenville, see Norton and Wells, p. 64—For Wentworth, see Smith and Rymal, p. 64—For Frontenac, see Shibley, p. 64—For Dundas, see Shaver, p. 64—For Glengarry, see McDonell, p. 65—For Durham, see Boulton, p. 65—For 2d. Riding, Lincoln, see Rykert, p. 65—For Lanark, see Morris, p. 66—For Simcoe, see Lount, p. 66—For Halton, see Durand, p. 66—For 3rd. Riding of Lincoln, see Thorburn, p. 67—For Haldimand, see Merritt, p. 67—For Hastings, see Yager, p. 67.

Population.—Rate of increase of, xxvi—of Huron Tract, supposed 2000, Van Egmond, 219—of Halton County about 30,000, Durand 470—of Upper Canada, p. 106.

Postage on Letters, injurious to trade where it exceeds the maximum charged in the United States, Dunlop 175—enquiry into the amount of postage on letters, p. 338.

Postmasters.—Names of some of the, p. 121—address for information relative to the income of the postmasters of Canada, p. 338—answer, p. 340.

Post Office Department, vi—the Governor should appoint the Postmaster General, and the latter should get his accounts audited like those of other officers, Dunlop 166—an address relative to abuses in, never answered, p. 203—address reported from Grievance Committee for full and complete information relative to its operations, p. 338—answer, with a letter of excuses for the present, p. 340.

Powell, Mr. Chief Justice.—Mr. Justice Powell, with Dr. Strachan, governed the province till they quarrelled among themselves, Macdonell, p. 37—amount of pension paid to, p. 122—16,908 acres granted to him and his sons and daughters, p. 248—appointed an honorary member of the executive council, 14. June, 1808; and an ordinary one, 13th July, 1809, p. 303.

Powell, Grant.—Holds offices, the duties of which cannot be adequately fulfilled by one person, xi—income, p. 116—was a Timber Commissioner at $14 per day, p. 183.

Presbyterian Ministers, several of them refuse to receive public money from the government, xiv.

Presbyterians, xvii—glebes given to, xviii—government allowance extended to, from provincial revenue, p. 168.

Presbyterian Synod.—List of Clergy and their half yearly official bounties, Jan. to June, 1833, p. 137—allowance to ministers of, 1834, £1202, p. 139—list of Clergy and their bounties or pensions, p. 149.

Primogeniture Laws, ought to be abolished, Wilson 103—the bill for the more equal division of Intestate Estates is a bad measure, Dunlop 163—in favor of the law of Primogeniture, Brown 334.

Prince Edward District.—List of the Justices of the Peace, p. 312—list of the Commissioners of the Courts of Requests, p. 323.

Prince Edward Separation Bill.—A bill to constitute this county into a separate district, was passed by the House of Assembly and rejected by the Legislative Council in each of the following years, viz: in 1824, p. 258—in 1825, p. 259—in 1826, p. 260—in 1827, p. 261—in 1828, p. 263—in 1829, p. 264—in 1830, p. 266.

Private Secretary to the Lieutenant Governor.—Income of the Office, viii—ought to be abolished, viii—Errors in returns of Salary for 1830, Rowan 46.

Prince Regent.—Instruction from the, dissolving one executive council and appointing another, p. 302.

Protecting Duties.—A Bill to levy a duty on the importation of certain articles of produce from the United States, passed {Index 60} by the House of Assembly, but rejected by the Legislative Council, in the Session of 1835, p. 275.

Provincial Statutes.—Does not know why the printing of them was given to Mr. Stanton, with a far higher price, after being well and cheaply done by contract in 1825, Strachan 537.

Provisions.— Prices charged the Government for provisions to settlers in Carradoc, Adelaide, and Warwick, p. 173.

Public Expenditure.—On Emigration, xviii—returns of the public expenditure unnecessarily delayed or withheld, xx—Revenue balances, 1834, p. 110—Details of Emigration expenditure, p. 169—the House of Assembly ought to have the fullest and most detailed accounts of, which they can desire, Goderich, p. 227.

Quebec, Catholic Bishop of.—£1000 salary formerly paid him by government; to be placed on the colony, p. 141 & 143.

Quebec, Right Rev. Charles James Stewart, Protestant Bishop of, his house rent paid by Province, p. 133 & p. 139....his salary has been refunded to the Province, p. 134....Salary, £3000 sterling, paid from England, in 1832, p. 141....£1500 sterling paid him from casual revenue, p. 163.

Randall, Robert, 1000 acres public lands granted to, p. 254....Bill to enable Judge Willis to try over again the suit of his 950 acres of land in the township of Nepean; passed by the Assembly, and rejected by the council, 1828, p. 263....Bill to remunerate him by a grant of £500 for valuable services performed in England in the matter of the alien question; passed by the Assembly and rejected by the Legislative Council, 1829, p. 254....again passed and again rejected by the same, 1830, p. 266....Lord Howick states, in a letter to Mr. Mackenzie, the principles upon which he had discussed with Mr. Randall the naturalization question, p. 292.

Receiver General: accounts sent twice a year to the Inspector General, Dunn 417....List of Public Funds kept by, p. 111....Salaries of officers in his department, p. 114....all public money is paid at his office on warrants, p. 131....he obtains vouchers to satisfy Board of Audit in London, p. 131.

Registration of Lands, Wills, Mortgages, &c.—Duties of Registers often performed by deputy....a reduction of their fees called for, as a means of lessening the burthen of conveying real estate xii....Their incomes, pages 118 & 119.

Religion, xiv....reasons why its ministers should be supported exclusively by their congregations, O’Grady 124....all sects or none should be paid by the public, Dunlop 178....a country without an established religion is an infidel country, Strachan 557....it is not the wish of His Majesty’s government to shew an undue preference to the preachers of the established churches of the United Kingdom, Goderich, p. 228.

Religious Societies Land Bill.—A bill to allow the several religious denominations to hold land for a chapel or burial place, &c. passes the Assembly, 1825, and is rejected by the Legislative Council, p. 259....passed by the Assembly and amended by the Council so as to insure its rejection by the Assembly, 1826, p. 260....again rejected by the Council, 1827, p. 261.

Report on Grievances, i to xlviii—Patronage of the Crown iii....Post Office Department vi....Incomes and Salaries of Officers vii....Pensions xiii....Ecclesiastical Establishment xiv....Methodists xv....Church of England xvi....Presbyterians and Catholics xvii....Glebes, ib.....Lands; King’s College; Emigration Accounts xviii....Audit of the Public Accounts xix....Returns of Accounts xx....Case of F. Collins, Libel, ib.....Leeds Election xxi....Lord Goderich’s Despatch, 8th Nov. 1832. xxii....Sundry matters of Complaint xxv....The Legislative Council xxv....Justices of the Peace xxvi....On obtaining a Responsible Government xxvi....The Executive Council xxix....Dismissal and Re-appointment of Messrs. Boulton and Hagerman xxxi....Securities in England against aristocratic encroachments xxxiii....Arguments in favor of Elective Institutions xxxiv....Character and conduct of the Legislative Council xxxv....A pecuniary influence exerted over the Judiciary xxxviii....An Elective Legislative Council recommended xxxix....The affairs of the Colony declared to have suffered from the interference of Colonial Ministers in our domestic concerns xxxix....Neglect in the selection of Governors xl....Vote condemning the Executive xli....Permanent Civil List Bill xlii....Vote in Assembly on a motion to return Lord Goderich’s Despatch xliv....Conduct of the Crown Lawyers on various occasions xliv....A responsible Government promised xlvi....The Lieutenant {Index 62} Governor ought to act so as to possess the public confidence xlvii....Copies of report recommended to be sent to England xlviii....Orders of the House relative to 7th Report, with the votes xlix.

Report, on the management of the public Revenue of Great Britain. (Extracts from.)—All public monies should be paid into the Treasury....all are not so paid, p. 176....no portion of the public revenue should be issued from the Treasury without Parliamentary sanction....the expense of collection ought to appear and be placed under legislative control....such a regulation adopted by France and found beneficial....fees ought to be abolished, p. 177 & note....books should be kept according to the most simple form of the commercial system of book-keeping....the peculiar excellency of book-keeping by double entry, p. 178....the double entry system adopted by the East India Company, in France and elsewhere, with great advantage....the French system of accounts affords perfect security against default and delapidation and saves the nation millions per annum p. 179....the late Board of Treasury stated the propriety of substituting a regular cash book, journal and ledger in the place of the numerous books now in use, p. 180.

Resolution.—Resolution to suppress Lord Goderich’s Despatch, and the vote thereon, xliv.

Revenue.—Receipts and Expenditure very imperfectly accounted for xix....returns unnecessarily withheld or delayed xx....knows of no part of the judicial, ecclesiastical, or civil expenditure, being defrayed from funds not raised in Upper Canada, Robinson 595....Revenue Balances, 1834, p. 110....State of Receiver General’s chest, p. 110....List of public funds or accounts of revenue kept by Receiver General, pages 111, 112 & 113....Revenue Balances per public accounts, 1834, p. 113....an explanatory letter from Receiver General to Colonel Rowan respecting revenue accounts, p. 131....it is His Majesty’s wish that the House of Assembly may have the most ample and detailed statements of the receipts and expenditure of the whole provincial revenue, from whatever source derived, which they may choose to call for, Goderich, p. 227....the British Act regulating the trade between the Canadas affords an easy remedy for difficulties in the way of apportioning the revenue raised at Quebec, Mackenzie, p. 290.

1. Casual and Territorial Revenue. Payments very imperfectly accounted for xix....See No. 10, p. 110....balance in funds D. & K., p. 113....Payments to the clergy in 1832, 3, 4, £40,441, p. 129....Expenditure of, on Emigration, p. 172 to p. 175....the gross receipts of revenue, whether arising from taxes or crown property in the United Kingdom should be paid into the treasury and appropriated by Parliament, report of Commissioners on British revenue, 1831, p. 176....Form of Warrant used in drawing monies from, p. 182....The House of Assembly resolved that the annual appropriation of £10,825, from land sales was misapplied. The abuse was continued, p. 201....the most full details to be laid before the Assembly, p. 227....Sir P. Maitland reminds Mr. Huskisson that the Assembly had not unfrequently called upon him for an account of the receipt and appropriation of the casual and territorial revenue, and that his instructions were not to comply with such a request until he had ascertained the purpose for which the information was desired, and had referred to the Secretary of State on the subject, but that if they could summon the Receiver general or Inspector general, or any of their clerks, on pain of imprisonment, the government had no longer any discretion, p. 16*.

2. Ordinary or Provincial Revenue, (so called.)—See No. 10, p. 110....Balance in fund B. p. 113....and Debentures, p. 114.

4. Post Office Revenue.—Deputy Postmaster General would give the House of Assembly no information relative to, Mackenzie, p. 203....Address for information relative to the receipts and expenditure, p. 338....Answer, with a copy of a letter from Mr. Stayner, making sundry excuses for not being able to furnish it on an early day, p. 340.

5. District Funds.—£18,441 in 1833; £18,671 in 1834; expended under the direction of the Justices of the Peace, p. 187.

Rice, Right Hon. Spring, M.P., his despatch of 5th August, 1834, referred to; no monies to be paid to church of England clergy in U. C. from England, after 1st April, 1834, p. 167.

Richardson, Charles, M.P.P., Clerk of the Peace, Niagara District; duties to be performed, p. 337.

Richey, Wellesley, his expenditure and salary as an emigrant agent, p. 170....do. p. 172....imperfect mode of accounting by, p. 172.

Ridout, Samuel, his income as Register, H. D. £500; holds a sinecure besides, xii....£1555 allowed him in lieu of his sinecure, p. 184.

Roads and Bridges.—£12,000 nearly of the monies voted in 1833 to improve the Roads, and entrusted to Commissioners, remain unaccounted for, xix—the roads are bad in Glengarry, Chisholm 238—Bill to grant public money to improve the roads, passed in Assembly and rejected in the Legislative Council, 1829, p. 265—a similar bill passed the Assembly and was thrown out by the Legislative Council, 1832, p. 270—a similar bill was again rejected by the Legislative Council, 1835. p. 275.

Robinson, Hon. Chief Justice.—His treatment of the late Mr. Francis Collins, xx—his income, xi, and p. 116—inexpediency of blending political and judicial duties in his person, xxxviii—an undue influence exercised over the judiciary, xxxviii—his secret defamation of the characters of the members of a select committee of the House of Assembly, Mackenzie, p. 205—his exaltation to the Presidency of the Executive Council, p. 206—he is appointed Chief Justice, p. 207—return of his offices, and the grants of public lands made to him, p. 250—resolutions of the Assembly, setting forth his conduct when Attorney General in the prosecution against Francis Collins for an alleged libel upon Sir P. Maitland, pp. 363 and 364.

Robinson, William B., M.P.P.—Votes to send back Lord Goderich’s Despatch, xliv—moves to rescind the resolution of the Assembly for printing 2000 copies of Report on Grievances, xlix—1000 acres of public lands granted to, p. 254.

Robinson, Hon. Peter. (Analysis of his Evidence.)—Accounts half-yearly to the Inspector General for Crown Lands sold, and annually for sales of Crown Timber, 566—occasionally the laborers under Mr. Mount were paid for Sunday work, 568—witness declines answering a number of questions, 572, &c.—Members of the House of Assembly and others may afford information to the Lieutenant Governors respecting persons fit to be made magistrates, 577—thinks the system of government has not tended to discourage wealthy and enterprising emigrants, 584—is opposed to the mode of voting by ballot, 585—a man may act quite independently and retain his seat as an Executive Councillor, 591 (See also Hon. John Elmsley’s Letter, p. 91)—the Executive Council have been in the habit of late years of auditing all the accounts of expenditure within the Province, except the monies appropriated by the Legislature for roads or other purposes, 592—thinks the establishment of a general Board of Audit would be advantageous, 593—knows of no other part of the judicial, ecclesiastical or civil establishments of Upper Canada being defrayed from funds other than those raised from the Province itself, except the interest of the proceeds of Clergy Reserve Sales remitted to England and placed in the funds, 595—refuses to reply to certain questions, from the conviction that the confidential situation he holds would make it improper for him to express his opinion in any other place than where his duty requires, 596.

Salary p. 114 and ix—Payments to, since July, 1827, £12,587, p. 127—imperfect mode of accounting for public monies expended in his department, p. 172....ditto, p. 174 & 175....return of his income, offices and land grants, p. 250.

Roebuck, J. A., M.P.—Assists the agent of the petitioners from U. C. for the redress of grievances, xxiv.

Roman Catholic Bishop of Quebec—Received a salary or pension of £1000 from England in 1832, p. 141.

Roman Catholics.—£4,910 paid by government to the Catholic Bishop on account of his Church and Clergy, within the last 2 years; the details of the expenditure difficult to be obtained xvii—Glebes given to Roman Catholic Church, xviii—Clergy & Laity in Ireland opposed to their union with the state, O’Grady, 124—The pecuniary grants to this Church, thro’ Bishop McDonell, shamefully misapplied, O’Grady, 222, 223....their Clergy exact tythes in Glengarry, Chisholm 252....Warrants for their salaries are all paid in one sum to the Bishop, Dunn, p. 131....monies paid in 1833 to trustees to be expended on Roman Catholic churches, p. 137....£1111 and £512 paid to the priesthood and for chapels, p. 139....government bounty to build and repair chapels and churches of, p. 149....Letter of Colonel Rowan intimating grant to their churches, p. 159, commissioners to expend the money, p. 160....a similar grant and scale of division and table of commissioners, pages 161 & 162....details of grants to, from colonial revenue, p. 169....Bill to incorporate the bishop and clergy and enable them to hold lands, rejected in the Assembly, 1832, p. 270.

Roman Catholic Schools.—Four schoolmasters brought into Glengarry by Bishop McDonell, Chisholm 246....There was a school house erected at St. Raphaels, Chisholm 263....John Sayer had taught in York and received £20, Angus McDonell 288....there are some schools maintained from government bounty, ib. 301....John Sayer did not get £20 for teaching in York, O’Grady 393....Government granted £250 a year for Catholic schools, O’Grady 394.... Bishop McDonell authorised to apply one-fourth of the annual appropriation by government to support Catholic schools, Colborne, p. 59.

Rowan, Lieut. Col. Wm. (Analysis of his Evidence.)—Mr. Vankoughnet appointed a Custom House Officer in Oct. 1832, 8....Cannot produce any returns without permission of the Executive Government, 9....The Lieutenant Governor, alone, appoints Collectors of Customs and Excise officers, 11....Mr. Sheriff Jarvis’s salary is discontinued, 16....Witness does not take an oath of office, 24....His duties are regulated by the orders of the Lieutenant Governor, 26....Despatches from {Index 66} His Majesty’s Government are not enregistered in any way, 28....Witness only sees such despatches as the Lieutenant Governor thinks fit, 29....The Lieutenant Governor submits to the Executive Council only such parts of his correspondence with the Colonial Office as he thinks fit, 30....No pension or allowance is paid by warrant without the authority of the Secretary of State for the Colonies, 35....The Blue Book is now made up in the Secretary & Registrar’s office, who is responsible for its correctness, 43....Witness’s salary and emoluments, 44....Explanation of errors in Blue Book for 1830, 45 to 52.

Letters to W. L. Mackenzie and to Hon. D. Cameron relative to the Blue Book, p. 105....Letter to W. L. Mackenzie reflecting public accounts, p. 106....Letter to W. L. Mackenzie concerning the payments to Methodists and to clergy of various churches, p. 129....Letter to Mr. Receiver General respecting clergy monies and casual revenue, p. 130....Mr. Dunn’s reply, p. 131....Letters, 1833 and 1834, to Methodist Conferences, concerning government bounty, pages 153, 154, 155....Letter, 15th March, 1833, informing Synod in communion with Church of Scotland of government grant of £900, p. 157....Letter, 1834, to the same, with grant of £550, p. 157....Letter to Bishop McDonell informing him of £900 granted to build Catholic chapels, 1833, p. 159....Letter to the same respecting £550 for a like use, 1834, p. 161....Letter to H. J. Boulton, Esq. inclosing copy of Lord Goderich’s despatch ordering him to be removed from office, p. 295....Letter to the same stating the cause of Messrs. Boulton and Hagerman’s removal, p. 296.

Rowe, George,—His letter to Mr. Thorburn communicating the opinion of a Committee of the Freeholders relative to a fit polling place for Lincoln, p. 67.

Russell, Lord John, M.P.—Report, as a Commissioner to enquire concerning the management of the Revenue, p. 176.

Rykert, George, M.P.P.—Recommends St. Catharines as a fit place to hold elections for the 2nd Riding of Lincoln, p. 65.

Rymal, Jacob, M.P.P.—His opinion relative to the best polling places for Wentworth, p. 64.

Salaries and Incomes of Public Officers, vii....of the Attorney and Solicitor General, xii....of the Adjutant General of Militia, xiii....Salaries, fees, and emoluments paid from the revenue raised in this Province, page 114 to page 122....salaries of officers of King’s & Upper Canada Colleges, p. 185....return to the House of Commons of the incomes of, p. 248 to p. 257.

Scotland, Church of.—£1000 paid Mr. Machar for building Churches, p. 134....list of ministers of, with their official incomes, (£1205) p. 136....£1248 and £859 paid to Ministers of, p. 139....list of its ministers and their official pensions or gratuities, from January 1834 to January, 1835, p. 148....two letters from Colonel Rowan informing the Synod of grants made by order of the Secretary of State from public revenue to build churches and chapels, p. 157.... Letter of Mr. Machar their moderator, with a brief statement of the expenditure of £945, p. 158....His Majesty’s Government do not wish that an undue preference should be shewn to the preachers of this Church, Goderich, p. 228.

Scott, Chief Justice,—appointed an Executive Councillor by the Prince Regent, p. 303.

Secretary and Registrar.—Income of, and of his deputy, p. 115—fees he is authorised to take, p. 188.

Shaver, Peter, M.P.P.—His opinion as to the places the most fit to hold the poll at for Dundas, p. 64.

Sheriffs of Districts.—A revision of the tariff by which their fees are regulated is recommended, xi, xii—an inquiry why the Sheriffs of the Niagara, Western and Bathurst Districts had been allowed to charge illegal fees on land sales, Rowan 50—their returns of income, pp. 116 & 117—Bill to regulate the price and form of their official advertisements, lost in the Legislative Council, in 1832, p. 269.

Sherwood, Mr. Justice, (Levius Peters).—His conduct complained of by the people of the county of York, by petition, stating that, in the absence of the other judges, he had proceeded alone to exercise all the powers of the Court of King’s Bench, but abstained from giving his reasons for such illegal assumption, although requested by the bar so to do; and that he had vacated his office at that time by leaving Upper Canada without lawful {Index 68} leave, p. 103—his income as a judge of the Court of King’s Bench, £1,000, p. 119—his letter relative to the extent of punishment he thinks due to political offences, especially in the case of Francis Collins, p. 359—Resolution of the House of Assembly, that his charge to the jury in Collins’ libel case “was an unwarrantable deviation from the matter of record, and a forced construction of language, contrary to the ends of fair and dispassionate justice,” p. 365—Resolutions of the House that by the language of his letter to Sir John Colborne in favor of such a punishment to an editor for a newspaper libel as would in all human probability prevent a recurrence of the offence, and affirming that any thing contrary to this would be nugatory, it too plainly appears that the punishment inflicted on F. Collins was not confined to the verdict tendered by the jury, p. 367, but that it was shamefully disproportioned to his (Collins’) offence subversive of the freedom of the press, under pretence of correcting its excesses, and destructive of the liberty of the subject under pretence of punishing, an offender,” [yeas 39, nays 3] p. 368, and that the exorbitant and oppressive bail required from him, [Collins] leaves him no other alternative than perpetual imprisonment or the abandonment of the press by which he maintains himself, with a wife and an infant family, [yeas 39, nays 4] p. 368—The House also resolved that his (Judge Sherwood’s) doctrine, as laid down in his letter to the Lieutenant Governor, is dangerous in a judge entrusted with the administration of the criminal justice of this country, and calculated to render the criminal law, so administered, a scourge to the community, (yeas 31, nays 10) p. 369—he appears before a committee of the Assembly, and declines offering any explanation of his conduct in Collins’ case, p. 371.

Simcoe, Lieutenant Governor.—Entrusted with the duty of putting in operation the charter of Canadian liberty, xlvi—his memorable declaration xlvii.

Sinecures.—S. Ridout’s sinecure, xii—S. P. Hurd’s, from 1829 to 1832, p. 93—The Presidency of the Board of Education, (a sinecure) suppressed on an address of the Assembly, Strachan, 536—£1,776 paid Mr. Receiver General Dunn on a sinecure, p. 129.

Smith, Colonel.—Dr. Strachan and Justice Powell governed the province under his nominal administration, Macdonell, p. 37.

Smith, Harmanus, M.P.P., his opinion concerning polling places for Wentworth, p. 64.

Smith, Sir David William, amount of pension paid him; he is a resident English baronet, p. 122.

Speaker of the Legislative Council—Ought not to be the chief criminal judge, xi—income disproportioned to the duties, xi.

Stanton, Robert, paid extravagant prices for work, and £600 loaned to him, without interest, to enable him to complete a large printing establishment in Toronto, p. 184.

Stanley, Right Hon. E. G. (now Lord.)—His misapprehension of the state of Upper Canada, ii....His opinion of the Legislative Councils of the Canadas, iv....considers refusing supplies a constitutional remedy, iv....his opinion of the Executive Council, xxvii....letter to W. W. Baldwin, Esq. on the means of redressing Colonial Grievances, dated April 24th, 1829, p. 95....appoints an interview with Mr. Mackenzie on behalf of the Canada petitioners, p. 299....Despatch to Sir P. Maitland, June 20, 1833, calling on him to explain his conduct with respect to the papers moved for in the House of Commons relative to the Niagara Falls’ outrages, p. 21*....Sir Peregrine’s answer, p. 21*.

Statutes, Provincial.—A Bill to provide for their being annually printed in a certain form and manner, by contract, and regulating their annual distribution; passed the Assembly, Session 1835, and was nullified by the Legislative Council, p. 275.

Stayner, Thomas Allen.—Proportion of his income from Upper Canada, estimated, p. 121....address for information as to his proceedings and income as Deputy Postmaster General, p. 339....letter from him, stating reasons why the information must be delayed, p. 340.

Stinson, Rev. Joseph,—£611 2s. 2½d. paid him “in aid of the erection of Wesleyan Methodist Chapels,” p. 140....letter to Colonel Rowan, 7th July, 1834, informing him of the purposes to which it was intended that the provincial money should be applied, p. 154.

Strachan, Archdeacon. (Analysis of his Evidence.)—Is President of King’s College, Archdeacon of York, and senior member of the Executive Council, 515....there are about 1200 children in Toronto, 516....the statement in Mr. Elmsley’s letter on resigning his seat in the Executive Council was not correct, 526....witness explains respecting 300l. paid him out of the Canada Company’s funds, 534....understood that the Board of Education, from which he derived a salary, was suppressed {Index 70} on an address of the House of Assembly, 536....does not know why the statutes were given out at a far higher price to Mr. Stanton after being well and cheaply done, in 1825, by contract, 537....there are not too many dependant persons in the Legislative Council, 539....has no recollection of an unfavourable report by the Council in the case of Mr. Appleton, 541....the Legislative Council had always appeared to him to have made the good of the Province much more its study than the House of Assembly, 543....does not believe that the government is irresponsible; it is quite as responsible as any other government, 545....is not aware of any court for the trial of public officers who had neglected their duty, but thinks the Legislative Council would be a proper tribunal to try impeachments, 548....Governors fit persons to select Justices of the Peace for they have the best sources of information & are quite independent, 550....the improvements the resident settlers have made is an incidental advantage which gives them no particular claim, 552....“the members of the House of Assembly have been the chief office-holders and the chief office expectants for the last thirty years,” 555....nobody would ask for the vote by ballot but from gross ignorance; it is the most corrupt way of using the franchise, 556....there should be in every Christian country an established religion, otherwise it is not a Christian but an infidel country, 557....is thankful that the government of Upper Canada does not confine itself to maintaining one form of the Christian religion, but selects four particular denominations, to whom it appears to have paid about 35,000l. within the last two years, 559....considers the Clergy Corporation legal, 560....the Executive Government does every thing to encourage emigration, but the slanderous newspapers make people at a distance believe there are difficulties, 563....for explanations of the sources of his income, see 564, 565. [This witness declined to answer a number of questions.]....To ascertain his various sources of income x....receives the proceeds of a sinecure xxxviii....governs the Province, with Justice Powell, during Colonel Smith, Mr. Gore and Sir P. Maitland’s administration, till they quarrelled among themselves, Macdonnell, p. 37....an entry in a return to the House of Commons, of 540l. and 324l., to, explained, Turquand 424....Payment to, in lieu of delapidations on living, 225l. p. 109....his Income, p. 115 and note, and details, and land grants, p. 123 to p. 125....Salary as Archdeacon, p. 132....presides at an audit of incorrect accounts of Roswell Mount, p. 174....The Assembly address His Excellency for copy of any communication from His Majesty’s Government authorizing £712 16s. 2d. to be paid him, as the expenses of a journey to England, p. 186....his character and situations, Mackenzie, pages 210 & 211....Lord Goderich is rather predisposed to the opinion that by resigning his seat in the Legislative Council he would best consult his personal comfort and the success of his designs for the spiritual good of the people, {Index 71} p. 228....the Council rebuke His Lordship for this uncalled for interference, p. 240....his offices, emoluments and land grants, p. 248....8000 Methodists and Dissenters petition parliament against his misrepresentations, Mackenzie, p. 281.

☞ A copy of the Charter of King’s College obtained by Dr. Strachan is placed at the end of this volume for reference, together with a Bill to amend it, which the Assembly passed, and the Council rejected, year 1835.

Stuart, Archdeacon, Kingston.—Amount of his income from the public revenue, xvi....his salaries as Archdeacon and minister, p. 132.

Supplies.—Mr. (now Lord) Stanley considers the refusal of Supplies a constitutional remedy, when the Governor and Council have lost the public confidence, iv.

Surveyor General’s Office.—Incomes of Clerks and Officers, p. 114....fees authorised to be taken at. p. 188.

Talbot, Thomas.—Lands given him to settle, 302,420 acres, page 108....an account of his pension, p. 123.

Taxes.—The Magistrates of the Eastern District refuse to account for the proceeds of taxes they had expended, v.

Thompson, Charles Poulett, M.P.—Report of, as a Commissioner to enquire into the management of the Revenue, p. 176.

Thomson, Hugh C.,—Votes in favour of sending Lord Goderich’s Despatch in answer to the complaints of the people back again, xliv—the House of Assembly resolve that while prosecutions had been instituted against him and other editors then opposing the injurious policy of the late administration, other papers paid and patronised by the government, had been allowed to libel it (the Assembly) with impunity, p. 362.

Thorburn, David, M.P.P.—His letter to the Grievance Committee concerning a polling place for third riding, Lincoln, p. 67—his evidence on Mr. Forsyth’s petition, p. 4*.

Throop, Governor.—His excellent remarks to the Legislature of New York, p. 202.

Timber Trade.—Lord Goderich is reminded that the House of Assembly had unanimously complained of the inland tax (at the Chaudiere) of 25 per cent., or thereabouts, on the value of each raft, and that ministers had declined to remove the impost, Mackenzie, p. 284.

Toronto Episcopal Church.—£1000 allowed Dr. Strachan out of the funds of the Colony towards building it, on condition that permanent accommodation would be provided in it for the troops, p. 164.

Towns’ Members’ Wages Bill.—This Bill, to allow members of Assembly for Towns and Cities the same wages as are paid to members for Counties or Ridings, was passed by the Assembly and rejected by the Legislative Council, in each of the following Sessions, viz:—in 1825, p. 259—in 1826, p. 260—in 1827, p. 261—and in 1829, p. 264.

Towns’ Representation.—Lord Goderich favourable to the payment of wages to a, p. 223.

Trade of the Canadas.—Remarks on, addressed to Lord Goderich by W. L. Mackenzie, p. 214.

Tunkards.—Maintain their preachers and religious teachers without accepting any pension or bounty from the government, xiv—Lord Goderich would be happy to introduce a Bill to extend to them the elective franchise, p. 224—a Bill passed the Assembly and was thrown out by the Legislative Council, in each of the following years, to relieve them from the payment of fines or commutation money for non-performance of militia duty in time of peace, 1830, p. 267—1835, p. 274.

Turquand, Bernard,—Explains an entry in a return to the House of Commons from the Receiver General’s office, of £324 and £540 paid to Archdeacon Strachan, 424—an additional salary was made to Sir J. Colborne, the Lieutenant Governor, of £500, in addition to other £2000 and £1000, by orders of the Lords of the Treasury, 425—the amount of outstanding debts due the government is unknown at the Receiver General’s office, 426—believes that it is the duty of the Inspector General to keep this account, 427—thinks all public revenue should be paid into the hands of some one functionary, 428—all public accounts go to the Inspector General’s office for inspection, 429—the average in the Receiver General’s hands has scarcely exceeded £10,000 for several years past, 430—the bonds of public accountants are lodged with the Receiver General, and when there is a defalcation, they are sent for prosecution to the Attorney General, 431.

Tythes.—The Catholic Clergy in Glengarry exact tythes under the authority of the old French law, Chisholm, 252—take only the 26th bushel of grain in Glengarry and Sandwich, Macdonell 309.

U. E. (United Empire) Loyalists.—Took refuge in Upper Canada after the United States were declared independent, xlvi—the colony now chiefly inhabited by them and their descendants, xlvii—their complaints relative to militia appointments, Wilson 106.

University of King’s College, not yet in operation, xviii—Bill to establish it sent to the Legislative Council but not expected to pass, xviii—£7,777 granted to it in 7 years—endowed with 225,000 acres of land—Government had neglected to transmit the detailed accounts of the expenditure of, p. 185—address for information concerning, p. 186—answer, p. 187—Lord Goderich favorable to a member being sent from, when its charter should have been modified in such a way as would be for the general advantage, p. 223—the King had invited the Legislature to consider in what way it could be best constituted, p. 226—a bill to establish and amend the charter of, passed by the House of Assembly and rejected by the Legislative Council, 1835, p. 275—Mr. Mackenzie remonstrates against the charter granted to, and reminds Lord Goderich that the House of Assembly and a Committee of the House of Commons had also done so, p. 284.

☞ A Bill which passed the Assembly, 1835, and was rejected by the Legislative Council, to establish King’s College and amend its charter (with the votes and a copy of the original charter) is placed next after the two reports, at the end.

Unitarians’ Relief Bill.—A Bill to enable the Unitarians to hold land sufficient for a chapel, &c. passed in 1829 by the House of Assembly, and rejected by the Legislative Council, p. 264.

United States.—The more wealthy class of emigrants pass on to, xxxi, McMicking 463—their army would have been recompensed, had the invasion of Canada succeeded, by the Crown and Clergy Reserves, McMicking 437—very many large capitalists, emigrants, settle in the United States, Durand 464—interest gave way to patriotism when they were oppressed, Mackenzie, p. 210—they exclude the Canadians from their markets by high duties levied on produce, p. 215—a bill passed the House of Assembly to authorize the levying of duties on wheat, flour, and other articles of produce imported from the U. S., and was rejected by the Legislative Council, 1835, p. 275.

Upper Canada College—Upheld at great expense with little advantage to the public; might be dispensed with, xviii—rates of tuition and number of scholars, p. 345—number of scholars from the country, p. 346—course of Education and Books used at, p. 347 to p. 355.

Van Egmond, Colonel A. G. W. G. (Analysis of his Evidence.)—The Canada Company paid the equivalent of one shilling sterling per acre for the Huron Tract, 201—are selling the lands there from 12s. 6d. to 13s. 9d. per acre, 203—the tract contains 1,200,000 acres, 203—witness is the oldest settler in it, 204—proper means have not been taken to settle the tract, 205—the agents are very tyrannical, 206—settlers are scared out of the tract without form of law, 209—the Company’s profits in 1833, were £28,000, sterling, after paying all expenses, 212—the settlers are much dissatisfied, 213—there is one school, a bank, no religion established, no ministers, no militia, 214—population said to be 2000, 219.

Vankoughnet, Philip.—Appointed a Custom-House Officer in October, 1832, Rowan 8—his return of grants of public land made to him up to July, 1832, p. 257.

Viger, Hon. Dennis B.,—Assists Mr. Mackenzie in his efforts when in England to obtain a redress of grievances, xxiv.

Walsh, Francis L., M.P.P.—His opinion with regard to fit polling places for the County of Norfolk, p. 63—offices held and duties to be fulfilled by, p. 337.

Warburton, Henry, M.P.—Assists the Agent for the petitioners to the King, from U. C. praying for a redress of grievances, xxiv—favourable to the establishment of elective institutions in the Canadas, xxxix.

War Losses.—The colonists ought not to pay for the losses sustained in the late war, Wilson 91—the government ought to have paid the claimants from the public lands, Lefferty 141—ought to have been paid with public lands, General Brown told witness that the Crown and Clergy Reserves would have compensated the Americans for the expense incurred in the invasion of Canada, McMicking 437—Balances on War Losses Fund, on hand; to pay to sufferers; and unclaimed and returned into the Military Chest, p. 113—Lord Goderich will pay attention to Mr. Mackenzie’s representations on the question of the War Losses claims, p. 194—Lord Goderich reminded that the Legislative Council had checked the payment of the War Losses, p. 285.

Warrant, Form of a.—In use by the Lieutenant Governors, in drawing monies from the Treasury, over which the Assembly have not yet exercised a controlling power, p. 182—receipt of warrant, p. 183.

Waste Lands.—Lands granted in Upper Canada, 1833, p. 107—ditto, 1834, p. 108—ditto, 1830, p. 108 and 109.

Wells, Hon. Joseph.—Salaries, p. 115—his offices, emoluments, and land grants, p. 248—keeps the accounts of the Upper Canada College, Harris, p. 345.

Wells, William B., M.P.P.—His opinion concerning the most suitable places for holding elections in Grenville, p. 64.

Wilkinson, John A., M.P.P.—Considers Sandwich the best polling place for Essex, p. 63.

Western District.—List of the Justices of the Peace, p. 303—list of the Commissioners of the Courts of Requests, p. 331.

Willis, Mr. Justice.—His mode of interpreting the disputed act, and subsequent conduct afforded the government a fair excuse for his removal, Stanley, p. 98—Petition of the County of York on his behalf, p. 99—soon dismissed from office by Sir P. Maitland, who acted on the espionage system, Mackenzie, p. 206—the House of Assembly addressed the King, praying that he might be restored, ib., p. 207—their address was answered—the way in which it was answered by the British Ministry, p. 207.

Willson, John, payment to, for Canadian Methodists, £666 13s 4d., p. 134....payment for do., £388 17s 9d., p. 140....votes to return Lord Goderich’s despatch, xliv....his return of his office and land grants, p. 256.

Wilson, James, M.P.P. (Analysis of his Evidence.)—Recommends Demorestville and Hallowell as polling places for Prince Edward, 86....illegal application of proceeds of wild land taxes by Newcastle justices, 87....thinks that a system of favoritism prevails in the selection of justices of the peace, 88....the industry of the country taxed while the Canada Company’s reserves escape taxation, 89....thinks that the colonists, who did not provoke the war with the United States, ought not to have been made to pay for losses sustained in that war out of their hard labours, 91....is opposed to paying clergymen out of the public funds, 96....wishes an agent to be appointed to England, 98....most of the inhabitants of Prince Edward greatly desire the abolition of the law of primogeniture, 103....the Banking system injurious to the people, 104....thinks that clergymen should not sit in the Legislative and Executive Councils, 105...sons of Loyalists and others complain of the {Index 76} manner in which militia appointments are regulated, 106....in favor of an Elective Council if the present system cannot be amended, 107....the Canada Company have had it in their power to monopolize lands and raise prices, 108....thinks there are a number of improper persons in the Legislative Council, 116....thinks the country would like the vote by ballot, 117....the Common Schools are not sufficient for the wants of the country, 118....the state of the roads is indifferent in Prince Edward, 119.

Woolverton, Dennis, M.P.P., considers Smithsville the most central polling place for the 1st riding of Lincoln, p. 62.

York General Committee.—Certificate of their having appointed Mr. Mackenzie the Agent of the Petitioners in Upper Canada to proceed to London with their memorials praying for the redress of grievances, p. 189.

ERRATA.

The Select Committee on Grievances, to whom were referred the Despatch of Lord Viscount Goderich, His Majesty’s Principal Secretary of State for the Colonies, of date the 8th of November, 1832, with the Message of His Excellency the Lieutenant Governor, and several letters, petitions, and other Documents which had been addressed by William Lyon Mackenzie, Esquire, to the Secretary of State, accompanying the same—the Message of His Excellency the Lieutenant Governor in reply to the address of the House of Assembly for information concerning the dismissal and re-appointment {II} to office of Mr. Solicitor General Hagerman, the appointment of Mr. Jameson as Att’y General in the room of Mr. Boulton, and relative to the expulsion of the said William Lyon Mackenzie from the House of Assembly in a former Parliament—and certain other messages, petitions and documents on various subjects of grievance and public and private wrong—have, in obedience to the orders of the House, made some enquiry on the several subjects referred to them, and agreed to the following Report:

In 1828, a Select Committee of the House of Commons enquired into the causes of those embarrassments and discontents which had for many years prevailed in the Canadas. This Committee conclude their report by stating their anxiety “to record their complete conviction that neither the suggestions they have presumed to make, nor any other improvement in the Laws and Constitutions of the Canadas, will be attended with the desired effect, unless an impartial, conciliatory and constitutional system of government be observed in these loyal and important Colonies.”

Last summer another Committee of the House of Commons entered upon an investigation of the causes of Canadian discontents, but confined their enquiries to the Lower Province, the Right Honorable E. G. Stanley having under great misapprehension assured the House that the utmost harmony prevailed between the Lieutenant Governor and the Council and Assembly of this Colony.

Your Committee respectfully submit the results of their enquiry, together with the evidence. If {III} it shall appear to the House that there is just cause of complaint, and that the government has not exerted its Constitutional powers to remedy the evils from which the people desire relief, the course to be pursued is to address the Throne, stating their grievances and praying redress. If, on the other hand, the House shall be of opinion that the government is administered impartially, with sound discretion and a single eye to the general welfare; that its officers and ministers enjoy the public confidence and worthily discharge their various duties, there can be no doubt but that the Representatives of the people will mark their approbation of their conduct by cheerfully placing in their hands the small Annual Grant, which in name, more than reality, indicates a popular influence in the government.

The almost unlimited extent of the patronage of the Crown, or rather of the Colonial Minister for the time being and his advisers here, together with the abuse of that patronage, are the chief sources of Colonial discontent. Such is the patronage of the Colonial Office that the granting or withholding of supplies is of no political importance unless as an indication of the opinion of the country concerning the character of the government, which is conducted upon a system that admits its officers to take and apply the funds of the Colonists without any legislative vote whatever.

Some years ago the people of the County of York held a meeting and petitioned for the redress of Grievances; their memorial was transmitted by W. W. Baldwin, Esq. the Chairman of the meeting, to the Right Honorable E. G. Stanley, and his advice requested as to the means {IV} of redress, which he most willingly gave. His autograph letter in reply, from which the following is an extract, is appended to Dr. Baldwin’s evidence given before Your Committee.

[Extract.]

“Upon the subject of the Legislative Council, (which I do not hesitate to say, without any disrespect to or reflection upon the individuals who compose it, is at the root of all the evils complained of in both Provinces.) Upon the exclusion of the Judges, with the single exception of the Chief Justice, from all interference in political business—and upon the necessity of introducing some alteration into the present Jury system—the three most important points of your petition, you will find that the opinion of the Committee entirely concurs with yours, and that opinion I am disposed to support to the utmost of my power.”

Mr. Stanley adds that the Constitutional remedy is “open to the people of addressing for the removal of the advisers of the Crown, and refusing supplies.”

The patronage of the Crown, as now exercised in this Province, includes the payments of gifts, salaries, pensions, and retired allowances to the Clergy of the Methodist, Presbyterian, Protestant Episcopal & Roman Catholic orders, and to nearly the whole of the civil officers of the government, including Sheriffs, Collectors of Excise and Customs Revenue, Coroners, Justices of the Peace, Commissioners of the Court of Requests, the heads of the several departments and, all in subordinate stations under them; to {V} Judges of the District and Surrogate Courts, Registrars of Conveyances, Wills, &c., Commissioners of Customs, Clerks of the Peace, &c. &c. These officers hold their several situations only during the pleasure of the Crown. The Royal patronage also embraces the judicial establishment, many pensions, the nomination of one branch of the Legislature, by the name of the Legislative Council, and the appointment of its speaker and other officers,—the selection of the officers of the House of Assembly—the control of the Indian Department, of King’s College, and of Upper Canada College, the appointment of the twelve District Boards of Education, and the direction of the expenditure of public monies in aid of Emigration—the selection of the Executive Council—the uncontrolled management of millions of Acres of public Lands—the appointment of 1500 commissioned Militia Officers—the sole control of the Military and Naval Forces—and (subject to the votes of the House of Commons in this case) the regulation of the whole Military and Naval expenditure.

The Crown also controls the expenditure of a large annual amount of local taxation by its power of appointing the District Magistracy during its pleasure—the justices thus appointed select the District Treasurers and a large number of subordinate officers, and exercise varied and extensive civil and criminal jurisdiction. The refusal of the bench of Magistrates of the Eastern District during the present Session, to render to the House an account of the receipt and expenditure of the local taxes and revenues raised from the people, and entrusted to the charge of these functionaries, under the authority of several acts of the Legislature, affords another proof that the {VI} system under which they are appointed requires instant revision; more especially as the complaints of the people of that District against magisterial peculation, as recorded on the journals, are of long standing.

The Crown appoints the members of the Court of King’s Bench, and the Judges of that Court regulate at their discretion the tariff of fees to be paid therein by suitors. These judges are dependent on the Crown for such retiring pensions as it may see fit to award them, if any, and enabled to look forward with hope and expectation to the enjoyment of other offices and situations within its gift, by themselves and their families.

The Canada Company, the several incorporated establishments for Banking, Canalling and other purposes, and the Harbour, Dock & Wharf Companies, in nearly all cases, unite their patronage with that of the local government, and steadily strive to increase the influence of the Crown.

The Post Office Department, with about a hundred Deputy Post Masters, is under the sole control of the Crown—contracts are made, and all appointments held during its pleasure; the surplus revenue is transmitted to England. No detailed accounts of receipts and expenditure, have ever been laid before the Colonial Legislature. The rates of letter postage between the different places in the Colony, between this Colony the others—and between Upper Canada and England, are very extravagant. The correspondence with Europe is chiefly carried on via: New York, which is at once the cheapest and most expeditious route.

Representations were made to the British Government that the Post Office system required revision, and a law was passed in consequence to authorise the several Colonies to establish Post Offices. The form of a law, such as the government would approve, is before the House, but its provisions are so inapplicable and absurd that no benefit would be derived from their enactment. A change for the better must be that which will give the Colonists the entire control of this Department in Upper Canada.

By the tables of salaries, fees, emoluments, &c., it will be seen that the patronage of the Crown, arising from civil and judicial offices and places within its gift in the Colony extends at least to £50,000 a year (exclusive of the Clergy Grants) the whole being raised from the people themselves and not one farthing derived from England.

Up to 1827 an annual sum of £10,800 Sterling, or thereabouts, was voted by the Imperial Parliament towards the payment of the civil list of this Colony, and it was not till April 1834, that the £4472 allowed yearly to Clergymen of the Church of England from the funds of Great Britain was withdrawn. Now, however, the whole expense is thrown upon the Colony, the inhabitants of which can exercise but little influence over a government which disposes of their property at its discretion.

Of these annual salaries, fees and emoluments, 117 persons receive, each under £100:—40 persons receive each from £100 to £200; 29 persons receive, each from £200 to £300; 23 persons {VIII} receive, each from £300 to £500; 10 persons receive, each from £500 to £750; 6 persons receive, each from £750 to £1000; 10 persons receive, each from £1000 to £1500; 2 persons receive, each from £1500 to £2000; 1 person receives, £2,066, and 1 person receives £4,953.

On a reference to the table of offices, salaries, &c., it will appear evident that many officers there named could be dispensed with, and that, of the others, the greater part receive incomes which the services they are required to render and the state of the finances of the Colony do not warrant.

Upwards of £38,000 have been paid from the Colonial Revenues within the last eight years to the Lieutenant Governors, the greater part of which it is probable they save and carry to Europe. The incomes of Governors in the northern parts of the States vary from £100 to £1500 a year, and the incumbents are taken from among the resident inhabitants.

The salary of the present Lieutenant Governor Sir John Colborne, with his other public sources of income or emolument is about £5631 a year.^[2] Formerly the amount of this income was less objectionable for it was chiefly derived from Europe and the Lieutenant Governors transmitted thither the surplus on their return.

£808 is the amount of the income of the Private Secretary to the Lieutenant Governor.—It appears to us that this office ought to be done {IX} away with, and the duties performed by the existing public departments which are abundantly sufficient for their discharge.

The Honorable Peter Robinson appears to have received of salary from the Colony within the last 7½ years £12587. His annual income is now £1721.

The Honorable Duncan Cameron has received since January 1827, £8624 12 besides a variety of other payments for fees, &c. There can be no pretext for paying this officer at the rate of £1033 a year, and then paying Mr. Jarvis £200 as a deputy to do the business of his office.

The Honorable John H. Dunn has received £11,534 of public money since 1827. His office is a very responsible one, and to it might be conveniently added the offices of several bursars, treasurers, commissioners and other public accountants in this City, with a proportionate saving to the public.

Mr. Robinson is the “Surveyor General of Woods,” the “Surveyor General” is S. P. Hurd, Esquire, With an income in fees and salary of £742 a year or thereabouts. The history of this gentleman’s appointment may be ascertained from his evidence annexed to this report.

Mr. Hurd was appointed Surveyor General on the 1st of November, 1829, and was ordered to be paid his salary and fees from that date in full for the first six months; then the Colonial office ordered that he should receive half the income of his office until the time when he should think fit to enter upon its duties.

Between 2 and 3 years after he was appointed he came into the Province and began to fulfil the duties of the Surveyor Generalship, and was paid nearly at the rate of £400 a year for the period in which he had neglected the office; while Mr. Chewett, the senior clerk, was also remunerated in full by the Province as the Surveyor General, for acting as his deputy, and has since obtained a pension of £400 a year out of the Province revenue by an order from England, and retired. Mr. Chewitt with his pension has the Registrarship of the Surrogate Court at £104 fees last year.

The multiplication of offices in the land granting Department creates great and unnecessary expense and much confusion.

Archdeacon Strachan’s income cannot be easily ascertained. The application of the House of Assembly to be allowed to look into “the Blue Book” or official statement of the pecuniary affairs of the Colony sent to England, for the years 1824, 1825, 1826, 1827, 1828, 1829, 1830, 1831 and 1832 the Lieutenant Governor declines to comply with; and every effort of the Committee to obtain the particulars of the Archdeacon’s income for a few years back, by questions put to himself has proved unsuccessful.

Since the 1st of January 1826, Dr. Strachan appears to have received of public money, as Archdeacon, senior Executive Councillor, Rector of York, President of the Board of Education, &c. £7977; and for his journey to England in 1827, in cash and lands, other £4851. In all £12,828. Details and explanations are placed in the appendix, but we presume that the sum named falls far short of the gross amount.

It might have been expected that the offices of Clerk of the Executive Council, and first Clerk in that office would have been consolidated into one at about £300 a year, and no fees, on the death of the late Mr. Small. There are very few duties to perform, and these not generally of an important nature, yet Mr. Beikie’s name appears in the Blue Book for 1834, as Clerk of the Council at about £725 a year, together with a first and second Clerk at £250 and £200 a year respectively.

The Honorable John B. Robinson’s services for the last eight years have been repaid with about £18,000, nearly all of which is from the Colonial Revenue. He has obtained £400 a year for services as Speaker of the Legislative Council, over and above his other salary of £1666 per annum as Chief Justice. The situation of presiding member of the Legislative Council and Chief Criminal Judge of Upper Canada never ought to have been united in the same person. The Speaker of the House of Assembly receives only £200, or half the salary claimed by the Speaker of the Council for services far less important, arduous, and fatiguing.

Mr. Grant Powell, in his various capacities, appears to receive £835 a year, or thereabouts. The extra allowance of £200 over and above his salary of £200, as Clerk of the Legislative Council ought not to be continued; and his office of Judge of the Home District Court should not be held along with an office, which requires his services elsewhere at the same time as Clerk.

Mr. Ruttan’s fees, as sheriff of the Newcastle District, amounted to £1040 in 1834, & to £1180 {XII} in 1833; such incomes indicate the expediency of some Legislative action on the fees of Sheriffs.

Mr. Jones’s fees, as Clerk of the District Court for the same District, appear to have equalled £478{?} in 1834; very large sums were realized in some other Districts. In an office like this where neither talent nor legal acquirement is requisite, competent and respectable men would gladly act for incomes of £100 or £150, and justice be rendered at less cost to the unfortunate.

The absurd system under which the Collectors of the Customs are remunerated has already obtained the attention of the House.

Mr. Samuel Ridout receives £500 as Registrar, and £222 as Agent to the Land Granting Department; the latter office is a sinecure and ought to be abolished. Many of the Registrars perform their duties by Deputy, and it is believed that if their fees were reduced nearly one half, enough would still be paid for any services they are called on to render, while the expense to the public in conveying real estate would be greatly curtailed.

The salary and allowances of the Attorney and Solicitor General, at £1200 and £600 a year respectively, are unreasonably high. The Speaker, for three months in the year, is required to give his attendance daily, for many hours a day, and his income is but £200. The official services of the Crown Lawyers do not certainly require more talent, nor are they more difficult or arduous than his.

The Crown Office is a grievance of magnitude. The incumbent is required to fulfil duties {XIII} which any gentleman with an ordinary education could perform, aided by a few clerks at a slender annual salary; rumour had declared his income from fees alone to be within a trifle of £2,000; his own statement in the Blue Book for 1834, gives £1257 of fees that year, and £111 in salary, in all £1368. These fees are regulated by the judges, who have thus the power to remedy the evil.

In the detailed returns Mr. Jonas Jones’ income as Judge of the District Court in three Districts, and other offices is shewn to be £916. In addition to the varied duties of these situations, Mr. Jones is the President of the Board of Commissioners for Improving the Saint Lawrence.

The Adjutant General of Militia receives £449 as salary and allowances, (besides his half pay as an ensign of the regular forces.) He is also allowed an assistant adjutant general to do the work at £200 a year, one of these salaries ought to be abolished.

Within the last eight years there have been paid to eleven individuals, in the form of Pension, out of the Province Revenues, but without the consent of the Legislature, about £30,500—of this vast sum of money nearly £4,000 have been paid to Colonel Talbot;—£4,000 to the late John McGill; £3,856 to Bishop McDonell; £5,998 to the late Sir Wm. Campbell; £3,333 to the late D’Arcy Boulton, Esq.; £5,555 to the late Hon. D. W. Powell; also £1,776 to the Hon. William Allan, to be by him transmitted to Sir D. W. Smith, Bart. Northumberland. {XIV} Had this sum of £30,500 been applied under a frugal Government, to the improvement of the Roads and Bridges, it would have done the country a great deal of good.

The civil pensions of the United States amounted in 1817 to $1,460; in 1821 to $1,500; in 1825 to $2,100, and in 1827 to $2,000.—This is the effect of having the management of their own money.

This consists of four classes—the Methodists—two Conferences, not in connexion with each other. The Church of England—the Presbyterians, two Synods, not in connexion with each other; and the Roman Catholic Church. The Church of England has been upheld by the Crown since the first settlement of the colony. The Churches of Scotland and Rome received but a miserable pittance, until within the last six or seven years. The Seceders from the Scottish Establishment, began to receive a bounty for their spiritual services some three or four years ago; and the Methodist conferences had grants extended to them for the first time in 1832 or 1833. The Independents, Baptists, Congregationalists, Quakers, Lutherans, Tunkards, Menonists, Primitive Methodists and other sects do not receive any part of the public money, and several of the Presbyterian and Methodist Ministers refuse to accept any portion of it.

The House of Assembly, in several successive Parliaments, has expressed its entire disapprobation of the conduct of the Government in thus attempting to uphold particular religious {XV} sects by money grants; and in the 10th and 11th Parliaments, has declared that it recognized no particular denomination as established in Upper Canada with exclusive claims, powers or privileges.

The ministers of these Ecclesiastical establishments derive their official pensions entirely from the public revenue raised within the Province, and receive besides an income from their congregations; England pays no part.

There were paid out of the Provincial chest, without any vote of the Legislature, in 1832, 1833 and 1834, to the four Established Churches £40,441, of which £15,284 were paid in 1834.^[3]

The “Canadian Wesleyan Methodist Conference” received £800 in 1833, and £389 in 1834; these sums were to be applied to the building of Chapels, &c.

The “British Wesleyan Methodist Conference” formerly the Methodist Episcopal Church received £1,000 in 1835, and £611 in 1834, to be applied (as is stated to the Lieutenant Governor by the Rev. Joseph Stinson,) “to the erection or repairing Chapels and Schoolhouses, and in defraying the general expenses of the various Missions in our charge.”

Your Committee were unable to obtain an account of the expenditure of these monies in {XVI} detail. It appears indeed that no such accounts had been transmitted to the Government Office in either of these years.

This appropriation to the Methodists as an Ecclesiastical Establishment, is very singular. In the year 1828 the opinion entertained of them by the Executive, is given by Dr. Strachan, who informed the Colonial Minister in England that the Methodist Ministers acquired their education and formed their principles in the United States; and they felt the suspicion attempted to be thrown on their loyalty so strongly, that they appealed to the House of Assembly, which enquired into and reported on the matter in the year 1828.

Upon another occasion they received a rebuke from His Excellency Sir John Colborne, as will appear from the document in the appendix containing His Excellency’s answer to the Address of the Conference, requesting him to transmit to His Majesty their Address on the subject of the Clergy Reserves. Since, however, a share of the public money has been extended to, and received by them, there seems to have been established a mutual good understanding.

To the Ministers of this denomination, as salary, &c., the government has paid out of the Province chest, within the last three years, the sum of £27,321, of which £9,602 were paid in 1834. For details we refer to the appendix.

Within the last eight years £3,559 have been paid to Archdeacon Stuart of Kingston, for {XVII} his services as Archdeacon and Minister of the Church of England. All this money was paid out of the Province revenues without a grant of the Legislature.

This Christian denomination has received £5,541 within the last two years; part of which was to the Synod in communion with the Scotch Church, and the lesser share to the other Synod.

The detail of this expenditure, so far as it has been obtained, will be found in the appendix.

Within the last two years £4,910 have been paid to the Catholic Bishop; a part for himself; a part for his clergy; a part for repairing and building Catholic Chapels and Churches, and a part for Educational purposes—the payments have all been made from the colonial revenues.

It will be seen, from the evidence annexed to this Report, that some exertions have been made by Your Committee to obtain the accounts and vouchers of the payments made by the Bishop to his clergy and others, and for building churches. The Lieutenant Governor has also directed an inquiry to be made as to the details of this part of the Ecclesiastical expenditure, but, hitherto, without success.

Between the years 1789 and 1833—23,905 acres of public lands were set apart by the Crown as Glebes to clergymen.

Viscount Goderich’s Despatch shews that this grievance, for such it was, has been in part removed. To what extent, however, the documents Nos. 7. and 8. of the Appendix do not very clearly shew.

The former institution is not yet in operation, although much required for the instruction of the youth of the Province in those branches of education not usually taught in Common Schools.

The latter is upheld at great public expense, with high salaries to its principal Masters, but the Province in general derives very little advantage from it. It might be dispensed with.

Viscount Goderich had His Majesty’s commands to express the Royal desire, that the opinion of the people of the colony might be consulted with respect to the constitution of King’s College. A Bill has accordingly been sent to the Legislative Council, sanctioned by a large majority of the House of Assembly, for the establishment of that seminary, but there is not much reason to expect that the Council will coincide in opinion with the representative branch of the Legislature on this important question.

Accounts of an expenditure of £31,728 18s 11d under the Crown Land Commissioner, in aid of the Emigration from Europe, were referred to your Committee, who, being unable to examine {XIX} into all the details, sent for the Vouchers for the late Mr. Mount’s expenditure of about £7,500 of the money in Adelaide, Warwick, and Carradoc. Their statements, No. 56 and No. 57 of the Appendix, will show the opinion they entertain of this mode of expending the provincial revenue.

The present system is altogether inefficient for ensuring the application of the revenue to the purposes for which it is intended to be applied. The House of Assembly, acting by one or more of its committees in a session, cannot examine the accounts and vouchers of the several public accountants, owing to the very complex, obscure and unsatisfactory manner in which they are furnished; and as for the Executive Council, the law recognizes them not as auditors of the revenue, nor do they merit the public confidence as a board of audit.

Of the grant for the roads in 1833, paid about a year ago, nearly £12,000 entrusted to Commissioners remain yet unaccounted for.

The grants to Canals, many thousand pounds in amount, are in general very imperfectly accounted for.

The payments of Casual and Territorial Revenue, fines, forfeitures and seizures, are also very imperfectly accounted for, either to the country, or to the Crown or its ministers.

The remedy would be a Board of Audit, the proceedings of which to be regulated by a well considered statute under a responsible government; such a Board might save the country many thousands each year, but it is difficult to believe that any efficient means of auditing the whole provincial revenue can be provided by {XX} Legislative enactment, while the Legislative Council is constituted as at present.

Many items of information required by the House and its Committees from the Government with respect to the public accounts, the receipt and expenditure of public monies, college and other funds, monies placed in the hands of individuals for the payment of clergymen or the building of churches and chapels, &c. have as yet been withheld, and the receipts and expenditure of the post-office department have been very unnecessarily delayed. In most cases the parties whose duty it was to compile these returns have had ample time to do so. In many other eases the statements required have been furnished to the house. The remedy for neglecting to supply returns in most cases, would be by a statute providing the time and manner of making them, and naming the officers who should render them to the Legislature; but it is well known that such an enactment would fail in the Council, which has an interest in preventing the enforcement of practical accountability to the people.

Little respect is paid, even in subordinate matters, to the wishes of the House of Assembly. In the year 1828, the late Francis Collins was convicted of an alleged libel for imputing to the present Chief Justice Robinson, then Attorney General, native malignancy. This language was induced by the irritation Mr. Collins felt at the wrongful denial, by Mr. Robinson, of his right to traverse to the next assizes. He {XXI} was, however, sentenced to a fine of £50, to be imprisoned in the common jail for twelve months, and to find securities to keep the peace for three years, and to remain in prison till he did so.

The whole proceedings of the first session of the tenth Parliament on that subject are full of interest, and exhibit a faint and imperfect specimen of the spirit with which the government was carried on, and the criminal justice of the country administered. It ended in a simple request from the Assembly, that the residue of the punishment might be remitted, Collins having already been immured in the prison for several months. This reasonable request was flatly refused by Sir John Colborne. It is, however, humiliating to notice, that a similar request was readily granted to a few favored individuals for the release of the Farmersville rioters, who had in the most shameful, premeditated and unprovoked manner, assaulted and beaten the chairman of a public meeting, held simply for the purpose of returning thanks to Lord Goderich for his Despatch.

Under the same disregard of the views of the House of Assembly, measures were adopted by His Excellency for the second Leeds Election, quite at variance with their known wishes. The Returning Officer, in his evidence under oath, before the Grenville Committee, declared Beverley, where the first election was held, to be an unsuitable place. It had already been the scene of disgraceful riots, destructive of the freedom of election, was in the vicinity of those violent partizans of Messrs. Gowan and Attorney General, who were the authors of the former riots, and remote from the district town where any rioters could be confined.

The Returning Officer also stated, that the time of six days, limited by the existing law for the election, was insufficient for polling all the votes in the county; and that without an extension of time the next return might depend on which could get their votes first polled. The Returning Officer was also judged and reported by the Committee, acting as they were under the sanctity of an oath, deficient in firmness, and the defence was declared frivolous and vexatious. Yet the same Returning Officer, and the same place were selected by Sir John Colborne for the new election, which was ordered to take place within so short a time that it was scarcely possible to give the notice required by law in the different townships so as to apprize the freeholders.

Under these circumstances it is not surprizing that renewed riots occurred at the second election, which has by another Grenville Committee been set aside.

The Despatch from Lord Viscount Goderich to Sir John Colborne, dated November 8th, 1832, and specially referred to your Committee, is an answer to the representations of about 24,500 of His Majesty’s subjects of this Province, transmitted to England by Mr. Mackenzie, a member of this Committee and the agent deputed by the Petitioners to urge their claims on the consideration of Government.^[5] There is an error in the Despatch, which states the number of Petitioners by Mr. Mackenzie at 8 or 10,000, {XXIII} below the true number, a subsequent letter to Mr. M. from the Colonial Office, appended to this report, corrects that mistake.

Mr. Mackenzie also went to England as the Agent of about 10,000 Petitioners of the several religious denominations, whose claims Mr. George Ryerson was sent home to advocate in 1830.

The documents referred to your Committee are very voluminous, instead, therefore, of reporting them, some extracts have been made to which the Despatch has reference; these selections and other correspondence with the Colonial Office are appended to this report.

The Despatch itself recommends many very valuable measures that His Majesty had been graciously pleased to suggest to the Government of this Province, and which are eminently calculated, if acted upon, to render the people more happy and contented, viz:—

2. The alteration of the Charter of King’s College, in such a manner as shall agree with the wishes of the people—[acted on this year by the Assembly.]

3. The placing the Town Members of the Assembly on the same footing in respect to wages as the County Members—[acted on this year.]

4. Allowing all the members of religious denominations, who cannot conscientiously take an oath, the privilege of the elective franchise—[acted on.]

5. The interdiction of the disposal of Crown Lands to favourites, and rendering them the subject of competition—[partly acted on.]

6. The repeal of the law which excludes British subjects from voting at elections and being elected, until the expiration of seven years after their return from their residence in a foreign country—[acted on by the Legislature.]

7. The non-interference of all persons holding official situations in the Province at elections.

8. The strong recommendation of His Majesty for a universal diffusion of Education, especially among the poorest and most destitute—[acted on by the House of Assembly this year.]

9. The desire expressed, that the most ample and particular information should be given to the House of Assembly of the avails and diposition of the Casual and Territorial revenue.

10. The disposition expressed by His Majesty that the Ministers of religion should resign their seats in the Councils, and that no undue preferences should be given to the preachers of the Church of England—[to this recommendation, the Address of the Council hereto appended, was the answer.]

13. The passing of a Bill limiting the number of persons holding offices to seats in the House of Assembly.

Mr. Mackenzie, in his efforts made in England for the attainment of a redress of grievances, was generously assisted by Mr. Hume, (who has always taken an active part on behalf of the people of Canada), and by Messrs. Warburton, Ellice, O’Connell, Grote and Roebuck, Mr. Viger, Lord Howick and other Gentlemen of liberal principles.

Among other subjects of complaint embraced in the Petitions referred to your Committee, were the neglect of general Education—the delays, costs and partialities exhibited in the administration of Justice—defective Jury laws—inconvenient polling places at county Elections—an imperfect state of the representation in the House of Assembly—the Primogeniture laws—the Crown and Clergy Reserves, and the large Provincial debt.

Upon these and other matters of Grievance, your Committee have taken the evidence of individuals of various religious and political creeds which they herewith submit to the consideration of the House.

This body forms a part of the patronage of the British Government; they are the nominees of the Minister of the colonies, who can add to their numbers at his discretion. In continually rejecting the many valuable measures earnestly prayed for by the people, they may be fairly presumed to act in obedience to the power from whence their appointments were derived. Your committee examined some of the members of the council holding offices of emolument under the government, and from their answers it will readily be seen whether they are or are not under the influence of the Lieutenant Governors for the time being.

Capital may be brought into any country, but under an arbitrary, imprudent, and irresponsible government it will be impossible to retain a large share of it. Notwithstanding the encouragement given to emigration, as stated in Mr. Robinson’s accounts; it appears by No. 5 of the {XXVI} Appendix, that the population of the colony has not increased much beyond the natural rate in an agricultural settlement of great extent, fertile soil, and spare population. The emigration at Quebec in these four years, as also at New York, has been very extensive. The more wealthy class of emigrants pass through Canada to the United States.

These officers are appointed by the Lieutenant Governor alone, during his pleasure. Their powers severally and collectively are very extensive. By a reference to the returns appended to this report it will be seen that they consist chiefly of persons of a particular bias in politics, and are a means of extending the power and influence of the colonial system.

Several witnesses were examined as to the mode of appointing Justices of the Peace, the character of the Magistracy, &c. Their evidence and returns of the present magistrates of the colony are submitted herewith.

The Governors of colonies, like other men, are individually liable to all the infirmities of human nature, and in their political capacity, when left to act without restraint, they, no doubt, sacrifice occasionally the interests and happiness of the people, to the gratification of their own passions and caprices. One great excellence of the English constitution consists in the limits it imposes on the will of a King, by requiring responsible men to give effect to it. In Upper Canada no such responsibility can exist. The Lieutenant Governor and the British Ministry hold in their hands the whole patronage of the {XXVII} Province; they hold the sole dominion of the country, and leave the representative branch of the Legislature powerless and dependent.

Mr. Elmsley, a member of the Legislative Council, (the son of a late Chief Justice of the Province,) and formerly member of the Executive Council, retired from that body lately, and advertised in the newspapers that he could not retain his seat and act independently at the board. The Archdeacon of York, Mr. Markland, and Mr. P. Robinson, three of the present members of the Executive Council, have given a different testimony before Your Committee. Mr. Stanley, in his letter already adverted to, expresses his opinion of the Executive Council with great candour and frankness, as follows:

“I do, however, think that something might be done with great advantage, to give a really responsible character to the Executive Council, which at present is a perfectly anomalous body, hardly recognized by the Constitution, and effective chiefly as a source of patronage.”

In the Royal Instructions to Governor Sir Thomas Cochrane, dated the 27th of July, 1832, signed by Viscount Goderich, and printed by order of the House of Commons, your committee find the following passage:

“In accordance with the uniform course of precedents, your Commission constitutes a Council which will participate with the Assembly in the enactment of laws. It is not, however, to be denied that this part of the established system of Colonial Legislation has been practically found to be attended with some serious difficulties. The members of Council, deriving their authority from the Royal Commission, have not seldom been regarded with suspicion and distrust by the great body of the people. Their elevation in rank and authority has but too often failed to induce a corresponding degree of public respect. Even the most judicious exercise of their powers has occasionally worn the resemblance of harshness when opposed to the unanimous or the predominant opinions of those to whom the Colonists looked with confidence as their representatives. {XXVIII} The Councils, it must be confessed, have not uniformly exerted themselves to repel, or to abate, this prejudice. The acrimony engendered by such disputes has sometimes given occasion to an eager assertion of extreme rights on the part of the Council, and to a no less determined denial of their necessary and constitutional privileges on the part of the Assembly. The Councils have also been employed as instruments for relieving Governors from the responsibility they ought to have borne for the rejection of measures which have been proposed by the other branch of the Legislature, and have not seldom involved them in dissensions which it would have been more judicious to decline. The effect of the institution therefore, is too often to induce a collision between the different branches of the Legislature, to exempt the Governor from a due sense of responsibility, and to deprive the representative body of some of its most useful members. Yet the compensation which might atone for these evils is not obtained, and the Council does not assume in the colony a position or an influence analagous to that of the House of Peers, because entirely destitute of that hold on public opinion which the property and independence of its members, as well as the antiquity of the institution itself, confers upon the Peerage of this country.”

In Upper Canada, where society doubles its numbers every twelve years, (while in Lower Canada it does so every twenty years) where new towns and counties start every year into existence, acting more on government than acted upon by its directions, obliging it to abandon schemes of improvement begun in one direction because population has by chance suddenly accumulated in another—requiring new laws and tribunals every Legislative Session—coming from several counties and bringing hither their peculiar affections, feelings, and prejudices—in such a country the government ought to follow incessantly the changes that work on public opinion—it should be cheap—because population and capital spreading constantly in the wilderness, there is no great accumulation of capital in a few hands, though there is a rapid one in the country; the people are above want but cannot {XXIX} indulge in luxury and ostentation—their display will therefore ever make highly salaried officers disliked by the community at large.

In Upper Canada the efforts of the Legislature have been directed towards improving the Executive Council. Yet it appears on enquiry that that body affects to have done neither good nor harm ^[6]—some of its individual members may, (as is asserted by Bishop Macdonell ^[7]) have acquired influence near the Lieutenant Governors and misled them, but the body has few if any definite attributes, other than in the Land Granting Department, and there nothing but ministerial acts to perform. It is shewn in evidence, by Colonel Rowan and others, that the Lieutenant Governor may or may not shew the Executive Council his despatches, and may or may not ask their advice, and may or may not follow that advice after having asked it, except there be an instruction from Europe to the contrary. They are occasionally called on to report on special matters for the information of the government at home, which is often seriously and intentionally misled by them.

In the appointment to offices, and concerning the accepting or rejecting Legislative Bills, it does not appear that they have ever been consulted. Their power in the Land Granting Department has been done away in this Province by the appointment of Mr. Peter Robinson, and in Lower Canada by that of Mr. Felton, with whom the respective Governors (alone) are supposed to consult and determine on all applications for land. The Canada Land Company monopoly too, necessarily, renders applications {XXX} for grants to the government less frequent. It appears to Your Committee that the Executive Council is a nondescript with which it is folly further to contend.

There have been three classes of persons examined before Your Committee—the first, of whom the Venerable Dr. Strachan is one, are of opinion that the Government is well enough as it is, and that as to responsibility it is as responsible as other Governments.

The second class desire a responsible Ministry, some heads of departments well paid, to direct the government, to prepare bills and most of the business of the session, and to hold office or lose it according as they may happen to be in the minority or majority in the House of Assembly. This system was never attempted in any of the old colonies, but Your Committee have asked many questions with a view of ascertaining what is the public opinion concerning its practicability here; and it appears that Mr. Mackenzie, in his letters to Lord Goderich, expressed a belief that with some modifications it might be productive of a greater share of good government and public prosperity than is at present enjoyed by the people.

A third class contend for elective institutions,^[8] and affirm that while Governors come from without, and Judges are commissioned from without, favoritism towards their connexions will prevail to an extent that would destroy the influence of any set of “Ministers,” constituted upon the principle desired by the second class; that the influence of Downing Street will continue {XXXI} to prevail as hitherto; and that the favourites of the Secretary of State will, as at present, be placed in important offices to the exclusion of better qualified men.

The facts connected with the cases of Mr. Jameson, Mr. Boulton, and Mr. Hagerman; the dismissal of the Crown Lawyers by one Colonial Minister, and the unexplained re-appointment of one of them to his former office, and of the other to the highest judicial situation in Newfoundland, a short time after, by another; the assertion by Colonel Rowan, to Mr. Boulton,^[9] on the authority of the Lieutenant Governor, that the cause of his and his colleague’s summary dismissal, was the part they had taken in the House of Assembly to promote the repeated expulsions of Mr. Mackenzie, after they were (it was presumed) made acquainted with the opinion of the Home Government on that course of proceeding; and the prompt and ready refusal of His Excellency to inform the House, in answer to its Address, of the reasons which had induced the Colonial Department to pursue the course it did in these matters, (although even Sir Peregrine Maitland has admitted in his despatches to Mr. Stanley on the Falls Outrage, that it had become the usage in the colonies, unreservedly to submit such correspondence to the Colonial Assemblies,)—these circumstances clearly prove that there is no responsibility to public opinion in Upper Canada, and it may be inferred from His Excellency’s reply that he has instructions from England to withhold from the Legislature the official correspondence of the Colonial Department concerning their affairs.

The cause of the removal of the Crown Officers can only be learnt by Your Committee {XXXII} from the Despatch of Lord Goderich,^[10] who expressly says it was done because they opposed the avowed policy of His Majesty’s Government; the truth of which charge is abundantly notorious; nor does His Lordship seem at all to notice the personal indignity they had offered to himself even as a Minister of the crown. It is difficult to imagine on what ground His Excellency Sir John Colborne qualified the language of the Colonial Minister, and limited it to the case of Mr. Mackenzie’s expulsion, unless it was to furnish the excuse which Mr. Boulton is known to have offered, that the views of His Majesty’s Government had never been communicated to him as they had been to Mr. Solicitor General.^[11] But although His Excellency has given this limited view without any known authority, yet we have heard Mr. Solicitor General publicly declare that his removal had not the remotest connexion with Mr. Mackenzie’s expulsions and pretended disqualification by the late Provincial Parliament. The declaration therefore of His Excellency on the one hand, and of Mr. Solicitor General Hagerman on the other, are in direct contradiction; and His Majesty’s government at Home can alone tell where the truth lies. It appears probable they were dismissed for opposing the views of His Majesty’s Government, not only in the expulsions of Mr. Mackenzie but also from their treatment of Lord Goderich and of His Despatch, embracing a variety of matters of general interest and policy, and that they have since been restored upon irreconcilable representations and excuses the nature of which this system of concealment prevents our ascertaining.

The unexplained reappointment to office of the Crown Officers, Messrs. Boulton and Hagerman, men whose conduct and character were always particularly obnoxious to the people, created great dissatisfaction and distrust in the colony.

If reference be had to the British Constitution, as settled during the reign of King William the Third, it will be found that there are securities provided in it against Kingly or rather aristocratic encroachments. On that occasion the system of Government in England was remodeled, and the “Annual Assembly ^[12] of Parliament was rendered necessary in the first place by the strict appropriation of the revenue according to votes of supply. It was secured next by passing the Mutiny bill, under which the Army is held together, and subjected to Military discipline for a short term, seldom or never exceding 12 months. These are the two effectual securities against military power; that no money can be issued to the troops without a previous authorization by the Commons in a committee of supply, and by both Houses in an act of appropriation; and that no officer or soldier can be punished for disobedience, nor any court martial held, without the annual re-enactment of the Mutiny bill; thus it is strictly true that if the King were not to summon Parliament every year his army would cease to have a legal existence, and the refusal of either house to concur in the Mutiny bill would at once wrest the sword out of his grasp. By the bill of rights, it is declared unlawful to keep any forces in {XXXIV} time of peace without consent of Parliament. This consent, by an invariable and wholesome usage, is given only from year to year; and its necessity may be considered perhaps the most powerful of those causes which have transferred so much even of the Executive power into the management of the two Houses of Parliament.”

No such system of checks and balances to protect from Executive usurpation of popular rights can be found in Upper Canada.

The class of persons who are in favor of elective institutions contend, that they were found to work well in the old North American colonies while in a colonial state that the people of Upper Canada are entitled to the enjoyment of institutions equally free with those enjoyed by the old colonists during the time they were colonial, and under British protection—that few politicians are now found contending that these continental colonies, capable of containing a large population, will for a long series of years be required to submit to the inconveniencies resulting from perpetual interference by the Home Government in their internal concerns. That in the House of Assembly many useful bills are proposed and carried for many successive sessions which are continually thrown out in the Legislative Council; of which the return moved for in the House of Commons by Mr. Hume and appended hereto gives particulars up to the year 1832—that it is the wisdom of the aristocracy to try to make the people fearful of themselves, by raising idle cries about loyalty, republicanism, jacobinism, and revolution—that birth, office, or peculiar privileges ought not to give to a few superiority over the many—that the legislative council neglect and despise the wishes {XXXV} of the country on many important matters which a council elected by the freeholders would not—that the people, if united in claiming their privileges to constitute the second branch of the legislature, would obtain it, and that it is weakness and wavering among their representatives which alone can make them timid, as to claiming the enlargement of their liberties—that the prejudices of early education, borrowed from books written by or under the authority of pensioners and salaried lawyers who have with one voice endeavoured to lull the people into the very erroneous belief that the union of church and state and the wisdom of former ages in devising great privileges for the peerage are the causes of the greatness of England, while in truth it is owing to what she has saved of popular institutions—that elective institutions are the only safeguards to prevent the Canadas from forming disadvantageous comparisons between the condition of the colonists and the adjoining country—and that the crown of England, by its ministers, exercised no patronage in Connecticut and Rhode Island; none in the other New England States, save the appointment of a Governor; none in the proprietary governments; and that hence there is no disloyalty in freely and calmly discussing which of these modes of government that have been granted to British subjects and countries will best suit Canada.

When Sir John Colborne assumed the government of this province, in his reply to the address of the legislative council in answer to his speech at the opening of the session, he expressed to them his opinion of the deficiency of independence in that loyal body. His Excellency’s communications with the Colonial Department convey the same sentiment.

The following is an extract of a despatch from His Excellency Sir John Colborne to Secretary Sir George Murray, dated York, Upper Canada, 16th February, 1829.

“With respect to the constitution of the executive and legislative councils, on which subject you require information, it is evident, that whatever persons may be appointed members of the executive council, there will be a considerable degree of jealousy existing in this limited community of their influence and authority; they must necessarily reside at York, and will seldom be able to accept the charge without holding other offices under the crown. On many accounts it is very desirable that the Chief Justice should retain his seat in the executive council; but there can be no doubt that occasionally he must, as a judge, be led too deeply into the political affairs of the colony.

“Composed as the legislative council is at presept, the province has a right to complain of the great influence of the executive government in it. The legislative council consists of seventeen members, exclusive of the Bishop of Quebec; of those, from accidental causes, not more than fifteen ever attend to their legislative duties. Thus, out of the number generally present, six are of the executive council, and four hold offices under the government; I have therefore intimated my intention of recommending to His Majesty’s government to increase the legislative council.

“It is exceedingly difficult to find persons qualified for it; but if about eight or ten more can be selected from different parts of the province, and the majority be considered independent, there can be no good reason assigned for excluding the executive council.”

In the return to the house of commons from which the above extract was taken, it is noted that “Since the date of the despatch, the Right Reverend Dr. Macdonell, Roman catholic bishop, and John Elmsley, Esquire, two additional members, have been added to the legislative council.” Of these the first named has a pension or allowance during the pleasure of the colonial department, and the last left the executive council, declaring that an independent minded man could not be there.

The dependence of the legislative council is strikingly manifested by the facts stated in the evidence of the Honorable Colonel Clark, and the Honorable William Dickson, members of that body, before a select committee of the house of assembly during a late parliament.^[13] It appears that several legislative councillors had objected to a measure strongly urged by the executive, and its failure was inevitable. To ensure its passing, coercive means were adopted, and those members who were dependent on the government were told either to vote directly contrary to the opinions they had thus publicly expressed, or be dismissed from their offices. After this disgraceful attempt to coerce men to disingenuous and inconsistent conduct, those unacquainted with the threats which had been used were astonished at the sudden, unexpected, and unexplained change in the conduct of several members; and when this surprise was expressed to the late Honorable James Baby, (who was also an executive councillor, and the senior member) he shed tears at his humiliation, and only exclaimed “my children!” “my children!” and the late Honorable Chief Justice Powell replied to a similar enquiry of surprise, “I have received a new light within the last ten minutes.”

It also appears that the last named gentleman was on another occasion obliged to have a protest he had entered on the journals erased, and the erasure can be seen. The protest of Chief Justice Powell was against a school bill, passed the House of Assembly, then uninformed of its bearing, under the ambiguous phraseology of which it was intended to give Dr. Strachan £300 {XXXVIII} a year. The bill passed, and Dr. Strachan for many years received this sinecure salary, till it was done away with on the address of the House of Assembly.

We have already adverted to the circumstance of the Chief Justice being introduced into the Legislative Council, of which he is Speaker; and altho’ the House of Assembly have repeatedly pointed out to His Majesty’s Government, the inexpediency, in a limited community like this, of blending the judicial and political duties together, yet the same injurious system is continued. Its impropriety has been lately manifested by the result of a pecuniary negociation likely seriously to impair the independence of the judiciary and increase the distrust of the people.

The House of Assembly voted £200 a year to the Speaker of the Legislative Council, being the same as is allowed the Speaker of the Assembly, whose duties, as we have already stated, are far more arduous and laborious—but since the acts making the judges independent and providing for them, even undue salaries, a negociation has been carried on which has ended in giving a further £200 a year out of the Casual and Territorial Revenue to the Chief Justice of the King’s Bench.

As long as these pecuniary inducements and bonuses can be held out to those occupying the judiciary we cannot consider it practically in a better or safer condition than it used to be: and Your Committee would suggest the propriety of addressing His Majesty’s Government on the subject of thus exercising undue influence on the judiciary or even countenancing negociations {XXXIX} derogatory from its presumed independence and purity, which ought to be above suspicion. This additional salary ought to be disallowed.

It appears therefore that the Legislative Council, as at present constituted, has utterly failed, and never can be made to answer the ends for which it was created; and the restoration of legislative harmony and good government requires its re-construction on the elective principle.

The opinions of Mr. Fox, Mr. Stanley, Earl Grey, Lord Erskine, Mr. Ellice, Mr. Hume, Sir James Mackintosh, Mr. O’Connell, Mr. Warburton, and many other eminent British Statesmen, have been expressed in favour of elective institutions as the most suitable for the Canadas; and it appears to Your Committee that Mr. Stanley correctly describes the Legislative Council as being “at the root of all the evils complained of in both Provinces.”

The affairs of this country have been ever against the spirit of the constitutional act, subjected in the most injurious manner to the interferences and interdictions of a succession of Colonial ministers in England who have never visited the country, and can never possibly become acquainted with the state of parties, or the conduct of public functionaries, except through official channels in the province which are illy calculated to convey the information necessary to disclose official delinquencies and correct public abuses. A painful experience has proved how impracticable it is for such a succession of strangers beneficially to direct and control the affairs of the people 4000 miles off; and being an impracticable system, felt to be intolerable {XL} by those for whose good it was professedly intended, it ought to be abolished, and the domestic institutions of the province so improved and administered by the local authorities as to render the people happy and contented.

Such appears to have been the constitutional liberty conferred upon us by the 31st Geo. 3rd ch. 31, by which the British legislature enables us to preserve “the peace, welfare, and good government of the province,” reserving to His Majesty, as the head of the empire, the power of disallowing any colonial act incompatible with national treaties, with the rights of any other colonies, or with the commercial or general interests of the empire. Such a system of government, securing to the people inestimable blessings, would rather durably enlarge than impair the commercial relations with the parent state, in exchange for which we receive protection; and could in no wise prejudicially affect any benefits now yielded to her, except the loss, if loss it can be called, of that patronage the partial and impolitic distribution of which has ever proved unsatisfactory and injurious to the colony.

It appears to your Committee that it is more important than legislation, rendered fruitless as it is by the Legislative Council, to adopt such measures as are likely to ensure such an alteration in the system of our public affairs as seems indispensible for the peace, welfare, and good government of this important part of His Majesty’s dominions. The history of all colonies shew that there has been too much inattention in the British government in the selection of Governors, it being considered a matter merely of patronage with the colonial minister, in Downing Street. Men, from the too long possession of {XLI} lucrative power, whatever at first might be their relative stations soon acquire a community of interests, and thus identified in the purpose of sustaining each other in office, they have in this province made common cause against that redress of our grievances, and that conciliation of the public mind, and that economy of the public wealth, which are equally dictated by justice and wisdom.

Although the members of the Executive Council seem from their own account to render no benefit to the country, receiving however a salary from it, yet a very different duty is imposed upon them by the 31st Geo. 3rd, chap. 31, called the constitutional act, from which it appears they are appointed expressly to advise His Excellency upon the affairs of the Province. This they have never done satisfactorily. As far back as the first Session of the 10th Provincial Parliament, the House of Assembly expressed their dissatisfaction to His Excellency Sir John Colborne in the most constitutional mode of doing so, at the opening of the Session of the Legislature; and in the following year the same sentiments were again frankly conveyed to His Excellency in the answer to His Speech from the Throne, by a solemn declaration that the Executive had long and deservedly lost the confidence of the country. In the hope of their just and constitutional wishes being attended to, the people patiently waited for relief, but the relaxation of their vigilance which some remaining confidence in His Excellency unhappily produced has only served to bring disappointment, and to afford a farther opportunity for the accumulation of the abuses which pervade all out institutions.

The growing condition of this part of the Empire, {XLII} in population, wealth and commerce, requires there should be an entire confidence between the Executive and the Commons House of Assembly; and this confidence cannot exist while those who have long and deservedly lost the esteem of the country are continued in the public offices and councils. Under such a state of things, distrust is unavoidable, however much it is to be deplored as incompatible with the satisfactory discharge of the public business.

When, in the year 1831, His Majesty was graciously pleased to suggest a further provision for the civil list, which the Colonial Minister required to be made either for seven years or for the life of His Majesty, the terms of the proposition were not candidly submitted to the Assembly, and notwithstanding the strenuous exertions of those who desired to make no provision at variance with the spirit of our constitution, the executive influence in the Assembly succeeded in carrying a measure for a permanent and extravagant supply, popularly called “the everlasting Salary Bill,” while the liberal and gracious terms proposed by His Majesty on the subject were concealed and known only to those who feeling themselves to be above responsibility consumated a measure which has spread universal dissatisfaction and distrust. If this undue and impolitic concealment was practised from any pretended apprehension that a just provision would not be made for His Majesty’s Government by His Faithful Commons, there is nothing in the history of the country to justify it, and as it encroached upon the constitutional privileges of the Legislature, there is no language of censure too strong against it.

It is not this act alone of which we complain, though it may serve to illustrate our condition, {XLIII} but the whole system has so long continued virtually in the same hands, that it is little better than a family compact. Abuses have grown up so as to be interwoven with every thing; and these abuses are concealed, or palliated, excused and sustained by those who are interested to uphold them as the means of retaining office for their private, and not for the public, good.

Hence it happens that the most gracious intentions emanating from His Majesty’s government at home are frustrated by an interested opposition in the colony; an opposition which seldom reaches the knowledge of His Majesty, or His Majesty’s Ministers in England, although felt most injuriously by the people. It did indeed lately come to His Majesty’s knowledge from the unprecedented conduct of the whole executive and official departments towards His Majesty, when they received, during the late Parliament, the plainest and kindest manifestations of His Majesty’s justice and liberality, conveyed in the most gracious manner through the Despatch of Lord Viscount Goderich, now Earl of Ripon; which illustrious statesman His Majesty had wisely placed at the head of Colonial affairs. This highly important document, connected with Mr. Mackenzie’s negotiations in England, containing His Majesty’s pleasure upon many important subjects, and making many valuable concessions to the wants and wishes of the people, was publicly treated in our Provincial Parliament, by men in office, with an indignity as ungrateful as it was unbecoming, and they even attempted by their votes, happily outnumbered, to suppress the despatch by returning it to His Excellency who was directed by the Earl of Ripon to make it public. On the 24th day of January, 1833, in the House of Assembly, it was moved in amendment {XLIV} to a motion for printing the despatch and documents, (in accordance with the wishes and instructions of the noble Earl,) that it be

“Resolved, that it is expedient to address His Excellency the Lieutenant Governor, thanking him for His Message of Saturday last, and assuring him that this House is duly sensible of His Excellency’s anxiety to communicate whatever information he may consider important to the welfare of the Province, and informing His Excellency, that this House, for the reasons set forth in the foregoing resolutions, is unwilling to place on its Journals the documents sent down by His Excellency; and requesting him to allow this House TO RETURN THE DESPATCH OF LORD GODERICH, and the accompanying documents to His Excellency.”

The House divided on this amendment, and the Yeas and Nays were taken as follows:

From this it appears, that the two Crown officers, and other public officers, were in a minority of five in an attempt to send The Despatch of Lord Goderich back to his Excellency. The same conduct was pursued by them upon all the divisions upon that question, as will be seen by a reference to the Journals of that date.

The Crown Lawyers and other officers had {XLV} directed their objections both against the despatch and the documents which accompanied it; nor was Lord Goderich personally spared. All the members of the present Executive Council joined in an unanimous vote in a similar expression of censure against this communication of His Majesty’s pleasure. Nevertheless they still continue in the service of His Majesty over his Canadian people, who have on various occasions utterly renounced and disclaimed these indecorous and impolitic proceedings. Thus was exhibited in the Provincial Legislature the political phenomenon of men repelling in an insulting manner the gracious concessions of their Sovereign and presumptuously interposing between him and his people as an insurmountable barrier to his royal benefactions.

On another occasion, the same disregard of the views of His Majesty’s Government was openly practised by the repeated expulsions of one of the members for the County of York; and altho’ the latter expulsions were effected against the case of Mr. Wilkes in the British House of Commons, against the well established law of the land, and against the well known judgment of His Majesty’s Government, officially communicated by a Despatch to His Excellency, and by His Excellency communicated to Mr. Solicitor General Hagerman; yet in this open and unconstitutional invasion were found the Law Officers and various persons favoured with His Majesty’s confidence, by holding offices of honor and trust during pleasure. And on a late occasion when the present Parliament voted the above proceedings, by a vote of 28 to 7, to be expunged from the Journals as subversive of the liberties of the whole body of the electors of the Province, Mr. Hagerman was found, with others, in the minority {XLVI} against their obliteration, altho’ the only retribution that could be made to the injured constituency of the country. We, by all means, concede the undoubted right of the members of both branches of the Legislature to vote independently as they please, but we deny the expediency of allowing the justice and executive duties of His Majesty to flow through such unworthy channels, and thereby weaken the confidence of the people in the sincerity of His Majesty’s Government.

His Majesty’s Government, after much consideration, procured the passing of a law in Lower Canada, for the purpose of raising a fund for the relief of destitute emigrants; after which, all the Executive functionaries in this Province were active in getting up addresses at public meetings against the measure as impolitic and unconstitutional. And while His Majesty was anxious to preserve harmony between Upper and Lower Canada, the same public characters agitated questions and measures, (such as the annexation of Montreal to Upper Canada,) which threatened the dismemberment of the sister Province against her consent, and to engender between the two Colonies ruinous animosities.

This is a state of things which, the British nation, it is presumed, cannot desire to perpetuate against us. After the right was conceded to the present United States, at the close of the Revolution, to form a constitution for themselves, the loyalists took refuge in this Province; and, by an act passed in 31st year of Geo. 3. they received the charter of their liberties, conferring upon them a constitution for their peace, welfare, and good government. His Excellency, Governor Simcoe, was entrusted with the duty of putting it into operation, and in the first speech {XLVII} delivered by him from the throne, he made the following memorable declaration:—“I have summoned you together under the authority of an Act of the Parliament of Great Britain, passed last year, which has established the British Constitution, and all the forms which secure and maintain it, in this distant colony.” And upon closing the same session he said “I particularly recommend to you to explain that this Province is singularly blest, not with a mutilated constitution; but with a constitution which has stood the test of experience, and is the very image and transcript of that of Great Britain.”

It is reasonable for the people to desire to see these declarations from the throne, recorded on our Journals, faithfully observed by those in the confidence of His Majesty, and that these institutions may be made such as will secure to them their civil and religious liberties to their just extent. This country is now principally inhabited by loyalists and their descendants, and by an accession of population from the mother country, where is now enjoyed the principles of a free and responsible government; and we feel the practical enjoyment of the same system in this part of the empire to be equally our right; without which it is in vain to assume that we do or can possess in reality or in effect “the very image and transcript of the British Constitution.”

The House of Assembly has, at all times, made satisfactory provision for the civil government, out of the revenues raised from the people by taxation, and while there is cherished an unimpaired and continued disposition to do so, it is a reasonable request that His Majesty’s adviser in the province and those about him should possess {XLVIII} and be entitled to the confidence of the people and their representatives, and that all their reasonable wishes respecting their domestic institutions and affairs should be attended to and complied with.

Your Committee would respectfully recommend that, besides the usual number for the Journals, a large edition of this report, with the evidence and other appended documents, should be printed in a portable form, as early as possible, and distributed among the members of the House, for general circulation throughout the colony.—And, as the affairs of the Canadas will probably occupy a large share of the attention of the Imperial Parliament during its present session, it might perhaps be advisable to transmit to London a certain number of copies for distribution among those members of the Legislature who take an active interest in Canadian affairs.

ORDERS

Of the House relative to the foregoing Report and other Documents to be printed in this form.

“Ordered—That, besides the usual copies for the Journal, two thousand copies of the Report on Grievances this day presented to the House, together with the Evidence, and the Report and Evidence in the case of William Forsyth, with the address and answer, be printed in pamphlet form for the use of Members and that the Clerk be directed to address them to the Members, with the Bills on Trade, &c. formerly ordered to be printed during the recess.”

Truly extracted from the Journals of the Assembly of Upper Canada, of the 10th April, 1835.

Mr. Mackenzie, seconded by Mr. Yager, moves that the Clerk be directed to prepare at the close of the present Session, lists of the titles of all Bills, which having originated in this House during the last or present Sessions of the Legislature, were rejected or declined to be acted upon by the Legislative Council; or which, having been so sent up were altered by the Legislative Council so as to cause their subsequent rejection in this House; or which having originated in, and been passed by the Legislative Council, were afterwards rejected by this House; stating also the titles of any Bills which being passed in the Legislative Council and Assembly, are refused the Royal assent or reserved for the consideration of His Majesty; and that such lists of titles be annexed to and printed with the last Report of the Committee on Grievances, as ordered by the House to be printed in pamphlet form, as also the Leeds Ballot Bill, with the votes at its passage; the Bill to amend King’s College Charter, with the votes; and the General Education Bill from the Select Committee on Education, with the votes.

Mr. Robinson, seconded by Mr. Morris, moves in amendment, that all after the word “moves” in the original motion, be expunged, and the following be inserted:

“That the order for printing two thousand copies of the last {L} Report on Grievances be rescinded, and that the said Report be not entered on the Journals of this House.”

In amendment to the original question, Mr. Morris, seconded by Mr. Roblin, moves that the following be added to the original motion, “and that the private letters from Bishop McDonell to the Rev. W. J. O’Grady, appended to the report of the Grievance Committee, be expunged and not printed by this House, nor entered on the Journals.”

Lieutenant Colonel WILLIAM ROWAN, Secretary to the Lieutenant Governor, called in and examined.

1. Whose business is it to make out this return? [The return of the names and the offices held by members of the Legislative Council and Assembly of Upper Canada shewn to witness.]—It was made out under my superintendence.

2. The first name of a member holding office is that of Mr. Boulton, then Attorney General,—Why are his salary and allowances set down at £300, when it was well known they amounted to four times that sum?—I would rather not answer that question, without seeing the original returns from the different officers. Additional Remark.—I now find that no further provision was made by the Legislature for the Attorney General until the 13th February, 1833.

3. If a member of the House of Assembly, holding office, makes an incorrect return to the Government, does the Government office correct the error?—Certainly, if known to {2} be incorrect. The case of Mr. Boulton was an error and discovered after the returns were printed.

4. Can you inform the Committee why these returns were so long delayed?—I cannot tell why, except that it took a very considerable time to collect the returns from the different officers. They were transmitted on the 28th March, 1833.

5. Have Mr. Boulton and his children never received more than one acre of land in Upper and Lower Canada?—I cannot say, except by referring to his own return.

6. Did not Mr. Burwell hold the office of Deputy Post Master at Port Talbot in 1832-3?—I cannot say. I believe he did.

7. Mr. Richard D. Fraser’s emoluments as collector of customs at Johnstown and Brockville are set down at £152 6s. 6d.—Do you know on what data that return is made out?—On his own return, I believe. No collector can receive more than £100 a year per centage.

8. Was not the office of Custom House Officer conferred on Mr. Vankoughnet, while he yet remained a member of the Assembly, and continued to sit and vote therein?—It was—he was appointed in October, 1832.

9. Lord Goderich refers to the annual returns of the official establishment of the Colony, as a proof of the smallness of the incomes of the public officers and the impossibility that it should interfere with the freedom of elections—can you produce these returns to the committee?—I cannot produce any returns without permission of the Executive Government. I do not think there is any wish to withhold them.

10. Are not the late elections in the city of Toronto, and the efforts made by Mr. Sheriff Jarvis, a high salaried officer, a proof of the justness of the complaint alluded to in Lord Goderich’s despatch “that public officers are enabled, by their superior influence to overpower, by a lavish and corrupt expenditure, those who have no other recommendation than their own personal characters?”—I am not prepared to say.

11. Does the Governor alone, or the Governor in Council, appoint the Collectors of Customs, and Excise Officers of the Colony?—The Lieutenant Governor alone appoints these officers, generally upon the approval of the Inspector General.

12. Did Mr. R. D. Fraser petition or apply for the Office of Collector of Customs, or on what grounds was it given him?—I cannot say; he was appointed long before I came to the province.

13. Was not Mr. Fraser a member of the Assembly {3} for a county when he received the appointment of Collector of the Customs?—I do not know.

14. Is it no part of the instructions of the Government to the collectors of customs that they shall personally attend to the performance of their duties?—I am not aware of what instructions are given; they receive their instructions from the Inspector General.

15. It is stated that Mr. Hagerman performs the duty of Solicitor General in person,—he was absent a year in England, was his salary and income the same as if he had been here, and who performed his duties?—Mr. Hagerman was on leave of absence—it is not usual to suspend or discontinue the salary of a public officer under such circumstances. Mr. Draper performed the duties of the office.

16. Mr. Sheriff Jarvis returns £100 salary as part of his emoluments—is that income still continued?—No, he has received no salary since the House ceased to provide the funds. In the case of Mr. Cameron, the salary is continued by a recent order of the Secretary of State.

17. Mr. William Chisholm is put down in this return as holding the office of Deputy Post Master; has he not lately been appointed Collector of Customs at a place distant from his post office?—He has lately been appointed Collector of Customs at Oakville.

18. Is he not a merchant trading at that place, and importing goods?—I do not know that he is a merchant.

19. Is it fit that a merchant should be his own Collector of Customs?—I am not prepared to give an opinion on that subject.

20. When appointed Collector, was not Mr. Chisholm a known candidate for the office of member of the Provincial Parliament in conjunction with his Post Office?—I cannot say.

21. In what manner are Justices of the Peace appointed?—By his Excellency alone, and not with the advice of the Executive Council. I am not aware whether he takes the advice of the Executive Council upon that subject.

22. Why is it that petitions of the inhabitants for the appointment of Justices of the Peace, are often unanswered and neglected?—I cannot say.

23. What mode is adopted for the selection of Returning Officers for counties and towns?—I cannot say.

24. As Civil Secretary to the Lieutenant Governor, do you take an oath of office?—No.

25. As such have you a Commission, or in what way are you recognized as a public officer, except by the charge transmitted for salary?—I am considered merely as a private confidential {4} Secretary to the Lieutenant Governor, I hold no commission as such, at the same time all communications pass through me. The appointment is notified in the Gazette.

26. Under what authority are your duties regulated?—By the order of the Lieutenant Governor.

27. When was the office of Civil and Private Secretary established?—I do not know.

28. Are all the despatches of the Home Government duly enregistered in your office when received?—They are not registered in any way—they are all kept either in the office or in the Lieutenant Governor’s possession.

29. Were there not other Despatches following those of the 8th November, 1832, recommending certain changes in the Executive Council?—I am not prepared to say, I only see such despatches as His Excellency thinks fit.

30. Is all the correspondence of the Secretary for the Colonies, with the Lieutenant Governor, submitted to the Executive Council or only such parts of it as he may think proper?—Only such parts of it as he may think necessary.

31. How would you act if required to give evidence before the House of Assembly, or to depose in any of the inferior Courts respecting Despatches which you had seen?—From the confidential situation I hold, I should not feel warranted in giving any information relative to Despatches or parts of Despatches passing through my hands.

32. The House of Assembly addressed the Lieutenant Governor for full and detailed accounts of the Casual and Territorial, Canada Company’s Revenue, &c. for the years 1826, 1827, 1828, 1829, and 1830, after Sir P. Maitland sent an account, and were told by His Excellency that if he got permission from the Home Government he would furnish the accounts. Permission of the fullest nature has been long given, yet the accounts are withheld—why is this?—I cannot possibly say why they have not been sent; I do not think there is any wish to refuse such information, when applied for in the usual manner.

33. The House of Commons twice addressed His Majesty for a statement in detail, shewing what payments had been made in 1831 and 1832, to Bishops, Rectors, Missionaries, or other religious teachers in Upper Canada, whether of the Churches of England, Rome, Scotland, or any other denomination. Why are these returns still kept back?—They were transmitted to England on the 19th September, 1833.

34. Have the returns required by the House of Commons respecting the clergy of the different denominations of christians for 1831 and 1832 been sent to England?—(See answer to last question.)

35. We see, in the Canada Company’s returns, a pension entered of £400 Sterling as payable to Mr. Chewett of the Surveyor General’s Office—a pension of £400 to Colonel Talbot—a pension or allowance of £500 to the Bishop of Heliopolis—a pension to Sir D. W. Smith in England of £200—a pension to the family of General Shaw of £100—a salary to an agent here for the service of paying these pensions and other sums. These payments are made from the public revenue of this colony. By whose authority are they so made?—No pension or allowance is paid by warrant without the authority of the Secretary of State for the Colonies.

36. Do you not consider the custom of pensioning the Judges to a large amount by order of the Colonial Office, out of the Upper Canada revenue, & without reference to the Provincial Legislature, destructive of the independence of the Bench in a great measure?—I am not prepared to answer that question.

37. Is not the appointment of Public Officers and Magistrates by an irresponsible Executive Government, destructive in a great degree of the power of the people in the constitution?—I am not prepared to answer that question.

38. How can a Bench of Judges, dependent on the Colonial Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive Departments in this Colony, or between the British Statutes and the Provincial Laws?—I cannot say.

39. What number of clerks and servants are employed in your office, and under what authority are they so employed, and their incomes regulated?—There are three regular clerks and two messengers, appointed by the Lieutenant Governor and provided for by the Legislature, and one extra clerk, on account of the increase of public business in my office.

40. Who made out the return to the Home Government of the Civil Expenditure for the year 1830?—I cannot say.

41. Where are public balances in the different departments deposited, and what may be the average amount deposited, paying no interest?—I have no means of answering that question—probably the public accountants could give the information.

42. Is the government in the habit of authorizing the sale of large blocks of land to individuals?—I am only aware, of one instance in which authority was received from the Colonial Secretary.

43. In what office is the “Blue Book” made up?—For the last two years it has been made up in the Office of the {6} Secretary ad Registrar of the Province, who is responsible for its correctness.

44. What are your emoluments and salary?—Salary £208 6s. 6d.—Fees for 1834 about £600 currency.

45. In the return made by His Excellency to England, Mr. D. McDonald is returned as Treasurer of the Ottawa District—Mr. Burnham a member of the Legislative Council, and Treasurer of the Newcastle District, is reported in His Excellency’s return as having no office. Why is the fact as to Mr. Burnham not stated?—The return prepared for the House of Commons was made out from returns furnished by each member of the Legislative Council and House of Assembly—on reference to these returns it appears that Mr. McDonald stated that he was Treasurer of the Ottawa District. Mr. Burnham did not mention that he was Treasurer ot the Newcastle District. The appointment does not rest with the Executive Government.

46. In the Blue Book for 1830, the salary of the civil or private Secretary is set down at £182 10s. and no other fees and emoluments. In the account sent to the Assembly for the same year, £347 of fees and emoluments are added to the £182 10s. Who compiled that book, or from what sources of information was it compiled—and can the above difference be explained?—The amount of fees of the private Secretary for one year can never be ascertained for some months after the expiration of the year, when the returns are collected from the different issuers of marriage licences throughout the Province; thus the returns sent to the House of Assembly at the commencement of 1831, could only contain an estimate of the amount to be received for 1830. In consequence of the sudden death of the Private Secretary in June 1831, while the Blue Book for 1830 was in preparation under his direction, the amount of his fees for that year could not be ascertained, but the amount for 1829 was inserted in the Book that year.

47. In the Blue Book for 1830, the income of Thomas Kirkpatrick, Collector of Customs at Kingston, is set down at £282, and no more. In the account signed by Mr. Kirkpatrick himself, and sent to Lieutenant Governor Colborne to be laid before the Assembly for that year,^[14] his income is set down at £506, stg.—Whence arises this difference? In the account transmitted by Mr. Kirkpatrick, Collector of Kingston, to the Government office in 1831, he stated the amount of his per centage, fees and portion of seizures for the year 1830, at £562 2s. 4d. the sum stated in the journals of the Assembly is £562 0s. 6d. The mistake can only be accounted for by an error of the Clerk in copying the figures.

48. The Blue Book, 1830, mentions £936 11s. 4d. as salary and fees of the Secretary and Registrar, Mr. Cameron—are not £258 12s. of additional fees omitted?—The amount of the Secretary and Registrar’s contingent account for 1830, viz. £258 12s. was omitted in the Blue Book for that year, probably from its being considered that that sum did not properly come under the head of salary or emoluments. (See the note to the return in the Journals of Assembly, for 1831.)

49. Why is it omitted to be stated in the Blue Book for 1830, that Mr. Wm. Hands, in addition to the offices of District Judge, High Sheriff, Collector of Customs and Inspector of Tavern and Still licenses, held the other offices of Treasurer of the Counties of Kent and Essex, Surrogate Judge, and Post Master of Sandwich?—Mr. Hands has not at any time been Judge of the Western District Court, but of the Surrogate Court, which it is presumed was inserted in the Blue Book for 1830. The offices of Treasurer and Post Master being appointments held under the District Magistrates and Post Master General and not notified to the Executive Government are not required to be returned by the Secretary of State.

50. Why were the Sheriffs of the Niagara, Western, and Bathurst Districts, allowed to charge fees on land sales, higher than those authorised by law? [We refer to Mr. Attorney General Boulton’s Report, Assembly’s Journals, 1831, page 144, printed copy.]—It is not in my power to answer that question.

51. Who compiled the return of the Civil Establishment for 1830, and from what sources was it compiled?—The Blue Book for 1830 was compiled by the Clerks in the Office under the direction of the late Secretary, from returns furnished by the different officers.

52. In the Blue Book, for 1830, Mr. Dunn, the Receiver General, is reported to the Home Government as being in the receipt of £200 and no more. His own return sent to the Assembly through your office for the same year, is upwards of £1000; why this difference?—It appears that in the year 1829, the amount deducted by the Receiver General for his per centage, was inserted in the Blue Book for that year, but in the book for 1830 the column under the head of fees was left blank. This accidental emission may hare arisen, either from a second return not having been, sent in by the Receiver General in 1831, or from a supposition that the Bill introduced into the House of Assembly in January, 1831, for commuting the per centage and increasing the salary of the Receiver General might make an alteration necessary in the form of the return of his income. It may be observed, with {8} respect to this omission, that in the returns of 1829 and 1831, the income of the Receiver General is stated, and that about the period when the Blue Book for 1830 was transmitted a memorial was forwarded to the Lords of the Treasury by the Lieutenant Governor from Mr. Dunn, in which all the circumstances relative to the amount of his income and the loss of the per centage were stated.

53. Does not the inequality of the system of taxation of rateable property, cultivated and uncultivated, afford just grounds of complaint on the part of the people?—I think it affords just grounds for complaint.

54. Are the unsold lands of the Canada Company subject to taxation or road dues?—I cannot say.

55. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads and bridges and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792?—Yes.

56. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt and duties on imports for that purpose?—Yes, that has always been my opinion.

57. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders, and other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Methodist ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—No, I think not.

58. Would not the British Constitutional system, by which the head of the Government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—I think so.

59. Why have you formed this opinion?—Because under the present system the people have no means of checking misgovernment.

60. Was not the refusal of the Legislative Council of this {9} Province to assent to the Assembly’s bills, in several parliaments, for appointing commissioners to meet those appointed by Lower Canada to consider of matters of mutual importance to both provinces, a proof of the necessity of a change either in the composition or constitution of the Upper House?—It appears to me that it was.

61. The undue preferences and exclusive privileges granted to certain religious denominations are much complained of—Would it not tend to strengthen good government if they were altogether abolished?—I feel confident it would.

62. Would not it be desirable that the Clergy and Crown Reserves, and all reservations of land otherwise than for education, were disposed off or public purposes, under the control of the Legislature?—Yes, in my opinion.

63. Would it not be better that the sale and disposal of the public lands and other public property were in all cases regulated by law?—Yes, I believe it is the general wish of the County of Middlesex.

64. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law?—That would be my wish.

65. Another subject of complaint by the people, is the continual stoppage of the bill for the more equal division of intestate estates—is the passage of that measure desired in your County?—Yes, it is.

66. Many complaints are made that the Judges and Clergymen of the Churches of England and Rome hold seats in the Legislative and Executive Councils—are not such seats incompatible with their spiritual and judicial functions?—I think so.

67. In what manner are justices of the peace appointed in your district?—They are appointed in a manner very unsatisfactory to the people; many of them are men in whom we can place no confidence.

68. Do you consider the Canada Company a benefit or on injury to the Province?—Are not the grants or sales of lands to this Company of speculators residing in Europe an improper transfer of the functions of the Government?—I have always thought the Canada Company one of the greatest curses ever entailed upon the Province.

69. A very large sum of money collected by direct taxation is annually entrusted to the Magistrates, they being irresponsible to the people, either directly or indirectly, would it not be more in accordance with the genius and spirit of the constitution if these monies were placed under the control of persons appointed by the qualified electors?—It certainly would.

70. What are your objections to an elective Legislative Council?—I am in favour of an elective Legislative Council, and I believe a majority of my constituents think as I do on that subject.

71. Did not Mr. Burwell hold the office of Deputy Post Master at Port Talbot in 1832-3?—I believe he has held the office ever since 1826.

72. Do you not consider the custom of pensioning the Judges to a large annual amount by orders from the Colonial Office out of the Upper Canada Revenue, and without reference to the Provincial Legislature, destructive of the independence of the Bench in a great measure?—I do.

73. Is not the appointment of public officers and magistrates by an irresponsible Executive Government destructive in a great degree of the power of the people in the constitution?—I think it is.

74. How can a Bench of Judges dependent on the Colonial office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive Departments in this Colony, or between the British Statutes and the Provincial Laws?—It appears to me, that they could not act independently under such circumstances.

75. Ought not those persons who advise His Majesty in his appointment of fit persons to fill the Judicial Bench to be responsible to the country?—I think they should.

76. Are you of opinion that the Chief Justice or any of the Judges ought to sit in the Legislative Council?—May not the Judge be called on in his Legislative capacity to pass opinions and enact measures of severity against the individual whom afterwards he may be called upon to try, as a judge, in the Courts?—I think none of the Judges ought to have a seat in the Legislative Council.

77. Would not an active agent representing the wishes of the people of Upper Canada in London, be likely to be of great importance to the Commercial and Agricultural interests of the Colony?—I think he would, if we could get one.

78. Is there a hope that the Legislative Council and Assembly, as now constituted, would unite in the choice of such a person?—No—I do not think they would, as now constituted.

79. Are you of opinion that the misapplication of the public Revenue is one grand cause why hundreds of thousands of acres of wild lands had to be sold, of late years, by Sheriff’s sale, for arrears of taxes?—It is my opinion that it is.

80. Does not a vast annual additional expense fall on the Province owing to the continual rejection of Bills of a general character sent up by the House of Assembly rejected in the Legislative Council, and again introduced, debated and sent up by the House of Assembly?—It does.

81. Do you think that if the magistrates of each district had been responsible to the people, instead of the executive, that the monies collected from the sale of absentees’ lands, would have been more advantageously expended?—I certainly think they would.

82. Do you think the local knowledge possessed by the Lieutenant Governors of this colony generally, sufficient to enable them to nominate independent men otherwise well qualified to the office of legislative councillors?—I think not.

83. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty. What is your opinion of this mode of voting?—I think it would be more congenial to the minds of my constituents.

84. Has any inconvenience resulted in your district from the selection of voting places at elections, and what places would you recommend for your county?—There is great inconvenience felt in the present mode of holding elections—I would recommend St. Thomas’ and London as the best polling places—I think it would require four days polling at each, the county is so very large.

85. Do you think the Lieutenant Governors, of themselves, possess a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as Justices of the Peace?—I think not, judging from past experience.

86. Has any inconvenience resulted in your District from the selection of voting places at elections, and what places would you recommend for your County?—I think it would accommodate the people of the District of Prince Edward if the Elections in future were to be held at Hallowell and Demorestville, three days at each place.

87. Have the monies arising from the sale of wild lands for assessed taxes, or from payments on such assessments on these lands, been prudently expended by the Magistrates in your District?—I cannot speak particularly as to my own District, but in the Newcastle District the proceeds from {12} wild lands sales have been illegally applied towards the erection at Amherst of a Court House and Gaol.

88. Do you think that the Lieutenant Governors of themselves, possess a sufficient knowledge of the inhabitants of the several Districts to enable them to select judicious persons as Justices of the Peace?—No, I do not. I think a system of favoritism prevails in regard to such appointments. I do not think His Excellency is acquainted with the character of those who are recommended to him. I think unfit men in several cases are appointed and very worthy men neglected.

89. Does not the inequality of the system of taxation of rateable property, cultivated or uncultivated, afford just grounds of complaint on the part of the people?—I think it does; the industry of the country is highly taxed, while the Canada Company Reserves escape taxation.

90. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for Roads, Bridges, and in aid of Inland Navigation, given to the public lands their greatly increased value as compared with 1792?—I have always thought that it was the industry of the people of this country that has given value to the waste lands of the Colony.

91. Ought not the revenue arising from these lands to have been applied to the liquidation of the War Loss claims, instead of increasing the public debt and duties on imports for that purpose?—I think they ought—I do not think the inhabitants of the country, who did not provoke the war with the United States, ought to have paid the war losses out of their hard labours.

92. Are the Lands granted to the U. E. Loyalists as the reward of their services, of which the first Governor of this Province makes honorable mention, free from taxes and road dues?—No.

93. Is not the natural depravity of the human disposition such, that every Government, unless its measures are subject to the controlling ordeal of public opinion, has a tendency to despotism?—I think it has.

94. Would not the British Constitutional system, by which the head of the Government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible form of Government?—I have not the smallest doubt of it.

95. Why have you formed this opinion?—I have long been of opinion that men have been appointed in this Province to {13} give counsel to His Excellency who were not properly acquainted with the wants of the inhabitants of the country.

96. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders and other classes of christians, whose spiritual Teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—I never liked the plan of paying Clergymen money out of the public funds. I think it an erroneous plan altogether and a wanton expenditure of the public money.

97. The undue preferences and exclusive privileges granted to certain religious denominations, are much complained of—would it not tend to strengthen good government if they were altogether abolished?—I think it would—I also think that every good christian would support his own Clergyman.

98. What check would you propose on hasty, partial and injurious legislation in England, affecting the commerce and through it the general interests and prosperity in this Colony?—I think we should have an Agent in England near His Majesty’s Ministers; and that, should measures be brought forward affecting our trade and interests, he would be enabled to remonstrate against whatever would operate to our disadvantage.

99. Do you believe that the Legislative Council, as at present constituted, would agree with the people in the appointment of such a person?—The Legislative Council generally have their eye on one class of persons, while frequently the House of Assembly have theirs on a different class. I frequently see a division in the House of Assembly on such subjects. One party being aristocratical in their views, while the other party are constitutional.

100. Would not it be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for Education, were disposed of for public purposes under the controul of the Legislature?—If that plan had been adopted sooner it would have been of essential service both to England and Canada.

101. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony and the proceeds applied only according to law?—I think it the most proper way. The Legislature ought to husband well the revenues, and be accountable for the same to the people.

102. What check has the House of Assembly on the other branches of the Government as a means of preventing Executive usurpations of popular rights?—The only check they have is in the imposition of taxes.

103. Another subject of complaint by the people is the continual stoppage of the Bill for the more equal division of Intestate Estates; Is the passage of that measure desired in your county?—It is a measure greatly desired by most of the inhabitants.

104. It is a complaint by many, that the business of Banking in this Province is an injurious monopoly; what are your sentiments on this subject?—My opinion is, that it is an injurious system, unsuitable entirely to the wants of the people—it is beneficial to the few, but injurious both to the agricultural and commercial interests of the Colony.

105. Many complaints are made that the judges and clergymen of the Church of England and Rome hold seats in the Legislative and Executive Councils; are not such seats incompatible with their spiritual and judicial functions?—I think they are—and I think the clergy would be better employed attending to their clerical duties.

106. In what manner are appointments in the Militia made in your district?—There has been a good deal of complaint; those who served in the militia during the late war, also sons of U. E. Loyalists, and other old respectable settlers, complain that persons were placed over them who have no claim on account of their services.

107. What are your objections to an Elective Legislative Council?—If the present system cannot be improved, I would have no objection to its being elective—but if an amendment to the present system could be effected I would stand by the present constitution.

108. Do you consider the Canada Company a benefit of an injury to the Province? Are not the grants or sales of land to this company of speculators, residing in Europe, an improper transfer of the functions of the Government?—I have thought the Canada Company would be an advantage to the country by bringing in a number of respectable settlers, but some objections have arisen in my mind respecting the way they obtained their contract for the large tracts of land from the Government. That they have had it in their power to monopolize and raise the price of the lands now in their hands to the injury of such as wish to settle in the country, and I have understood that they have rather infringed on the political rights of the country.

109. A very large sum of money, collected by direct taxation, is annually entrusted to the magistrates, they being irresponsible to the people either directly or indirectly, would it not be more in accordance with the genius and spirit of the constitution if these monies were placed under the control of persons appointed by the qualified electors?—I think that if {15} the people had it in their power to appoint a number of discreet men, with the magistrates, to look at the district accounts, and direct, also with the magistrates, the expenditure of the same, that an improvement would be effected.

110. Do you not consider the custom of pensioning the judges to a large annual amount, by orders from the Colonial Office, out of the Upper Canada revenue, and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—I do consider it to be an injurious and oppressive system.

111. How can a bench of Judges dependent on the Colonial Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive Departments in this Colony, or between the British Statutes and the Provincial Laws?—I think they cannot.

112. Ought not these persons who advise His Majesty in his appointments of fit persons to fill the judicial bench to be responsible to the country?—I think they ought.

113. Are you of opinion that the Chief Justice or any of the Judges ought to sit in the Legislative Council? May not the Judge be called on in his legislative capacity to pass opinions and enact measures of severity against the individual whom afterwards he may he called upon to try, as a judge, in the courts?—I think it improper that the Chief Justice or any of the Judges should sit in the Legislative Council.

114. Are you of opinion that the misappropriation of the public revenue is one grand cause why hundreds of thousands of acres of wild lands had to be sold of late years by Sheriff’s Sale, for arrears of taxes?—I think there is a mismanagement in our policy somewhere—I think that the nature of our standing in the country at present, with regard to a depression or sale of lands, may be attributed to the nature of things at present with respect to various ways in which monies are gathered in the country; for instance, the sums going into the Canada Company—to the College—to the Crown—and to the Clergy Commissioner, have all a tendency to bring on a depression of business and lessen the circulation of money. The nature of our connexion in trade with Lower Canada and the United States, as also the system of Banking, tends to drain the country of its circulating medium. I lost 200 acres of land near this city, which went into the hands of the Hon. Wm. Dickson; and also many persons in the country lost their lands in the same way.

115. Does not a vast annual additional expense fall on the Province, owing to the continual rejection of bills of a general {16} character sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, debated, and sent up by the House of Assembly?—Undoubtedly it does.

115. When were you first a member of the Assembly of this Province?—I was first in the House of Assembly in 1808.

116. Do you think the local knowledge possessed by Lieutenant Governors of this Colony fully sufficient to enable them to nominate independent men otherwise well qualified to the office of Legislative Councillors?—I think not; they are generally recommended by other persons. I think there are in the Legislative Council a number of improper persons, particularly those holding office.

117. The vote by ballot in elections is prayed for in many petitions both to the Assembly and His Majesty—what is your opinion of this mode of voting?—I think it the most independent mode of voting, and that the majority of the country would like it.

118. Are the common schools sufficiently numerous and efficient for the wants of the country?—They are not. It is grievous and injurious to the people, the present system—the district schools have not suited the great majority of the inhabitants. The common schools ought to be more numerous by one half, and ought to be better supported.

119. What is the state of the roads in your district?—It is indifferent, but better than in some sections of the country, owing to the nature of the soil.

120. You are now connected with the press and the proprietor of a paper?—I am.

121. Do you know any law under which newspaper postage can be collected in Upper Canada, as a perquisite to a post master?—None.

122. Are not the letter postage rates, where they exceed one shilling and three pence, currency, on a single letter, (which is the maximum for the greatest possible distance in the United States) injurious to trade and unnecessarily burthensome on this community?—I think so.

123. Would not the British Constitutional system by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the legislature, be more suitable {17} to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—I think no unprejudiced man can have a doubt on that subject. Persons filling office to advantage ought always to possess the confidence of the people—and when they have it not, I think, discontent must prevail.

124. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders, and other classes of christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and clergy, and the Methodist Ministers should, without the sanction of the legislature, have a bounty paid for the performance of their religious duties?—I think it unjust and impolitic. I have been always of the opinion that the ministers of religion should be supported only by the voluntary contributions of their respective congregations—and in my intercourse with the world, in various parts of it, in both hemispheres, I have invariably observed, that where religion or its ministers were connected with the state, its functions were carelessly and improperly discharged, and I have further observed that such a connexion had a direct and infallible tendency to demoralization, it made men, in their political creed, hypocrites, but not converts to any peculiar political system; the truth of this was well understood in Ireland, and hence it was that the catholic population in that country, in conjunction with almost the whole catholic hierarchy, have always opposed such a union, and often repudiated the proffered bounty of His Majesty’s government.

125. The Committee understand that large grants of valuable cleared lands have been made of late, to clergymen of the Church of England for glebes. Is this within your knowledge?—I have heard it, but I have no knowledge of it.

126. Would not it be desirable that the clergy and crown reserves and all reservations of land, otherwise than for education were disposed of for public purposes, under the control of the legislature?—I am of opinion that all those reserves should be made available for the public welfare, and be under the exclusive control of the legislature of the province.

127. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the colony, and the proceeds applied only according to law?—Yes.

128. What check has the House of Assembly on the other branches of the government as a means of preventing executive usurpations of popular rights?—I do not believe it has any effectual check, nor do I believe it can have any such check as long as the revenues of the province are suffered to be managed and dissipated as they have been hitherto; my opinion is {18} that the popular branch of the legislature should have the whole control of those revenues, and until it shall have become possessed of them, it is not the substance, but the mere shadow of a legislative body.

129. Many complaints are made that the Judges, and clergymen of the Churches of England and Rome hold seats in the legislative and executive councils, are not such seats incompatible with their spiritual and judicial functions?—I conceive that they are incomputable with the discharge of their respective functions.

130. You are requested to give your reasons for such a conclusion.—Amongst the many reasons that may be stated by me, I will only mention two, which in my mind are sufficient to sustain me in the answer I have given to the last interrogatory. In the first place it is essential, in my judgment, to the due administration of justice, that the judiciary of a country should be exempt from reproach, and even from suspicion. But I cannot conceive that they can be so exempt when they mix themselves up in the business of the legislature, and suffer themselves to be led by private and family feelings, and often times by the equally culpable motives of political partisanship. This is notoriously the case in this province, so much so, that as far as my observations extend, the judiciary have not that public confidence in the unbiassed discharge of their functions, which is so necessary for officers appointed by His Majesty to administer justice. As to the second part of the interrogatory, I think it must be quite clear to every man that ministers of religion may be more usefully engaged in the discharge of their sacred functions, but independent of this consideration, their previous habits of life, generally speaking, render them unfit for the developement of the intricate science of legislation. I am fortified in this opinion, by the judgment of His Excellency the Lieutenant Governor of this province, who intimated to the Venerable Archdeacon of York, some two or three years ago, that his services could be dispensed with, in both the legislative and executive councils, and I have reason to believe that his judgment was influenced by reasons similar to those I have already stated.

131. Do you consider the Canada Company a benefit or an injury to the province? Are not the grants or sales of land to a company of speculators residing in Europe an improper transfer of the functions of the government?—I think it highly improper and injurious to the best interests of the country, inasmuch as it tends to enrich a few land jobbers at the expense of the people, and inasmuch as it blocks up the country to the industrious, unless they may be willing to pay such sums of money, in purchase, as these land jobbers may think fit to demand.

132. What are your objections to an elective Legislative Council?—Considering the Legislative Council in the abstract, I have no objection to its present constitution, but viewing the materiel of which it is as at present composed, its dependence on the Executive, and its insufficiency for the purposes for which it has been constituted, I should certainly prefer the introduction of the elective principle. For the last seven years I have not been an inattentive observer of this branch of the Legislature, and I have no hesitation in pronouncing it a nuisance that ought speedily to be abated. It appeared to me that almost every popular measure originating in the elective branch of the Legislature met their disapprobation, and that they were hostile to any thing like innovation on the old system of abuses, against which the country has been so long and so justly protesting. From this and many other reasons, that may be enumerated, I am of opinion, that the constitution of the Council should be modified. Nor can I see any modification, that, in the present circumstances of the country, will give it usefulness or effect, save by rendering it elective. Indeed notwithstanding my attachment to what is good in the institutions of the country, I am quite clear that the people are the best judges of the capabilities of the men that are employed in Legislation for their benefit, and that to them alone should be entrusted their appointment. It is impossible, I should think, that a Minister four thousand miles removed from us, can understand the merits and capabilities of our Legislators better than we do ourselves, nor, judging from past appointments, can we be even sure to find in the impartial representations of the Executive, to His Majesty’s Government, a sufficient security against the appointment of unfit persons to that exalted office.

133. Can you give this Committee any information with respect to any bargains made between the Colonial Government and the Canada Company?—I would rather not answer that question.

134. The Committee has a right to the information it requires.—The only knowledge I have touching any transaction or bargain of the Company with the Government is derived from private conversation I have had with the head of the Executive. I do not know that this conversation was confidential, but certainly it was private, and, therefore, I should deem it an especial favour if this Honorable Committee would hold me excused from giving the required information.

135. Has any inconvenience resulted in your District from the selection of voting places at Elections and what places would you recommend for your County?—I could not answer that question at present.

136. What is the most convenient polling place in the 3rd Riding of Lincoln?—I cannot tell, I am opposed to Riding Elections altogether.

137. Are the Common Schools sufficiently numerous and efficient for the wants of the country?—No they are not.

138. Do you think the Lieutenant Governors of themselves possess a sufficient knowledge of the inhabitants of the several Districts, to enable them to select judicious persons as Justices of the Peace?—No, I am certain they do not.

139. Does not the inequality of the system of taxation of ratable property, cultivated and uncultivated, afford just grounds of complaint on the part of the people?—I think so. A man owning 200 acres of land with perhaps 60 acres improved, will pay 7 days statute labor, while a poor laborer not worth a shilling, will be assessed 3 days.

140. Have not the resident settlers by the improvements they have made, and the House of Assembly by its liberal grants for roads, bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792?—Yes.

141. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt, and duties on imports, for that purpose?—I think they ought. I think the government ought to have given us lands immediately after the war, to have paid off the losses.

142. Are the lands granted to the U. E. Loyalists, as the reward of their services, of which the first Governor of this Province makes honorable mention, free from taxation and road dues?—They are not.

143. Would not the British constitutional system, by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—I think the Executive Council ought to be amenible to the House of Assembly, and that the Governor ought to be obliged to consult them.

144. The undue preferences and exclusive privileges granted to certain religious denominations, are much complained of; would it not tend to strengthen good government if they were altogether abolished?—Yes, I think it would.

145. Would not it be desirable that the Clergy and Crown reserves and all reservations of land, otherwise than for education, were disposed of for public purposes, under the control of the {21} Legislature?—I think all these lands ought to be put under the control of the legislature.

146. Would it not be better that the sale and disposal of the public lands, and other public property, were in all cases regulated by law?—Yes, I think it would.

147. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the colony, and the proceeds applied only according to law?—Yes, I think so.

148. What check has the House of Assembly on the other branches of the government, as a means of preventing executive usurpations of popular rights?—Not any—the House of Assembly is a mere shadow.

149. Another subject of complaint by the people is, the continued stoppage of the bill for the more equal division of Intestate’s Estates—is the passage of that measure desired in your county?—Yes, every where, as far as my knowledge extends.

150. What bank notes are chiefly circulated in the riding in which you live?—Chiefly the Agricultural Bank, they are three to one of the other Banks.

151. Many complaints are made that the Judges and Clergymen of the Church of England and Rome hold seats in the Legislative and Executive Councils, are not such seats incompatible with their spiritual and judicial functions?—I think they are.

152. In what manner are Justices of the Peace appointed in your district?—By the Governor.

153. What are your objections to an elective Legislative Council?—I think we would not be doing right towards the mother county, to have the election of the whole of the Legislative Council—I think two thirds of the Council ought to be elected by the freeholders.

154. Do you not consider the custom of pensioning the Judges to a large annual amount, by orders from the Colonial Office, out of the Upper Canada Revenue, and without reference to the Provincial Legislature, destructive of the independence of the Bench, in a great measure?—I think it a hardship that the Home Government should have the power to send us men 50 or 60 years of age, and pension them soon after, and employ others—I think they ought to be pensioned and provided for by the Legislature alone.

155. Are you of opinion that the misappropriation of the public revenue is one grand cause why hundreds of thousands of acres of wild lands had to be sold of late years by Sheriff’s sale for arrears of taxes?—I do not know that this is the case.

156. Does not a vast annual additional expense fall on the Province, owing to the continual rejection of bills of a general character, sent up by the House of Assembly, rejected in the Legislative Council, and again introduced and debated and sent up by the House of Assembly?—Yes, there is no doubt of it.

157. Do you think the local knowledge possessed by the Lieutenant Governors of this colony fully sufficient to enable them to nominate independent men, otherwise well qualified to fill the office of Legislative Councillors?—No, I do not think they have sufficient knowledge.

158. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty, what is your opinion of this mode of voting?—A man that has not firmness and independence of mind to come forward and vote openly and decidedly, ought not to have a vote at all—but in the present state of things in this country, I think it would be better to vote by ballot, which I think would prevent a great deal of knocking down and picking up, and would save a great deal of time in trying contested elections.

WILLIAM DUNLOP, ESQ., Warden of the Forests to the Canada Company, called in and examined.

160. Was that the nominal value?—It was the amount which the Company had the power of calling. The Company had an additional power of doubling the capital in case two-thirds of the subscribers agreed to it.

161. What sum has been paid on each share?—In 1824 there was £10 paid, between that and 1833 there was £7 more, and since that there was 10s.

162. What is the Exchange value in London?—The Stock Exchange value touched £53, latest information gives 42. This is not in any way connected with the operations of the Company, but is owing to the scarcity of bullion arising from the quantity exported to the United States, and the hoarding of bullion consequent on the unsettled state of Europe.

163. Another subject of complaint by the people is the continual stoppage of the bill for the more equal division of Intestates’ Estates—is the passage of that measure desired in the country?—I do not know whether it is desired or not, but I think it would be a bad measure if it was passed. It has been tried in France, under the Code Napoleon, and in Lower Canada under the Norman Law, and its effect always is, by frittering down farmers, to degrade the farmer into a peasant; and in every part of Scotland where small holders, or, as they are there termed, “Bonnet Lairds,” agriculture is in a most wretched condition, and they themselves in poverty and distress.

164. What are your objections to an elective Legislative Council?—Because I think it would do away with the power of the Crown entirely, and make us a Republic.

165. Do you not consider the custom of pensioning the Judges to a large annual amount by orders from the Colonial Office, out of the Upper Canada revenue, and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—No, I think all public officers when they are past work should be liberally pensioned—and that in the case of the Judges a regulated sum on which they might retire should be provided by law.

166. What mode would you recommend for the better government of the Post Office, and for allowing the control thereof to the colony?—Let the Governor appoint the Postmaster General, & let his accounts be audited as all other public accounts are.

167. What check would you propose on hasty, partial and injurious legislation in England, effecting the commerce, and through it, the general interests of this colony?—I can see of no good way unless by having an agent in England.

168. Do you think in the present state of the Legislative Council and House of Assembly that there is the least likelihood that they would agree upon the person to be the agent?—I cannot tell, it would be worth while trying.

168.* The Committee understand that large grants of valuable cleared lands have been made of late to clergymen of the Church of England for glebes—is this so within your knowledge?—I am not aware of it.

169. Would it not be desirable that the Clergy and Crown Reserves, and all reservations of land, otherwise than for education, were disposed of for public purposes, under the control of the Legislature?—I do not think so, for I think the Legislature have shewn themselves utterly incapable of managing their own matters, as witness the Welland and St. Lawrence Canals. I consider the St. Lawrence Canal not necessary in the present state of the country.

170. Would it not be better that the sale and disposal of the public lands and other public property were in all cases regulated by law?—The land I do hot conceive to be public, but in the possession of the Crown, as much as Hyde Park, Windsor Park, the clergy lands are in a fair way of being alienated.

171. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the colony and the proceeds only applied according to law?—Certainly.

172. What check have the House of Assembly on the other branches of the government as a means of preventing executive usurpation of popular rights?—The same that the House of Commons has—they can withhold supplies.

173. Have many law suits been entered into with the Company’s settlers?—One with Bergin for things he furnished to the Company’s Clerks, and another now pending with Van Egmond respecting the balance of a road account. No settler of the Company has ever been ejected from a lot.

174. Are the Common Schools sufficiently numerous and efficient for the wants of the country?—Certainly not. The system of New England of taxing all for the support of schools and compelling by law parents to send their children to school appears to me the only way to ensure education in the present circumstances of the country.

175. Are not the letter postage rates, where they exceed one shilling and three pence currency on a single letter, (which is the maximum for the greatest possible distance in the United States) injurious to trade and unnecessarily burthensome on the community?—I think so.

176. Have not the resident settlers, by the improvements they have made, and the House of Assembly by its liberal grants for roads and bridges and inland navigation, given to the public lands their greatly increased value, as compared with 1792?—Certainly.

177. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt, and duties on imports for that purpose?—To the best of my belief the Canada Company was formed for the express purpose of paying the War Losses.

178. Is it just to the Baptists, Quakers, Menonists, Tunkers, Independents, Seceders, and other classes of christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and clergy, and that the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—I think it would be well if these payments were extended to all or to none—I was always of opinion that they would be better employed in educating the youth of the province.

179. The undue references and exclusive privileges granted to certain religious denominations are much complained of. Would it not strengthen good government if they were altogether abolished?—I think so—I have always been of that opinion.

180. Would not the British Constitutional system, by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—It would be more suitable to common sense, because it is an anomaly in legislation that a ministry should exist which neither the King nor the people can remove.

181. What are the prices at which the Company is now selling lands in the Huron Tract?—From 8s 9d to 15s.

182. Are the Company’s wild lands subject to taxation, like other wild lands?—Yes, in the Huron Tract they are—the moment land is surveyed in that tract it is ours, we having paid for it; in the Crown Reserves it is otherwise, because, by the second agreement we obtained a pre-emption of the Crown Reserves, so that until we apply for them they belong to the Crown.

183. So that the effect of the bargain is, that these reserves stand in blocks and lots in the midst of the settled lands of the province, without being taxed in any way?—Yes, had the first agreement stood it would have been ruinous to us; we would have had taxes to pay on two millions of acres. The moment a letter of licence passes from the Company to the settler the land is subject to taxation. The taxation to which the Company were subject on unsold lands in the Huron Tract amounted to about £1,800. That part of the Huron Tract, unsurveyed, pays no taxes.

184. What is the average price paid the Company for reserves in the unsettled townships?—The first year it was about 9s and the last about 11s 6d.

185. Do you sell to settlers chiefly for ready money or on credit, and if on credit is it with or without interest?—All on credit with interest. Occasionally a lot is sold for ready money—five years in six instalments is the general time allowed.

186. How has the increase of value on the stock been affected?—From the great increase of emigration, and the money brought into the country by emigrants, much more extensive sales have been made than were during the first three years. Money being more plentiful also has rendered the second payments on instalments more regular, and seeing a business steadily going on has inspired the shareholders with confidence.

188. Where do they chiefly reside?—In London and the neighbourhood; I should think some in Scotland.

189. Will not this monopoly eventually draw several millions sterling out of the province without conferring on the settled population any adequate advantage?—I think that laying out £165,000 sterling will amply compensate the province for any sums that may be drawn from it.

190. What amount has been paid in of stock by the shareholders?—Say from £160,000 to £170,000 sterling, a very small part of which has been expended at home.

191. Could you produce to this Committee any detailed statements shewing the expenditure in this colony?—We have no printed copies in the office here shewing the expenditure—they are annually published in England.

192. Does the Company’s charter confer banking powers?—I think so—but Serjeant Spankie and Sir John Campbell think not; it was decidedly intended that it should.

193. Are you aware of any loans having been made by the Company to the Colonial Government for improvements?—There never has; Serjeant Spankie and Sir John Campbell are of opinion that we have not the power to make such loans.

194. What sum has been allowed in the present agreement between the Government and the Company to be deducted from the purchase money, and expended in improving the lands?—Nearly £48,000 currency, to be expended in the Huron Tract, on Roads and Bridges, Harbours, &c.

195. How much of this allowance has been expended?—£26,000, within a fraction.

196. Have detailed statements of this expenditure with the vouchers been laid before the government here?—All but I think about £3,000 of the last summer’s expenditure, which is now making up.

197. Who judges of the fact of the expenditure?—The governor alone—he appoints persons to inspect the works. The Company are to get no part of those townships unsurveyed prior to March 1834.

198. What price per acre was paid for the Huron Tract?—That I cannot tell, but I think it was about 2s 6d per acre. The bargains of the Company are, I believe, on the journals of the House, or among its papers.

199. What is the number of shares?—Originally one thousand. {26} In 1826 there was a panic in the money market—during the mania that preceded that panic, the shares, though nothing had been done, though the charter had not been obtained, and though little was known in London about the prospects of the Company, rose to £37 premium; when the panic commenced in 1826, the credit of Joint Stock Companies fell, and that of the Canada Company with them; shareholders to the amount of £10,000 or 1,000 shares took advantage of a new arrangement that had been entered into with His Majesty’s Government, by which the Huron Tract was given in lieu of the Clergy Reserves, and withdrew from the association, receiving the full amount of the money they had paid without the last term of interest, so that the number of shares held now is over 9,000.

200. Have the persons who have shares in that Company received dividends on the instalments paid in?—They have nominally received 4 per cent. interest, though in reality it can only be called a paying back of part of the principal, seeing, that during the whole period the Company have been drawing for instalments wherewith to pay the interest.

Colonel A. G. W. G. VAN EGMOND, Ross, Hullet Tp. Huron Tract, called in and examined.

201. What price did the Canada Company pay for the Huron tract?—About two shillings and tenpence half-penny per acre, sixteen years credit, without interest, and £48,000 sterling, allowed off to improve their own land, which I believe would be equal to about one shilling sterling per acre.

203. What is the extent of the tract?—They got one million two hundred thousand acres, from which one hundred thousand were deducted for a swamp.

204. How long have you been settled in the Huron Tract?—Six years this Christmas. I am the oldest settler in that tract.

205. Have the company taken proper means to encourage and promote the settlement of the tract?—For the first year, in Goderich alone; since then they have taken no pains to assist the settlers. Last year, there was a steamboat employed to bring settlers from Detroit to Goderich. Instead of attending to that they went several times on pleasure trips up Lake Huron, once for three weeks or so at a time. By that trip the settlement lost 60 Scotch families. From the best information I can obtain, we lost from 250 to 300 families, who chiefly settled in Michigan, and the other states, because the Company neglected them.

206. Are the Agents to the Company kind to the settlers?—No—they are, with the exception of Mr. Wilson, very arbitrary; they are very tyrannical. I speak of the agents residing on the tract.

207. What magistrates and Court of Request Commissioners have you?—Charles Prior, Jno. Brewster, and Captain Dunlop. They do just what they please. There are nineteen Townships in the Huron Tract, and only these three Magistrates.

208. Have the Company made any road in the tract?—Yes, one from Wilmot to Goderich, and one from Vandersburg to London village. These roads extend upwards of ninety miles and will cost about £17,000, which is allowed them out of the purchase money. The Company have also laid out about £5000 for Grist and Saw Mills.

209. Have any settlers been ejected from their farms?—Yes, they are scared out of the tract and ejected without any form of law or justice. Many persons have been driven out of the Territory, there is no other law there except what the Company’s servants make. We must be very polite to the Agents.

210. Are the Company empowered to impose on settlers such terms as they please?—Yes, they are.

211. Is there any difficulty in getting titles or letters of occupation?—They have sometimes to wait a little, but they get them. Public lands sell in the United States at 6s. 3d. per acre, and are likely to be brought down to 3s. 9d.

212. Do the Company take large sums out of the country?—Their profits in 1833, were £28,000, sterling, after paying all expenses—the Stockholders chiefly reside in England.

213. Do the European working settlers express themselves satisfied?—Dissatisfied in the highest degree, from whatever quarter they come.

214. Are there any Schools?—One in Goderich. The Company do not now support any other school that I know of.

215. Is money plenty?—Perhaps as much so as in any other place. Mr. Tayler keeps a private Bank, and issues notes from one dollar to a pound—they circulate among us.

216. In case Huron should be formed into a county where would be the best polling places?—One at Goderich, and one at the place where the big Thames River crosses the Huron Road, about thirty-three miles from Goderich.

217. Where do the magistrates lay out the monies they receive for wild land taxes?—I do not know.

218. What is the established religion in your Tract?—There are no ministers af religion of any kind in the Tract, nor is there any militia.

220. How do the Company pay for the work they get done?—For the first five years they paid two-thirds of the labor in land, at 7s. 6d. (which cost them not much more than one shilling an acre) and one-third in money.

221. The Committee informed the witness that as the conversation alluded to by him, on his previous examination, was not confidential, nor relating to private and personal affairs, they were desirous to obtain information as to the agreement with the Canada Company.

The only knowledge I have; regarding any transaction or bargain between the Executive of this Province, and the Canada Company, arises from the conversation alluded to in my previous answer, which I had had with His Excellency the Lieutenant Governor some three or four years ago. He stated to me that the Company threatened the resignation of their charter in consequence of the continuation of the sales of the Crown and Clergy Reserves in this Province. He further said that the Commissioners complained, that the Company sustained a serious injury from these sales, and that something should be done to stop their mouths. He then spoke to me regarding the Huron Tract and said that he was thinking of having it conveyed to them. I took the liberty of suggesting to His Excellency that it would be better for the interests of the country to accept the proffered resignation; he immediately replied, what in that case would we do for money? How, for instance, would we pay the different Churches? I understood them to mean by this, the Churches receiving pensions by order of His Majesty’s Government. These Lands, or this Huron Tract, was shortly after conveyed to the Company. This is the substance of the conversation that passed between the Governor and me on that occasion.

222. Are you aware whether the grants by the Colonial Office to the Catholic clergy out of the Revenues of this Province, have been applied to the purposes for which the Government intended them?—I know they have not.

223. Have you any proofs of a misapplication?—The monies passed through my hands, as Vicar General of the Diocese, for several years, and it came within my knowledge that they have been misapplied. Its misapplication was frequently complained of by the Clergy and the laity. It was complained of in the first instance, I believe, some five or six years ago, by the Reverend Angus M‘Donell, the Bishop’s nephew, and the Rev. William Fraser, two officiating Clergymen of this Diocese, in a petition to His Excellency Sir John Colborne, and subsequently in petition from the Rev. William Fraser to His Majesty’s Secretary of State for the Colonies, which was left in the Government office for the purpose of being transmitted. When those Petitions were laid before His Excellency he sent for me to inquire my opinion of the course it would be most prudent for him to pursue in such circumstances. I humbly suggested that copies should be forthwith furnished to Bishop M‘Donell, with a view to obtain from him such detailed information regarding His Majesty’s appropriation as would enable him to come to a just decision {29} on the matter complained of. His Excellency did so, and shortly after the Bishop arrived in this town, and directed me to use my influence with Mr. Secretary Mudge to have the whole affair quashed. He said that he was not prepared to go into such an investigation, and desired me to make overtures to Mr. Fraser, to induce him not to press it. Others of the Clergy, namely, the Rev. Messrs. Cullen, Gordon, Dempsey, and Cassady, made frequent complaints to me in my official character of Vicar General, of the mal-appropriation of this fund on the part of the Bishop. The Rev. Mr. Cullen stated that he was obliged, against his conscience, to give the Bishop receipts for money he never paid him, representing himself to be a schoolmaster, though he never had been such; and further said that his conscience was so tortured on this subject, that he, on one occasion, walked from Glengarry to Montreal, to consult Rev. Mr. Roque, of Montreal, whether he could, under any circumstances, continue to grant the Bishop such receipts in future. A commission was appointed by the parishioners of this city, some three or four years ago, to enquire into this appropriation, together with other matters of Ecclesiastical polity. The Report of the commissioners is in my possession, and it appears there, from the evidence of the clergymen already named, that gross peculation has been committed on this fund. The Commissioners made a representation of this to His Excellency the Lieutenant Governor in January, 1829, but to no purpose. A subsequent representation was made to him, but inquiry was denied, and it was strangely assumed, in contradiction of the most positive testimony, that the Bishop had applied the whole according to His Majesty’s benevolent intentions.—I then found it necessary to put myself in communication with His Majesty’s Local Government, and with the Colonial Secretary, in Downing Street, on this subject; and though I stated that the monies passed through my hands, and that one fourth of the whole was usually reserved for School Masters, and that out of the residue large sums were occasionally paid, (on one occasion £212 10) to the Bishop’s order, which was never accounted for, and that to my certain knowledge the Bishop was in the habit of applying portions of these monies to his own private purposes, and that upon one occasion I paid to him, therefrom, by a check on the bank of Upper Canada, the sum of £40. to pay his expenses to Sandwich, in the Western District; and other sums at various times, yet it was assumed against this proffered evidence, that the Bishop acted with the strictest integrity and propriety. I am in the position to prove, unequivocally, before any tribunal, that His Majesty’s bounty, in this regard, has been most shamefully abused, and the Clergy already named by me, if called upon, can prove it, though, perhaps, not to the same extent. Not only did the Bishop misapply the monies, but he even went so far as to direct me to give 2½ per cent. to the Lieutenant Governor’s private Secretary for the simple performance of the official duty of his office as such Secretary. The correspondence I here offer in evidence.

(The witness here gave in the following papers:—A Letter to Witness from Bishop M‘Donell, and a note from Mr. Mudge.)

Kingston, 8th June, 1829.

Rev. and very dear Sir,

In the same envelop with this I send you a power of Attorney for Mr. Mudge to enable him (to enable him) to draw the salary of the Catholic Clergy-men and schoolmasters of this Province, from Government.

I authorise you to leave 2½ per cent of the money in the hands of Mr. Mudge as a small acknowledgment for the trouble and any expense that may attend the procuring of the warrant and drawing of the money. When drawn he will hand it to you for distribution, and you will be so good as to write to the different individuals to inform them that you have the money, what sum each is to receive, and how they are to draw for it.

I have been told that Mr. Fraser may prosecute me for the forty pounds I paid to you at York, because it would appear that he is in possession of a letter of mine authorising him to draw upon Mr. Baby to that amount, and he has been telling to others although not to myself that he will compel me to pay those forty pounds.

To save myself therefore from farther trouble from my friend on this score you must pay him the share that was put down for him in the distribution of the current half-year £35 in lieu of what was ordered to him in the preceding half-year, and it will be necessary to obtain his acknowledgment to that effect.

Query.

I shall write to Mr. Campion if you approve of it and order him to put himself under your directions for some time till his health be re-established. I think he might be of great service to you in carrying your plans into execution, and in paying occasional visits to the rear Townships attached to the Mission of York.

Mr. Angus has taken his departure for Bytown but Mr. Fraser is still here.

I feel anxious for the appearance of the pastoral letter which I have been expecting by every steam-boat for a week past. Also for the Theological Book, you were so kind to promise to lend to Mr. Chisholm and the Concordance to me. Please to give any parcel or letters you may have for me to the Clerk of the Niagara steam-boat or to the Captain himself and they shall be safely conveyed to me.

I beg you will be so good as to present my kind respects to Colonel Baldwin, to Mrs. and Mr. O’Grady, and my warm regard to the dear little fellows.

I remain with great esteem and sincere regard,
  Rev. and dear Sir,
    Your faithful servant and fellow-labourer in the Lord’s Vineyard,

ALEXANDER MACDONELL, Ep. Regiop.

P. S.—What progress do you make in your Catechistical Society? Have you got out the Patent Deed for the School Ground?

If you do not make your Rev. Brethren pay for their postage and your own trouble, it will be your own fault.

To Rev. Wm. J. O’Grady,

M. Ap. York.

{31}

Wednesday, 17th June.

Dear Sir,

I have the honor to acknowledge the receipt of a letter from Bishop M‘Donell which you were good enough to forward to me, and in which it appears arrangements had been made that I should receive the money paid to the Roman Catholic Clergy in this Province, and transfer it to you; but as it would be incompatible with the duties of my office to become in any way a private agent, I have written to the Bishop by this post to inform him of this, and I have returned the power of Attorney which his Lordship enclosed to me.

I have the honor to be,
  Dear Sir,
    Your obedient and faithful servant,

Z. MUDGE.

The Rev. Wm, J. O’Grady.

224. What allowance was made in 1827 to Wm. P. M’Donald as a Catholic Priest?—There was no uniform allowance to any Clergyman—all depended upon the caprice of the Bishop.

Parish of St. Andrews, County of Stormont,

20th October, 1827.

£78 15 0

Received from the Right Rev. Alexander M‘Donell seventy-eight pounds fifteen shillings currency, being my salary as a Roman Catholic Priest from September, 1826, to June, 1827, in witness whereof I have hereunto set my hand this twentieth day of October eighteen hundred and twenty-seven.

JOHN M’DONALD, Priest.

Glengarry, November 15th, 1828.

Received, of this date, from the Hon. James Baby thirty-six pounds eight shillings and six pence sterling, as my half-yearly share of the Government allowance to Catholic Clergymen and Schoolmasters.

Wm. P. M’DONALD.

St. Raphael, Glengarry Upper Canada, Dec. 22, 1827.

Received from the Right Reverend Alexander M‘Donell, eighty pounds currency, being my salary from September eighteen hundred and twenty-six, to the thirteenth of June, eighteen hundred and twenty seven.

Wm. P. M’DONALD.

St. Raphael, Glengarry, Upper Canada, Dec. 31, 1827.

Received from the Honorable James Baby, the sum of forty pounds sterling, being my half yearly salary as a Catholic Priest, from the thirtieth of June to the thirtieth of December, one thousand eight hundred and twenty seven.

Wm. P. M’DONALD.

225. Referring to your former answer respecting an Established Church, have you any proof that the Bishop exercised a political influence over his Clergy in conjunction with the Governor of this Colony?—He got up a petition against Mr. Mackenzie, attended a public meeting in Mrs. Jordan’s Inn, and harangued the people; and by the most inexcusable misrepresentations, obtained signatures to said petition inducing the signers to believe, from Altars dedicated to the service of Religion, that the document to which he invited them to affix their names was intended solely for the advancement of the Catholic Church. Shortly after, he left here for Penetanguishene, accompanied by the Rev. Messrs. Gordon and Crevier; and Mr. Gordon told me that he stopped on his way, to perform Divine Service in the Catholic Church of the Township of Toronto, and that he did on that solemn occasion, instead of preaching the morality of the Gospel, inveigh in the most violent and unbecoming manner against William Lyon Mackenzie. He went from that to Adjala, where he parted from the Rev. Mr. Gordon, having given him previous instructions to obtain signatures in the best manner he could to a blank paper, which he left him for that purpose. The Rev. Mr. Gordon told me that he was shocked and scandalized at the manner in which this political crusade was conducted. I myself have frequently heard the Bishop preach, before, and after the event here alluded to, and his sermons, invariably, as far as I have been able to judge of them, presented a strange and incoherent medley of politics and Christianity. The following letter from the Bishop affords the best evidence.

St. Raphael, County of Glengarry,

January 23rd, 1831.

Very Rev. and Dear Sir,

We have begun and we must finish with the Rev. Mr. Crevier, Letters from the Messrs. Baby and from Sister St. Patrick, of which I send herewith copies, were brought here by the last post but one. Those letters prove the imperious necessity of removing Mr. Crevier from the parish of L’Assumption without further delay, and although it be with very great reluctance that I could think of giving you the fatigue and trouble of executing so disagreeable a commission, I find I have no alternative but to intrude once more on your good nature, and obliging disposition, by requesting that you would take a second journey to Sandwich and put the finishing hand to the work you have already begun in that parish.

You will receive along with this full and ample powers from me to deal with the Rev. Mr. Crevier as circumstances may require, either to remove him to another mission, and the one that would suit him best is that of Penetanguishene, because the greater part of his hearers there would be Indians; or withdraw his faculties, or if necessary suspend him at once. Should any part of his parishioners be seduced by him to resist your authority, and ferment the spirit of discord and dissension in the congregation, those {33} must be dealt with as rebellious and schismatic; and even if the whole or a majority of them prove refractory, quod Deus avertat, we would rather you to put the parish under interdict and lock the door of the Church than allow the Divine authority invested in us to be thus despised and trampled upon.

The holy days being now past, I trust you will find it practicable to take a second jaunt to Sandwich, as soon as possible after the receipt of this letter, and as you are not accustomed to speak or preach in the French language, I empower you to take Mr. Cullen along with you in order to announce from the pulpit your orders and instructions to the Catholics of Sandwich. After dismissing Mr. Crevier you will leave Mr. Cullen in his place until I get that parish supplied with another Clergyman.

I have no doubt that you will find the Messrs. Baby and the well disposed part of the congregation ready to second your laudable efforts to bring the confused and mismanaged affairs of that parish into order and regularity, and to put the infant establishment of the female school in a train to continue its progress towards completion.

I would wish you to wait upon His Excellency and to submit to him my intentions and orders in reference to Mr. Crevier—for it has been always a principle of mine from which I would not wish to deviate on this occasion, whenever I found it necessary to resort to an extraordinary exercise of my spiritual authority to do so with the approbation and consent of the temporal power. From the uniform kindness and condescension which we have received from His present Excellency Sir John Colborne, I should hope that he would have the goodness of furnishing you with such recommendation as would procure you sufficient support from the Civil authority of the Western District, on the event of your finding any insurmountable difficulties on the part of Mr. Crevier, or his party, in the execution of our orders. I should, however, be extremely sorry to resort to the civil power, except in case of absolute necessity, at the same time I should not be very backward in giving a broad hint to Mr. Crevier that I was in possession of such a power and should not hesitate to make use of it in case of necessity.

I would advise you to take the Hon. Mr. Baby with you, when you wait upon His Excellency on the business above-mentioned as he is better acquainted than you or I with the characters and matters to be overhauled in Sandwich. From what has already come to the knowledge of His Excellency respecting Mr. Crevier’s electioneering transactions, I should trust he would have the less objection that he should be removed from Sandwich, if necessary, and placed in a situation more suitable to his peculiar talents and qualifications, being tolerably well versed in the Indian language, and a thorough-bred voyageur, he would be admirably qualified to match the Yankee Methodists, and rescue the poor Indians of Penetanguishene and Lake Simcoe from the fangs of these reptiles.

I remain, with much esteem and regard,
  Very Rev. and Dear Sir,
    Yours, affectionately,

A. REGIOPOLIS.

226. Have you any other evidence to shew the committee that a baneful influence exists in this Colony injurious to its welfare and prosperity?—I think that the existence of a baneful influence to a great extent cannot be denied by any person acquainted with the circumstances of the Province—It is notorious that all offices of honour and emolument in every department of the Government are monopolized for the most part by some three or four private families and their adherents, to the exclusion of superior talents and integrity, and it is equally notorious that even the meanest office in the patronage of the Executive is only conferred on persons of a particular political bias, and that the country, in consequence thereof sustains serious injury, and that its affections are alienated in a great degree from the local administration. As a corroboration of what I here assert, I give in evidence the following letters from a member of the Legislative Council.

[The witness delivered in evidence the following letters from the Right Reverend the Bishop of the Roman Catholic Church.]

St. Raphael’s Glengarry,

30th Nov. 1830.

Very Rev. and dear Sir,

Your favor of the 29th September from Sandwich, and your interesting and valuable communication of the 20th October from York, are both before me. A very severe cold which confined me to my room for several weeks, prevented me from replying to them till now. I shall take them in the order of their dates: Mr. Fluet’s conduct in deserting his post at Amherstburgh, without the sanction or even the knowledge of his superiors both surprises and disappoints me very much; it is so contrary to the general tenor of his conduct since I have known him.—On reflection, and coupling this transaction with the circumstance of his going through Sandwich without waiting on you, I suspect that he imbibed no favorable impressions from his host and confrere at Niagara, which makes me sincerely regret that he had been left exposed to the seduction of a character whom I now begin to think of a more designing and dangerous description than I was aware of at one time. I shall write to Mr. Fluet to hold himself in readiness to return to Amherstburgh, how soon His Excellency will have the goodness to restore his salary to him, and I request you will use your utmost exertion and influence with His Excellency to have that done as soon as possible. Do not fail to acquaint Mr. Fluet the moment you succeed with His Excellency.

The names I wish to be inserted in the Deed of Trust, for the glebe land in York, are my own name and that of my successor in office, and those of the Parish Priests of York, and of Kingston for the time being, and of the Honorable James Baby, and of Alexander McDonell of York, Esq.

I have been greatly disappointed at not having the honor of receiving His Excellency under my humble roof here as I had been given to expect. It was too late in the season when he arrived in {35} Kingston, and he told Mr. Wm. McD. that he could not venture this length, but that he would write me soon. Thus have I been deprived of the opportunity of talking to His Excellency on the various subjects you were so kind to suggest. I beg, however, you will thank His Excellency for his great condescension in mentioning his reasons for not appointing the persons I recommended to him at Kingston for Commissions of the Peace. His Excellency must have come to a determination of withholding their appointments from those persons in consequence of private information received of their character. There are secret foldings in the magistracy of Kingston, which I could develope if necessary; for the present suffice it to say, that there is a knot or junta of Magistrates in Kingston, as exclusive and hostile to Catholics as any corporation in Ireland, who will never admit a Catholic into their body if they can, more especially an Irish Catholic—and of all the men on earth Mr. Walter McCuniff, for very substantial reasons which I could mention to you viva voce, but would not choose to commit to paper. You may present my humble respects to His Excellency, and say, that being personally acquainted with the major part of the Magistrates of Upper Canada, I do not hesitate to assert that one half of them, not to say more, are not better qualified to discharge the duties of Justices of the Peace than every one of those I recommended in Kingston, and you may add, that it is my full conviction that until a certain proportion of Catholics get into the Commission of the Peace there will never be peace and security in the province.

Mr. Campion called here on his route to his native country; I understand from him that he was to visit Montreal and Quebec. He wrote me previous to his departure from Niagara, that it was his intention to spend some time in England, and perhaps in France, and pressed me hard to send him an order on you for his quota, which I did on the terms we agreed on at Niagara, viz: that he should previously place the money he collected for building a Church at Niagara, in the hands of Mr. Cullen or the Elders, and this was a conditio sine qua non. When here, I told him he might as well leave his quota in lieu of the collection being nearly of equal amount. How he managed I do not know, but if I understand Mr. Micon right, he did not seem to act in Montreal to his satisfaction.

Your proceedings in Sandwich demand my most grateful and sincere thanks. On that subject I have much to communicate to you which will supply ample subject for more letters than one; the task we have undertaken is an arduous one, but we must go through with it; the able manner you began the work gives me great hopes that you will bring it to prosperous issue.

Believe me to be with high esteem and regard,

Most sincerely yours,

† ALEX. MACDONELL, Ep. R.

————

Glengarry, 1st December, 1830.

Very Rev. and dear Sir,

Along with this you will receive a copy of my mandate to the Rev. Mr. Crevier, and to J. Bap’t Baby, Esq. approving {36} of the resolutions entered into at the meeting held in your presence at Sandwich, of the Curate and Church Wardens of that Parish, on the 3d of October last, confirming the appointment of the Committee nominated on that occasion, and ordering them to proceed immediately to the discharge of their duty. If you think proper to forward it to Mr. Crevier to convince him that I entirely approve of what you have done, and that you continue to act under my authority I shall be well pleased.

A copy of it has been forwarded to Mr. Crevier and another to Mr. Bap’t Baby.

A petition signed by a few of the Church Wardens and a number of the Parishioners of Sandwich, praying to overturn what had been done at the meeting of the 3rd October last, before you, and proposing another plan of their own, has been sent me. On the perusal of this petition, the first idea that occurred to me was to return an angry answer to it, but upon reflection I thought it better to treat it with the contempt it deserved, and to send no answer at all; My approval of the former meeting, and my orders to carry the resolution of it into execution being in my own opinion a sufficient answer. Mr. Crevier’s conduct towards the religious women at Sandwich has been every thing but what it ought to be, or might be expected from his clerical character and situation as the pastor of a flock. If you get out a patent deed of the lands granted by the Huron Indians for the use of the Parish of Sandwich, in trust to the Bishop of the Diocese and his successors in office, and to the Parish Priest of York, for the time being, and to Francis and Bap’t Baby, Esqrs., that ground may easily be cleared then of carpenters and blacksmiths shops, and every other nuisance that can prevent the premises from the use for which the donors intended them. It is indeed a matter of no small surprise that the business has been so long neglected, considering that there have been an Executive Councillor and a member of the Provincial Assembly both catholics, and both natives of Sandwich; but a still greater matter of surprise and chagrin is that the lot given by the late Bishop Burke for the use of the York Mission should, for the saving of a few dollars, be sold for the taxes, when our friend the Honorable James Baby, our friend Alexander Macdonel Cullechie, our friend Mr. Bergin, and your friend Peter Macdougall, were on the spot. The speculative genious of the two last is too much upon the alert to allow such a chance as that to pass without their knowledge. Ever since I have come to Upper Canada I have invariably observed, that one Presbyterian or one Methodist would give himself more trouble to promote the interest of his religion than 500 Catholics; I am the more confirmed in the truth of this assertion, by the procrastinations and repeated suspensions of the decision of the Council respecting the grant of the lot at the mouth of the River Trent. Had proper energy been applied at first the matter might have been decided at once, but by delaying it, additional obstacles and difficulties have been daily conjured up. The English clergyman of Bellville has held meetings and conferences with the Church of England clergyman of the Carrying Place, &c. Those charitable and disinterested members of the Established Church, not satisfied with one seventh of the whole lands of the Province, must draw up a petition to their Bishop, now at {37} Head Quarters to prevent the Catholics from obtaining a grant of this solitary lot at the mouth of the River Trent and His Lordship has assured those clergymen that there was not the least chance of our obtaining the Lot.—Hence all the changes and vacilating in the Council, and the important discoveries of its being one day a Church Lot, and another a site for a Town.

Since the death of General Brock till the arrival of his present Excellency I had invariably found an incessant secret influence undermining and counteracting my efforts and exertions to contribute moral and religious instructions to His Majesty’s Catholic subjects of Upper Canada. After receiving the Prince Regent’s thanks for my own conduct in defence of the Province during the late war; the Colonial Minister Earl Bathurst encreased my own salary, and sent orders to the Executive Government of the Province to pay so much annually to a certain number of Catholic Clergymen and Teachers that I was to recommend; but notwithstanding that those individuals had entered upon the discharge of their duty by my directions, and that I produced the positive orders of Earl Bathurst that they should receive their salaries; yet Dr. Strachan and Justice Powell who under the nominal administration of Colonel Smith, Mr. Gore, and Sir Peregrine Maitland actually governed the Province till they quarrelled among themselves resisted the payment of those salaries in defiance of His Lordship’s orders for seven years, and obliged me to take two journeys to Europe at no small trouble and expense.

The liberality and manly vigor of Sir John Colborne’s mind has kept our enemies at bay since the commencement of his prosperous administration, but his great kindness to us is a sufficient cause for stirring the envy and the malice of those who would wish to keep us for ever in the back ground, and I am sure their secret machinations are in active operation in other matters as well as in depriving us of the lands at the mouth of the Trent, and I am very certain that if you are not upon the alert and do not proceed with both vigour and prudence our Penetanguishene Mission will fall to the ground, and the allowance made to the Missionary or Teacher of the Huron Indians at Amherstburgh will be lost. I however still depend much on your active zeal, and the good intention and justice of Sir John.

I have no words to express my indignation at the disgraceful conduct of the two Missionaries of the Western District towards Francis Baby, Esq. the most independent, the most upright, and I verily believe the most honest member that ever sat in the Provincial Assembly of Upper Canada since its first formation, and a Catholic; to oppose such a man, and lend their baneful influence to support a deep designing enemy of their Holy Religion and of every sincere professor of it!!! Such conduct appears to me not only mischievous, malicious, and disgraceful but down-right madness, and would lead a person to believe that they themselves are really infected with the very crime which they impute to Mr. Baby.

It requires however no great sagacity to perceive that Mr. Crevier’s hostility towards that gentleman is because he conceives him a bar in the way of carrying into execution, his selfish views on the revenues of the Parish and the lands of the nuns. None can be more convinced of the injurious consequence of Mr. Crevier’s very improper conduct throughout, nor more determined {38} to let him feel the effects of it than I. Indeed it was my intention for some time past to remove him, and the only thing that prevented me was the difficulty of getting him replaced. The Bishops of Lower Canada are not much disposed to part with any of their clergy that they find useful for themselves, and those they would most readily part with would be the least useful to us. The tythes and casualties of the parish of Sandwich would be no doubt an inducement to a Canadian priest if those were found to be much greater than his own, but were they ten times greater than they are he would think himself perfectly justified, and even authorised to apply the whole of them in entertaining his friends and enriching his family who seldom turn out the more respectable or the better christians for being pampered on the revenues of the church and the patrimony of the poor.

I would be extremely sorry that the conduct of Messrs. Crevier and Fluet should be exposed before His Excellency, the Lieutenant Governor, and still more so before the Provincial Assembly first because the mischief already done could not thereby be remedied; secondly because a recurrence of a similar evil may easily, and effectually be prevented without resorting to such a measure, and thirdly because very many of the members of the Assembly who are inveterate enemies to our holy religion and most anxious to be furnished with all the weapons they could against it would not fail to seize upon such transactions as took place at Sandwich at the last Election, and turn them to our discredit and disgrace, and it would be difficult to calculate on the consequences. You will be pleased to inform me how soon you will obtain the Patent Deed of the Church land in Sandwich and in the mean time I shall do what I can to procure a religious woman to join those already there. I applied to the Congregation Nuns some time ago but they would have nothing to do with that Institution without they got the land and the whole establishment for themselves without any regard to the poor individuals that had commenced it and had already undergone so much sufferings and privations. I shall hope however to be more successful in some other quarter and meet with more disinterested zeal for religion. What a pity we could not prevail on some of the noble hearted and heroic daughters of St. Patrick to cross the Atlantic and communicate a spark of the love of God, and holy zeal for the religion of Christ which filled their own hearts to the hard and selfish mind of some of our Canadians of both Provinces.

I request to know the time that the lot of land granted by the late Bishop Burke to the mission of York was sold for the taxes, and the person who bought it. Whatever documents I have or can procure to prove the legality of our right to that property shall be forwarded to you.

Please to accept of my most sincere thanks for your kind and friendly offer of quarters under your hospitable roof during my projected visit to York this winter. In truth I ought to{?} be ashamed of all the trouble I have given you and your brother’s excellent family all the times I have been at York since you came to it. If I be called thither ex officio, I shall go but not otherwise. For besides the fatigues of so long a journey, the precarious state of the weather, and want of accommodation in this inclement season of the year I find my funds so completely {39} drained and myself so much involved by educating, boarding, and clothing seven or eight ecclesiastics for so many years at my own expense without the smallest assistance from any other quarter except the few pounds that you have been remitting to the two of them that have been teaching here, that I could hardly command today what would defray my travelling expenses to and from York. I have been obliged to discharge the Canadian ecclesiastic that I had employed for five or six years back in teaching theology, and taking upon myself the task of giving lectures to my young people and of attending morning and evening Religious exercises.

If I cannot make them profound Theologians or highly educated Priests, I trust they will turn out by the grace of God pious and zealous Missionaries, with as much knowledge as will enable them to discharge the duties of their calling with credit to themselves and advantage to their flocks.

I sent up by Mr. Mican of Niagara three Missals one for Mr. Gordon one for Mr. Cullen and one for Mr. Brenan and I shall take up a couple of Chalices and a Ciborium with me when I go up myself to be disposed of where they shall be wanted most.

I am thinking to call a meeting of my Clergy and to lay before them many matters that appear to me necessary for the propagation of our holy religion, the uniformity of church discipline, &c. &c. and I would be obliged to you by letting me know your opinion where such a meeting should take place, who should be called to it, and matter that should be discussed at it?

The Post comes but once a week this way and this letter has been by mistake omitted to be sent along with the mandate to the Incumbent and Church-Wardens of Sandwich which I sent to you, but as two copies have been sent to that Priest I shall defer taking harsher measures until I learn what effect that instrument may have.

I beg you will be so good as to offer my kindest regard to your brother and Mrs. O’Grady, and the dear little Brazilians.

And believe me to be, with high esteem and sincere regard, Very Rev. and dear Sir, your very humble and devoted servant in our Lord Jesus Christ,

† ALEXANDER, Regiop.

To the Very Rev. Wm. J. O’Grady, V. G.

————

Glengarry, 26th January, 1831.

Very Rev. and Dear Sir:

Your valuable and much esteemed communication of the 9th current came to hand by the last post. I am charmed and delighted with your successful exertions in promoting the sacred cause in which we are both embarked, and I never cease thanking the Divine Goodness who in the decline of my health and mental faculties has been graciously pleased to send me so zealous and so powerful a co-operator as you have already proved yourself to be, in this infant portion of Our Lord’s vineyard. What you are pleased to call a mild sway others may perhaps call weakness and imbecility, but we have always made it a principle of action never to resort to extremities until the nature of the case rendered coercive measures necessary. There is a point beyond which indulgence {40} and forbearance cannot be carried, without swerving from duty and betraying the sacred trust committed to our charge; the Rev. Mr. Crevier having at length driven us to that point shall find us as firm and determined in the execution of our duty as we had been reluctant to adopt harsh measures while there remained any hope of milder ones sufficing. In my last letter I trust you would find my orders and instructions regarding Mr. Crevier sufficiently ample.

When you get to Sandwich, and shall have arranged the most important part of your business there, you will send for Mr. Fluett and make such arrangements with him as you may find expedient, after having taken all the necessary informations respecting his different missions of Amherstburgh, the River Thames, and Baldown. You are at liberty to fix his residence at either of the two first places where you will judge it most conducive to the good of religion, but I think Amherstburgh ought to be his principal residence.

It gives me heartfelt pleasure to find you so well satisfied with the few clergymen I have been able to send under your jurisdiction and control.

The greatest satisfaction that I can enjoy in this life and I may say the only one is hearing of the good conduct, and well doing of those ecclesiastics I have been struggling to educate and train up for the sacred ministry. Although not profound theologians nor deeply versed in abstruse sciences, I trust they will be guided by the influence of a true apostolic spirit and prove sufficiently capable to afford the necessary moral and religious instructions to those under their spiritual directions to secure their eternal salvation.

The zeal and activity of the Catholics in the townships mentioned in your letter in co-operating with the Missionaries in building churches, and diffusing the sacred principles of our holy religion is no small addition to my consolation and comfort on this occasion; but the credit of their conduct, and of the wonderful progress of the good work, is next to Divine Providence due to you whose judicious plans and wise regulations they only carry into execution. I have three more ecclesiastics now in the third year of their theology, one of these I find necessary to retain about myself, the other two I could spare and would be glad to send you one of them if you wished it, but Mr. Campion has taught us not to make them too soon their own masters, and, therefore, for the future no clergyman shall have charge of a mission until he be one or two years under the surveillance and command of an elder missionary.

I admit the justness of your observation in reference to the Rev. Mr. Fluet, but I trust you will do your utmost to preserve the pension for the teacher of the Indians of Amherstburgh whether it be Mr. Fluet or any other you may settle in that place.

I hereby give you full and ample powers to make the exchange required with our excellent friend Colonel Allan between the land in Wilmot and in Guelph, and I shall be ready to sign any instruments that may be necessary when I get up to York. I feel extremely happy and return you many thanks for obtaining the patent for the lands granted to the nuns and Parish Church of Sandwich. So far from accusing you of inertness, or inactivity that I feel indebted {41} to you and give full credit for all the acquisition that this Diocese has made since you have been at York, which is more than was done for the whole time previous. Your Petition for the Lot at the mouth of the River Trent I very much approve of as an energetic, respectful, and a very spirited one. From the shuffling and unmanly conduct of the Council in this affair, you will now be convinced of the truth of my assertion that a secret influence is constantly at work to arrest the progress of the Catholic Religion in this Province. It affords me much gratification that you have so wonderfully advocated the cause of our friend Mr. MacCuniff. It is true enough, that several of the Magistrates of Kingston are afraid of him and have good reason to be so, because were he to expose the very improper conduct of some of them which he has in his power to do, they should never sit upon a Magisterial Bench in Kingston or elsewhere, and His Excellency needs not dread a deficiency of as worthy and as able characters to fill the Bench of Magistrates in Kingston as those who threaten to resign in the event of McCuniff’s appointment.

The truth is there is an Augean Stable to clean out in Kingston, and perhaps the sooner the work is done the better.

I return you my most grateful thanks for your kind and generous suggestion of applying the proceeds of the lot of land near York to the liquidation of my debts; but although upwards of five thousand pounds behind hand between the new Church of this Parish and other Churches with the expenses of supporting my Ecclesiastics and other outlays for religion I am unwilling to appropriate any of the small property given for the use of the Church as long as I can, in full reliance that his Divine Majesty for whose honor and glory I have involved myself in difficulties will in His Gracious Goodness extricate me out of them. I shall do every thing in my power to obtain as soon as possible the documents you desire in reference to the lot above mentioned.

I send you herewith the distribution for the half-year from the 1st of July to the 31st December, 1830 and give you permission to alter it to a certain extent if you think that by doing so it will afford more general satisfaction.

Our friend Mr. Fraser who has made a very decent competency by his savings and speculations in Kingston does not appear to me entitled to a quota. Your confrere the V. G. of Kingston has been a good deal out of pocket in improving the Church and Presbytery without any prospect of being refunded, the Rev. Angus M‘Donell’s quota has been increased at your own recommendation and for very cogent reasons. There will remain a small surplus of £20 sterling which you can keep in your own hands in the mean time,—there ought to be some fund established to meet contingencies. Your travelling expenses to Sandwich must be taken out of some place.

It is my intention to have a meeting of my Clergy at Kingston as soon after the Easter holy days as possible to put the affairs of the diocese on a more regular footing than they have been yet. We have much to arrange then, and it will require the united wisdom and experience of all to concert and adopt plans the best adapted to promote the interest of our holy religion.

I shall be much obliged to you by hearing from you on receipt of this, and informing me the precise time you will start for Sandwich, {42} likewise if you are desirous that I should send you any of my Ecclesiastics, but you must not forget that I would not wish to entrust him with the charge of a mission, but only to serve under a Clergyman of greater experience for one or two years.

I expect to go to Montreal soon to procure the necessary documents respecting the lot of land bequeathed by the late Bishop Burke to the mission of York.

With most respectful compliments to your brother and Mrs. O’Grady, not forgetting my dear little Brazilians.

I remain with warm and sincere regard, and very high esteem,
  Very Reverend and dear Sir, your most obedient,
    And very humble in Our Lord J. C.

† ALEXANDER M‘DONELL, Ep. Regiop.

To the Very Rev. W. J. O’Grady, V. G.

227. Have you a copy of the petition of the churchwardens of the Roman Catholic Church in this city presented to His Excellency previous to Dr. O’Grady’s departure for Rome?—I have not.

228. Have you any recollection of a petition by the Rev. Wm. Fraser of St. Andrews, to His Excellency Sir Peregrine Maitland, complaining that he had not for some years received the allowance made to him by His Majesty as a clergyman of Kingston?—I copied the petition for him—it was afterwards signed by him and laid before His Excellency in Council. I understand that Bishop M‘Donell and Mr. Fraser compromised the matter afterwards. The sum allowed Mr. Fraser, as he stated to me, was £100 per annum.

229. Do you know of a petition presented by the Rev. Angus McDonell and the Rev. Wm. Fraser, to the Lieutenant Governor, complaining of the undue distribution of the allowance from the Colonial Office?—In the memorial of the churchwardens to His Excellency we prayed for a copy of that petition, as we understood it to contain a charge of peculation against Bishop M‘Donell.

230. Was it refused?—His Excellency’s answer was, that the original petition was sent to Bishop M‘Donell, and that it was not yet returned, but he had written for it. We never got the copy, nor heard of it since.

231. Were you a petitioner to the House of Assembly last Session complaining of the misapplication of the public monies granted to the Roman Catholic Clergy and School Masters?—I was. Upon a motion to refer it to a Special Committee of enquiry, the House refused to commit it. It was signed by the Roman Catholic Laity generally, at least by all who were applied to. The petition complained in the first place of His Majesty’s supremacy {43} over the Church—of tythes payable to the Roman Catholic Clergy—of the misapplication of £1000, sterling, granted for the support of the Clergy Schools—that no Roman Catholic School-house had been erected in this city. And very few, if any in the Province—the petitioners further requested immediate enquiry into the appropriation of £1000, and the abolition of all pensions and sinecures payable to the Clergy—an additional allegation was, that there were few, if any, Catholic Schools in the Province.

232. Do you know what Roman Catholic Schools have been established from the proceeds of the Royal bounty?—I have never heard of any in the Province.

233. What reason had you for believing that the £1000 was misapplied?—The Rev. Mr. O’Grady was parish Priest at this place. He had the distribution of a part, or the whole of the distribution, under the Bishop’s order. He shewed me a check in Bishop M‘Donell’s favour for £40 on the Bank, which he said was to pay the Bishop’s travelling expenses to and from Sandwich. I was aware that this was a misapplication of the funds. There was another case. I understood that Mr. Angus M‘Donell the Bishop’s nephew, got his share of the Government appropriation, (although it was refused to Mr. Crevier, whom the Bishop removed,) on the supposition that his tythes were sufficient for his maintenance. After Mr. M‘Donell’s removal to Sandwich—After Mr. Crevier was removed he spent the winter with Bishop M‘Donell, who gave him a check for a portion of this money, although he, Mr. Crevier, was not in charge of any parish. With regard to the mal-appropriation, I was one of the Committee appointed at an adjourned meeting convened by Bishop M‘Donell, to enquire into and report upon the state of the Roman Catholic Religion in Upper Canada. The Rev. Lawrence Dempsey gave in evidence before us, that he was obliged to sign receipts to Bishop M‘Donnell in the capacity of Schoolmaster, for monies he never received, and that he never was a schoolmaster. The Rev. Mr. Gordon’s evidence was a corroboration of Mr. Dempsey’s. Mr. Gordon is now officiating clergyman at Niagara. It was given in evidence that a quantity of Sacred Vestments and Church Plate had been presented by Cardinal Weld for gratuitous distribution amongst the Clergy of the Province, and that they were sold to those Clergymen by Bishop M‘Donnell, who look their notes and stopped the amount out of the Government appropriation. I was a member of the commission appointed by the Roman Catholic congregation of the Parish of this city, who enquired among other matters into the application of £250, sterling, paid by Government for Roman Catholic Schools, as a part of the annual grant to the Clergy. Doctor O’Grady gave the following evidence before us “that when the Rev. Mr. Cullen was ordained into the priesthood, he declared to him (Dr. O’Grady) his readiness to testify on oath, that he never acted in the capacity of a school master, and moreover that he was forced against his will and conscience by the Bishop to give him receipts for monies that were never paid him, either as being such alledged Schoolmaster or otherwise.”

234. How many Justices of the Peace are there in the County you represent, and how many in each Township?—A new Commission has been issued since I left Glengarry. When I left home there were nine Magistrates resident in Charlottenburgh—three in Lochiel, one in Lancaster, but none in Kenyon.

235. Are the Justices of the Peace resident in your County chosen exclusively from one party in politics, or indiscriminately from respectable men entertaining various political opinions?—I am not aware that the appointments were made with reference to the political opinions of the persons appointed.

236. Are men chosen to fill the Commission of the Peace, and the offices of the district who have been long resident in it, or are strangers more generally preferred?—I cannot answer that question positively.

237. What Bank notes have the greatest circulation in your district?—I cannot say; I expect there are as many Lower Canada Bank notes as any other.

239. Are the common schools in your District sufficiently numerous and efficient for the wants of the country?—They are numerous, but not efficient.

240. Do you think the Lieutenant-Governors, of themselves, possess a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as Justices of the Peace?—I should think not. I am rather of opinion that the new Commission was issued upon the recommendation of the late members of Assembly.

241. Has any inconvenience resulted in your district from the selection of voting places at Elections, and what places would you recommend for your county?—I am of opinion that two polling places would be best. The two most central places, in my opinion, are Williamstown and Alexandria.

242. Have the monies arising from the sale of wild lands for assessed taxes, or from payment of such assessments on these lands been prudently expended by the Magistrates in your District?—I rather think that such parts as the law requires to be applied on the roads has been prudently expended. I, as a Magistrate, recommended that the remainder be applied towards paying the expense of erecting the Gaol and Court-house, instead of which, it was applied to Government purposes.

243. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders and other classes of Christians whose spiritual teachers, receive no share of the public revenue, for their religious services, that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid to them for their performance of their religious duties?—My opinion of that is, that no particular sect should be required {45} to contribute to the maintenance of any others—that all should be supported by contributions from their own particular Congregations. If this money be given with a view of facilitating our way to the other world, I think each denomination should pay for the salvation of their own souls.

244. The Committee understand that large grants of valuable cleared lands have been made of late to Clergymen of the Church of England for Glebes, is this so within your knowledge?—No.

245. Do you know if the sum of £6000 of the public monies (in the hands of Bishop M‘Donell) being lent to the House of Maitland, Gardner and Auldjo?—Only by report.

246. What Schoolmasters did the Bishop bring from Europe?—Four, Mr. Hammond, Mr. Murdock, Mr. M‘Donald, and Mr. M‘Pherson. I think the latter came from the West Indies.

247. From what funds were they paid?—I cannot tell. I understand that £100 is allowed for each of them by government.

248. Did they teach School?—Three of them taught school in Glengarry for some time. One of them taught a common school.

249. Are there any Catholic School Masters now in Glengarry, paid out of the Government appropriation to such teachers?—I am not aware that there are. Bishop M‘Donell paid the Schoolmasters referred to in my former answer. It is more than five years since they left. I am aware that the Bishop has been occasionally giving the Common School Teacher at Alexandria some money. I know that he had paid him in all £18—this was about a year or two ago.

250. Out of what funds did the Bishop build the Church at Raphaels?—I have never seen the accounts, though a member of that Church—I have heard a good deal of entreaty made by the Clergy for persons to come forward and assist in getting up the building. I had no personal concern with the building of the Church myself.

251. Was there any government grants towards building that church?—I have no certainty that such was the case.

252. Does the Bishop exact tythes from the Catholics of Upper Canada?—In Glengarry, the clergy exact tythes, under the authority of the old French law.

253. Are there many members of the Church of England in Glengarry?—There are very few, I scarcely know a family, but there are 33,000 acres of land set apart for their clergy.

254. Are there many Catholics in Glengarry?—I think that the County is about equally divided between Catholics and Presbyterians.

256. Are you aware that he was agent for the Bishop in the collection of notes due for tythes and marriages?—I saw a man pay him money on behalf of the Bishop. I do not know what the note was for.

258. Did you ever hear that the sum of £25 was ever charged {46} for marriage?—No. But during the building of the Church, I have heard instances of persons signing notes for £25 towards defraying the expense of the building.

259. Did it ever come within your knowledge that the cattle, cows, and chattel property of persons subscribing to the Church, were sold to pay their subscription?—Yes.

260. In what circumstances were these men who were called upon to give their notes for £25 towards building the Church?—Generally farmers.

261. Were any labouring men who were not freeholders, called upon to pay this sum?—I heard of several young men giving their notes, without any reasonable prospect of paying.

262. Was this £25 ever demanded except from persons getting married?—Yes. It was the general average towards paying for the building the Church.

263. Are you aware that Catholic School Houses have been erected, or Catholic School Masters maintained out of the funds provided by the Government?—There was a School House erected at St. Raphaels, but I cannot say from what funds. I am not acquainted with what has been done in other parts of the Province.

264. Does not the inequality of the system of taxation of rateable property, cultivated and uncultivated, afford just grounds of complaint on the part of the people?—I do not think, it does, as far as Glengarry is concerned.

265. Have not the resident settlers by the improvements they have made, and the House of Assembly by its liberal grants far Roads, Bridges, and in aid of Inland Navigation, given to the public Lands their greatly increased value as compared with 1792?—I should suppose so.

266. Ought not the revenue arising from these lands to have been applied to the liquidation of the war claims, instead of increasing the public debt and duties on imports for that purpose?—I think that the wild lands should be at the disposal of the Legislature, to be applied to such purposes as they should consider best.

267. What has been the effect produced in your County by the sale of Wild Lands for arrears of taxes?—Such as have lost their lands feel dissatisfied.

268. Has the effect been to divide property, or to accumulate it into the hands of a few individuals?—I could not say, until I could see how much each individual has.

269. Would not the British Constitutional system, by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—I think if the Legislature and Executive would pull one way it would be best.

270. What check would you propose on having partial and injudicious legislation in England, affecting the commerce, and through it the general interests and property of this Colony?—I {47} think that such matters might be left to the wisdom of the Legislature of this Province.

271. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law?—I think so.

272. What check has the House of Assembly on the other branches of the Government as a means of preventing executive usurpation of popular rights?—I should think that the other branches care but little about the Assembly stopping the supplies while they exclusively have the control of the Casual and Territorial Revenue.

273. Another subject of complaint is the continual stoppage of the bill for the more equal division of Intestates’ Estates. Is the passage of that measure desired in your county?—I do not know that the county have expressed any opinion on that subject except in the petitions of 1831. My own opinion is, that parents, if they have children, society looks for them to support them equally, and not leave them a burthen on society.

274. Many complaints are made that the Judges and Clergymen of the Church of England and Rome hold seats in the Legislative and Executive Councils; are not such seats incompatible with their spiritual and judicial functions?—I think that with regard to clergymen they have enough to do in their spiritual department.

275. Do you consider the Canada Company a benefit or an injury to the Province. Are not the grants or sales of Land to this company of speculators residing in Europe an improper transfer of the functions of the Government?—I think so, I think it is better there should be no agent in the shape of a land company between the Governor and the Emigrant. I think the Canada Company injurious because whatever money is paid to the company is taken from the sum which might have improved his farm. I think it is better to raise taxes from improved property than to lay them as a weight upon the original settlers—that after persons have made themselves comfortable they are then to contribute to the necessities of society.

276. What are your objections to an Elective Legislative Council, and what are your objections to the Legislative Council as now constituted?—I have not given sufficient consideration to the subject to know how it could be improved.

277. Do you not consider the custom of pensioning the judges to a large annual amount, by orders from the Colonial Office, out of the Upper Canada Revenue, and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—I should think it much better to regulate their retiring pensions by law, having reference to the extent ot their services.

278. How can a bench of judges dependent on the Colonial Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive Departments in this Colony, or between the British Statutes {48} and the Provincial Laws.—I think human nature has a leaning to the hand that feeds it.

279. Ought not those persons who advise His Majesty in his appointment of fit persons to fill the judicial bench to be responsible to the country?—I think so.

280. Are you of opinion that the Chief Justice or any of the Judges ought to sit in the Legislative Council? May not the Judge be called on in his Legislative capacity to pass opinions and enact measures of severity against the individual whom afterwards he may be called upon to try as a Judge in the Courts?—I think that a Judge having given his opinion once, should not sit a second time on the same case.

281. What fees were charged by Sheriffs on the sale of wild lands for taxes in your district?—Only seven shillings and sixpence currency, and free deeds afterwards given by the Sheriff.

282. What objection can be urged against a fair and equal representation of the qualified Electors in the House of Assembly?—Why should four townships in one part as a county, with 4,000 inhabitants send two members, and five or six in another part, as a riding with 15,000 send only one?—This arrangement being based neither on extent of territory, property, nor population?—Population and territory I think should be the basis.

283. Does not a vast annual additional expense fall on the Province owing to the continual rejection of bills of a general character sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, debated and sent up by the House of Assembly?—I cannot say what bills have been sent, but the tendency of continually refusing bills must create additional expense.

284. In what way can the popular branch of the Legislature influence the Government so as to secure the appointment of proper persons as arbitrators to decide each four years on the proportion of revenue coming to Upper Canada from duties levied at the port of Quebec?—They could only recommend an arbitrator by the resolution of the House of Assembly.

285. What becomes of the Clergy Reserve monies vested in the British funds?—I cannot tell.

286. Are Grand and Petit Jurors summoned with perfect fairness in your district?—I think so, for I have at different times been observing the Sheriff in cases when I supposed he had a feeling; and I could never discern the least appearance of partiality.

287. Do you think the local knowledge possessed by the Lieutenant Governors of this colony fully sufficient to enable them to nominate independent men otherwise well qualified to the office of Legislative Councillors?—I think that a good deal depends upon the information they get from others.

287. The Vote by Ballot in Elections is prayed for in many petitions both to the Assembly and to his Majesty—What is your opinion of this mode of voting?—I am in favor of that system ef voting.

288. Has there been at any time, within your knowledge, any one schoolmaster residing and teaching in this city, who received any salary, or portion of the appropriation given to Catholic teachers, for his services?—Yes, John Sawyer, or Seers; he received within my knowledge about £20 per year for teaching in this place.

289. How long since he taught in this place?—I cannot tell, but I saw the money paid to him last winter. I think there is another teacher now in his place who will receive the money.

290. Have you any knowledge of a person named John Butler having received any portion of it, under the pretext of his being a schoolmaster?—No, I do not know any thing of it. I know Mr. Butler, but do not know that he has received any government money. If he has received money, it was not received in the capacity of a schoolmaster.

291. Was he, Butler, bona fide a schoolmaster coming within the intention of Earl Bathurst’s despatch authorising Bishop McDonell to apply one-fourth of His Majesty’s bounty for the clergy to the payment of schoolmasters?—Mr. Butler might have received something at one period as a schoolmaster, because he taught school at one time here in this town.

292. Have you any knowledge of the Rev. P. McDonogh having at any time refused to receive his portion of the government appropriation, and if so, what were his stated reason or reasons?—No, I believe he always received his share of the government allowance.

293. Have you any knowledge of a sum of £900 sterling, or any other sum or sums, having been received by Bishop McDonell or any other person on his behalf, from His Majesty’s Government or the Local Government, for any ecclesiastical or other public purpose; and if so, state how the same has been applied?—I understood there had been £900 received for the erection of churches. As to the manner in which it was appropriated I cannot give an exact account, but I know that £300 has been applied towards finishing the Church at Glengarry—£150 to put an addition to the Church in Kingston—£25 to the Church at Loughborough—£25 to the Church at Camden—I believe £40 to the Church at London—and about the same sum to the Church at St. Thomas’—I think it was £100 to the Church at Niagara, and about the same amount to the Church at St. Catharines—and I believe it was £100 to the Church at Peterborough—£90 for the erection of the new Church at Amherstburgh—the rest has been divided between the different missions, but I do not know in what proportion.

294. In whose care was the money expended on the Church at Glengarry placed?—In the hands of commissioners nominated, I believe, by the Bishop—they were Col. Alexander Fraser, Hugh McGillis, Esq., and the Right Rev. Remigius Gaulin.

295. Was £100, expended on the Peterborough Church, received as a donation from Cardinal Weld?—The money has been subscribed but not drawn.

296. Did you ever present a petition either by yourself individually {50} or in conjunction with any other, and with whom, to the head of the Executive of this Province, complaining of the mal-appropriation of certain monies placed at Bishop McDonell’s disposal for ecclesiastical or other public purposes?—I never presented any petition myself, or in conjunction with any other person, complaining of mal-appropriation by Bishop McDonell of any sums of money received by him which could come under the control of the Provincial Parliament.

297. Did you present to the Lieutenant Governor any petition, at any time, complaining that monies which had been placed in the Bishop’s hands for ecclesiastical purposes, had been misapplied?—No, I never did. The petition I presented was merely enquiring what sums of money had been paid by the British Government for me, from ........ period to ........ period.

299. What was the reason that Mr. Crevier was removed from Sandwich?—I do not know.

300. Do you know of any sum of money lodged by Bishop McDonell in the hands of Maitland, Garden and Auldjo, the appropriation of the Imperial Government for schools and for ecclesiastical purposes?—The Bishop, when in England, received a sum of from £2,000 to £3,000, which he lodged in the house of Maitland, Garden and Auldjo, because he was then on his way to Rome, which house failed before the Bishop’s return to the country, and the Bishop has been compelled to pay this money out of his own private funds.

301. Are you aware that one-fourth of the annual appropriation made in England is for the support of schools?—No, but the Bishop has discretionary power to appropriate one-fourth of the annual appropriation to the support of schools. There are some schools in the Province partially maintained from this bounty.

302. Is it just to the Baptists, Quakers, Menonists, Tunkers, Independents, Seceders, and other Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Ministers, should, without, the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—It depends altogether upon the opinion of the Government.

303. Would it not be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for education, were disposed of for public purposes, under the control of the Legislature?—I think it would be desirable.

304. The undue preferences and exclusive privileges granted to certain religious denominations are much complained of; would it not tend to strengthen good government if they were altogether abolished?—I am not aware of any undue preferences, except the Clergy Reserves, which are a real grievance in the country.

305. Are you of opinion that clergymen of any denomination ought to have seats in the Legislative Council, or that such seats are compatible with their spiritual functions?—I am decidedly of opinion that no clergyman of any denomination should hold a seat either in the Legislative or Executive Councils.

306. Are the Common Schools in your District sufficiently numerous {51} and efficient for the wants of the country?—They are not, I think the sale of the Clergy Reserve, if appropriated to Education, would afford sufficient fund for the support of common schools.

307. What is you opinion of the system of District Schools in Upper Canada?—I believe in most cases they are a nuisance; I think that if the £100 would be divided among four common schools it would tend more for the benefit of the country.

308. What tythes are generally exacted about Glengarry or Sandwich?—The twenty-sixth bushel of grain only.

309. Are you the proprietor of the Patriot newspaper?—I am; the series commenced in November, 1829.

310. What postage did you pay in 1830 and 1831?—I paid while I published in Kingston about £125, this was to the end of 1832.

311. Is the return correct which states you to have paid in 1829 £5; in 1830 nothing; and only £6 in 1831?—It is not correct.

313. The Kingston Chronicle is entered in this Return as paying £10 a-year; is that a fair return?—I should not suppose that they ever sent so few as 50 copies.

314. Do you know any law under which newspaper postage can be collected in Upper Canada as a perquisite to a Postmaster?—No; I do not believe they pretend it is by law, but by an order of the Postmaster-General, and given as a perquisite to his deputy, as I understand.

315. Are not the Letter Postage rates, where they exceed 1s. 3d. currency, on a single letter, (which is the maximum for the greatest possible distance in the United States) injurious to trade and unnecessarily burthensome on this community?—I have always thought the postage from here to England as enormous.

317. How would you recommend newspaper postage to be collected?—I think it ought to be collected from the party receiving the newspaper.

318. Do you think that newspapers ought to be subject to postage?—I do for the reason that it is a valuable service performed to the person receiving the paper, with the expense of which, the public ought not to be burthened; because it would be taxing the poor to maintain the rich.

319. What rate of postage would you recommend on newspapers?—Not more than a half-penny per sheet.

320. How many justices of the peace are there in the county you represent, and how many in each township?—I do not know, a new commission has gone down lately.

321. Have you made recommendations to His Excellency for fit men to be placed in the commission of the peace?—No, I never did to my knowledge.

322. Are the justices of the peace, resident in your county, chosen exclusively from one party in politics or indiscriminately from respectable men entertaining various political opinions?—As far as my knowledge goes I do not see any difference. A gentleman by the name of Munroe, who went about with a petition for the removal of Sir John Colborne, has been since appointed a magistrate.

323. Are the common schools in your district sufficiently numerous and efficient for the wants of the country?—I think not.

324. Has any inconvenience resulted in your district from the selection of voting places at elections, and what places would you recommend for your county?—I think it would be better to have two polling places, Grimes’ Inn, in Cavan, for the front townships of Durham, and for the back townships Cottingham’s Mills.

325. Have not the resident settlers by the improvements they have made, and the House of Assembly by its liberal grants for roads and bridges, and in aid of Inland Navigation, given to the public lands their greatly increased value, as compared with 1792?—Decidedly so.

326. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt and duties on imports for that purpose?—Yes, I think so.

327. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders, and other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—I think not, but I think we ought to have an Established Church; I am for a union of Church and State, and I think that the Church of England ought to have the supremacy.

328. How would you provide for the Church of England?—I have no idea of giving them the one-seventh of the lands of Upper Canada, but would give them a respectable maintenance out of a part of these Reserves.

329. Would not the British Constitutional system, by which the head of the Government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, {53} than the present irresponsible mode of Government?—I am perfectly satisfied with the present mode of government, I think a change would be an injury to the country.

330. Why have you formed this opinion?—I form this opinion from having heard no proposed changes which would answer equally well.

331. What check would you propose on hasty, partial, and injurious legislation, in England, affecting the commerce, and, through it, the general interests and prosperity of this colony?—I could not say.

332. Would not it be desirable that the Clergy and Crown Reserves, and all reservations of land, otherwise than for education, were disposed of for public purposes, under the control of the Legislature?—All, except such parts as might be reserved for the support of the Established Church.

333. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Province, and the proceeds applied only according to law?—I am clearly of opinion that one deposit would be better, because it would be easier looked after.

334. Another subject of complaint is the continual stoppage of the bill for the more equal distribution of Intestates’ Estates; Is the passage of that measure desired in your county?—I think not.

335. Do you consider the Canada Company a benefit or an injury to the Province; are not the grants or sales of land to this company of speculators, residing in Europe, an improper transfer of the functions of the Government?—I think the Canada Company have been a very great injury to the country.

336. What are your objections to the Legislative Council as at present constituted?—None, I should be very sorry to see the people put in the Legislative Council.

337. Will not the Canada Company eventually draw several millions out of the Province, without conferring on the settled population any adequate advantage?—I think they will be some advantage, the first settling of the country and opening the roads are advantages; but the monopoly will eventually be disadvantageous.

338. Are there many actions at the instance of banks in your district?—There are; each of the endorsers and also the drawer are prosecuted, and three suits and three bills of costs incurred for the recovery of one debt; if the debt to the bank is £41, the costs in some cases arise as high as £60 additional. The law ought certainly to be altered; it would be better to notify the endorsers in the first place, and commence an action against the drawer.

339. Have the grants of money for the improvement of roads and bridges been faithfully expended?—I think they have.

340. Do you not consider the custom of pensioning the judges to a large annual amount, by order from the Colonial Office, out of the Upper Canada Revenue, and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—I am not prepared to say.

341. How can a bench of judges dependent on the Colonial Office, for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive departments in this Colony, or between the British Statutes and the Provincial Laws?—I am not prepared to say.

342. Ought not those persons who advise His Majesty in his appointment of fit persons to fill the judicial bench be responsible to the country?—I think so, certainly.

343. In case the House of Assembly, or large bodies of the people, should be of opinion that a public officer deserved impeachment, by what means could he be tried?—I think there is no public officer, who is guilty of any misdemeanor, who cannot be tried by the Court of King’s Bench.

344. Would not an active agent representing the wishes of the people of Upper Canada, in London, be likely to be of great importance to the commercial and agricultural interests of the country?—If a person of that description could be found who would be free from politics, he might be very useful.

345. Is there a hope that the Legislative Council and Assembly, as now constituted, would unite in the choice of such a person?—I should think so.

346. Were not the inhabitants of the Province seriously injured by the refusal of the Legislative Council, at several sessions, to pass a bill appointing commissioners to treat with commissioners appointed by act of the Lower Canada Parliament, on matters of mutual interest to the two Canadas, especially their trade?—I would prefer having a port of entry in Lower Canada; I think the best way would be, to have the Provinces united.

347. Does not a vast annual additional expense fall on the Province, owing to the continual rejection of bills of a general character sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, and debated, and sent up by the House of Assembly?—I think it a very necessary one, it would be a very hard case if they had not the same power to reject our bills that we have.

348. Are you aware that the members of the Legislative Council receive a far larger proportion of the taxes than they and their families contribute?—I am not aware of that.

349. Do you think the local knowledge possessed by the Lieutenant Governors of this Colony fully sufficient to enable them to nominate independent men, otherwise well qualified, to the office of legislative councillors?—I think so.

350. The vote by ballot in elections is prayed for in many petitions, both to the Assembly and to His Majesty; what is your opinion of this mode of voting?—I do not know a better way to cheat the public than by ballot.

351. Are the common schools in your district sufficiently numerous and efficient for the wants of the country?—No.

352. Has any inconvenience resulted, in your district, from the selection of voting places at elections; and what place or places would you recommend for your county?—I think the last election for the County of Leeds was hold at an improper place; I would require time for reflection.

353. Do you think the Lieutenant Governors of themselves possess a sufficient knowledge of the inhabitants of the several districts, to enable them to select judicious persons as Justices of the Peace?—I do not.

354. In what manner are Justices of the Peace appointed in your district?—They are mostly appointed from among persons possessing one set of political opinions—I mean opinions in accordance with the views of the Executive.

356. How often have you been elected as a representative of the County of Leeds?—I have been elected to two Parliaments.

358. Was he in the Commission of the Peace?—He was in the Commission of the Peace at the early settlement of the County, his name must have been left out previous to his election, which was, I think, in 1800.

360. Was not his father also a member of the House of Assembly?—I think he sat in three or four Parliaments.

361. Was either of the Messrs. Howard in the Commission of the Peace?—I do not recollect that either ever was. If Mr. Howard, sen. was in a short time, he must have been put out again.

362. Did you ever recommend to His Excellency any persons as fit to be put in the Commission of the Peace?—Yes I did, at the commencement of the tenth Parliament.

364. A very large sum of money collected by direct taxation is annually entrusted to the Magistrates, they being irresponsible to the people either directly or indirectly, would it not be more in accordance with the genius and spirit of the Constitution {56} if these monies were placed under the control of persons appointed by the qualified electors?—I think the monies would be better managed under the control of persons selected by the qualified electors.

365. How many Justices of the Peace are there in the county you represent, and how many in each township?—I think there are about 70 in the Johnstown District.

366. Are men chosen to fill the Commission of the Peace and the offices of the district who have been long resident in it, or are strangers more generally preferred?—Latterly, I think, that there have been more persons not long resident in the county preferred to the offices of Justices of the Peace.

367. What Bank notes have the greatest circulation in your district?—The Upper Canada Bank notes I should suppose.

368. How many actions is it usual for the Bank to raise against a defaulter whose note has two endorsers?—I think three.

369. What is your opinion of the system of district schools in Upper Canada?—I think the system is a bad one as the law is now carried into effect.

371. Have the monies arising from the sale of wild lands for assessed taxes, or from payments on such assessments on these lands, been prudently expended by the Magistrates in your district?—A portion of these monies were not prudently expended, particularly about £700 expended in the town of Brockville.

372. Does not the inequality of the system of taxation of ratable property, cultivated and uncultivated, afford just ground of complaint on the part of the people?—I think it does.

373. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads and bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792?—Yes.

374. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt and duties on imports for that purpose?—I think the Imperial Government ought to have paid these claims. But if we have them to pay, these lands ought to have been taken in preference.

376. How long has it been established?—Fourteen or 15 years, I have only been the Proprietor about 12 years.

377. Do you know any law under which newspaper postage can be collected in Upper Canada as a perquisite to a Postmaster?—I do not. I think it ought not to be given as a perquisite.

378. Would not the British constitutional system, by which the head of the Government is obliged to choose his Councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of Government?—It is my opinion that it would. The irresponsible character of the Government is one of the principal difficulties under which we labor.

379. Was not the refusal of the Legislative Council of this Province to assent to the Assembly’s bills in several Parliaments for appointing Commissioners to meet those appointed by Lower Canada to consider of matter of mutual importance to both provinces, a proof of the necessity of a change in the composition of the Upper House?—It proved that they did not do what they ought to have done.

380. The undue preferences and exclusive privileges granted to certain religious denominations are much complained of: Would it not tend to strengthen good government if they were altogether abolished?—Yes, I think so.

381. Is it just to the Baptists, Quakers, Menonists, Tunkers, Independents, Seceders and other denominations of christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and clergy, and the Methodist ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—I think not.

382. Would it not be better that the sale and disposal of the public lands and other public property were, in all cases, regulated by law?—I think so.

383. What check has the House of Assembly on the other branches of the Government as a means of preventing executive usurpations of popular rights?—I do not think they have any real and substantial check.

384. Ought not the public revenue to be paid in the gross into the Exchequer or Treasury of the Colony and the proceeds applied only according to law?—I think that ought to be the case; were this done it would afford a check in the hands of the Assembly.

385. Another subject of complaint is the continual stoppage of the bill for the more equal division of intestate estates.—Is {58} the passage of that bill desired in your county?—I think it is by a majority of the people.

387. Do you not consider the custom of pensioning the Judges to a large annual amount, by orders from the Colonial office, out of the Upper Canada revenue and without reference to the Provincial Legislature, destructive of the independence of the Bench in a great measure?—I think it may have a bad effect on the independence of the Bench.

388. Are there not too many dependant persons, and holders of office in the Legislative Council?—I should say there was, as far as my information goes.

389. Are you aware that the powers and duties of the Executive Council are defined by law?—I am not.

390. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty. What is your opinion of this mode of voting?—I think it the mode that should be adopted in this Province.

391. Would it not be desirable that the Clergy and Crown Reserves and all Reservations of land, otherwise than for Education and Roads, were disposed of for public purposes under the control of the Legislature?—I think so.

393. Did one John Sayer or Siers or any other Catholic School Master teach in York since 1829.—John Siers did not until the year 1833, when he opened a School on his own account, he did not within my knowledge, receive any portion of the Government appropriation—after he left here, I met him in Kingston, and he told me he received none.—Previous to Siers coming to the Parish, I engaged a School-master by the name of Harvey, who had a promise from Bishop McDonell of £20 per annum for the support of a school master but though he commenced his school on the faith of this promise, he was never paid one farthing, and after residing six months in this city, he was obliged to leave us.

394. Referring you to evidence given before this Committee of the Rev. Angus M‘Donell respecting the appropriation for schools, can you shew that His Majesty’s Government intended that £250 a year should be appropriated to the payment of Catholic School Teachers?—I think so. The {59} Bishop shewed me the copy of a Despatch from Lord Bathurst authorising him to appropriate one fourth of the annual grant for that purpose, and that the Executive of the country was of the same opinion will appear by the following letter from Sir John Colborne to Bishop M‘Donell.

York, 20th April, 1829.

My Lord Bishop,

I have the honour to acknowledge the receipt of Your Lordship’s letter of the 2nd instant; and to return the inclosed document from Major Hillier, by which it certainly appears that you are authorised to apply, for the support of Schoolmasters, one fourth of the annual appropriation of His Majesty’s Government.

The distribution of the salaries of the Clergy under your Lordship’s charge must depend entirely on your opinion; but the claims of the Rev. Mr. O’Grady well deserve your Lordship’s consideration.

I shall be most happy to see your Lordship at York.

I have the honor to be,
  My Lord Bishop,
    Your Lordships’
      Most Obedient
        Humble Servant,

J. COLBORNE.

The Right Rev.
Doctor M‘Donell,
Bishop of Resino.

395. Have you heard of any sum or sums of money being given to Bishop M‘Donell for the purpose of erecting a Church or Seminary at Guelph?—I have—£1000 were sent to the Bishop by Cardinal Weld for that purpose—but these monies were otherwise applied by his Lordship—to prove which I put the following letter in evidence.

St. Raphael’s, Glengarry,

Jan. 16th, 1830.

Very Rev. Dear Sir,

I wrote you a letter on the 20th of November last to be conveyed to you by the Rev. Edward Gordon, but before his return from Lower Canada, where he had gone to see his brother, the Navigation closed, and the roads broke up, so that his departure has been delayed from day to day, in hopes that sleighing would commence in which we have been I may say hitherto disappointed—that letter as well as this one will be handed to you by Mr. Gordon.

The contents of your favor of the 16th of November are truly interesting. The remarks on the conduct of some individuals of our brethren are to me most distressing and call for immediate attention. I authorised you on a former occasion to take Mr. Compion under your surveillance, to examine strictly and minutely into his conduct, and I hereby repeat my injunctions and orders to you {60} to the same purpose, and I charge you to exercise over him and over Mr. Gordon and over every other priest that is or may hereafter be employed in your district, the power and control of a vicar general until further orders. Regular powers may afterwards be given in due form as circumstances may require. In the mean time I beg and entreat of you to procure for me every possible information respecting the conduct of those individuals to whom you alluded in that letter.

I feel much obliged to you for suggesting the idea of holding conferences of the clergy, it is one that I long cherished myself when the state of the missions would admit of the clergy convening for that purpose, well aware of the great good which such an institution produced in Ireland in my time and is calculated to produce in this country. Hitherto however while two priests were not within the distance of hundreds of miles of one another, the thing was entirely impracticable, and even yet it is only in very few parts that it can be thought of, but please God to increase the number of our clergy I trust the practice may become general.

The kindness and attention which Sir John Colborne was pleased to shew to me during the time I had the honor of accompanying His Excellency last summer on his visit to Montreal and to the Rideau Canal, I shall ever remember with the most grateful feelings, and I shall ever consider it one of the most mortifying circumstances of my life, being deprived of the honor of seeing His Excellency under my humble roof: owing to my servants mistaking the time of his arrival in Cornwall, my horses and carriage were not sent, although I sent an express on purpose to inform them. I was most anxious that he would see these small establishments, and witness the struggles I have had to support them. My seminary alone in which I have been generally supporting for the last five years from seven to nine or ten young men has cost me at an average £300 per annum, being obliged to provide besides board and education, clothing and every other necessary for several of them who have not the means of procuring those things for themselves. This and the expenses of the buildings here which from first to last have amounted to upwards of £3,000 currency, without the aid of a single dollar from any human being, have subjected me to serious difficulties. Dr. Weld has indeed advanced me one thousand pounds towards building a church at Guelph which has gone partly to clear Mr. Fraser out of Kingston as you know and partly to purchase a piece of ground attached to the house bought for the use of the Bishop in Kingston and partly to defray expenses contracted by the building of other churches; and I am yet after all three thousand pounds more behind hand with the Parishoners of St. Raphael of money borrowed for the building of their new Parish Church, the greater part of that sum they will however be able to pay themselves in time. Of this long detail of my difficulties and embarrassment you are at liberty to communicate as much or as little to His Excellency as you may think proper. I shall petition His Excellency on behalf of the Indians of Penetanguishene or the Colonial Minister through His Excellency and to save postage shall enclose it under cover to Col. Fraser our Representative who will take an active part in any thing that concerns our holy religion. I wish most earnestly to {61} visit York in the course of next month if the state of the roads will be such as to render my journey any ways comfortable, I send you enclosed the distribution of the Government money, and you may acquaint the Gentlemen concerned to draw upon you when their money is ready for distribution.

I request to be most respectfully remembered to your brother and family and Col’l Baldwin and to all inquiring friends, and believe me to be with sincere regard and esteem very Rev. and dear Sir,

Yours truly,

† ALEX. REGIOPS, Ep.

P. S.—You will be pleased to send me a check on the Montreal Bank, which Mr. Harper will give you, if you lodge the money with him for the quotas of the four schoolmasters and of the Rev. Mr. John McDonald of this parish, amounting in all to{?} £75 16 4 Stg.

Yours A. McD.

The Very Rev. W. J. O’Grady.

396. Have you any other evidence to offer in proof of the misapplication of the public money by Bishop M‘Donell?—I have the evidence of the Rev. Laurence Dempsey, and the Rev. Edward Gordon, taken before the Parish Commissioners, and also the evidence of Peter M‘Dougall, Esq., regarding the repeatedly expressed opinions of the late Inspector General.

[The Committee decided not to receive in evidence the duplicate of an affidavit of Dr. O’Grady and Peter M‘Dougall, Esq., nor the testimony given before the Parish Commissioners.]

I have repeatedly heard the late Hon. James Baby say that Bishop M‘Donell never submitted to his inspection an account of the disposal of the Government appropriation, for the support of the Roman Catholic Clergy and Schoolmasters of this Province, and that he, the said James Baby was of opinion that he (the Bishop) annually abstracted a considerable portion of the sum for his own private purpose and uses, and also that the Rev. Wm. Fraser frequently assured him (the said James Baby) that to his knowledge, such was the case.

399. Would you recommend more than one place at which to take the votes of the qualified Electors, for the County or Riding you represent?

400. If so, what places would you propose as the most suitable at which to hold the poll three days alternately?

401. If one polling place would in your opinion be sufficient, what place would you recommend as the most central or otherwise suitable for the Election?

Answer to 401.—The line between the towns of Cornwall and Osnabruck.

To Question 1.—Yes.

To Question 2.—At Richmond, and the lower part of the Township of Huntley.

To Question 1.—In the first Riding of the County of Lincoln, which I represent, there is but four Townships, therefore I think one Polling place is sufficient.

To Question 3.—I would recommend Smithsville in the Township of Grimsby as the most central.

To Question 1.—I am of{?} opinion that taking the votes by Townships would be most accomodating and efficient, yet, dividing the County into four parts would be a great improvement on the present system.

To Question 2.—London, St. Thomas, Delaware, and Gardener’s Mills, in Mosa, would from my information be the most suitable.

To Question 3.—One polling place is not sufficient for the County of Middlesex; but if there must be only one, I think London would give the most general satisfaction.

To Question 1.—I would recommend the Committee to leave the measure as it now stands, if you wish to please the Electors of the County of Essex.

{63}

To Question 3.—At the District Town Sandwich, where it is situated in the most populous Township in the County or District.

To Question 1.—I consider one place sufficient to hold the Election in the County of Kent.

To Question 3.—At the town of Chatham.

To Question 1.—I would recommend that the County of Norfolk, including the Townships of Walpole and Bayham should be divided into two Ridings for the purpose of being divided into a separate District as well as to enable the Electors more conveniently in that case to hold Elections for that County.

To Question 2.—In the event of the said County being divided into Ridings, I should propose that the Elections for the East Riding should be held at the Post Town of Simcoe—and for the West Riding, until a more central situation can be established, at the town of Fredericksburgh in the township of Middleton.

To Question 3.—Should this County remain undivided into Ridings, in that case, I would be of opinion that the County Elections should be held at Vittoria, only; as the additional expenses of holding the Elections would, in my opinion, operate, with other reasons against their being held in different places during the same Elections.

To Question 1.—No, the principal part of Settlers in Cumberland, Clarence, and Gloucester, are located along the Banks of Ottawa River. I believe they are not more than two miles back, Gloucester extending up River Rideau is tolerably well settled, so is Osgoode. It is difficult for me to say whether more places than one is necessary or not, should it be thought necessary, the line between Gloucester and Osgoode I think is the most proper place in that direction. On Ottawa between Clarence and Cumberland.

To Question 2.—Answered above.

To Question 3.—The place where it was held first at, is New Edinburgh in Gloucester, it was thought the most central and easiest place to arrive at by Steam Boat or otherwise, it being at the junction of Ottawa and Rideau Rivers, but that being my property, I beg to refer you to the maps.

To Question 1.—I would recommend three different places for holding the Elections.

To Question 2.—Prescott, Merrickville, and Kemptville.

To Question 3.—If but one place should be thought best, I would recommend Prescott as the most suitable place, but Kemptville as the most central in point of territory.

To Question 1.—The County I represent is not so large, but the votes can readily be taken at one place of meeting.

To Question 2.—If the poll was kept open for three days alternately, at different places, I would recommend the villages of Stoney Creek and Ancaster.

To Question 3.— I consider Hamilton, the County Town, the most convenient place, and sufficiently central to hold the Elections.

To Question 1.—The county I represent is not so large but that all the votes can he polled at one place in six days.

To Question 2.—If two places of polling of 3 days alternately I should recommend the villages of Stoney Creek and Ancaster.

To Question 3.—I think Hamilton, the county town, the most central place, and would meet the wishes of the inhabitants of the county.

To Question 1.—I would recommend three places.

To Question 2.—The town of Prescott and the villages of Kemptville and Merrickville.

To Question 3.—The village of Kemptville.

To Question 1.—I would.

To Question 2.—At Waterloo, two days; at William Ash’s, in the 1st concession of Loughborough, two days; and at Barrey’s Field in Pittsburgh, two days.

To Question 1.—I would recommend the poll to be held in different places of the County of Dundas, at least in four of its townships.

{65}

To Question 2.—In the township of Mountain, at the Widow Jackson’s, one day; in the centre of Matilda, at the Widow Shaver’s, two days; for Williamsburgh, at Philip Munroe’s, two days; for Winchester and rear of Williamsburgh at Mr. Rosenbergen’s, one day. I would wish the polls to be kept where the Courts of Requests are now holden.

To Question 2.—I would propose that the poll be held three days at {blank} , in the township of Osnabruck, and for the first three days at the town of Cornwall, in the township of Cornwall.

I would beg leave to remark that the Committee are to take into consideration whether it would be prudent to remove the election from the county town where the district buildings are, for in case of disturbances as lately occurred at the county of Leeds election, a place of convenience could be had for troublesome characters.

(Signed) D. A. E. McDonell.

To Question 1.—The County of Glengarry, which I represent, being one of the most populous counties in the Province and containing I should say 1,200 freeholders, I would recommend two polling places.

To Question 2.—The village of Williamsburgh in the township of Charlottenburgh, and the village of Alexandria, in the township of Lochiel.

To Question 3.—The village of Alexandria, being nearly the centre of the county.

To Question 1.—Yes, every township in the county.

To Question 2.—Every township, but for one day only.

To Question 3.—If only one place I should suppose the present mode adopted, the best.

To Question 1.—For the Riding I have the honor to represent I think one place quite sufficient for polling all the votes.

To Question 3.—I conceive St. Catharines to be the most central both in territory and population, and therefore most suitable for holding the election.

To Question 1.—Yes.

To Question 2.—Richmond and the lower part of the township of Huntley.

To Question 3.—If only one place thinks the 12th concession of Goulburn most central, but thinks Richmond the most suitable place for the convenience of the whole electors.

To Question 1.— I would recommend two places.

To Question 2.— I would propose Perth and Carleton Place.

To Question 1.—Yes.

To Question 2.—I would recommend the polling at all places to be going on at the same time. I recommend Holland Landing, Barrie, Narrows of Lake Simcoe, and somewhere on the township line between Tecumseth and Adjala.

To Question 1.—Yes, I would recommend three places at which to hold the elections for the county I represent, I would also further recommend a prolongation of the time now fixed by law for that purpose, from six to nine days.

To Question 2.—I would propose for the first three days the village of Hannahsville, in the township of Nelson; for the second three days the village of Preston, in the township of Waterloo; and for the third three days the town of Dundas, in the township of West Flamborough.

To Question 1.—I should not recommend more than one place to hold the elections in the County of Kent.

To Question 3.—The town of Chatham.

To Question 1.—I would not recommend more than one place at present.

To Question 3.—Sandwich as being the county town.

SIR,

The Circular letters signed by you as Chairman of the Committee on Grievances, relative to holding elections. The one you did me the honor to send for to fill an answer in, I have sent to a Committee of the electors of the 3rd Riding of Lincoln which I have the honor to represent, for the opinion of the freeholders, which has been had and is annexed, the wish of the freeholders is expressed therein.

I have the honor to be,
  Sir,
    Your obedient servant,

DAVID THORBURN,

M.P. 3rd Riding Lincoln.

To W. L. Mackenzie, Esq.

Chairman of Com. on Grievances.

To David Thorburn, Esq.

SIR,

After taking into consideration the question presented to the Committee for their consideration, relative to the place or places for polling the votes for the 3rd Riding, county of Lincoln. The Committee are of opinion that one place would be sufficient at or near the centre, viz: Matthew Seburn’s, Innkeeper in Thorold.

GEORGE ROWE,

Corresponding Secretary.

By order of Committee.

To Question 1.—I have never given the subject much consideration, but think it would be a convenience to the inhabitants to take the votes at two places.

To Question 2.—At Dunnville and Stoney Creek in Rainham or Walpole.

To Question 1.—I should recommend two places for holding the election in the county of Hastings.

To Question 2.—Three days in the village of Bellville, and three days at John McCoy’s in Huntingdon, and but one Returning Officer.

402. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony, and the proceeds applied only according to Law?—That is the case. There are two distinct revenues, one under the control of the Provincial Legislature, and the other under the control of the Lords Commissioners of His Majesty’s Treasury.

403. Under what law do the Lords of the Treasury exercise a control over the Casual and Territorial Revenue?—I do not know.

404. Where are public balances in the different departments deposited, and what may be the average amount deposited, paying no interest?—The balances in the Public Chest are exceedingly fluctuating and uncertain, the deposits are made for the general convenience and benefit of the public; sometimes there are large balances in my hands, and sometimes none at all.

405. From all sources whatsoever, what may be the average balances of public monies in your hands?—I think the balance may average within these few years about £10,000.

406. Do you think any of the Banks in this Province, a proper and safe place for public deposits?—I think the Banks safe places for the deposit of public monies.

407. What security do you give the Province for public balances?—£80,000, viz: £10,000 Mr. Clark; £5000 Mr. Street; £5000 Mr. Wm. Dickson, Forsyth & Richardson; £20,000 Mr. Dunn of London (my father); £10,000 stg. and my own personal security £30,000.

408. The Legislative Council refused several times to assent to bills sent up by the Assembly for appointing Commissioners to meet Commissioners appointed by the Legislature of Lower Canada to consider of matters of trade, revenue, inland navigation, and other affairs of mutual importance to both Provinces, was not that refusal injurious to the interests of the two Colonies?—I think it would have been better if Commissioners had met to have decided on the improvements of the St. Lawrence, in which the two Provinces are so intimately connected. If such a Commission could be carried into effect, it would, I think, have a mutual good result in the intercourse of both Provinces.

409. Does the supervision of the Inspector General of Public Accounts, extend to all revenue raised and expended in the Province?—I think it does.

410. What check would you propose on hasty, partial and injurious legislation in England, affecting the commerce and through it the general interests and prosperity of this Colony?—I am not prepared to state any remedy.

411. Have not the resident settlers, by the improvements they have made, and the House of Assembly by its liberal grants for roads and bridges, and in aid of inland navigation, given to the public lands their greatly increased value, as compared with 1792?—Most unquestionably.

412. Mr. Wm. Chisholm is put down in this return as holding only the office of deputy postmaster—Has he not lately been appointed Collector of Customs at a place distant from his post office?—He has been appointed Collector of Customs for Oakville.

413. Is he not a merchant trading at that place and importing goods?—I really do not know.

414. We see in the Canada Company’s returns a pension of £400 to Col. Talbot, a pension or allowance of £500 to the Bishop of Regiopolis, a pension to Sir W. D. Smith in England of £200, a pension to the family of General Shaw of £100, a salary to an agent here for the service of paying these monies and other sums. These payments are made from the public revenue of this Colony. By whose authority are they so made?—By the Lords Commissioners of the Treasury.

415. For what service do you receive £200 sterling out of the funds of the Canada Company?—For the large accumulated business connected with the Crown duties.

416. Do you not receive other £200 sterling as Receiver-General of Crown Lands?—I receive £400 sterling in all, besides £700 sterling per annum from the Province.

417. How often do you account to the Inspector-General for your intromissions as a manager of public funds?—Twice a-year—30th June and 31st December in each year.

418. Who made out the return of your income for 1830, placed in the Blue Book sent to England?—Mr. Turquand; it was correctly made out and embraced the different items of my income.

419. Can you point out to this Committee any Law of the Province, establishing the Executive Council a board to judge and audit the accounts of public officers and others?—No.

420. What Bank notes have the greatest circulation in this Province?—I think the Commercial Bank, at this moment, because I receive the most of their bills.

421. What is the amount of the debt due by the Province?—£180,500 currency, and £176,600 sterling, on the I5th January, 1835.

BERNARD TURQUAND, Esq. called in and examined.—Is first Clerk in the Receiver-General’s office.

[The return to an Address of the House of Commons of the receipts and payments of the Canada Company is shewn to witness.]

422. Is this document in the shape in which it was, when you signed it?—I believe it is.

423. Did it contain the sums of £324 and £540 paid to Dr. Strachan?—In the explanatory statement, I have no doubt it did.

424. Have the sums of £324 and £540 been actually paid to the Doctor?—These sums were not paid to the Archdeacon in this Province; but were with other monies mentioned in the statement allowed to the Canada Company (including the premium of exchange) as an offset from their first instalment in consequence of their having been paid to them in England as I presumed from a statement on that subject in the Receiver-General’s office. The sums paid to the Archdeacon must have been £300 and £500 only; exchange at eight per cent. at that time.

425. It appears that an additional salary of £500 has been made to the Lieutenant-Governor, besides £2000 and £1000 before: Under what authority was this made?—Under the authority of the Lords Commissioners of His Majesty’s Treasury conveyed in a Despatch from the Colonial office: the £1000 is paid as an allowance in lieu of fees, which, heretofore, formed part of the emolument of the Lieutenant-Governor of this Province.

426. Are there outstanding monies now due to the Government?—It is unknown to our department.

427. Whose duty is it to keep an account of outstanding monies due to the Province by public accountants?—I believe the Inspector-General.

428. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony, and the proceeds applied only according to Law?—I think all public revenue of every description should be paid into the hands of one public functionary.

429. Does the supervision of the Inspector-General extend to all public revenue received in the Province?—I have no doubt of it, as all the public accounts go to his office for inspection.

430. Where are public balances in the different departments deposited, and what may be the average amount deposited, {71} paying no interest?—For several years past, I think the average in the Receiver-General’s hands, has not exceeded £10,000, including all the public funds, that of the provincial revenue, scarcely any thing; and if any, always appropriated; it is very frequently in advance: the great bulk of the revenues come into the Receiver General’s hands about the close of each period, and although the balances may appear large in the accounts, they are immediately reduced by the demands of the preceding half-year.

431. In case the different public accountants neglect to send in their monies to your office regularly, what steps are you authorised to take?—The bonds of the different public accountants are lodged with the Receiver-General; and when any defalcation occurs they are sent to the Attorney-General for prosecution of the party concerned.

432. Are men chosen to fill the commission of the peace and the offices of the district who have been long resident in it, or are strangers more generally preferred?—Latterly, strangers.

433. Are the justices of the peace resident in your county chosen exclusively from one party in politics, or indiscriminately from respectable men entertaining various political opinions?—They are principally half pay officers and strangers; I mean the late appointments.

434. Are the common schools in your district sufficiently numerous and efficient for the wants of the country?—I should think not.

435. Do you think the Lieutenant Governors of themselves possess a sufficient knowledge of the inhabitants of the several districts, to enable them to select judicious persons as justices of the peace?—I should rather think not.

436. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads, bridges, and in aid of inland navigation, given to the public lands their greatly increased value, as compared with 1792?—Certainly.

437. Ought not the revenue arising from these lands to have been applied to the liquidation of the war loss claims, instead of increasing the public debt and duties on imports for that purpose?—I should think so: I once dined with General Brown, in a canal boat, travelling to Rochester, when, speaking of the late war, I asked him what the United States could have had in view in invading Canada; his answer was, that the Crown and Clergy Reserves would in a manner have recompensed them for the expenditure.

438. Would not the British constitutional system, by which the head of the government is obliged to choose his councillors and principal officers from among men possessing the confidence of the popular branch of the legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—Certainly, it would be better adapted to the wishes of the people.

439. Why have you formed this opinion?—Because an arbitrary government does not suit an enlightened community.

440. What check would you propose on hasty, partial and injurious legislation in England affecting the commerce, and through it the general interests and prosperity of this colony?—Only by a fair representation to the British Parliament.

442. The undue preference and exclusive privileges granted to certain religious denominations, are much complained of; would it not tend to strengthen good government if they were altogether abolished?—I think it would. There are 2,500 acres of land in the 4th Riding of Lincoln, that were surveyed and reserved between 1787 and 1789, in lieu of side lines; they are denominated on the surveyor’s plan as glebes. Last summer, in June I think, through the interest of Mr. Anderson, the Episcopal clergyman and two of the Wardens of St. Paul’s Church at Fort Erie and Bertie, there was a license of occupation granted for 1,500 acres to Westley Lewis and Alexander Douglass, as said Churchwardens of Mr. Anderson’s church; we complain that this property belongs in common to the several townships as commons, in lieu of side lines.

443. Would not it be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for education and roads, were disposed of for public purposes under the control of the Legislature?—I should think so.

444. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law?—Certainly, that is my impression.

445. What check has the House of Assembly on the other branches of the Government, as a means of preventing executive usurpations of popular rights?—In my impression, it has never had any.

446. Many complaints are made that the judges and clergymen of the Church of England and Rome, hold seats in the Executive and Legislative Councils; are not such seats incompatible with their spiritual and judicial functions?—I should think so.

447. It is complained to His Majesty that sheriffs hold their offices in abject dependence on the will of a government irresponsible to public opinion;—that they choose the grand and petit jurors without reference to their fitness, but often from political considerations;—what remedy would you provide to secure the subject a fair trial by jury?—Perry’s Jury Bill.

448. In what manner are appointments in the militia made in your district?—Militia officers are recommended by the Colonel and commissioned by the Lieutenant Governor.

449. Would it not be an advantage to the people if a law were passed for the abolition of Militia trainings?—Yes, because Militia trainings are attended with many evil consequences and no good.

450. What are your objections to the Legislative Council as now constituted?—I think a majority of them are men who do not study the wishes of the people, nor the interests of the country.

451. In case the House of Assembly, or large bodies of the people should be of opinion that a public officer deserved impeachment, by what means could he be tried?—That I cannot answer.

452. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders, and other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—I think it very unfair.

453. Do you not consider the custom of pensioning the judges to a large annual amount by orders from the Colonial Office, out of the Upper Canada revenue and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—I do.

454. Is not the appointment of public officers and magistrates by an irresponsible executive government destructive in a great degree of the power of the people in the Constitution?—It tends very much to their dissatisfaction.

455. How can a bench of judges dependent on the Colonial Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties, in cases where a collision may arise, between the Legislative and the Executive Departments in this Colony, or between the British Statutes and the Provincial Laws?—I do not think they can.

456. What objections can be urged against a fair and equal representation of the qualified electors in the House of Assembly? Why should four townships in one part, with 4,000 inhabitants, send two members; and five or six in another part, as a Riding, with 15,000, send only one: this arrangement being based neither on extent of Territory, property, nor population?—I think the system of the representation unjust.

457. What mode would you recommend for the better government of the Post Office, and for allowing the control thereof to the Colony?—I should recommend the passage of a law by the Colonial Legislature.

458. Is not the tax on newspapers for the personal advantage of Mr. Stayner a strong ground of public complaint?—From what I have lately learned, it is.

459. Did not the Canada Committee of 1828 recommend that the whole public revenue should be under the control of the House of Assembly?—I have not seen that Report.

461. Does not a vast annual additional expense fall on the Province, owing to the continual rejection of bills of a general character sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, debated, and sent up by the House of Assembly?—There must be a great deal of expense and loss of time.

463. Has not the present irresponsible system of government in Upper Canada a tendency to discourage the emigration ot the more wealthy and enterprising class of emigrants into the Province?—To my knowledge the most wealthy of the emigrants go to the United States and reside there; they allege that they like the management of that country.

464. Has not the present irresponsible system of Government in Upper Canada a tendency to discourage the immigration of the more wealthy and enterprising class of emigrants into the Province?—I am fearful that it has that tendency, as a great number of wealthy emigrants settle in the United States, very many persons of large capital.

465. How many actions is it usual for the Bank to raise against a defaulter, whose note has two endorsers?—Generally three.

466. Have you made recommendations to His Excellency for fit men to be placed in the Commission of the Peace?—I never have.

467. Are the Justices of the Peace resident in your county chosen exclusively from one party in politics, or indiscriminately from respectable men entertaining various political opinions?—Most generally from men on the ministerial side, in politics, very frequently half-pay officers, and new comers not known to the people; which is a subject of complaint.

468. Are men chosen to fill the Commission of the Peace and the offices of the District who have been long resident in it, or are strangers more generally preferred?—Latterly I think they have been mostly new comers, and persons in whom the people have but little confidence.

469. What bank notes have the greatest circulation in your District?—I have an idea the Commercial Bank circulates as many as any, if not more in the District where I reside.

471. Have the monies arising from the sale of wild lands for assessed taxes, or from payment on such assessments on these lands, been prudently expended by the Magistrates in your District?—I am not sure; but think I have heard of some complaints.

472. Are the Common Schools in your District sufficiently numerous and efficient for the wants of the country?—I think not, generally speaking.

473. What is your opinion of the Canada Company?—I think they are a speculating body, who will yet do great injury by accumulating wealth; by draining the country of money and sending it to England.

474. Would not the British Constitutional system, by which the head of the Government is obliged to choose His Councillors and principal officers, from among men possessing the confidence of the popular branch of the Legislature be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of Government?—I am decidedly of opinion that it would, and be in unison with the wishes of the people.

475. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony, and the proceeds applied only according to law?—Certainly. I think so, by a well administered Government.

476. The undue preferences and exclusive privileges granted to certain religious denominations; are much complained of—would it not tend to strengthen good government if they were altogether abolished?—Yes, I think it would be well to abolish all invidious religious distinctions.

477. A very large sum of money, collected by direct taxation, is annually entrusted to the Magistrates, they being irresponsible to the public either directly or indirectly; would it not be more in accordance with the genius and spirit of the Constitution if these monies were placed under the control of persons appointed by the qualified electors?—I should think it would be more satisfactory to the people, to place the control in their hands.

478. What are your objections to the Legislative Council as now constituted?—I think the Members too often are regardless of the wishes of the people as appears by the frequent rejection of useful laws passed by the House of Assembly for their benefit, and if made elective, would be more likely to study the wishes of the country.

479. Do you not consider the custom of pensioning the Judges to a large annual amount by orders from the Colonial Office, out of the Upper Canada revenue, and without reference to the Provincial Legislature, destructive to the independence {76} of the Bench in a great measure?—I think the pensions allowed to superanuated, or retired Judges heretofore quite too large.

480. Are there not too many dependent persons and holders of office in the Legislative Council?—I think there are, to act independently, for the people.

The Hon. GEO. H. MARKLAND, Inspector-General of Public Accounts, Member of the Executive Council, and Member of the Legislative Council, called in and examined.

481. In the return made to His Majesty’s Government for 1834, upon information obtained, it is presumed from your office, we find that £550 sterling paid to the Methodists is withheld. Why has it been kept back?—It was inadvertently omitted in copying from the Warrant Book. As the authority for the payment was a despatch from Mr. Stanley and the money was accounted for by the Receiver-General in the accounts transmitted by him to the Treasury, there would be no want of information on the subject.

482. In cases where the different public accountants may have neglected to transmit their accounts periodically to your office for inspection, what steps have you taken?—I take whatever steps the law points out when they are controlled by the law. On other occasions, make it known to the Lieutenant Governor.

483. Would it not be desirable that the whole of your duties as Inspector General should be accurately defined by law?—It would be much more agreeable to me, provided it was consistent in every respect with my office, which of course is subject to the orders of the Lieutenant Governor.

484. What account have you to shew this Committee who are in arrear on leases, ferries, bonds, &c.?—The account, so far as I am concerned, has been transmitted with the public accounts, except in one or two instances where arrangements have been made with the parties, in order to save loss to the public.

485. Can you shew this Committee the detailed accounts and vouchers of the monies paid to the Methodists in 1833 and 1834, amounting to £2800?—The vouchers are the warrants in the hands of the Receiver General.

486. On referring to the Journals of 1833-4 (Appendix {77} page 19,) it appears that £284 15s 5¼d was due by Mr. Solicitor General Hagerman in a balance on his receipts as Collector of Customs several years before. How was that debt settled?—The Solicitor General claims a larger sum from government, which claim is now before the Council, and if allowed would be much more than a set off against that sum—it therefore would not have been accurate to state it as money likely to become available.

487. It appears by documents sent down to the House, that £795 18s 10½ and £143 13s 11½ £939 12s 8d sterling, were paid to Mr. Chewett (from the duties levied under 14th Geo. 3rd) in 1832 and 1833 because he had paid over that sum, or half his salary and emoluments from 1st November, 1829, to Mr. Hurd the present Surveyor General—why was this payment made, and when did Mr. Hurd commence his personal services in this country?—Reference to be had to the parties themselves.

488. Is the Lieutenant Governor obliged, in matters of state policy, to ask your advice as an Executive Councillor?—In some cases the law directs that he shall consult his Council, but not in others; with respect to the Land Granting Department he is required by the constitution to do so.

489. If he asks the advice of the Executive Council is he obliged to follow it? If he asks your advice and disagrees with you in opinion can he resist your suggestions and follow the dictates of his own judgment?—An answer to this question is contained in the reply of His Excellency to an address of the Assembly on that subject.

490. If the Lieutenant Governor sees fit may he not call for the opinion of any one, two, or three of the members of the Executive Council, without summoning the others?—The Lieutenant Governor is at liberty to take advice of any one of his Council when he pleases. When he takes their advice in Council, they are all summoned to attend.

491. If His Excellency receive Despatches from the Colonial Office, can he act on them as he sees fit without the advice of the Executive Council.—It depends upon the nature of the Despatches.

492. If he does ask their advice can he submit an extract of the Despatch to their consideration, or are all despatches and communications between the Lieutenant Governor and the Colonial Office, enregistered and open to the inspection of all the members of the Executive Council?—I do not answer that question.

493. Has the Lieutenant Governor the power of appointing honorary and ordinary members of the Executive Council?—No, the appointments are made by the King.

494. Have you read Mr. Elmsley’s letter, advertised in the newspapers in resigning his seat at the Executive Council Board, and are the statements contained in it susceptible of any explanation?—I have read the letter and have nothing further to state on the subject.

495. If the Lieutenant Governor should be desirous of paying away the revenue on his own responsibility, or with the advice of the Executive Council, without the sanction of law, what check is thereto prevent his doing so?—I think the question could be best answered by the Receiver General in whose charge the revenue is placed.

496. To whom are the Executive Councillors responsible for the advice they give the Lieutenant Governor at any time?—This question has been answered in the reply of His Excellency before alluded to.

497. In case the Executive Council had recommended a grant of land to be given to any person on petition, during the period when land was granted here, could the Lieutenant Governor refuse or confirm their decision, at his pleasure, or was he bound by their acts?—He could refuse or confirm as he pleased.

498. Referring you to the despatches of Sir Peregrine Maitland to Sir George Murray, printed by order of the House of Commons, and containing an account of certain circumstances arising out of a military outrage, alleged to have taken place at the Falls of Niagara, wherein the private character of Mr. Forsyth, the complainant, is assailed, a select committee of this House denounced as “conspirators,” and the House itself described to His Majesty as “an unprincipled faction”—the Committee wishes to know by whose advice and on whose responsibility these despatches were written?—I do not desire to answer that question.

499. Would not the British Constitutional system, by which the head of the government is obliged to choose his Councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—I do not desire to offer an opinion on this subject.

500. What are your objections to an Elective Legislative Council?—I have no desire to give an opinion on any general subject where the reasons for that opinion cannot be understood and recorded.

501. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty. What is your opinion of this mode of voting?—I decline giving my opinion upon that question.

502. Do you not consider the custom of pensioning the Judges to a large annual amount, by orders from the Colonial Office, out of the Upper Canada revenue, and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—I do not give any opinion on that subject.

503. How can a bench of judges, dependent on the Colonial Office for their customary retiring pensions, and independent of the House of Assembly, act impartially between the parties in cases where a collision may arise between the Legislative and Executive Departments in this Colony, or between the British Statutes and Colonial Laws?—I do not believe it would influence their decisions, and is certainly better than their being dependent on the people.

504. Do you think the Lieutenant Governors of themselves have a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as justices of the peace?—They may be possessed of it by making proper inquiries from the persons in those districts, and I have no doubt they do so.

505. In case the House of Assembly, or large bodies of the people, should be of opinion that a public officer deserved impeachment, by what means could he be tried?—The Governor might be addressed to remove him from office, and if it were just he could do so.

506. It is complained to His Majesty that sheriffs hold their offices in abject dependence on the will of a government irresponsible to public opinion; that they choose the grand and petit jurors without reference to their fitness, but often from political considerations; what remedy would you provide so as to secure to the subject a fair trial by jury?—They are now governed in their duty by the law, and the law may be changed whenever the three branches accede to it.

507. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads and bridges, and in aid of inland navigation, given to the public lands their greatly increased value, as compared with 1792?—Both circumstances have increased the value of those lands together with the increased demand caused by immigration.

508. Ought not the revenue arising from those lands to have been applied to the liquidation of the War Losses claims, instead of increasing the public debt and duties on imports for that purpose?—I have no reply to make to that question.

509. Do you know why the Province is paying £200 sterling a year to England as a pension to Sir D. W. Smith, a Northumbrian Baronet?—I take it for granted it is by an order from His Majesty’s Government.

510. If £200 was considered an equivalent provision for a surveyor general, on what principle was £400 lately granted as a pension to Mr. Chewett who merely held the office of acting surveyor general?—It is by an order from the King’s Government that pensions are assigned to the servants of the Crown.

511. Is it just that the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders, and other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and that the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for a performance of their religious duties?—I have no opinion to give.

512. Would it not be desirable that the Clergy and Crown Reserves and all reservations of land, otherwise than for education and roads, were disposed of for public purposes, under the control of the Legislature?—I have no opinion to give this Committee on those subjects.

513. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law?—I give no answer.

514. What check has the House of Assembly on the other branches of the Government, as a means of preventing executive usurpation of popular rights?—The constitution is quite as well understood by every person present as by myself.

514.* What influence have the Government pensions on the Catholic clergy of this Province?—These pensions convert some of them into politicians, and as Bishop McDonell is a pensioner himself and independent of the people, it makes him less anxious to promote the religion, of which, in this Province, he is at the head. I recollect on one occasion the Rev. Mr. Downey, an exceedingly intemperate man, was staggering through the streets, at noon day, intoxicated, coming from the hospital to Bishop McDonell’s house. I called the Bishop’s attention to it through the press; but nothing was done. I believe that the disputes between the Bishop and Doctor O’Grady had their origin in politics.

Prior to the Bishop’s return from his political mission through the Colony in 1831-1832, he left directions with Dr. O’Grady to call a public meeting of the Catholic people of this place to address His Majesty on behalf of the local Government; the meeting was called by the Inspector General, (Mr. Baby) and others and the requirement met with no support. The Bishop, on his return, expressed displeasure that Dr. O’Grady had not taken active means to insure the success of the meeting; he then called one himself. The Bishop sent for me that morning and requested that I would join him; I told him that I would attend no political meeting exclusively of Roman Catholics, apart from the rest of the population of the place; when he took me by the arm to endeavor to get me to attend, but I would not. From that time forward the Bishop’s manner was altogether changed, and I date from thence the commencement of all the hostility which has since existed between the Bishop and the Rev. Dr. O’Grady.

The Hon. and Ven. JOHN STRACHAN, D.D., Archdeacon of Toronto, a Member of the Legislative and Executive Councils, called in and examined.

515. What offices and places of emolument and trust do you hold under the British and Colonial Governments?—President of King’s College, no salary until the University shall go into operation—Archdeacon of York, and Senior Member of the Executive Council.

516. What sum is annually expended from public sources for education in this City? And how many children are there educated between 6 and 16?—There are about 1200 children in this town; but as to the expense of their education I have no knowledge.

517. What objections have you to the bill passed by the Assembly in the 10th Parliament, entitled, “An Act to establish Upper Canada College,” and intended to give a more liberal constitution to that public institution?—I have no recollection of the provisions of the bill.

518. What Board of Audit is there in the Province?—I believe it is generally known to every body.

519. Is the Lieutenant Governor obliged in matters of state policy to ask your advice as an Executive Councillor?—I refer you to the Constitutional Act.

520. If he asks the advice of the Executive Council is he obliged to follow it? If he asks your advice and disagrees {82} with you in opinion, can he reject your suggestions and follow the dictates of his own judgment?—I refer you to the Constitutional Act.

521. If the Lieutenant Governor sees fit, may he not call for the opinion of any one, two or three of the Executive Councillors without summoning the whole?—I cannot answer that question, because I do not understand its object.

522. If His Excellency receive despatches from the Colonial Office, can he act on them as he sees fit, without the advice of the Executive Council?—I have no answer to give to that question.

523. If he does not ask their advice, can he submit an extract of the despatch to their consideration, or are all despatches and communications between the Lieutenant Governor and the Colonial Office, enregistered and open to the inspection of all the Members of the Executive Council?—I cannot answer that question.

524. Has the Lieutenant Governor the power of appointing honorary and ordinary Members of the Executive Council?—The Mandamus of the King appoints, whether the one or the other.

526. Have you read Mr. Elmsley’s letter advertised in the newspapers on resigning his seat at the Executive Council Board, and are the statements contained in it susceptible of any explanation?—I have no hesitation in saying the statement was not correct.

527. If a Lieutenant Governor should be desirous of paying away the revenue on his own responsibility or with the advice of the Executive Council, without the sanction of law, what check is there to prevent his doing so?—I could not answer that question as it assumes a case of which I have no experience.

528. Sir P. Maitland gave a Warrant upon Mr. Dunn, on 27th March, 1826, for £141 14 8¼ for expenses incurred for hireing horses for him and his suite in visiting the settlements in the month of February previous. The order was given on the Casual and Territorial Revenue; can the Lieutenant Governors grant Warrants for sums not authorised by law, upon that Revenue?—I have no answer to give.

529. To whom are the Executive Council responsible for the advice they give the Lieutenant Governor at any time?—I do not answer that question.

530. In case the Executive Council had recommended a grant of land to be given to any person on petition, during the period when land was granted here, could the Lieutenant Governor {83} refuse or confirm their decision at his pleasure, or was he bound by their acts?—The Governor may or may not agree.

531. Referring you to the despatches of Sir P. Maitland to Sir George Murray, printed by order of the House of Commons, and containing an account of certain circumstances arising out of a military outrage, alleged to have taken place at the Falls of Niagara, wherein the private character of Mr. Forsyth the complainant, is assailed, a select committee of this House denounced as “conspirators,” and the House itself described to His Majesty as “an unprincipled faction;” the Committee wishes to know by whose advice and on whose responsibility these despatches were written?—I have no knowledge of the circumstance.

532. When did your Patent as Archdeacon of York issue?—I was made Archdeacon in 1824, but owing as I believe to the death of the Bishop and the appointment of a new one, and the difficulty of dividing the Province into two Archdeaconries, the Patent was not issued ’till 1826 or 1827.

533. Why do you speak of your salary as Archdeacon of York for 1825 in your letter of 3rd of March, ulto. to Colonel Rowan?—I was considered to be entitled to my salary from the date of my appointment.

534. The sum of £300 sterling appears to have been paid you when in England out of the Canada Company’s funds:—in one Return to the House of Commons, it is stated to be for services during the reference—in another to have been for expenses in attending the {blank} of agreement with the Canada Company:—in your letter of 3rd March you state that it was for your salary as Archdeacon of York in 1825—were two sums paid?—There was only one sum of £300 sterling, paid to me, and I understood it to be as I have stated in my letter.

535. Can you point out to this Committee any law of the Province establishing the Executive Council a Board to judge and audit the Accounts of public officers and others?—I believe that the Executive Council sat as a Board of Audit previous to the enactment of the Constitution and has continued to do so ever since.

536. Have your functions and salary as President of the General Board of Education ceased, and if so, under what authority, and who has succeeded to the emoluments and office?—I understood, that in consequence of an address of the House of Assembly that board was suppressed.

537. By what authority were the Statutes given out by contract in 1825, and after being well and cheaply done have ever since been given at a far higher price to Mr. Stanton?—I have no knowledge of that question.

538. [Witness is shewn the Official Return of bills from the Assembly lost in, or lost by amendments, from the Legislative Council, and asked] What change would you propose in the Legislative Council, so that it might better harmonize with the House of Assembly?—I cannot answer that question, for I do not understand it, unless it imply a change in the Constitution to which no loyal subject can consent.

539. Are there not, in your opinion, too many dependent persons and holders of office in the Legislative Council?—Certainly not.

540. What check would you propose against sudden, ill-advised, and injurious Legislation in the Imperial Parliament, on matters effecting the trade and commerce, and through them, the agricultural and general interests of the Province?—I do not feel competent to give any opinion on that subject. But this I know, that the parent state is ever ready to confer every benefit in her power upon her colonies, consistent with the general interests of the empire, and no colony can with justice expect more.

541. Was Mr. Appleton’s application for his proportion of the public monies, as a teacher in this city, unfavorably reported on to the Lieutenant Governor by His Council?—I have no recollection.

542. When you were absent in England 22 months did your salaries, emoluments, and advantages from office continue to be paid the same as when you were at home doing the duty?—The duties were performed at my own expense.

543. Does not a vast annual additional expense fall upon the Province, owing to the continual rejection of bills of a general character, sent up by the House of Assembly, rejected in the Legislative Council, and again introduced, debated and sent up by the House of Assembly?—I beg leave to state that the Legislative Council reject no bills without good reasons, and that body has always appeared to me to have made the good of the Province much more its study than the House of Assembly, and need fear no comparison in true patriotism, wisdom, and ability.

544. In what way can the popular branch of the Legislature influence the government so as to secure the appointment of proper persons as arbitrators, to decide on the proportions of revenue coming to Upper Canada from duties levied at the port of Quebec?—I do not answer that question, not understanding why one branch of the Legislature should have more influence than either of the other two; but experience proves that the arbitrators of this Province have always conducted the business with success and ability. What more can be wished?

545. Would not the British Constitutional system, by which the head of the government is obliged to choose his Councillors and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the country, if adopted in Upper Canada, than the present irresponsible mode of government?—I do not believe the government is an irresponsible one; the rest of the question is too vague to admit of a definite answer.

546. In what way is the government of this colony responsible to public opinion, as expressed by the representatives of the people in Parliament?—I could not answer that question otherwise than by saying, that the government is quite as responsible as any other government.

547. [The witness is shewn the Post Office Return, and asked] What mode would you recommend for the better government of the Post Office, and for allowing the controul thereof to the Colony?—I have not given the subject consideration.

548. In case public officers prove remiss in the performance of their duties, how or by what tribunal can they be tried?—I am not aware of any, but I think a court of impeachment, under proper regulations, would be of great use—I think the Legislative Council would be a proper tribunal for that purpose.

549. Do you not consider the custom of pensioning the Judges to a large annual amount, by orders from the Colonial Office, out of the Upper Canada revenue, and without reference to the Provincial Legislature, destructive of the independence of the bench in a great measure?—The Judges are rendered independent by law; but the law is deficient, in as much as it does not provide for a retiring allowance to the Judges, if therefore there be any fault it is in the House of Assembly.

550. Do you think Lieutenant Governors, of themselves, possess a sufficient knowledge of the inhabitants of the several districts to enable them to select judicious persons as justices of the peace?—Certainly I do, for they have the best sources of information, and are quite independent.

551. It is complained to His Majesty that sheriffs hold their offices in abject dependence on the will of a government irresponsible to public opinion; that they choose the grand and petit jurors without reference to their fitness, but often from political considerations: what remedy would you provide so as to secure to the subject a fair trial by jury?—I cannot answer that question, owing to its assumptions, which I do not admit.

552. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads and bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792?—It is an incidental advantage which gives them no particular claim.

553. Ought not the revenue arising from these lands to have been applied to the liquidation of the War Loss claims, instead of increasing the public debt and duties on imports for that purpose?—I would not answer that question, for I do not admit its correctness, as the Government have given large sums for that very purpose.

554. Ought not the whole public revenue to be paid in the gross into the exchequer or treasury of the Colony, and the proceeds applied only according to law?—I do not answer that question.

555. Does not the immense patronage of the local and general Government, uncontrolled as it appears to be by the House of Assembly, render nugatory in a great degree the efforts of the representative body to assert and maintain its constitutional independence?—Certainly not, for the members of the House of Assembly have been the chief office holders and the chief office expectants for the last thirty years.

556. The vote by ballot in elections is prayed for in many petitions both to the Assembly and to His Majesty; what is your opinion of this mode of voting?—Nobody would ask for the vote by ballot but from gross ignorance; it is the most corrupt way of using the franchise.

557. Is it just to the Baptists, Quakers, Menonists, Tunkards, Independents, Seceders, and other classes of Christians, whose spiritual teachers receive no share of the public revenue for their religious services, that the Clergy of the Kirk of Scotland, the Catholic Bishop and Clergy, and the Methodist Ministers should, without the sanction of the Legislature, have a bounty paid for the performance of their religious duties?—That question is not put in a way in which I could answer it.

558. The undue advantages and exclusive religious privileges granted to certain religious denominations are much complained of; would it not tend to strengthen good government if they were altogether abolished?—There should be in every Christian country an established religion, otherwise it is not a Christian but an Infidel country.

559. The Government of Upper Canada does not confine itself to maintaining one form of the Christian religion; it selects four particular denominations; and within the last two years appears to have paid them about £35,000, while the {87} other sects received no part of the public monies: do you think this was a just course?—The Government does so little in support of the Christian religion, that I am thankful they do this much.

561. Are you aware that the Legislative Councillors receive a far larger proportion of the taxes than they and their families contribute?—I have not the means of answering that question, for I am not aware of their receiving any share of the taxes whatever.

562. Do you think the local knowledge possessed by the Lieutenant Governors of this Colony generally, sufficient to enable them to nominate independent men, otherwise well qualified, to the office of Legislative Councillor?— I think the information is very open to them.

563. Has not the present irresponsible system of government in Upper Canada, a tendency to discourage the emigration of the more wealthy and enterprising class of emigrants into the Province?—Certainly net; the Executive Government does every thing to encourage emigration, but the slanderous newspapers make people at a distance believe that there are difficulties in the Province, and produce a contrary effect.

564. In your letter of the 3rd of March, to Colonel Rowan, in explanation of a payment of £500 or £524 sterling, made to you in London from the Canada Company’s fund, you state that it was to defray charges respecting King’s College; we are desirous to ascertain for the information of the House, the way in which this money was expended, and the particular items of expense incurred by you, for which this was your remuneration?—I have no further explanation to give than what my letter contains. The Colonial Department, under whose direction it was expended, was satisfied, and no part of the £500 remained with me.

565. On referring to public documents within our reach, we find that £324, and £524 sterling, and £712 16s 2d, and £678 6s 8d, and 2000 acres of land in the Gore of Toronto, were given or paid to you when in London or since, on account of your journey to England, or on matters therewith connected. It also appears that since the 1st day of January, 1826, you have received £2,250 as President of the Board of Education, up to January 1833; £2700 as Archdeacon of York, and £1000 as an Executive Councillor; besides sums “for dilapidations on your living;” for the gaol ground; for the “small strip rents,” Toronto; for the acre, formerly the Hospital Square, with other sums. For the information of {88} this Committee, and in order to prevent misrepresentations and misapprehension we are desirous that you would furnish the Committee with a statement of all monies or grants, as payments made to you, for any purpose whatsoever, since 1st of January, 1826, whether from Colonial Revenue, Crown Lands, the Society for promoting Christian Knowledge, His Majesty’s Government, rents of reserves, clergy grounds, glebe rents or uses, or from any other public source whatsoever, either here or in England?—For a complete explanation of the various matters contained in this question, I beg leave to refer to two letters addressed to Lieutenant Colonel Rowan; one bearing date the 31st January, the other the 3rd February,^[15] both are I believe in the possession of the Committee. In these will be found answers quite satisfactory to every honorable mind.

I must at the same time enter my protest against the manner of putting this question, which is evidently calculated to mislead the careless and ignorant, though I am willing to believe that such could not be the object of the Committee.

Various sums are mentioned, which were paid at different times, for great and important services, and items of annual income are multiplied by ten, as if I had received such large sums at once; whereas they are spread over the space of ten years, and ought, in common decency as well as in justice, to have been specified according to their annual amount, or one tenth part of that which the question makes them.

The Hon. PETER ROBINSON, Legislative and Executive Councillor, and Commissioner for the sale of Crown Lands, &., called in and examined.

566. How often do you account to the Inspector General for your intromissions as a manager of Public lands?—Half yearly for Crown Lands sold, and at the end of each year for the dues on Crown Timber.

567. Do you, as a Member of the Executive Council, audit your own transactions, in your several capacities of Crown Land Commissioner, Commissioner for the sale of Clergy Reserves, and Surveyor General of Woods; or are these accounts submitted {89} to no supervision whatever on this side the Atlantic?—I do not attend the auditing of my own accounts. In the first instance, they are sent to the Inspector General for examination, and by him submitted with his remarks to the Council, for audit.

568. Were the laborers under the late Mr. Roswell Mount’s superintendence paid for Sunday work?—Occasionally they were, as it was necessary that there should be no delay in preparing houses to shelter the Emigrants as they arrived, as well as to erect Store-houses, and an Hospital.

569. Could not the Surveyor General perform the duty you are paid £500 sterling for, under the title of “Surveyor General of Woods”?—I think the duties of the present Surveyor General occupy all his time.

570. Is the large number of Clerks in your office essential to the transaction of the public business entrusted to you?—They are all absolutely required. The House of Assembly having raised the salary of the Clerks in other public offices, the Clerks in my own petitioned the Governor in Council to be placed on the same footing; and I received an order directing me to make the additional allowance.

N.B.—The latter part of this answer was given in reply to a question respecting the increase of salary allowed to my Clerks.

571. Have not the resident settlers, by the improvements they have made, and the House of Assembly, by its liberal grants for roads, bridges, and in aid of inland navigation, given to the public lands their greatly increased value as compared with 1792?—Yes, no doubt.

572. Ought not the revenue arising from these lands to have been applied to the liquidation of the War Loss Claims, instead of increasing the public debt and duties on Imports for that purpose?—I decline answering that question.

573. Does not the immense patronage of the local and general government, uncontrolled as it appears to us to be, by the House of Assembly, render nugatory, in a great degree, the efforts of the Representative body, to assert and maintain its constitutional independence?—I decline answering that question.

574. Do you approve of the government paying, without the consent of the Assembly, for the religious services of four Christian denominations?—I decline answering that question.

575. Would not the British Constitutional system by which the head of the government is obliged to choose his Councillors, and principal officers from among men possessing the confidence of the popular branch of the Legislature, be more suitable to the wants and wishes of the Country, if adopted in Upper Canada, than the present irresponsible mode of government?—I decline answering that question.

576. Do you not consider the custom of pensioning the Judges to large annual amount, by orders from the Colonial Office, out of the Upper Canada Revenue, and without reference to the Provincial Legislature, destructive of the independence of the Bench in a great measure?—I am not prepared to answer that question.

577. Do you think the Lieutenant Governors of themselves possess a sufficient knowledge of the inhabitants of the various Districts, to enable them to select judicious persons as justices of the Peace?—The Lieutenant Governor has various sources from which to obtain information as to persons qualified to be Magistrates, among others, from the Members of the House of Assembly at their annual meetings.

578. In case the House of Assembly, or large bodies of the people, should be of opinion, that a public officer deserved impeachment—by what authority could he be tried?—I am not aware of any power vested in any tribunal here for that purpose.

579. It is complained to His Majesty, in petitions numerously signed that Sheriffs hold their offices in abject dependence on the will of a government irresponsible to public opinion, that they choose the Grand and Petit Jurors without reference to their fitness, but often from political considerations. What remedy would you provide so as to secure to the subject a fair trial by jury?—I have not given the subject sufficient consideration to enable me to suggest any better mode than the present.

580. Would it not be better that the sale and disposal of the public lands and other public property were in all cases regulated by law?—I see no objection to such a measure.

581. Ought not the whole public revenue to be paid in the gross into the Exchequer or Treasury of the Colony, and the proceeds applied only according to law?—I must decline answering that question.

582. Would not it be advisable that the Clergy and Crown Reserves and all reservations of land, otherwise than for education and roads were disposed of for public purposes, under the control of the Legislature?—I must decline answering that question.

583. What check has the House of Assembly on the other branches of the government, as a means of preventing Executive usurpations of popular rights?—I think the sum annually required from the Assembly to carry on the public service, is a sufficient check.

584. Has not the present system of government in Upper Canada, a{?} tendency to discourage emigration of the more wealthy and enterprising class of emigrants into the Province?—I do not think it has, hitherto.

585. The vote by ballot is prayed for in many petitions, both to the Assembly and to His Majesty; what is your opinion of this mode of voting?—I have always been opposed to the vote by ballot.

586. Would you favour the Committee with your reasons why you are opposed to it?—I am opposed to it on the ground of its not being in accordance with the practice pursued in the parent state, and from the conviction I feel that the vote by ballot does not afford any additional protection to the individual in the exercise of his right, as it is notorious that it is always well known to which party he gives his vote and interest.

587. Do you know why this Province is paying £200 sterling a year to England, as a pension to Sir D. W. Smith, a Northumbrian Baronet?—I do not.

588. Is the Lieutenant Governor obliged in matters of State Policy, to ask your advice as an Executive Councillor?—Only in cases where the 31st of the King requires that he shall act with the advice of the Executive Council.

589. If he asks the advice of the Executive Council, is he obliged to follow it. If he asks your advice and disagrees with you in opinion, can he reject your suggestions, and follow the dictates of his own judgment?—I decline answering that question.

590. If His Excellency receive Despatches from the Colonial Office, can he act on them as he sees fit; without the advice of the Executive Council? If he does ask their advice, can he submit an extract of a Despatch to their consideration, or are all Despatches and communications between the Lieutenant Governor and the Colonial Office, enregistered, and open to the inspection of all the Members of the Executive Council?—I decline answering that question.

591. Have you read the Hon. Mr. Elmsley’s letter advertised in the newspapers on resigning his seat at the Executive Council Board? The letter is as follows:—

Holland House,

York, December 3rd. 1833.

“SIR,

“In order to prevent any misconceptions as to the motives which have induced me to resign my seat in the Executive Council, I beg to be permitted to make your paper the channel through which my reasons for taking that step may be communicated to the public in their proper light. In the year 1830, His Majesty was graciously pleased, in compliance with the recommendation of His Excellency Sir John Colborne, to call me to the Executive Council of this Province. For that mark of His Majesty’s Royal favour and of His Excellency’s consideration, I feel highly proud and deeply grateful, but since I have assumed the duties of that high office, I find that I cannot fearlessly express my real sentiments and opinions, if opposed to the Government for the time being, without incurring the risk of dismissal, from that Honorable Board, which constitutes my inability to advance the public good. I have therefore deemed it expedient, most respectfully, but reluctantly, to tender the resignation of my seat in the Executive Council.

“JOHN ELMSLEY.”

Are these statements true?—A man may act quite independently, and retain his seat as an Executive Councillor.

592. What public accounts have the Executive Council been in the habit of examining and auditing of late years?—All the accounts of expenditure within the Province, except the monies appropriated by the Legislature for roads or other purposes.

593. What is your opinion as to the establishment of a general board of audit in this Province?—I think it would be advantageous.

594. [Bishop M‘Donell’s letter respecting the character of the Government, shewn to witness, who is asked] “Can you explain this letter in any way to this Committee?—No, I was not a member of the government at the period the writer alludes to.

595. Is any part of the judicial, ecclesiastical or civil establishment of this Province, defrayed from funds raised out of Upper Canada?—I know of no other than the monies arising from the interest of the proceeds of Clergy Reserves, remitted to England, and vested by the Lords of the Treasury in the funds.

596. Considering that you have chosen to decline answering a number of political questions on matters of opinion, rather than of facts, it may be proper to ask you, whether the Legislative Council, would not be more likely to harmonize with the House of Assembly, and would not its members be more independent were they unconnected with offices and emoluments held during the pleasure of the Executive?—I beg to assure the Committee that in refusing to give my opinions on certain political questions, I have not been governed by any captious motive, but that I have done so from the conviction that the confidential situation I hold under His Majesty’s Government, would make it improper for me to express such opinions in any other place, than where my duty requires I should.

597. In 1833, you are stated in the Blue Book, to have received £150 as Senior Clerk in the Crown Lands’ Office, and £150 as Secretary to the Corporation for managing the Clergy Reserves. The same authority for 1834, shews, that in that year, both your salaries were raised—the first to £200; & the second to 300; is this the case?—Did you receive £500 in 1834 for services similar to those for which in 1833 you had £300?—In May 1833, I was appointed Sec’y to the Clergy Corporation with a salary of £150 per annum, at which period I held the situation of senior clerk in the Commissioner for Crown Lands Office, with a salary also of £150 per annum, making £300 per annum. In 1834 in consequence of the great increase of business in the Clergy Corporation Office, I found it impossible to attend properly to the duties of both offices, and upon my representing the circumstance, it was ordered in Council, on the 3rd April, 1832, that I should attend entirely to the duties of the Clergy Corporation Office, and that I should receive a salary of 300 per annum. My salary therefore in the Commissioner for Crown Lands Office ceased on the 31st March, 1834.

Mr. HENRY PANNEBACKER, Farmer, Waterloo, County of Halton, Gore District, examined.

600. What has been the consequence?—3 lawsuits were begun and carried down to trial on one note by Clarke Gamble, Esq. the Attorney for the Bank. The note was for £50, the interest came to £3 2s 2d, and the costs to £30, although the parties whose names were to the note, lived close together, thirty miles were charged upon the service of each paper.

“The Bank of Upper Canada vs. Henry Pannebacker, John Gisgnik, and Abraham Pannebacker.
“30 miles charge upon the service of each paper.
“3 Suits and carried down to trial.

“Amount of note,	£50	0	0
“Interest,	3	2	2
	——	—	—
	£53	2	2
“Costs,	30	0	0
	——	—	—
	£83	2	2
“Cr. by cash	63	0	0
	——	—	—
	£20	2	2

“To be paid by 1st May at Hamilton, to Mr. Stevens.”

C. GAMBLE.

6th April, 1835.

601. What is the date of your appointment to the office of Surveyor General?—1st Nov. 1829.

602. When did you enter upon the duties of that appointment in this colony?—22d May, 1832.

603. Did you receive any salary, fees, or other allowances as Surveyor General, for the time that elapsed between the date of your appointment and the period at which your personal services began in this colony, as head ot your department?—And if so, what salary or allowance did you so receive, and by what authority?—I received six months pay in {94} full for the first six months after my appointment; and subsequently, half salary and emoluments to the time of my arrival in Canada. The authority, was an order from His Majesty’s Home Government.

604. It appears by documents sent down to the House of Assembly, that £798 18s 10½, and £143 13s 11½, sterling money, were paid to Mr. Chewett in 1832 and 1833, out of Fund A, otherwise known as the duties levied under the Act 14th Geo. 3d, without the knowledge or consent of the Legislature, because he had paid over those sums or half his salary and emoluments from 1st of Nov. 1829, to you; why was he called on to refund this money to you, and what were the services you rendered therefor?—The sum of £795 18s 10½d is the emolument as is stated arising to W. Chewett, Esq. as the pay of his official appointment as Principal Clerk, and senior Surveyor and Draftsman—with the half emoluments of the Surveyor Generalship. The £143 13s 11½d is similarly accounted for. The reason why that gentleman paid over the half of the salary to the Surveyor General, being the sum accruing during his absence from the Province, subsequent to his appointment, is explained by the despatch from the home government, already alluded to, expressing its pleasure and conveying its directions on that subject.

605. What was your income as Surveyor General in 1834, including all fees?—Six hundred a year, sterling, being a diminished income. Fees about £75 currency.

606. Some years ago a Committee of the inhabitants of this District held a correspondence through you (as chairman of a general meeting) with Lord Viscount Goderich, and other gentlemen of influence in England, and petitions were agreed to ^[16] and sent home. Have you preserved any of the letters addressed to you at that period concerning the affairs of the Colony?—I have the letters I received.

607. Would you have the goodness to lay them before this Committee?—I now present the same. [The Witness delivered {95} to the Committee three autograph letters, one from the Right Honorable E. G. Stanley, one from Mr. Hume, and one from Lord Viscount Goderich, which are attached to this evidence,] as follows: —

Whitehall Yard, April 24, 1829.

SIR,

I have the honor to acknowledge the receipt within these few days, of your letter of the 3rd of January, enclosing the Resolutions of a Public Meeting at York (which I had before seen in the Canada papers) and also of a Petition to His Majesty and the other branches of the Imperial Legislature. I have not yet received the original petition referred to, which the meeting have done me the honor of entrusting to my care for presentation to the House of Commons. I cannot therefore express any opinion upon the wording of that Petition, which must necessarily be in some degree varied from that of which I have received a printed copy, inasmuch as this, addressed to the King, contains recommendations and petitions upon various points intimately connected with the practical exercise of the undoubted prerogative. Replying therefore in some degree rather in the dark to the letter which I have had the honor of receiving from you, I may be permitted to say that you and the Committee do me no more than justice in supposing that whatever my ability may be, I shall always be happy to exert it to the utmost in the maintenance of the Constitutional rights of the Colonists, and in making known, and procuring the redress of any grievances of which they may have just cause to complain. In the exercise of that duty, on the other hand, I shall never shrink from expressing my opinion, when I think that their expectations go beyond those just rights, or when those supposed grievances are pushed beyond their proper limits; and in so doing I shall conceive that I best discharge my duty, not only as a Member of the British Parliament, but as a sincere friend to the real interests of the Colonists.

In the Petition of which I have received a printed copy, I am extremely happy to see that many of the evils complained of, and many of the suggestions for their remedy, had in fact been anticipated by the recommendation of the Committee of the House of Commons, of which I was a Member—a committee which received indeed very little evidence especially from Upper Canada, but which manifested universally as anxious a desire to come at the real truth, and to do impartial justice, as any committee upon which I ever had the honor of sitting.

With respect to the inviolability of the Constitution of 1791, and the limits of the respective jurisdictions of the imperial and Provincial Legislatures, a point most delicate to touch upon, and most difficult to define, the Committee have, I think, expressed themselves (Report p. 8.) in a manner which must be satisfactory to the Canadas generally.

Upon the subject of the Constitution of the Legislative Council, (which I do not hesitate to say, without any disrespect to or reflection upon the individuals who compose it, is at the root of all the evils complained of in both Provinces)—upon the exclusion of the Judges, with the single exception of the Chief Justice, from all interference {96} in political business—and upon the necessity of introducing some alteration into the present Jury system—the three most important points of your Petition, you will find that the opinion of the Committee entirely concurs with yours—and that opinion I am disposed to support to the utmost of my power.

The absence of the Judges, I am inclined to take upon somewhat different grounds. As a substantive proposition there cannot be a doubt of the propriety of the prayer of the Petitioners upon this head: and I should even go the length of saying, that it must not only be a “most reasonable” but a very urgent ground, which ought to be alleged for giving a leave of absence to a Canadian Judge.—It is because I think the proposition in itself so undeniable, that I regret to find it mixed up with a peculiar case, involving much of party, and much of personal excitement—I mean of course the removal of Judge Willis. Upon the limited information which I have obtained of this case, chiefly however from parties favorable to the Judge, I cannot help thinking, without expressing any opinion as to the legal construction of the disputed Act, and even admitting him to be right in his interpretation, that his mode of giving that interpretation, and subsequent conduct, is open at least to the charge of indiscretion; and necessarily placed the Government in a situation to have at least a fair excuse for his removal, if they desired it; and feeling this very strongly, I cannot but regret that this personal case should occupy so much of the space devoted to the constitutional grievances of the Province.

With respect to the appointment of the Judges during pleasure, and not as in England, during good behaviour, giving also the power of impeachment before the Legislative Council, I must acknowledge my belief that the circumstances of the colony do not at present warrant such a step, however anxiously I may desire to see the time when they may do so—but at present I conceive such independence upon the Crown would practically be dependence upon the people, more especially unless they hold permanent salaries, of which nothing is said;—and the very terms of the Petition seem to limit a future time, when they speak of the Legislative Council, “being so modified as to become an independent branch of the Legislature”—to such a modification I fear time, as well as Parliamentary enactment, or recommendation, may be wanting. In the meantime I highly approve, as a general practice, of the appointment of Judges from the English Bar—but I think it could hardly be made a general rule, without too much discouraging the legal profession in Canada—nor is it properly a subject for the interference of the British Parliament. The same objection may be urged to the agitation of several of the minor grievances complained of.

On the last, and one of the most important topics, namely the appointment of a Local Ministry, subject to removal or impeachment when they lose the confidence of the people, I conceive there would be great difficulty in arranging such a plan—nor are the wishes of the Petitioners very dearly expressed—for in point of fact the remedy is not one of enactment but of practice—and a constitutional mode is open to the people, of addressing for a removal of advisers of the Crown, and refusing supplies, if necessary to enforce their wishes.—I do however think that something might be done with great advantage, to give a more really responsible character {97} to the Executive Council, which at present is a perfectly anomalous body, hardly recognised by the Constitution, and effective chiefly as a source of patronage.

I ought not to conclude without acquainting you that as it is a breach of parliamentary forms to allude in any petition, to the speeches delivered by members in their places, the direct animadversions in your Petition upon the speech of Mr. Huskisson may, and probably will, be taken as a technical ground to prevent its reception: the debate however may equally be taken upon it, and I shall take an opportunity previously of communicating with Sir George Murray, that he may be prepared to state on that occasion the views of Government relative to the various points adverted to.

I have now, Sir, stated to you without reserve, though briefly, my general views of the different points of your Petition.—If I cannot entirely concur in all of them, I give you at least a pledge that I shall not be deterred by any considerations from expressing my real opinions, and from supporting your cause, when I can conscientiously do so, in Parliament, with whatever power I may possess.

I have only to express in addition my sense of the honor done me in confiding this Petition to my care, and my hope that nothing in my public conduct will forfeit the confidence reposed in me.

I have the honor to be,
  Sir,
    Your obedient humble servant,

E. G. STANLEY.

W. W. Baldwin, Esq.

York, U. C.

London, 1st May, 1829.

SIR,

On the 10th of April I received your letter of the 3rd of January, inclosing a copy of the Resolutions of a Meeting of the People of Upper Canada, and of a Petition agreed upon by them to the House of Commons.

I have not heard of the arrival of the Petition, but when presented by Mr. Stanley I shall be happy to support it as I concur in the prayer.

I am confident that much oppression and misgovernment takes place in the Colonies by the Government at Home being kept in ignorance of the truth, and the best mode to obtain redress is to apply to the Secretary of the Colonies direct, and to send to some Members of the Commons copies in form of petition to be presented if the Secretary does not afford relief.

The present Secretary Sir George Murray has, in his place in the House of Commons expressed the best opinions and principles on which he intended the Colonies shall be governed, and we are anxious to know whether his orders are to enforce those principles.

The Assembly in Upper Canada should agree to nothing which is not for the interest of the community and the proper controul over every item of expenditure should be the first and most important object for them to attend to. We understand that orders have {98} been sent out to make the College of Dr. Strachan open to all sects, and that it is to be also under a joint management of all sects of Protestants, and there is nothing the Canadians should be more cautious about than the encroachments of the Church of England to any thing like a dominant religion.

I have endeavoured to cut off the supplies of money voted by Parliament for the Church of England missionaries, but as yet without success.—I shall not cease to repeat my endeavours in that respect as I consider it most important to the peace of all the North American Colonies. We expect to hear that some changes have been made respecting your Council, and I agree with you that until these are responsible, and removable on the call of the people for abuse of power you will not be right.

Wishing every success to your endeavours, and trusting you will persevere steadily and moderately in the course you are pursuing to establish your rights.

I remain

Your obedient servant,

JOSEPH HUME.

W. W. Baldwin, Esquire, Chairman of a Public

Meeting at York in Upper Canada.

London, May 7th, 1829.

SIR,

I have to apologize for not having acknowledged, at the time when I received it, your letter of January 3rd, communicating to me the intention of a large body of the people of Upper Canada to entrust to me a petition addressed by them to the House of Lords. But as the letter which I then had the honor to receive from you, was not accompanied by the petition itself, I thought it would be better for me to wait till that document should reach me, before I troubled you with my letter.

I have now received the petition, and shall not fail to present it at an early period, to the House oi Lords. It is necessary however that I should state that I am not without some apprehension that there may exist a technical difficulty in the way of its reception, in consequence of its containing a direct reference to certain words supposed to have been used by Mr. Huskisson in the House of Commons during the last session. The Houses of Parliament are very particular upon this point, and I have known more instances than one where petitions have not been received in consequence of a similar reference to speeches made by members of Parliament. I shall however tender your petition to the House, which will of course decide whether it can be received or not. In the mean time I beg you, as well as those on whose behalf you have transmitted the petition to me, to believe that I am fully sensible of the honor which they have done me in selecting me as the channel of communication between so large a portion of the people of Upper Canada and the House of Lords. It cannot but be highly gratifying to me to learn that I owe this distinction to the manner in which, upon a particular occasion most interesting to that country, I discharged my duty as His Majesty’s Secretary of State for the Colonies; and I assure you that I retain an anxious desire to see that portion of {99} the King’s dominions flourishing, contented and happy. It will be my duty to give my best attention to the various important particulars adverted to in the letter which you have addressed to me, and in the petition which has followed it; and if in some respects I may not concur in all the opinions entertained by yourself and the petitioners, I venture to trust that you and they will be disposed to ascribe it to anything rather than indifference to the feelings or the interests of the Province of Upper Canada.

I am of course not in possession of the sentiments of His Majesty’s Government upon the various matters to which the petitioners wish the attention of Parliament to be called: but the Committee which sat during the last session have upon many important topics expressed opinions which appear to be much in unison with those entertained by the Colonists, and which have doubtless already attracted the notice and consideration of the Government. The appointment of that Committee, and the extent to which they carried their investigations, are strong proofs of the ready disposition of the government and the Legislature of the parent country to watch over the concerns of so important and valuable a dependency of the Crown, which requires nothing but a wise, just, and liberal administration of its affairs, to secure to its inhabitants that encreasing prosperity which from its great, natural resources it is entitled to anticipate; and if in any way I can contribute to the promotion of so interesting an object, it will always be a matter of great personal gratification for me to do so.

I have the honor to remain
  Sir,
    Your obedient humble servant,

GODERICH.

W. W. Baldwin, Esq.

To the King’s Most Excellent Majesty (and to the several other branches of the Imperial and Provincial Legislatures.)

We, your Majesty’s dutiful and loyal subjects, inhabitants of Upper Canada, are constrained by the most painful necessity to appeal to the justice of your Majesty against the mis-rule of the Provincial administration, and humbly to point out to your Majesty the alarming increase of our grievances, and the necessity of their redress, as they become more and more inveterate from the patience with which we have hitherto endured them. We offer our warmest thanks and gratitude to your Majesty for appointing to be a judge over your Canadian people, the Hon. John Walpole Willis, whose private virtues and acknowledged learning, blended with high and uncompromising principles, uniformly evinced in the impartial discharge of his judicial duties, have already endeared him to the country, as one of its greatest blessings, and as affording to the people the most flattering presage of a new era in the administration of justice—of this blessing we have been unconstitutionally deprived, and misrule has at length become so bold, and power so indiscriminate of its victims, as to spurn from the judgment seat {100} the honorable Mr. Justice Willis, who there presented what has long been wished for but seldom seen, the stern and fearless integrity and independence of a British judge. Such judicial integrity and independence are alarmingly endangered when such a judge, without impeachment and even without a charge, can be so ignominiously amoved from this high office.

Although we entertain the fullest confidence in your Majesty’s desire to promote the happiness and protect the rights of British subjects throughout your ample and glorious dominions, yet our hopes of speedy redress are not a little discouraged, by a knowledge that while we, on our part, open to your Majesty the abuses and oppressions growing upon us, the very persons we accuse are pressing through other channels, affording a more favorable access to your Royal belief, those interested misrepresentations, which are designed both to promote misrule, and protect the authors of it; for it cannot be forgotten that misrepresentations from such sources have already recently endangered our civil and religious liberties and cruelly vilified and traduced the fair characters of the dissenting denominations of Christians in this Province. And the impending consequences of such secret misrepresentations are further apprehended from the tenor of the speech of the Right Honorable Wm. Huskisson, your Majesty’s principal Secretary of State for the Colonies in the Imperial House of Commons, as reported in some of the public prints.

Notwithstanding defects in the law defining our Constitution, we are, nevertheless warmly attached to it, and view with just fear every attempt to amend it, without the intervention of our Provincial Legislature which is the constituted guardian of our rights and liberties, and which, considering the great distance of the Imperial Legislature, can best understand our necessities and apply the proper remedies. It has long been the source of many grievances, and of their continuance, that the Legislative Council is formed, not of an independent gentry taken from the country at large, but of Executive Councillors and placemen, the great majority of whom are under the immediate, active, and undue influence of the person administering your Majesty’s Provincial government, holding their offices at his mere will and pleasure. Hence arises in a great measure the practical irresponsibility of Executive Councillors and other official advisers of your Majesty’s representative, who have hitherto with impunity both disregarded the laws of the land, and despised the opinions of the public. From the impunity with which the greatest abuses have hitherto existed, and the difficulty in such a state of things of applying an efficient remedy, most of our grievances have taken their origin and growth.

First, The rejection by the Legislative Council, of the most salutary measures passed by large majorities in the House of Assembly, and much desired by the people.

Secondly, The frequent want of a casting voice in the Court of King’s Bench in this Province, owing to the illegal absence of the judges, especially of the Chief Justices, as well on distant journies out of the Province, as on attendances on the Legislative and Executive Councils.

Thirdly, The undue influence which the mingled duties of Legislative and Executive advice have on the judicial function.

Fourthly, The assumption of a power by the Executive to appropriate a large portion of the revenue and other monies, raised from the sale of land and otherwise in the Province, independent of the will or sanction of the Assembly.

Fifthly, The extravagant augmentation of salaries, offices and public expences, quite disproportioned to the state and circumstances of the Colony.

Sixthly, The confinement of public prosecutions of offences to the sole conduct of the Law Officers of the Crown in the Colony, embarrassing private prosecutors in this small community, where the influence of politics and family connexions, is so injuriously felt.

Seventhly, The retaining in public offices and the introduction into the same of persons who notoriously ought to be excluded.

Eighthly, The want of carrying into effect that rational and constitutional control over public functionaries, especially the advisers of your Majesty’s Representative, which our fellow subjects in England enjoy in that happy country.

Tenthly, That sheriffs, coroners, and other public officers hold their offices during pleasure, and not during good behaviour, or otherwise as in England.

Eleventhly, That the supreme judges of the land hold their offices during pleasure, and are subjected to the ignominy of an arbitrary removal.

Wherefore we humbly entreat for the interference of your Royal prerogative to favor our exertions to correct the grievances under which we labor.

We humbly suggest that the Legislative Council should be increased in number, of whom, a small proportion only, strictly limited by law, to be permitted to hold or enjoy any place of emolument or profit under the Government, or to be members of the Executive Council.

Secondly, That the Judges of the Court of Kings Bench, be not Legislative Councillors, nor Executive Councillors, nor Privy Councillors, in any respect in the Colony.

Thirdly, That the Judges shall not be permitted to absent themselves from the Province, but on the most reasonable cause and with leave obtained as prescribed in the British acts relative to Colonial Officers.

Fourthly, That the Judges be made independent as in England, holding their offices not as at present in this Province but during good behaviour to be inquired into, by impeachment alone, in the Provincial Parliament, before the Legislative Council, when that body is so modified as to become an independent branch of the Legislature.

Fifthly, That for some time, at least, till the Province affords an adequate source of legal and constitutional education, the Judges be appointed from the bar in England.

Sixthly, That a Legislative Act be made in the Provincial Parliament, to facilitate the mode in which the present constitutional responsibility of the advisers of the local Government, may be carried practically into effect; not only by the removal of these advisers {102} from office, when they lose the confidence of the people, but also by impeachment for the heavier offences chargeable against them.

Seventhly, That our present Jury System be amended by a new law whereby the jurors to be impannelled may be more equally selected from the country and less at the mere nomination of the sheriff or his officers; such new law to extend both to grand and petit jurors.

Having thus under the pressure of the present crisis hastily concentrated our most pressing grievances, and humbly prayed for the royal aid of your Majesty’s prerogative in providing appropriate remedies, we your Majesty’s dutiful and loyal subjects cannot omit again to bring under your Majesty’s serious notice as indicative of the necessity of a change of men and measures, the recent violent and unconstitutional removal from office of the Hon. John Walpole Willis, a public wrong, calling more and more loudly for our most earnest remonstrance to your Majesty, and strongly elucidating the injurious character of the policy pursued by the present Provincial administration.

Such was the apprehension of the practical bad consequences of the King’s Bench being without a casting voice, that previous to Easter Term last, a memorial was addressed to His Excellency, pointing out, in some respects, the failure of justice in such a state of things, and requesting His Excellency to suspend his leave of absence, to the Chief Justice, whose departure from the Province was at that time publicly spoken of, even until after the approaching term. His Excellency, however, did not think proper to do so, and the evil consequences anticipated have been realised. During the terms of Michaelmas and Hilary, last past, with a full Bench, there was not fewer than ten cases wherein differences in opinion arose amongst the judges on important points, and in Easter Term, during which the Chief Justice was absent, the two Puisne Judges were divided in opinion, in six several cases. In such a state of things, substantial justice cannot be said to be administered. The Provincial law wisely enacts that your Majesty’s Chief Justice of this Province, together with two puisne Justices, shall preside in the Court of King’s Bench. And as a diversity of opinion has, in many important points, unhappily prevailed among the judges of that Court, which is the only one of superior jurisdiction, and from which in the vast majority of cases, there can be no appeal, the importance of maintaining that Court, as organized by law, becomes the more urgent, and the violation of that law productive of the greater evils.

Under these circumstances, we feel that the Hon. Mr. Justice Willis deserves the approbation and confidence of all good men, for withdrawing from the Court House, under a conscientious conviction in his own breast, that he could not administer justice according to law, while the Court was not constituted as that law required.

Sensible as we are that the appointment of Judges, esteemed by the people for their learning, and beloved by them for their virtues, is in every Colony so blessed, the most conclusive evidence of the health of the great body politic, so do we feel that this deliberate, violent and unconstitutional removal of Mr. Justice Willis, depriving us {103} of the benefit of his honourable and conscientious services, is a grievance of such magnitude as requires your Majesty’s paternal interference; and this evil we feel the more serious, because it furnishes the present provincial administration, with an opportunity of placing upon the judgment seat, a man labouring under those prejudices of family connections and party feeling from which Mr. Justice Willis was necessarily and happily free, a person withal very inferior to that gentleman, in education, in talents and in legal knowledge. While strongly feeling this injury, your Majesty will, we beseech, hear our complaint of the conduct of the Hon. Mr. Justice Sherwood, who, in the absence of the Chief Justice, and of Mr. Justice Willis, proceeded alone to exercise all the powers of your Majesty’s Court of King’s Bench; and yet abstained from offering any justification for such assumption, for the satisfaction of the Public, although requested to give to the Bar his legal reasons for such a course. He had at that time vacated his office, by absenting himself from the Province, without the leave prescribed by law.

We should omit a matter of the first importance to the happy conduct of our civil affairs, did we forbear to mention to your Majesty, with all the delicacy becoming us, when referring to the exercise of your Royal Prerogative, the total inaptitude of military men, for civil rule in this Province.

The almost constant absence of your Majesty’s Representative from the seat of Government, where almost daily is required his assiduous superintendence over public affairs and public functionaries—his total unacquaintance with the inhabitants of the country, with the exception of those whose official occupations place them about his person, whereby he can be but ill-informed of the true state of the country, or of the condition or wants and wishes of its people—the charge of disloyalty against those who question the policy of the present administration—a system of espionage spreading from the seat of Government, over the face of the country—a threatened degeneracy in the state of society, endangering, by the insidious operations of those morbid causes, that public feeling truly British and yet happily alive in this colony—the undue influence over electors in many ways, but especially by the issuing of patents granting land, sent into the country, in profusion, to be distributed by candidates acceptable to the present Provincial administration—the acceptance of office by Members of the House of Assembly, without vacating their seats, as is the necessary consequence in England, and the almost mortal violence offered to the Constitution by the exercise of worse than military rule in the intimidation of the more dependent members of the Legislative Council into the views of the Administration, at the peril of their offices, as was exposed in the testimony of the Honorable Wm. Dixon and the Honorable Thomas Clark, in their evidence before a committee of the House of Assembly, during the last session of the Provincial Parliament. Wherein, we your Majesty’s faithful and loyal subjects, being greatly aggrieved, most humbly, most earnestly, and confidently pray your Majesty, for redress as far as such redress lies within your Majesty’s constituted power. And as an object filling us with peculiar solicitude, we do most earnestly importune your Majesty, that you will be graciously pleased to restore {104} Mr. Justice Willis, to the honorable situation to which your Majesty had appointed him, and thus protect your Majesty’s royal choice, your faithful Judge, and us, your loyal subjects, from the wrongs that arbitrary rule in the Provincial Authorities, unchecked, would assuredly inflict.

I am directed by the Lieutenant Governor to transmit to you for the information of the Committee of the House of Assembly of which you are Chairman, the annexed copy of a communication to the Secretary and Registrar of the Province.

I am directed by the Lieutenant Governor to acquaint you, that if the Committee of the House of Assembly require the Office Copies of the Blue Book for 1833 and 1834 to be sent to the House, you will comply with their request, or afford them such information as they may be desirous of obtaining. The Books, however, must be returned to your office at the close of the Session.

I have the honor to acknowledge the receipt of your letter of yesterday’s date, and in compliance with His Excellency the Lieutenant Governor’s command, and the request contained in your letter, now send you by your Messenger, the office copies of the Blue Book for the years 1833 and 1834.

I am directed to acquaint you in reply to your letter of yesterday, that the Lieutenant Governor has, in every instance complied with the Addresses of the House of Assembly respecting the Public Accounts, and you are probably aware that the Inspector General has been directed by His Excellency to afford the House any information they may require relative to the receipts and expenditure of every department.

The documents applied for in the Address of the 17th ultimo, and transmitted to His Excellency some days after that date, have been directed to be prepared, and will be forwarded to the House so soon as they are received by him.

The Receiver General has sent in the duplicates of the warrants and accounts, but there are other departments and persons which are not able to furnish the information applied for, without being allowed some time to prepare it.

I have procured for you the printed papers relative to Forsyth’s case, which as they do not belong to this office, I request may be returned.

The “Blue Book” of 1833, returns (to England) 61 Regiments of Militia, 1754 officers, 1672 non-commissioned officer, 48 drummers, and 34,674 rank and file, among whom are included, 18 troops of cavalry and 5 companies of artillery.

The same authority for 1834, returns to His Majesty’s government, 63 Regiments of Militia, comprising 1772 officers, 1610 non-commissioned officers, 62 drummers, and 36,055 rank and file. In this statement are included 18 troops of cavalry, and 5 companies of artillery, both these forces being attached to Infantry Regiments.

Exclusive of these, three patents passed the great seal for grants to the Canada Company for 55,932 acres.

Among the grantees who had upwards of 500 acres each granted to them this year, we find the names of Wm. J. Kerr for 1800 acres; Arthur Gifford (Government Office) 800 acres; E. A. Walker 1,000 acres; Wm. Campbell 600; Cheeseman Moe 800; James Muirhead 600; Wm. Phillips 600; F. Raynes 600; Owen Richards 800; Elmes Steele 800; John Thompson 800; Andrew Drew 680 acres.

“The total quantity of surveyed lands remaining ungranted is 1,527,164 acres, exclusive of 302,420 acres, given over to Col. Talbot for settlement, no return of which has been made to the Surveyor General.”—Blue Book, 1834.

Of the grants over 500 acres, made in 1834, there were 600 acres to Wm. Allan; 1200 to D. T. Broeffel; 532 to M. Burwell; 1000 to I. Buchanan; 1000 each to D. & R. Campbell; 800 to D. Cameron; 800 to Eliz. Clench; 800 to Henry Jones; 1300 to C. S. Monk; 1800 to Thomas Nichol; 786 to Rev. A. Palmer; 600 to T. Rolph; 750 to Wm. Smart.

The lands given over to Col. Talbot for settlement were composed of 131,130 acres in the London District, and 171,290 acres in the Western District.

Enquiry was made respecting the delapidation monies of Dr. Strachan, but he would not give the details, the Lieutenant Governor withheld all the Blue Books previous to 1833 from the House, although in its address it was stated that they would be carefully returned, nor could the Committee obtain them on applying to His Excellency through his Secretary.

The following are the official returns for the year 1834 for all the settled parts of Upper Canada:

Increase in number of acres of cultivated Lands, in 1834 over 1833, only 14,563.

This is exclusive of the Post Office Revenue, a balance of which is sent to England, as shewn in the second Report from this Committee.

I have the honor to enclose you, agreeably to the request contained in your letter of the 20th instant, received yesterday, {111} a statement and designation of the various funds in the Receiver General’s Office.

I am directed by the Committee on Grievances to request that you would send down a statement for its information of the balances that are now in your hands, on the following auxiliary Funds, viz. C, F, I, and W, as also what balance is now on hand on Fund G, and what payments have been made from that fund since the last account was sent down to the House, dated the 5th {112} 0f October 1831, at which time there appears to have remained on hand £1,005 11 1¾.

In reply to your letter of this day’s date requiring the balance on the 31st December last, in accounts C and F, I beg leave to state that Fund C has no balance, it is a schedule containing a detail return of all the fees, on grants of land under all regulations made by the Executive Council and incorporated in account K, (Casual and Territorial Revenue) to which account I beg to refer you to its credits.

Account F has a balance of £540 3 4¾ (five hundred and forty pounds three shillings and four pence three farthings) auxiliary, or connected with the Casual and Territorial Revenue.

If it is the wish of the Committee to obtain the balances in the funds as they at present stand, it will take some time to prepare—the expenditure is about £20,000 over the whole of the receipts to this period.

On referring to the despatch of the Secretary of State, I find that the fullest information may be obtained of all Royal Revenue.

Your letter is silent with respect to the inquiries made by the Committee as to the application of the balance which remained of Fund G. after the last account was sent down to the House of Assembly, I think in 1832, the accounts then shew a balance but no subsequent account shews what became of it.

Your letter is also silent as to the balance now in your hands on Fund W, (War Losses) and as to what was done with any balances {113} of appropriations to the War Losses, whether from British or Colonial Revenues, which were not called for by the parties, and the amount of such balances.

If you cannot give the information required on these points it will greatly oblige me if you would in a letter to the Committee state that it has been refused.

In reply to your letter of this day’s date I have the honor to acquaint you, that the balance alluded to in account C was transferred to Account A in October 1832, both of which funds being applicable to the same objects, viz. “The Administration of Justice and Support of Civil Government,” and which became obsolete by the act granting certain permanent salaries—Fund C has therefore no balance, and account A has been furnished to the Honorable the House of Assembly.

The present balance in W (War Losses) amounts to about £300 (three hundred pounds) and there still remains to be paid to the sufferers, on the last dividend about £3,000.

The balance which remained on the two first dividends, was paid some years ago into the military chest by order of the Right Honorable the Lords Commissioners of His Majesty’s Treasury.

On the 31st December last, there was in the hands of the Receiver General, of the several funds under his charge—

Table of salaries, fees and emoluments which have been paid out of revenues raised from the people of Upper Canada.

The names distinguished by a star prefixed are those whose returns of income are selected by the committee from the Blue Book for 1834.

Some of the Postmasters omitted in the above list are named in Mr. Stayner’s return to England in 1832 and 1833. As that officer has withheld as yet the information required this session, by the House of Assembly, we have selected the following names and sums from his former return for 1830. There are about one hundred other Postmasters in Upper Canada whose names and emoluments are to us unknown, but they all enjoy besides their percentages or other income, the franking privilege, and may be severally removed at the pleasure of the Deputy Postmaster General at Quebec, or the authorities during whose pleasure he holds office.

There is a numerous class of officers not directly appointed by the Government, but who, from the very nature of their situations and duties, are under its indirect influence—such as Officers on Canals, &c.

Amount of Pensions paid out of the Public Revenue, raised in Upper Canada, no part which has been authorised by any vote, either of the Provincial or Imperial Parliaments.

This gentleman was the Private Secretary to one of the Lieutenant Governors of Upper Canada, and afterwards got 302,420 acres of land (472½ square miles) to settle in the London and Western Districts. How he has settled it, or what he has done with the monies he received, is not known at the Surveyor General’s office, but he has received a pension or allowance of £444 a year, out of the proceeds of our public lands sold to the Canada Company, and has obtained already from that source, nine years’ pension, or £4,000, Some information on this head is promised by His Excellency, in answer to an address reported by this Committee.

The amount of cash received by Archdeacon Strachan from the 1st day of January, 1826, to the present time out {124} of the public revenue of this Colony so far as we have been able to trace it from any official source is as follows:—

In consequence of the refusal or delay of the Lieutenant Governor to send down to the House the Blue Books for 1824, 1825, 1826, 1827, 1928, 1829, 1830, 1831, and 1832, and of Archdeacon Strachan’s refusal to give the detailed account required of him (See his evidence) the Committee are unable to state the whole of Dr. Strachan’s receipts from the {126} public. It is understood there are other payments for dilapidations on his living, &c. &c., but the Committee cannot ascertain the amount.

Amount of Salary and Allowances paid to the Lieutenant Governors of Upper Canada, since the 1st day of January 1827, out of the Public Revenues raised from the people of Upper Canada.

The Income of Major General Sir John Colborne, in 1834, from all Public sources, is thus stated in the Blue Book:—

Until 1827, the Salary of the Lieutenant Governor was paid in England by vote of the Imperial Parliament; and as he is, in fact, the Agent of the Colonial Office, the Province ought not to be obliged to pay him L.4,000 per annum.

Payments to the Honourable Duncan Cameron, Secretary and Registrar, since 1st of January, 1827.

And it appears within the last eighteen months, the Executive Council have audited his claim to several hundred pounds more as extra fees, within the last two years.

Payments to the Honourable John H. Dunn, Receiver General, since the 1st of January, 1827.

It appears that L.1776 of this money arises from the very objectionable mode of paying public officers by a sinecure; that is, an office with no duties attached. Mr. Dunn’s Income, as a whole, however, is lower than that of officers having far less important duties to fulfil.

Clergy paid by Government, without the consent, and in opposition to the wishes of the House of Assembly.

The official returns made up at the office of the Honorable Duncan Cameron, Secretary of the Colony, exhibit the following amounts of payments in cash to the Clergy of Upper Canada during the last three years, from funds raised from the people of the colony:—

The official details of the expenditure for 1833 and 1834, so far as they could be obtained, will be found in the statements sent down to this Committee by order of His Excellency on the 2d of April instant, all which are hereto annexed.

With reference to your letter of the 28th ultimo, I am directed by the Lieutenant Governor to transmit for the information of the Committee on Grievances, the accompanying documents relating to the payments made to the Clergy of various Churches, and also for erecting and repairing places of divine worship for the years 1833 and 1834.

An explanatory letter from the Inspector General, respecting the omission in the Blue Book, of the sum of £550 paid to the British Wesleyan Methodists in 1834, is annexed for the information of the committee.

His Excellency desires me to mention, that the committee will {130} observe from the accounts furnished by the Receiver General, that half yearly statements are transmitted by the Receiver General through the Lieutenant Governor, to the Secretary of State, of the receipts and expenditures of the Crown Reserves.

Extract of a Despatch from the Secretary State for the Colonies to the Lieutenant Governor.

“And considering the heavy charges to which the Casual Revenue will for some years be subject, I am compelled to desire, that the grant in aid of the erection of Dissenting places of worship shall continue to be £2,000 instead of £4,200.”

I am directed by the Lieutenant Governor to forward to you the accompanying remarks from the Chairman of the Grievance Committee and two extracts from an address of the House of Assembly, and to request, that the committee requiring information on certain accounts may be afforded such explanations as will shew the statements, in which the sums granted to the Ministers and Churches of each denomination are to be found.

With the accounts of the Casual and Territorial Revenue were forwarded, a nominal list of the Clergy of the Church of England receiving salaries, and the amount ot salary of each.

I am also to acquaint you, that as the committee complained, that they have not received all the information they required, His Excellency begs that you will report why you have not furnished the accounts applied for, as a copy of the address was transmitted to you.

In reply to your letter of the 30th inst. transmitting a communication from the Chairman of the Grievance Committee, together with two copies of addresses to His Excellency on the subject of appropriation made from the funds of the Casual and Territorial Revenue, &c. to the various denominations of Clergy, and for building Churches, &c. for the years 1833 and 1834—I have the honor to state for his Excellency’s information, that the account already furnished will shew the sums paid with all the information in my power to afford. In order therefore, that it may be more clearly understood, I beg to enclose statements of the amounts paid by me under his Excellency’s warrants, authorised by his Majesty’s Government in England during these two years, together with copies of such lists of the Clergymen of each denomination, and for building Churches.

As his Excellency desires me to report why I have not furnished the accounts applied for agreeably to the address of the Commons House of Assembly, I have to remark, that I forwarded on the 28th of February last, a full and complete set of accounts of the Casual and Territorial Revenue, together with the instalments from the Canada Company, from the years 1827 to 1832 inclusive,—and the Assembly were furnished previously with a statement of those funds for 1833 and 1834.—The warrants issued by his Excellency for and on account of the Catholic Clergy have always been in favor of the Bishop, and paid in one sum to that gentleman, with the particulars I am not acquainted, nor am I informed of the number of Clergymen who participate in the same—all public money of every description is taken from the Receiver General by warrants, whose duty it is to see that the demands are duly authorized,—and when the money is paid to the parties named in the warrants, the Receiver General has nothing more to do with the transaction, but to obtain such vouchers as will enable him to prove the payments and satisfy the rigid examination of the Board of Audit in London. I can assure His Excellency that there is no desire to withhold any information required from the department entrusted to me, and I have always used every exertion, with the assistance in my office, to compile from the Public Accounts as much information, and to supply statements, &c. with as much expedition and accuracy as in my power, and circumstances admit of.

Statement of Payments made to the Clergy and Churches of different denominations in Upper Canada under Warrants of His Excellency the Lieutenant Governor, during the year 1833.

In the Public Accounts of 1833, there is a charge for salary to the Bishop of Quebec. It has since been refunded by the Bishop and re-credited in the Public Accounts in the year 1834—consequently that charge is omitted in this statement.

List of the Clergy of the Church of England in the Province of Upper Canada 1st July 1833.

List of Ministers of the Established Church of Scotland in Upper Canada—1st January & 1st July, 1833.

List of Clergy of the United Presbyterian Synod of Upper Canada—January to June 1833.

Schedule of Monies paid to Roman Catholic Churches out of the sum authorised by His Majesty’s Government to be expended on Roman Catholic churches and chapels in this Province, during the year 1833.

EVIDENCE.

Thursday, 5th day of February, 1835.
	Page.
Lieutenant Colonel William Rowan, Secretary to the Lieutenant Governor,	1
Elias Moore, Esquire, M.P.P. for the County of Middlesex,	8
James Wilson, Esquire, M.P.P. for the County of Prince Edward,	11
Very Reverend William John O’Grady, B.D. Toronto,	16

Friday, 6th day of February, 1835.
John Johnson Lefferty, Esquire, of Stamford,	20
William Dunlop, Esquire, Warden of the Forests to the Canada Company,	22
Colonel A. G. W. G. Van Egmond, of Ross—Huron Tract,	26

Saturday, 7th day of February, 1835.
Very Reverend William John O’Grady, B.D.—Toronto,	28

Tuesday, 10th day of February, 1835.
James King, Esquire, Barrister at Law—Toronto,	42
Colonel Alexander Chisholm, M.P.P., for the County of Glengarry,	44
Reverend Angus McDonell, Cure of Sandwich,	49
Thomas Dalton, Esquire, Editor—Toronto,	51

Wednesday, 11th day of February, 1835.
John Brown, Esquire, M.P.P., for the County of Durham,	52

Friday, 13th day of February, 1835.
William Buell, Esquire, of Brockville,	55
Very Reverend William John O’Grady, B.D., Toronto,	58

Circular Questions, numbered 1st, 2nd, and 3rd, put to the respective Members of Assembly, as to Polling Places at County Elections.

The Answers thereto of
Doctor W. Bruce—Co. Stormont, to Question 3rd,	62
John Bower Lewis, Esquire—Co. Carleton, to Questions 1st and 2nd,	ib.
Dennis Woolverton, Esquire—1st Riding Co. Lincoln, to Questions 1st and 3rd,	ib.
Thomas Parke, Esquire—Co. Middlesex, to Questions 1st, 2nd and 3rd,	ib.
J. A. Wilkinson, Esquire—Co. Essex, to Questions 1st and 3rd,	ib.
Nathan Cornwall, Esquire—Co. Kent, to Questions 1st and 3rd,	ib.
F. L. Walsh, Esquire—Co. Norfolk, to Questions 1st, 2nd and 3rd,	ib.
Thomas McKay, Esquire—Co. Russell, to Questions 1st, 2nd and 3rd,	ib.
Hiram Norton, Esquire—Co. Grenville, to Questions 1st, 2nd and 3rd,	64
Harmanus Smith, Esquire—Co. Wentworth, to Questions 1st, 2nd and 3rd,	ib.
Jacob Rymal, Esquire—Co. Wentworth, to Questions 1st, 2nd and 3rd,	ib.
William B. Wells, Esquire—Co. Grenville, to Questions 1st, 2nd and 3rd,	ib.
Jacob Shibley, Esquire—Co. Frontenac, to Questions 1st and 2nd,	ib.
Peter Shaver, Esquire—Co. Dundas, to Questions 1st and 2nd,	ib.
Donald Æneas McDonell, Esquire—Co. Stormont, to Question 2nd,	65
Donald McDonell, Esquire—Co. Glengarry, to Questions 1st, 2nd and 3rd,	ib.
George S. Boulton, Esquire—Co. Durham, to Questions 1st, 2nd and 3rd,	ib.
George Rykert, Esquire—2nd Riding Co. Lincoln, to Questions 1st and 3rd,	ib.
Edward Malloch, Esquire—Co. Carleton, to Questions 1st, 2nd and 3rd,	66
William Morris, Esquire—Co. Lanark, to Questions 1st and 2nd,	ib.
Samuel Lount, Esquire—Co. Simcoe, to Questions 1st and 2nd,	ib.
James Durand, Esquire—Co. Halton, to Questions 1st and 2nd,	ib.
William McCrae, Esquire—Co. Kent, to Questions 1st and 3rd,	ib.
Francis Caldwell, Esquire—Co. Essex, to Questions 1st and 3rd,	ib.
David Thorburn, Esquire—3rd Riding Co. Lincoln,	67
William H. Merritt, Esquire—Co. Haldimand, to Questions 1st and 2nd,	ib.
Henry W. Yager, Esquire—Co. Hastings, to Questions 1st and 2nd,	ib.

Friday, 6th day of March, 1835.
The Honorable John Henry Dunn, Receiver General,	68

Monday, 9th day of March, 1835.
Bernard Turquand, Esquire, 1st Clerk in Receiver General’s Office,	70
Gilbert McMicking, Esquire—M.P.P. 4th Riding Co. of Lincoln,	71
James Durand, Esquire, M.P.P. Co. of Halton,	74

Friday, 27th day of March, 1835.
The Honorable George H. Markland, Inspector General of Public Accounts, Member of the Executive and Legislative Councils,	76
James King, Esquire, Barrister at Law, Toronto,	80

Wednesday, 1st day of April, 1835.
The Hon. and Venerable John Strachan, D.D., Archdeacon of Toronto, Member of the Executive and Legislative Councils,	81

Monday, 6th day of April, 1835.
The Hon. Peter Robinson, Commissioner for the sale of Crown Lands, Surveyor General of Woods, Member of the Executive and Legislative Councils, &c.,	88
Thomas Baines, Esquire, Secretary to Clergy Corporation,	92

Tuesday, 7th day of April, 1835.
Mr. Henry Pannebacker, Farmer, Waterloo, Gore District,	93
Samuel P. Hurd, Esquire, Surveyor General,	ib.

Friday, 10th day of April, 1835.
William Warren Baldwin, Esquire, Barrister at Law, Toronto,	94

In	the	index,	page	12,	line	3,	for	“13”	read	“130.”
In	the”	index,”	page”	20,	line”	30,	for”	“tendered”	read”	“tended.”
In	the”	index,”	page”	23,	line”	6,	for”	“1826”	read”	“1825.”
In	the”	index,”	page”	33,	line”	7,	for”	“1824”	read”	“1826.”
In	the”	index,”	page”	33,”	line”	11,”	for”	“258”	read”	“260.”

In	page	62,	after line 11, add “and Osna-.”
In	page”	70,	line	33,	for	“428”	read	“427.”
In	page”	82,	line”	25,	for”	“226”	read”	“526.”
In	page”	91,	line”	45,	for”	“lat”	read”	“late.”
In	page”	94,	at the end of Mr. Hurd’s evidence, (in part of the impression,) erase “The witness withdrew.”
In	page”	103,	line	8,	for	“persons”	read	“a person.”
In	page”	115,	line”	37,	for”	“£11”	read”	“£111.”
In	page”	119,	line”	30,	for”	“minster”	read”	“minister.”
In	page”	123,	line”	31,	for”	“ £1,355”	read”	“£1,333.”
In	page”	130,	line”	5,	for”	“Reserves”	read”	“Revenues.”
In	page”	148,	line”	8,	for”	“Fund”	read”	“Funds.”
In	page”	111,”	line”	17,	for”	“Steetsville”	read”	“Streetsville.”
In	page”	170,	line”	6,	for”	“1331”	read”	“1831.”
In	page”	171,	line”	5,	for”	“Pawke”	read”	“Hawke.”
In	page”	111,”	line”	21,	for”	“Corner”	read”	“Comer.”
In	page”	111,”	line”	26,	for”	“Wiskens”	read”	“Wickens.”
In	page”	111,”	line”	29,	for”	“Corner”	read”	“Comer.”
In	page”	188,	line”	12,	for”	“ instrement”	read”	“instrument.”
In	page”	215,	line”	25,	for”	“prohibition”	read”	“prohibitive.”
In	page”	219,	line”	36,	for”	“absolete”	read”	“obsolete.”
In	page”	226,	line”	7,	for”	“Jutsice”	read”	“Justice.”
In	page”	271,	line”	5,	for”	“directers”	read”	“directors.”
In	page”	274,	line”	28,	for”	“Parliament, (1834.)”	read”	Parliament, (1835.)
In	page”	275,	line”	20,	for”	“niet”	read”	“quiet.”
In	page”	289,	line”	13,	for”	“slaves”	read”	“slave.”
In	page”	111,”	line”	16,	for”	“trades”	read”	“trade.”
In	page”	111,”	line”	30,	for”	“grievously”	read”	“graciously.”
In	page”	111,”	line”	34,	for”	“spoilation,”	read”	“spoliation.”
In	page”	292,	line”	42,	for”	“Legislators”	read”	“Legislatures.”
In	page”	294,	line”	2,	for”	“Officer”	read”	“Office.”
In	page”	295,	line”	13,	for”	“serviees”	read”	“services.”
In	page”	296,	line”	6,	for”	“abseenee”	read”	“ absence.”
In	page”	111,”	line”	7,	for”	“meesure”	read”	“measure.”
In	page”	111,”	line”	8,	for”	“respeetive”	read”	“respective.”
In	page”	297,	line”	4,	for”	“heresay”	read”	“hearsay.”
In	page”	300,	line”	13,	for”	“J. P. Hurd”	read”	“S. P. Hurd.”
In	page”	337,	the third name, for “Jasias Tayler” read “Josias Tayler.”
In	page”	350,	line	26,	for	“Exemple”	read	“Exempla.”
In	page”	351,	7th line from the foot, for “Anelieta” read “Analecta.”
In	page”	253,	line	5,	for	“Analeta”	read	“Analecta.”
In	page”	356,	line”	15,	after ‘General’ add ‘of.’
In	page”	359,	line”	19,	for	‘deserve’	read	‘deserves,’
In	page”	360,	line”	32,	for	‘petion’	read	‘petition.’
In	page”	369,	line”	32,	after ‘ment—’ erase ‘it.’
In	page”	1*,	line”	8	from the foot, for ‘constitute’, read ‘constituted.’
In	page”	10*,	line”	33,	for	‘confined’	read	‘confirmed.’
In	page”	23*,	line”	9	from the foot, for ‘Legislature’ read ‘Legislatures.’
In	page”	26*,	line”	8,	for ‘We, Your Excellency’s’ read ‘We, His Majesty’s.’
In 9th paragraph of King’s College Charter, for ‘our Said Council’ read ‘our said College.’

to the Church of England	22,345	Acres.
To the Scotch Church,	1,160	do
To the Roman Catholics,	400	do
To all other Denominations,	0	do

YEAS.

Att’y Gen. (Boulton)	A. Fraser,	Shade,
Berczy,	D. Macdonald,	Solicitor General, (Hagerman,)
Brown,	McMartin,	Thomson,
Bunwell,	McNeilledge,	John Willson,
Crooks,	Morris,	William Wilson—17.
Elliott,	Robinson,

NAYS.
Bidwell,	Howard,	Perry,
Buell,	Jarvis,	Randal,
Campbell,	Ketchum,	Roblin,
Chisholm,	Lewis,	Samson,
Clark,	Lyon,	Shaver,
Cook,	A. Macdonald,	Vankoughnet,
Duncombe,	Norton,	White—22.
Hornor,

GENERAL CONTENTS.

TABLE OF CONTENTS

OF THE

SEVENTH REPORT.

INDEX

TO THE

SEVERAL MATTERS CONTAINED IN THIS VOLUME.

ERRATA.

ORDERS

1.	Table of Contents.

2.	General Index.

3.	The SEVENTH REPORT.	I

4.	Orders of the House.	XLIX

5.	Minutes of Evidence to 7th Rep. (5th of Feb’y to 10th April; reported 10th April, 1835).	1

6.	Documents appended to 7th Report.	105

7.	The Report on the petition of W. Forsyth, Niagara Falls.

8.	Documents annexed to said Report.

9.	Drafts of Sundry Bills.

APPENDIX.
No.
“	1.	Letter, Colonel Rowan to the Committee, 18th March, 1835,	105
“	2.	Letter, do. to Mr. Secretary Cameron, do.	ib.
“	3.	Letter, Mr. Secretary Cameron to the Committee, 20th March, 1835,	106
“	4.	Letter, Colonel Rowan to the Committee, 11th March, 1835,	ib.
“	5.	Population of Upper Canada,	107
“	6.	Upper Canada Militia,	ib.
“	7.	Lands granted in Upper Canada, 1833,	ib.
“	8.	Lands do. do. 1830, (Blue Book)	108
“	9.	Agricultural Products,	109
“	10.	Balance of Revenue as shewn in the Blue Book,	110
“	10.	(a) The Receiver General’s statement of the several public funds from A. to W.,	ib.
“	10.	(b) Correspondence between the Chairman and the Receiver General,	111
“	11.	Memorandum of Revenue Balances, December 31st, 1834,	113
“	12.	Table of Salaries, Fees end Emoluments, which have been paid out of revenues raised from the people of Upper Canada for the year 1834, chiefly derived from the returns of the officers themselves, as shewn in the Blue Book,	114
“	13.	Pensions,	122
“	14.	Archdeacon Strachan’s Income,	123
“	15.	Salary and allowances paid to the Lieutenant Governors of Upper Canada, out of the Revenues raised from the people of the Province since 1st of January, 1827,	126
“	16.	Income of Lieut. Governor Sir J. Colborne, for the year 1834,	ib.
“	17.	Payments to the Hon. Peter Robinson, since July 1827,	127
“	18.	Payments to the Hon. D. Cameron, do.	ib.
“	19.	Payments to the Hon. J. H. Dunn, do.	128
“	20.	Clergy paid by Executive Government,	129
“	21.	Letter, Col. Rowan to the Committee, 2nd April, 1835,	ib.
“	22.	Extract from a Despatch from the Secretary for the Colonies relative to appropriations for Churches, 27th Jan’y, 1834,	130
“	23.	Letter, Col. Rowan, to the Receiver General, 30th March, 1835, relative to monies paid the clergy,	ib.
“	24.	Letter, the Receiver General to Col. Rowan, with detailed statements of monies paid to the several denominations of Clergy,	131
“	25.	Payments of the Clergy, 1833,	132
“	26.	Details of payments to the Clergy of the Church of England, A,	135
“	27.	do. of do. Church of Scotland, B,	136
“	28.	do. of do. to United Presbyterian Synod, C,	137
“	29.	do. of do. to Build Roman Catholic Churches, D,	ib.
“	30.	Payments of the Clergy, 1834,	138
“	30.	(a) Estimate for Clergy of N. America, when formerly paid by the votes of the House of Commons of Great Britain,	141
“	31.	Details of payments to the Clergy of the Church of England, A,	144
“	32.	do. do. do. B,	145
“	33.	do. do. do. C,	146
“	34.	do. do. Church of Scotland, D & E,	148
“	35.	do. do. to Roman Catholic Church, F,	149
“	36.	do. do. to United Presbyterian Synod, G & H,	ib.
“	37.	Letter, the Inspector General to Col. Rowan, relative to the grant to the Methodists, 30th of March, 1835,	150
“	38.	Address of Canada Conference of the Methodists, with His Excellency’s reply,	ib.
“	39.	Letter, Col. Rowan to the British Wesleyan and Canadian Wesleyan Conferences, 15th March, 1833,	153
“	40.	Letter, Col. Rowan to the Wesleyan Methodist Conference, 4th July, 1834,	154
“	40.	(a) Letter, Rev. Joseph Stinson to Sir John Colborne concerning the grant to the Methodist Conference, 7th July, 1834,	ib.
“	41.	Letter, Col. Rowan to “the Canadian Wesleyan Conference,” 4th of July, 1834,	155
“	42.	Resolutions of Canadian Wesleyan Conference relative to the Government Grant, 19th June, 1834,	ib.
“	43.	Statement of public monies to be applied by the Canadian Wesleyan Methodists to religious purposes,	156
“	44.	Letter, Col. Rowan to the Synod in communion with the Church of Scotland,	157
“	45.	Letter, the same to the same,	ib.
“	46.	Letter, Rev. John Machar to Col. Rowan, shewing the expenditure of public monies paid to that Church, July 7th, 1834,	158
“	47.	Letter, Col. Rowan to Bishop McDonell, 15th March, 1833,	159
“	48.	List of Commissioners to expend grant to Roman Catholic Churches,	160
“	48.	(a) Letter, Col. Rowan to Bishop McDonell, 4th of July, 1834,	161
“	49.	Memorandum of Commissioners to expend Government allowance for building and repairing Roman Catholic Churches, 1834,	161
“	50.	Church of England Clergy (Payments to)	163
“	51.	Glebes to Churches of England, Scotland and Rome,	164
“	52.	Return of the Clergy of the Church of England from the Blue Book, 1834,	165
“	53.	Wesleyan Methodists,	167
“	54.	Presbyterian Clergy,	168
“	55.	Roman Catholic Clergy,	169
“	56.	Expenditure on Emigration, 1831 to 1834,	ib.
“	57.	Expenditure of £7,558 6s. 11½d. by the late Roswell Mount, Esq. of Middlesex, on Emigration in Adelaide, Carradoc and Warwick,	172
“	58.	Extracts from a report by Sir H. Parnell and others on the management of the public revenue,	176
“	58.	(a) Extract from an address of the House of Assembly in 11th Parliament relative to the Banks, &c.,	181
“	59.	Form of a warrant on the Casual and Territorial Revenue by Sir P. Maitland,	182
“	60.	Remarks on Casual Revenue Accounts,	183
“	61.	King’s College,	185
“	62.	Upper Canada College,	ib.
“	62.	(a) Address of House of Assembly relative to U. C. and King’s College, with the reply of the Lieutenant Governor,	186
“	63.	District Funds,	187
“	64.	Toronto Hospital,	188
“	65.	Extracts from the official correspondence of William Lyon Mackenzie, Esquire, with His Majesty’s Government in England; with other documents,	188
		Minutes of proceedings of Central Committee of friends of Civil and Religious Liberty, appointing W. L. Mackenzie, Esquire, their Agent,	ib.
“	66.	Certificate of Committee appointed by the resolutions of 58 Township Meetings in U. C.,	189
“	67.	Certificate from Committee of Home and adjoining Districts appointing W. L. Mackenzie, Esq., their Agent in England,	ib.
“	68.	Indenture appointing W. L. Mackenzie, Esq., a Representative of the yeomanry of the County of York, 4th Feb’y, 1832,	190
“	68.	(a) Letter from Morgan O’Connell, Esquire, M.P. to W. L. Mackenzie, Esquire,	ib.
“	69.	Letter, Lord Howick to Mr. Mackenzie, 23d June, 1832,	191
“	70.	Letter, Lord Howick to Mr. Mackenzie, 29th June, 1832,	192
“	71.	Note, Lord Howick to Mr. Mackenzie, 18th Aug., 1832,	196
“	72.	Letter, Lord Howick to Mr. Mackenzie, 8th Sept., 1832,	194
“	73.	}
“	74.	}Notes from Lord Viscount Goderich to Mr. Mackenzie,
“	75.	}respecting an appointment, on 7th November 1832,	195
“	76.	}
“	77.	Selections from Mr. Mackenzie’s Letters to Viscount Goderich, which were transmitted to Sir John Colborne for publication in Upper Canada, together with His Lordship’s Despatch of 8th November, 1832,	196
		A.—The Legislative Council,	197
		B.—The Legislative Council,	ib.
		C.—The Bank Influence,	198
		D.—Education,	199
		E.—State Churches—Clergymen in the Council,	200
		F.—Government Patronage, L. C.	ib.
		G.—Some Evidence of Colonial Misrule,	201
		H.—Colonial Officers,	207
		I.—Justices of the Peace,	213
		K.—Trade of the Canadas,	214
		L.—The Land Granting System,	216
“	78.	Extracts from a return to an Address to the House of Commons, dated 18th July, 1833,	ib.
“	79.	Despatch, Sir J. Colborne to Viscount Goderich, 16th February, 1833,	234
“	80.	Addresses of the Legislative Council and House of Assembly to Sir J. Colborne on Lord Goderich’s Despatch of 8th November, 1832,	235
“	81.	Address to His Majesty from the Inhabitants of Lennox and Addington,	244
“	82.	Address to His Majesty from the Inhabitants of Cobourg,	ib.
“	83.	“Upper Canada Legislature”—Return to an Address of the House of Commons, dated 6th February, 1833, viz.	245
		Letter from Sir J. Colborne to Lord Goderich, 28th March, 1833,	247
		Return of Members of the Legislative Council, Executive Council and House of Assembly, on 1st July, 1832, with their Offices, Employment, Grants of Land, &c. held under the British or Colonial Governments,	248
		Titles of Bills of a Public Character which originated in the Assembly of Upper Canada, and were lost in the Council &c. for 10 years,	258
		Ditto, ditto, for the last Two Sessions,	272
“	83.	(a) Extract of Despatch from Sir John Colborne to Secretary Sir George Murray,	277
		Proceedings in England with Acts of Colonial Legislature,	278
“	84.	Letter—Lord Howick to Mr. Mackenzie, 29th December, 1832,	ib.
“	85.	Letter—Mr. Mackenzie to Lord Viscount Goderich, 9th January, 1833,	279
“	86.	Letter—Mr. Mackenzie to Lord Viscount Goderich, 19th January, 1833,	286
“	87.	Letter—Lord Viscount Howick to Mr. Mackenzie, 22nd January, 1833,	291
“	88.	Note—Lord Howick to Mr. Mackenzie, 7th March, 1833,	293
“	88.	(a) Dismissal of the Crown Lawyers by His Majesty; Mr. Justice Boulton’s explanation, despatches, &c.	294
“	89.	Note—Mr. Earle to Mr. Mackenzie, May 19th, 1833,	299
“	90.	Note—Mr. Wickham to Mr. Mackenzie, 14th May 1833,	ib.
“	91.	Letter—The Surveyor General to the Committee, with his answers to certain questions,	300
“	92.	Message from Sir John Colborne, with returns of the Justices of the Peace, Commissioners of Courts of Requests, &c., and relative to the powers of the Executive Council,	ib.
“	92.	(a) Statement relative to the Executive Councils,	302
“	93.	Magistrates Western District,	303
“	94.	do. London do.	304
“	95.	do. Niagara do.	306
“	96.	do. Gore do.	307
“	97.	do. Home do.	308
“	98.	do. Newcastle do.	310
“	99.	do. Prince Edward do.	312
“	100.	do. Midland do.	313
“	101.	do. Johnstown do.	314
“	102.	do. Bathurst do.	315
“	103.	do. Eastern do.	316
“	104.	do. Ottawa do.	317
“	105.	Return of Commissioners of Courts of Requests,	318
“	106.	Letter—The Inspector General to Colonel Rowan, stating that Collectors of Customs are required to attend to their duties, 17th Feb. 1835,	333
“	107.	Circular—The Inspector General, on Collectors of Customs attending to their duties, 4th November, 1833,	ib.
“	108.	Schedule of Members of the House of Assembly who had situations given them,	334
“	109.	Schedule of Members of the present House of Assembly holding office, and the offices so held,	335
“	110.	Address of House of Assembly on Post Office, and reply, with Letter from the Deputy Post Master General at Quebec, to Col. Rowan, promising Returns required,	338
“	111.	Indian Department,	340
“	112.	Letter—Doctor Harris, Principal of Upper Canada College, with statements on Education,	345
“	113.	Address of the House of Assembly, relative to the dismissal and reappointment of Mr. Solicitor General Hagerman, &c.,	356
“	114.	Address of the House of Assembly in 1829, relative to the imprisonment of Mr. Francis Collins, with the votes thereon; answer thereto; Mr. Justice Sherwood’s Letter to the Lieutenant Governor; Memorial of Francis Collins; answer thereto; Resolutions of the House on His Excellency’s Answer; Resolutions of the House on Collins’ Case; Address to His Majesty thereon,	ib.

YEAS.
Caldwell,	McLean,	Robinson,
Cornwall,	Macnab,	Rykert,
McCrae,	Malloch,	Solicitor General,
McDonell of Glengarry,	Merritt,	Tayler,
McDonell of Northumberland,	Morris,	Walsh,
	Richardson,	Wilkinson—17.

NAYS.
Alway,	McIntosh,	Shibley,
Bruce,	Mackenzie,	Thorburn,
Chisholm,	McMicking,	Waters,
Cook,	Moore,	Wells,
Duncombe, Chas.	Morrison,	Wilson,
Durand,	Perry,	Woolverton,
Gibson,	Roblin,	Yager—25.
Gilchrist,	Rymal,	17
Hopkins,	Shaver,	——
		8

The Official Account of the Population of Upper Canada, as returned to the British Government in 1834, in the “Blue Book” is	321,903

The same authority for 1833, shews the Population in that year to have been	296,544

The returns sent down to the House of Assembly of the Population of Upper Canada for 1832, gave the numbers thus	260,992

The like returns for 1831, gave a sum total of	234,671

509	grants of 100 acres and under for	40,829		acres
386	grants of 100 acres and under 500 acres for	83,277	½	acres
12	grants exceeding 500 acres for	10,081		acres
		——————————
	Total 907 grants for	134,187	½	acres

	Of the above 134,187½ acres,
796	deeds for grants (in contradistinction to lands purchased) passed the great seal for	121,559	½	acres
63	deeds for Crown sales	5,741		do.
45	deeds for Clergy sales	6,649		do.
2	deeds for School sales	238		do.
101	Clergy Reserve leases passed the great seal this year for	19,506		do.

941	grants of 100 acres and under	67,372		acres
431	grants of 100 to 500 acres	92,815		do.
28	grants over 500 acres	24,036		do.
1400	grants or deeds for	184,223		do.
	Other 5 grants or deeds for	52,311		do.
	passed the great seal to the Canada Company.
	Also 96 Clergy Reserve leases for	18,364		do.
	have passed the great seal.
	Grants have passed the great seal, commencing from the year 1792 for	8,121,665	½	do.
	Deeds have been given to the Canada Company for other	735,828	½	do.
		——————————
	Total	8,857,494		acres

		Acres.
78	grants, each under 100 acres,	3,533
576	grants, each over 100 acres,	87,500

C. M. DeLotbiniere,	578
A. Catenach,	1,000
I. B. Sheek,	800
G. Hamilton,	700
Thomas Fraser,	800
Z. Burnham,	1,200
Z. Burnham,	2,800
W. S. Gapper,	800
Walter O’Hara,	1,200
Andrew Borland and William Roe,	1,700
William Smith,	800
R. Ritchey, Richey or Runchey,	800
Francis Connin,	800
Canada Company, 5 grants,	166,596

Regiments organized,	59
Officers,	1,705
Non-Commissioned Officers,	1,526
Drummers,	61
Rank and File,	30,093
	————
Total,	33,385

Acres of Land cultivated,	1,003,520
Acres of Land uncultivated,	4,129,815
Horses,	42,822
Horned Cattle,	178,689

Acres of Land cultivated,	988,957
Acres of Land uncultivated,	4,205,256
Horses,	40,304
Horned Cattle,	172,674

Provincial Revenue including loans,		£302,126
Clergy Revenue,		7,371
Crown Revenue,		33,271
		————
		£342,768
Provincial Expenditure including payment of loans,	£277,562
Clergy Expenditure,	6,846
Crown Expenditure,	29,000	313,408
	————	————
		£29,360

He had on hand on the 31st December 1834, a balance of what is termed Provincial Revenue, equal to	£25,296
And of what is termed Casual and Territorial Revenue,	24,254
	————
	£49,550
But had paid out of what is called the Clergy fund, more than was on hand by	6,644
	————
Leaving a net balance in his hands of	£42,906

Fund	A.	—Crown Revenue arising under the Imperial Act 14th 3d, now obsolete.
“	B.	—Provincial Revenue under the control of the Legislature.

Acc’t	C.	—An auxiliary account to Fund K.

Fund	D.	—Canada Company instalments.
“	E.	—Clergy.
“	F.	—An auxiliary to Casual and Territorial Revenue.
“	G.	—Annual grant under 56th Geo. 3d. Obsolete.
“	H.	—Civil List annual vote. Obsolete.
“	I.	—School Fund, auxiliary to Fund B.
“	K.	—Casual and Territorial Revenue.
“	L.	—Law Reporter auxiliary to Fund B.
“	W.	—War Losses, do. do.

Fund	A.	—Revenue arising under the Imperial Act, 14th Geo. 3d		£1,198	17	0
Fund	B.	—Ordinary revenue		28,771	0	0
“	D.	—Canada Company’s instalments	}	25,077	15	6
“	K.	—Casual and Territorial Revenue	}
In the hands of the Hon. P. Robinson, of Clergy Reserve fund				8,802	9	6
And a balance of proceeds of debentures transmitted to England undrawn for, with premium thereon at 6 per cent				26,607	0	0
				————	—	—
				£90,457	2	0

Sir John Colborne, Lieutenant Governor [over & above his income from England]		£4,953
*Wm. Rowan, Private Secretary to do. salary £208, fees £600		808
*Edward McMahon, Chief Clerk’s salary		278
*Arthur Gifford, 2nd Clerk ^[17] Government Office		200
*James McDonell, 3d do. do.		166
*John Henry Dunn, Receiver General, salaries and agency of revenues		1444
*B. Turquand, 1st Clerk to do.		250
*Walter Rose, 2d do. to do.		200
*S. P. Hurd ^[18] Surveyor General, salary and fees, add as by his own account in evidence		742
*Peter Robinson, Surveyor General £555, Crown Land Commissioner £555, Executive Councillor £111, Commissioner for sale of Clergy Reserves £500		1721
Thomas Merritt, [name left out of the Blue Book for 34.]
*J. G. Chewett, Draftsman in Surveyor General’s Office, salary		300
*J. Radenhurst, 1st Clerk in do.		300
*G. C. Ridout, 2d do. in do.		250
*Wm. Spragge, extra do. in do.		166
*J. Caldwell do. do. in do.		166
{115}
*Thomas Baines, 1st Clerk in Crown Lands Office, at £200; Secretary to the Clergy Corporation £300 ^[19]		l.500
[In 1833 his salary in these places were £135 sterling each; and were raised by an order in Council of 12th of March, 1834, to place him on a level with clerks in other offices.]
*Alderman Richard Thornhill, 2nd Clerk Crown Lands Office (salary in 1833 £150)		200
*A temporary successor to the late Matthew Henderson, 3rd Clerk Crown Lands Office, (1833 £150)		200
*Edward Beeston, 4th Clerk do. (1833 £150)		200
*D’Arcy Boulton, Auditor General, [no duties, no salary, was a sinecure of £246 value in 1833] Master in Chancery Legislative Council		50
*Robert Stanton, Government Printer, fees		370
[It is probable this office is worth £1000.]
*Charles Shirreff, Collector of Crown Land Timber, dues at Bytown £270, and £90 to his Clerk		360
[A very small portion of Mr. Shirreff’s income is from Lower Canada.]
George H. Markland, Inspector General, £672—Executive Councillor £111		783
[His salary was £365 by the Provincial Act but an order in Council, or (perhaps) from England, has increased it.]
James Nation, his first Clerk		250
Raymond Baby, his second Clerk		200
Duncan Cameron, Secretary and Registrar, Salary £333, permanent addition £707		1040
S. P. Jarvis, Deputy to Do. £200, Clerk of the Crown in Chancery £75		275
John Strachan, President of the Executive Council, £111, (President of King’s College £278, not received) Archdeacon of York, £333; Rector of Toronto, £555 ^[20]		1000
[His salary as President of King’s College is in abeyance.]
Joseph Wells, Executive Councillor, £111; Registrar and Bursar of King’s College £300 [Journal of 1831-2, page 181 of the Appendix.]		411
*John Beikie, Clerk, Executive Council £222 Salary; £278 Fees; £222 in lieu of Fees on Patents on Lands		722
*W. H. Lee, First Clerk to Do.		250
*James Stanton Second Do. to Do.		200
*Hugh Carfrae, Doorkeeper to Legislative and Executive Councils		53
{116}
*John B. Robinson, Speaker Legislative Council, Salary 400l.; Chief Justice King’s Bench, Salary 1666l.		£2066
[In 1833 his income as Speaker of the Council was only 200l., now it is 400l.]
*Grant Powell, Clerk, Legislative Council, Salary 200l.; Allowance extra as do. 200l.; Official Principal Court of Probate, 55l.; Judge Home District Court, fees 390l.		835
[Described in Blue Book, 1833, as a half-pay Surgeon.]
*Stephen Jarvis, Usher Black Rod L. C.		50
[Also half-pay Cornet of Dragoons.]
*Thomas Phillips, Chaplain L. C. 50l.; Master Home District School 100l.		150
[Also his pay as a Minister of the Church of England.]
*Archibald M‘Lean,
Speaker House of Assembly	£200
Clerk of the Peace, Eastern District	148
Registrar of Stormont and Dundas	132
Registrar Surrogate Court	11
	———	491
[Mr. M‘Lean is also Captain on half-pay, late Incorporated Militia, 142l. Mr. Bidwell has succeeded him as Speaker.]
*James Fitzgibbon, Clerk, House of Assembly, Salary 200l.; Allowance 200l.; Registrar Court of Probate, 68l.		468
*David A. M‘Nab, Sergeant at Arms, House of Assembly, Salary, 50l.; Allowance, 100l.; Registrar of Wentworth, 119l.		269
*Henry Ruttan, Sheriff, Newcastle District, fees		1040
[Fees in 1833, 1180l. has also 4s. sterling, per day, as half-pay Lieutenant, incorporated Militia.]
*W. B. Jarvis, Sheriff Home District, Fees		550
[It is scarcely probable that the fees of the Sheriff of the Home District do not far exceed 550l., but we give his own return.]
The Ottawa Sheriff died in February, 1835.
*J. A. H. Powell, Sheriff, Bathurst District (fees, 1833, 600l.)		240
*Donald M‘Donell, M.P.P., Sheriff, Eastern District, Fees		250
*Adiel Sherwood, Sheriff, Johnstown District, fees 300l.		300
[Also Treasurer of that District.]
Richard Bullock, Sheriff, Prince Edward District, fees		269
John M‘Lean, Sheriff, Midland District, fees		300
Alexander Hamilton, Sheriff, Niagara District, fees		450
[Mr. H. is also Post Master of Queenston.]

*W. M. Jarvis, Sheriff, Gore District, fees,	£350
[Has half-pay as a Lieutenant at 4s. 6d. per day, and a pension for wounds of 78l.]
*A. A. Rapelje, Sheriff, London District, fees,	150
[Half-pay as Captain, at 7s., sterling, per day.]
*Ebenezer Reynolds, Sheriff, Western District, fees	101
[It is probable that some of the Sheriffs’ fees, are stated considerably under the reality.]
*James Sampson, Inspector of Licenses, Midland District	145
*Hon. Alexander M‘Donell, Inspector of Do., Home District	146
[Mr. M‘Donell is also a Lieutenant on half-pay, Assistant Secretary Indian Department (pension 4s. 8d. per day) Member of the Legislative Council.]
*Elias Jones, Clerk, Newcastle District Court 473l.; Inspector of Licenses, 98l.	571
*John Claus, Inspector of Licenses, Niagara District,	109
*John Willson (late Speaker H. of A.) Inspector of Licenses, Gore District	100
James Mitchell, Inspector of Licenses, London District, Collector of Customs, Turkey Point; Judge District Court, and Judge Surrogate Court, estimated at	260
*John Weatherhead, Inspector of Licenses, Johnstown District	80
[There are also Inspectors for the Ottawa, Eastern, Prince Edward and Bathurst Districts.]
*Wm. Hands, Western District, 5 offices, viz:—
1. Post Master of Sandwich,
2. Collector of Customs do.
3. Inspector of Licenses, Western District,
4. Judge Surrogate Court, do. do.
5. Treasurer, do. do.	216
*Alpheus Jones, Collector of Customs, Prescott, Emoluments	165
[Agent to U. C. Bank, Post Master of Prescott.]
*W. J. Crysler, Collector of Customs, Cornwall,	124
*Andrew Deacon, Collector of Customs, Hallowell	100
*Thomas Kirkpatrick, do. do. Kingston	373
*Henry Baldwin, do. do. Belleville	104
*Colin Mackenzie, do. do. Bath	100
*George Savage, do. do. Toronto City	272
*John Chisholm, do. do. Burlington 100l.; Collector of tolls, do. Canal 64l.	175
[Mr. Chisholm’s other emoluments are not stated.]
*William Chisholm, Collector of Customs, Oakville, and Post Master of Nelson	79
*The Hon. James Kirby, (Legislative Councillor) Collector of Customs Revenue at Fort Erie	unknown
[He has fees, and one third of the seizures, which though very considerable, we have not exactly ascertained.]
{118}
*Wm. H. Merritt, Collector of Customs, Dalhousie,	£100
[The Blue Book says he has no other office, altho’ he is Postmaster at St. Catharines. He has resigned the Collectorship since the commencement of the present session, but it has not been given to another, he is President of the Welland Canal Company at £⁠{blank}.]
*Thomas McCormick, Collector of Customs, Niagara,	130
[Mr. M. has also an income as agent to the Bank of Upper Canada.]
*George Ryerse, Collector, Dover,	80
*William B. Sheehan, do. do.	105
*John Bostwick, do. Port Stanley,	115
*Mahlon Burwell, do. Port Talbot, (o)—Registrar of Middlesex,	170
*Francis Caldwell, (M.P.P. for Essex) Collector of Customs for Amherstburgh,	58
*John Burwell, do. do. Port Burwell,	59
*Thomas G. Anderson, do. do. Penetanguishene, 68l. Postmaster of do. 25l.	93
[Mr. Anderson’s 3rd office is that of a superintendent of the Indian Department, but it is paid out of the military chest, 241l.]
There are also the Collectorships of the Customs for the Ports of River Raisin (John Cameron); Maitland (Alex’r. McQueen); Brockville (Richard D. Fraser); Johnstown (John Webster); Gananoque (Ephraim Webster); Newcastle (B. McMahon); Cobourg (Allan H. McLean); Windsor (Henry Boys); Chippawa (R. Kirkpatrick); Queenston (Robert Grant); Goderich (John Galt); the gross value of which, on an average of three years, with the share of one third of the seizures, we have estimated at about	650
*R. P. Hotham, Clerk of the Peace, Ottawa District, 144l.; Registrar of do. 86l.; (Registrar of Surrogate Court),	230
*Walter Cameron, Registrar of Glengarry,	50
*George T. Burk, do. of Lanark,	64
*Alex. McMillan, do. of Carleton,	67
[Also half-pay captain Glengarry Fencibles, 142l.]
John Patton, Emigrant Agent ———l. unknown; Registrar of Grenville, 152l.	152
*Daniel Jones, Registrar of Leeds,	190
[Incorrectly described in the official return to England, as Judge of the Eastern District Court.]
*Allan McLean, Registrar, Prince Edward, 94l.; do. Midland District, 214l.	308
*George Strange Boulton, Northumberland, Registrar of Deeds, &c.	225
*Thomas Ward, Registrar for Durham, 170l.; Clerk of the Peace, Newcastle District, 150l.; Surrogate Judge, do. 5l.	325
*Samuel Ridout, Registrar, County of York, 500l.; Agent to the Land Granting Department (Sinecure) 222l.	722

*George Lount, Simcoe, Registrar of Deeds,		£178
*Thomas Racey, Halton, do. do.		312
*John Lyons, Registrar of Lincoln and Haldimand,		320
James Ingersoll, Registrar for Oxford, fees not known,
*Francis L. Walsh, Registrar of Norfolk, 60l.; do. Surrogate Court, 8l. 10s.; Postmaster of Vittoria, 47s.		70
*James Askin, Registrar, Essex, 59l.; Registrar Surrogate Court, Western District, 32l.		91
*William Jones, Registrar of Kent,		75
[Assistant Superintendent Indian Department 123l.]
*James Jessup, Clerk of the Peace, Johnstown District,^[21]		203
*E. H. Reade, Clerk of the Peace, Bathurst District,		105
[Mr. Reade is on half-pay as an Apothecary in the army at 5s. sterling per day.]
*David L. Fairfield, Clerk of the Peace, Prince Edward,		50
*J. Nichols, do. do. Midland,		221
*Simon Washburn, do. do. Home,		200
*Chas. Richardson, do. do. Niagara,		290
*Robert Berrie, do. do. Gore,		200
*John B. Askin, do. do. London, 269l.
Clerk, London District Court, 78l.		347
Charles Askin, Clerk of the Peace, Western District, 120l.; Clerk, Western District Court, 25l.		145
*Eleven other District Schoolmasters, besides Dr. Phillips, salaries each 100l.		1100
[One of the schoolmasters, Dr. Phillips, is chaplain to Legislative Council; another is church of England Missionary at Sandwich, 111l., and a third is Presbyterian minister at Cornwall, with a salary from Government as such.]
*Levius P. Sherwood, Puisne Judge, King’s Bench,		1000
*James B. Macaulay, do. do. do. do.		1000
*W. H. Draper, Reporter to do.		100
*R. S. Jameson, Attorney General of Upper Canada, salary and allowances,		1200
C. A. Hagerman, Solicitor General, do. do. do.		600
C. C. Small, Clerk of the Crown and Pleas,
Salary,	111
Fees,	1257	1368
*Jonas Jones, Offices, viz:
1. Judge of the District Court of the Midland District, Fees,	412
2. Judge of the District Court of the Bathurst District, Fees,	147
3. Judge of the District Court of the Johnstown District, Fees,	344
4. Judge of the Surrogate Court oi the Bathurst District, Fees,	3
{120}
5. Judge of the Surrogate Court of the Johnstown District, Fees,	8
6. Commissioner of Customs,^[22]	2	£916
[Mr. Jonas Jones is also President of the commissioners for constructing a ship canal on the River St. Lawrence.]
*David Jones (M.P.P. for Brockville) Judge of the District Court of the Eastern District, Fees, 238l.; Commissioner of Customs, Fees, 5l.		243
*George S. Jarvis, Judge of the Ottawa District Court, Fees,		25
[Mr. Jarvis is a half-pay lieutenant, 90l.]
Donald Bethune, Judge of the District Court, Prince Edward, Fees,		91
*N. Falkner, Judge of the Newcastle District Court, Fees,		445
*George Ridout, Judge of the Niagara District Court, Fees,		91
*Charles P. Treadwell, Clerk of the Ottawa District Court; Coroner of the District, Fees,		36
*Thomas Taylor, Judge of the Gore District Court, Fees,		150
*Charles Elliott, Judge of the Western District Court, Fees,		15
[Half-pay lieutenant 43rd Reg’t. 80l.; Commissioner of Customs.]
*George Anderson, Clerk of the Eastern District Court, Fees,		164
*Thomas D. Campbell, Clerk of the Johnstown District Court, Fees,		235
*C. H. Sache, Clerk of the Bathurst District Court, Fees,		125
[Half-pay lieutenant 76th Reg’t. 4s. 6d. per day.]
*Thomas Nash, Clerk of Prince Edward District Court, Fees,		90
*Alex’r Pringle, Clerk of the Midland District Court, Fees,		475
*Henry C. Heward, Clerk of the Home District Court, Fees,		433
*J. C. Clench, Clerk of the Niagara District Court, Fees,		102
*John Law, Clerk of the Gore District Court, Fees,		200
*James Secord, sen’r, Judge of the Niagara District Surrogate Court, Fees,		81
*[Pension 20l.]
C. B. Secord, Registrar same court, Fees,		68
*Thomas Markland, Judge of the Midland District Surrogate Court,		28
*W. W. Baldwin, Judge of the Home District Surrogate Court, Fees,		50
{121}
[There are several other Judges of Surrogate Courts paid by Fees.]
*W. Chewett, Registrar of Surrogate Court, Home District, Fees,		£104
[Mr. Chewett is also a Pensioner on the Provincial Revenue by order from England, for 400l. per annum.]
*Isaac Fraser, Registrar of Surrogate Court, Midland District, Fees,		68
*Nathaniel Coffin, Adjutant General of Militia, salary, 365l.; annual allowance, 84l.		449
[Half-pay ensign 15th Foot.]
*W. O’Hara, Ass’t Adjutant General, salary,		200
Joseph Spragge, Master of the Toronto Central School (paid from Fund K) salary,		255
Henry J. Jones, as Agent to Commissioner for Crown Lands,		105
[See his returns for 1834.]
Alex. McDonell, M.P.P. as ditto, see ditto		243
Mrs. M. Powell, House-keeper, Public Office, salary,		50
[And a house and her pension.]
Mrs. M. Macloskey, Assisting House-keeper, do. salary,		25
John Macloskey, Messenger in do. salary,		25
Wm. Walker, do. in do. salary,		50

John Macaulay, P. M. Kingston, salary and allowances,	164
[Agent to U. C. Bank, with a salary.]
J. S. Howard, P. M. Toronto, salary and allowances,	199
John Crooks, P. M. Niagara, do. do.	87
Henry Jones, P. M. Brockville, do. do.	58
The Postmaster, Amherstburgh, do. do.	118
M. Connell, P. M. Bytown, do. do.	101
Josias Tayler, P. M. Perth, do. do.	60
[Mr. Tayler is M.P.P. for Lanark County.]
Ward Chipman, as 3rd Arbitrator between Upper and Lower Canada (paid from Fund K) half the remuneration allowed him, or	388
Thomas A. Stayner, D. P. M. G. at Quebec, proportion of his income derived from Upper Canada, estimated by us, in the absence of his own statement, at	1880
John Swetnam, Light House Keeper, salary,	63
{122}
Owen Richards, do. do. salary,	£62
James Durnan, do. do. salary,	53
Clerks and Treasurers’ charges 1834, for distributing Public School monies, 1834,	278
	—————
Grand Total,	£52,672

SAINT LAWRENCE CANAL.^[23]
W. R. F. Berford, salary per year,	£300
J. B. Mills, salary,	850
James Hume, salary,	200

WELLAND CANAL
W. H. Merritt, salary per year,	400
John Clark,	150
George Keefer, Engineer,	260
&c. &c. &c.

Late John M‘Gill, about 16 years’ pension at £500, to 1835, estimated to amount to		£8,000
Late W. D. Powell, about five years’ pension at £1111, to 6th September, 1834		5,555
Late D’Arcy Boulton, Senior, six years’ pension at £555, to 1834		3,330
Late Sir W. Campbell, Kt. four and a half years’ pension, from July 1829 to January 1834, at £1,333		5,989
Sir David Wm. Smith, of Northumberland, Baronet, eight years’ pension, at £222, to January, 1835,		1,776
[This pension was formerly paid to Sir David William Smith, by an annual vote of the Imperial Parliament, but it is now drawn from the slender resources of Upper Canada, to augment the wealth of an English Baronet, who probably has not seen America for the last twenty or thirty years.]
{123}
William Chewett, pension, as having been the acting Surveyor General in the absence of that officer, £400 a year, commencing in May, 1832, nearly three years to April, 1835		£1,100
Bishop M‘Donell, eight years’ pension at £444 per annum.	£3,552
Two and three quarter years’ additional pension at £111	304
	————	3,856
[This is over and above his pension or allowance from Lower Canada, which owing to the spirited resistance of the House of Assembly there, may possibly have been withdrawn, and thrown upon us under the plea of extra services.]

GENERAL CONTENTS.

TABLE OF CONTENTS OF THE SEVENTH REPORT.

INDEX TO THE SEVERAL MATTERS CONTAINED IN THIS VOLUME.

ERRATA.

ORDERS

TABLE OF CONTENTS

OF THE

SEVENTH REPORT.

INDEX

TO THE

SEVERAL MATTERS CONTAINED IN THIS VOLUME.

Hon. W. D. Powell, at £1,111 per annum, (died this year.)	}
Sir W. Campbell, at L.1,355 per annum (died this year.)	}	£1,540
D’Arcy Boulton, at L.555 per annum (died this year.)	}
John McGill, at £500 per annum, (died this year.)	}
Captain W. Jarvie, Incorporated Militia		115
Lieutenant Daniel M‘Dougall, Do.		81
Thomas Talbot, Port Talbot		444
Sir D. W. Smith, Northumberland, England		222
General Shaw’s family		111
Wm. Chewett, late Acting Surveyor General		400

Seven and a half years President of the Board of Education, at L.300 to 1st of July, 1833	£2,250
Eight years Archdeacon of York at L.333 13s. 4d	2,700
Nine years an Executive Councillor at L.111	999
He received out of the Clergy Reserve rents on account of the expenses of his first journey to London on behalf of the Clergy	350
In 1833 and 1834 it appears that he received L.152 10s. each year, as “a Minister of the Church of England,” (see sess. papers No. 5, p. 20.)	305
Since 1831, the gaol ground, Toronto, has let for L.150 per annum, 3 years (see sess. papers, No. 5, p. 21.)	450
“The Small Strip Rents,” Toronto, for L.57 10s. 3 years	172
The other acre being part of what was formerly the Hospital Square, Toronto, for L.100—3 years, (see sess. papers, p. 21, No. 5.)	300
Annual value of the Archdeacon’s Glebe Lots in the Township of York, 1,000 acres, estimated at an average value of L.50 per annum, for nine years	450
	————
	£7,976


“Cash in full,” being for his expenses incurred on a journey to and from England, and eighteen months detention there, at the instance of the Secretary of State L.678 6s. 8d. (with interest) is (See Journal 1831-2, p. 181 of Appendix.)	£712	16	2
Cash, being for the moiety of his expences incurred, in a journey to and from England, “and eighteen months’ detention there at the instance of the Secretary of State, while engaged in soliciting from His Majesty’s Government the Charter of King’s College, and attending to the affairs of the Established Church.” (See his Letter sent down to the House this Sess., Sess. Paper, No. 5, p. 22.)	678	6	8
{125}
Cash paid him for settling the terms of agreement with the (Canada) Company when in London in 1827	360	0	0
[This is the return made by the Receiver General to the Government here, and since placed before the House of Commons. Dr. Strachan in his explanation for the House of Assembly (See Sess. papers, No. 5, p. 22,) affirms that it was in payment of his salary as Archdeacon of York for the year 1825; the patent constituting Dr. Strachan an Archdeacon did not issue until 1827. Another return on the Journals of the House of Commons says it was for his services during the reference.]
Another item of monies paid to Dr. Strachan is in the return of cash paid from the Canada Company’s monies to the Doctor “to defray expenses connected with the establishment of an University at York in Upper Canada.” The Doctor has written in explanation (See Sess. papers, No. 5, p. 22,) but as he has given no{?} details, we have placed that also to the account of his journey	600	0	0
	————	——	——
	£2,351	0	0

ALSO:
2000 acres of Valuable Land in the Gore of Toronto the estimated worth of which is 25s. per acre or	£2,500	0	0
[This grant Doctor Strachan tells us was made in aid of his living in this city, (See his Letters in Sess. papers No. 5, pages 21 and 22, 1835.]
	————	——	——
In all for his journey	£4,851	2	10
Estimated sums paid to Dr. Strachan within the last nine years, brought down	7,976	0	0
	————	——	——
	£12,827	2	10

Nine years’ Salary at L.2,222		£20,000
Nine years’ second Salary at L.1,111		10,000
Two and a half years’ additional or third Salary to Lieutenant Governor Colborne, (over and above L.3,333 per annum,) L.555 per annum, commencing the 1st day of July, 1832		1,666
The Government House, Offices and Grounds, free of all taxes and charges, nine years, estimated at L.500		4,500
Share of Seizures paid to the Lieutenant Governor,
1827, estimated at	L.300
1828, estimated at	300
1829, 30, 31, to 27th April 1832	673
Part of 1832 estimated at	400
1833 estimated at	300
1834	655
	———	2,538
		—————
Total from Provincial Funds		L.38,704

Salary	L.3,333
“Allowed L.555 per annum in lieu of pay and allowances as Major General on the Staff;” out of the Revenue raised from the people of Upper Canada	555
Full pay as a Lieutenant Colonel	345
His pension	333
{127}
His share of seizures in the Colony, under the 6th Geo. 4th, ch. 114	565
House and Offices, estimated per annum	500
	————
Income in 1834	L.5,631

Eight years an Executive Councillor at L.111	L.888
Seven and a half years, additional “Surveyor General” at L.555	4,162
Seven and a half years, Commissioner Crown Lands at L.555	4,162
Six and three quarter years Commissioner for the sale of Clergy Reserves at L.500 per annum	3,375
	————
	L.12,587

Seven years’ Salary from Canada Company’s payments, at L.333 to 1834	£2,331	0	0
Seven years’ Commutation in lieu of Fees	5,000	0	0
[The officers of the Land Granting Department received a commutation in lieu of Fees for seven years up to the 1st of January, 1834. They now receive no fees, with the exception of the Hon. D. Cameron, Secretary, to whom an annual allowance of L.700 (L.636 11s. 4d. sterling) is ordered by the Secretary of State for the Colonies, out of the Revenue raised in the Province, on account of his disbursements for Stationary for the various Patents made out in the course of the year, and furnished by him. See Blue Book, page 11, 1834.]
{128}
Salary for 1834	333	0	0
Allowance for 1834	700	0	0
Mr. Cameron’s office is, to him almost a sinecure, worth L.1000 and upwards. He is allowed a Deputy, Mr. S. P. Jarvis, who is paid by the Colony, by vote of the Legislature, L.200 a year, for doing the work for which his Principal is again paid L.1000.
In the Journal of Assembly for 1831, page 117, there is an item of additional fees, for preparing “Special Instruments,”	258	12	0
	————	—	—
	£8,624	12	0

Eight years as Receiver General of the Public monies, not under the public control, paid out of the Canada Company’s Revenue at L.222	£1,776
Eight years charge to the public for receiving and paying out that part of the public revenue not under its control, which accrues from the Canada Company	1776
(This was a sinecure formerly held by a Mr. W. Dacres Adams, under the title of Agent for the Colony.)
A parliamentary grant in 1833	600
3 per cent. on Provincial Revenue, 1827	930
3 do. do. do. 1828	1,248
3 do. do. do. 1829	988
3 do. do. do. 1830	1,118
Four years’ second Salary from Public Revenue at L.777 per annum, for 1831, 1832, 1833, and 1834	3,098
	————
Amount in eight years of the Receiver General’s income	£11,534

In 1832, to the Clergy	£5,438
In 1833, to do.	19,719
In 1834, to do.	14,673
Also, in 1834, to Methodists, omitted in the Blue Book, by error	611
	————
	£40,441

To whom paid and by what Authority, &c.	Provincial Currency, Dollars at 5s. each.			References
	£	s.	d.
To the Hon. and Rev. J. Strachan, D.D. his salary as Archdeacon of York, for the 12 months ending 30th June, 1833, authorized by the Right Hon. The Lords Commissioners of His Majesty’s Treasury, 31st August, 1827.	333	6	8
To the Rev. Geo. O’Kill Stewart, his salary as Archdeacon of Kingston, for the like period, and under same authority,	333	6	8
To ditto ditto, as one of the Clergy of the established church for the like period,	111	2	2
To paid into the hands of the Hon. Geo. H. Markland, as Secretary of the Clergy Corporation, being the amount of the appropriation, in aid of the support of the ministers of the Church of England in this Province, authorised by Lord Goderich’s despatch of the 5th April, 1832,	3888	17	9¼
To paid to the ministers of the Church of England, being the annual appropriation in aid of their support, authorised as above mentioned, up to the 30th June, 1833,	3880	11	1¼	Vide List A.
To paid Roswell Mount, Esq. on account of erecting a house and preparing a Glebe for the occupation of the incumbent of the Township of Adelaide, authorised by His Excellency the Lt. Governor and Council,	50	0	0
{133}
To the Rev. Saltern Givins, to aid in erecting a parsonage house in the Mohawk Indian Tract in the Bay of Quinté,	100	0	0
Salary to the Roman Catholic Bishop, for the year ending 30th June, 1833, authorised by the Lords Commissioners of His Majesty’s Treasury, 31st Aug’t 1827,	555	11	1¼
Allowance to ministers of the established church of Scotland in this Province, for the 12 months ending 30th June, 1833, pursuant to Lord Goderich’s despatch of 23rd May, 1831,	1205	4	5	—B.—
Allowance to the Roman Catholic priesthood paid in gross to the R. Catholic Bishop as per warrant, for the like period—Lords of the Treasury, 31st August, 1827,	1111	2	2½
Salary to the Rev. Wm. Bell, Presbyterian minister, at the Rideau Settlement, for the like period, authorised by the Lords of the Treasury, 16th Jan. 1818,	111	2	2½
House rent to his lordship the Bishop of Quebec, for the like period, pursuant to Sir Geo. Murray’s despatch of 25th January, 1830,	200	0	0
Allowance to ministers of the United Presbyterian Synod of Upper Canada, for the ½ year ending 30th June, 1833, authorized by despatch from His Majesty’s Secretary of State for the Colonies,	388	17	8	—C.—
To paid Thos. G. Ridout, Esquire, Cashier of the Bank of Upper Canada, to be paid to the credit of Messrs. Haslope and Marsden for the missionary purposes of the Wesleyan Methodist Society, authorised by His Majesty’s Government to be expended in building Wesleyan Methodist Chapels in this Province,	1000	0	0
{134}
To paid the Rev. John Machar, Moderator of the Presbyterian Synod of Canada, authorised by His Majesty’s Government to be expended in building Presbyterian churches in this Province,	1000	0	0
To paid John Willson, Esquire, in behalf of the Canadian Wesleyan Methodists’ Conference, being the sum authorised by His Majesty’s Government to be applied to erecting churches and chapels for the Canadian Wesleyan Methodists in this Province,	666	13	4
To sundry persons, being portions of the allowance of His Majesty’s Government to be expended on Roman Catholic churches and chapels in this Province as per Schedule,	823	6	8	—D.—