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SESSIONAL PAPER No. 18

GOVERNOR EARL OF GOSFORD, 1836.

Q. 226-3.

1836. January 5, Quebec.

March 10,
Quebec.

March 12,
Quebec.

March 14,
Quebec.

June 7, Downing Street.

June 8, Downing Street.

No date.

Third report of the standing committee on public accounts.
Same in French..

Enclosed. Financial tables.

Minutes of evidence (in English and French).

Page 537 541

545 to 551

552

Gosford to Glenelg (No. 23). Transmits address from the Assembly on the state of the province and on certain parts of the instructions to the commissioners.

523

524

Enclosed. Address. Gosford to Glenelg (No. 24). Reports the failure of the Assembly to provide for the financial requirements of the province.

527 verso

Enclosed. Resolutions of the Assembly on the bill of supply. 528 verso
Extract from the journals of Assembly of 26th February, 1836. 528 verso
Comparative statement of the civil expenditure for 1833 and 1836. 529
Memorandum of items omitted for the six month's supply for 1836.
531 verso

Memorandum of items reduced.

531 verso

Gosford to Glenelg (No. 25). Transmits address from the Assembly praying for the removal of Gale from the Bench together with the documents relating to the case. Had the address only concerned Gale, whose case had been so often entered on, no notice would have been necessary, but as it complains of his (Gosford's) course in the honest exercise of his judgment it became necessary to ask for attention; requests to be informed whether his course met the approbation of the King. The explanation of his course is very long and detailed. 649

Enclosed. Address of the Assembly for the removal of Gale from the
Bench; complains of the conduct of Gosford.

Fifth report of the standing committee on grievances.
Documents connected with report to

665

673

750

Glenelg to Gosford. The King regrets the ill success of his efforts to remove distrusts and jealousies from the minds of the representatives of Lower Canada. The liberal instructions to the commissioners. No considerations of temporary expediency would lead the King to revoke the charter or to resume the lands granted to the British American Land Company, as it would endanger the formation of all proprietary titles and social rights. There has been no real differences of opinion between the Ministers of the Crown and the House of Assembly. No complaint had been alleged which had not been either promptly removed or made the subject of impar tial inquiry. No maladministration had been charged against him (Gosford). His Majesty's Ministers believe that the course pursued by the House may be ascribed to misapprehension of the instructions by the publication of a few detached passages; orders therefore sent to communicate a complete copy.

532

Glenelg to Gosford. The confidence placed in his zeal and sound judgment. A final report expected by the end of summer. Obligations to secure to the public servants, the remuneration due to them is again repeated. If the Assembly does not meet or does not vote supplies it will be for him (Gosford) to decide if a dissolution is advisable.

533

Unsigned and undated to Gosford. Dispatch of 14th March, with enclosures received. His refusal to remove Gale from the bench. The King approves of his course believing that to secure impartial justice the admin

1836.

1-2 EDWARD VII., A. 1902

istrators of the law should feel themselves practically secure in their seats and the King cannot depart from this except in a case of urgent necessity. There is no such necessity in this case and there is no imputation against Gale in his judicial capacity.

Page 662

Gov. EARL OF GOSFORD, 1836.

1835.

Q 227—1, 2, 3, 4.

Part 1 is paged from 1 to 225;-part 2 from 226 to 464;-part 3 from 465 to 674. Index, 675 to 691. Part 4 from 692 to 896.

Felton to Craig. (Two letters of same date.)

January 9.
January 14,
Quebec.

Craig to Felton.

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1836.

February 6,
Quebec.

Hayne to Walcott.

March 15,
Quebec.

This and the preceding seven enclosed in Gosford to

Glenelg, 11th May, 1836.
Gosford to Glenelg (No. 26). Reports that a bill was reported by a
special committee to regulate the communications with the agent. The bill
did not pass, but he is afraid the report will be acted on, thus destroying
the King's prerogative.

Page 3

5

Enclosed. Report of a special committee on the means of communicating with the agent during recess.

March 16,
Quebec.

Gosford to Glenelg (No. 27). Transmits schedule of dispatches from the Colonial Office, received since his last communication of 1st February. 12 Enclosed. Schedule.

13

March 19,
Quebec.

Gosford to Glenelg (No. 28). There being no quorum, he intends to close the session on the 21st.

16

March 19,
Quebec.

Same to the same (No. 29). Transmits an address from the Legislative Council on the timber trade.

18

Enclosed. Address stating the alarm caused by the proposed change in the timber duties.

20

Comparative statement for seven years of the tonnage and seamen in the export trade.

28

March 21,
Quebec.

Gosford to Glenelg (No. 30). Has prorogued the provincial parliament; sends speech at closing.

29

Enclosed. Speech at prorogation.

32

March 22,
Quebec.

March 22,
Quebec.

Gosford to Grey (separate). Points out that an error was committed in stating that the contingencies of the Council had been reduced in the supply bill. Asks that this error be corrected. 35

The same to Glenelg (No. 31). Sends address from the Legislative Council for the grant, as promised, of waste lands for the endowments of seminaries of useful learning. Remarks on the address and on the claims of the Royal Institution.

36

Enclosed. Address from the Legislative Council for a grant of waste lands for seminaries of learning as promised.

42

SESSIONAL PAPER No. 18

1836.

March 24, Quebec. March 26, Quebec.

March 26,
Quebec.

March 28,
Quebec.

March 29,
Quebec.

March 31,
Quebec.

Extract from the report on the claims of the Royal Institution. Page 48 Gosford to Glenelg (Confidential). Explains the principles by which he was guided in preparing his speech at prorogation.

49

The same to the same (No. 32). Forwards fourth report on grievances. As it chiefly concerns Aylmer refers to him on the subject. Explains that Chief Justice Sewell did not interfere either politically or judicially with the address from the Legislative Council and only signed it as Speaker. 51 Enclosed. Fourth report on grievances.

55

Gosford to Glenelg (No. 33). Transmits petition signed by 29 individuals, calling themselves the Executive Committee of the Constitutional Association of Montreal, praying that the Act of the provincial Parliament regulating the proceedings on contested elections be disallowed owing to its injustice towards partners.

Enclosed. Petition. The signatures are given.

61

65

70

72

Gosford to Glenelg (No. 34). Transmits schedule of dispatches received since the 16th instant.

Enclosed. Schedule of dispatches.

Gosford to Glenelg (No. 35). In conformity with instructions has arranged that the staff pay and allowances of one of his aides-de-camp shall cease on the 31st instant. 73

The same to the same (No. 36). Transmits address from the Legislative Council respecting the regulation of a post office in the province with copy of Act establishing the same. Bill transmitted by Spring Rice on the subject on 5th October, 1834; referred to a special committee which reported a Bill of its own. Further remarks and other documents sent. Complaints against the deputy postmaster-general for illegally appropriating part of the post office revenues on which Gosford explains why he could not interfere, the arrangements being made by the postmaster-general, but that he would communicate with His Majesty's government and recommend that an early consideration be given to the subject. Recommends the abolition of Stayner's privilege of forwarding newspapers and pamphlets to his private advantage. Part of the documents are not yet ready, so cannot be sent.

Enclosed.

Bill to establish a post office in the province and to provide for the future management of the same.

The same in French.

Evidence of the special committee of the Legislative Council.
Report of the committee.

75

84

153

226

277

Note of the Earl of Gosford on the application of Messrs. Leslie and O'Callaghan for stopping the remittance of £3,000 a quarter's revenue of the Canadian post office.

312

Address of the Assembly for measures to cause Stayner to reimburse amounts for the carriage of newspapers and pamphlets which Stayner has appropriated for his own benefit.

314

April 1,
Quebec.

April 5,
Quebec.

Freeling to Armour. The postage of newspapers is a perquisite of the deputy postmaster general.

315

Answer by Gosford that he cannot comply with the request to make the deputy postmaster general reimburse the amounts he has received on newspapers and pamphlets for reasons given.

317

Gosford to Glenelg (No. 37). Transmits statements of receipts on account of casual and territorial revenue and on sales of Crown lands, &c.

321

Enclosed. Statement of receipts of casual and territorial revenue. 322
Statement of receipts from Crown lands and from licences to cut timber.

323

Gosford to Glenelg (No. 38). Sends copies of letters respecting William Brophy. 324

1836.

April 6,
Quebec.

April 6,
Quebec.

April 13,
Quebec.

April 14,
Quebec.

April 15,
Quebec.

April 16,
Quebec.

April 18,
Quebec.

April 23, Quebec.

1-2 EDWARD VII., A. 1902

Enclosed. Brown to Walcott sends copy of letter from William Brophy.

Page 326

William Brophy to Brown stating that he is the person inquired for and giving an account of his services.

Gosford to Glenelg (No. 39). Kerr for his arrears of salary. judge.

327

Has been applied to by the son of judge Desires to know when Kerr ceased to be a

329 The same to the same (private). Has it in contemplation to pay off six months arrears of salaries to public officers and contingencies. How pluralists may be dealt with. The regret increasing at the violent party having defeated the grant of arrears. The force of public opinion may enable some of the members to change their votes. Roebuck's influence.

334

The same to the same (No. 40). Transmits petition from Mrs. Bridget Rhodes for a pension as the widow of the late Joseph de Varennes. 336 Enclosed. Petition from Mrs. Bridget Rhodes, widow of Ensign Varennes (in French).

Certificate of the burial of Varennes.

Marriage certificate of Varennes and Bridget Rhodes.
Certificates of the official position of the signers follow.

338

340

341

Gosford to Glenelg (No. 41). Reports the dissolution of the "British Rifle Corps" and the unsuccessful attempt to form the "Montreal British Legion." 344

The same to the same (separate). Sends report from William Walker appointed delegate by the Constitutional Association of his interview with His Lordship (Glenelg).

346

Enclosed. Copy of the Quebec Mercury containing the report. 348 Gosford to Glenelg (No. 42). Reports that although the proceedings of the Montreal Constitutional Association have attracted no attention in the other provinces, yet meetings are to be held of delegates from Quebec and Montreal. The French Canadian party seem inclined to act in a similar

way.

408

Gosford to Glenelg (No. 43). Sends reports of meetings at Megantic and the parish of St. Benoit in Two Mountains. The meeting at St. Benoit condemns the conduct of the British government as well as Acts of the local administration whilst the other expressed its disapprobation of the conduct of the majority in the Assembly, appreciated the motives of government in sending out the commission and approves of the intention of government to apply the Crown revenues towards paying public salaries.

411

Enclosed. Copy of the Vindicator with report of the meeting at St. Benoit.

Report of the meeting at Megantic.

414 428

Report (in French) of the meeting at St. Benoit, Two Mountains. 452 Gosford to Glenelg (No. 44). States his views as to the Assembly having declined to pay the salaries of public servants who have not been paid since the end of 1883. Even payment in full would be too late to extricate many of them from severe embarrassment. The zeal and integrity of the public servants in these circumstances. Sends statements of liabilities and assets at the disposal of the Crown which may be applied to the relief of the public servants. How the claims were divided. Refers to tables marked No. 1 and No. 3 for a full explanation. Enclosed. Scheme of proposed payment of arrears. Recapitulation.

692

700

713

Statement of revenues at the disposal of the Crown in the public chest

on 10th April, 1836.

List of items omitted in the plan for paying arrears.

715

716

SESSIONAL PAPER No. 18

1836.

April 25,
Quebec.

Note of indispensable contingent expenses of the civil government to 10th October, 1836.

Page 718

Gosford to Glenelg (No. 45). Transmits address of the Assembly on the claims of the embodied militia, with remarks on previous actions on the matter. Sends copies of correspondence.

720

Enclosed. Resolutions of the Assembly on the subject of the claims to land of the embodied militia.

734

First report of the committee on the Governor's answer to the address for grants of land to the militia.

737

Form of grant.

743

Number of militia embodied and ordered for service, with the quantity of land which would be required to satisfy their claims.

747

Statement of the number of officers, &c., who have received location tickets. 748

April 26,
Quebec.

April 27,
Quebec.

Gosford to the House of Assembly on the claims of militia for land. 749 Statement showing the number of unsatisfied claims of officers, &c. 752 Gosford to Glenelg (No. 46). Recommends ten gentlemen for seats in the Legislative Council. His object is to remove the prejudice that exists against it.

753 The same to the same (confidential). In the enclosed list states the political principles of those he recommended for the Council. The political views of the first seven summarised. Is inclined to agree with their views as to the elective principle in regard to the Council.

763

765

Enclosed. List of gentlemen recommended for seats in the Legislative Council.

Gosford to Glenelg (private). The report on the Executive Council is on the eve of being completed, but for reasons affecting the course of Head in Upper Canada the sending of it will be postponed.

766

April 28,
Quebec.

May 3, Quebec.

May 3,
Quebec.

May 4,
Quebec.

May 5,
Quebec.

May 5,
Quebec.

May 5,
Quebec.

May 5,
Quebec.

Walcott to Felton.

The same to the Attorney General.

Felton to Walcott.

The same to Craig.

The same to the Attorney General. This and the four preceding enclosed in Gosford to Glenelg, 11th May, 1836.

Gosford to Glenelg (No 47). Has determined to renew the quarantine establishment and has issued modified regulations particularly as regards restrictions. Sends copies of regulations for distribution.

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Gosford to Glenelg (confidential). Had sent list in his official dispatch of this date, now sends list of persons recommended, with notes on their political principles; if the list is approved of, asks that mandamuses be sent. In his uncertainty had not told the persons that they were recommended. Some may decline the appointment, but a sufficient number will accept. It is not of the power of the Governor that complaint is made, but of the too great interference of the Imperial Government. The power of appointing should be given to the Governor, not from a desire for power, because the greatest annoyances arose when he had the power of appointment. He had been urged to nominate Papineau, but states the objections to this course.

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