1835. March 23, March 28, March 30, March 31, 64 VICTORIA, A. 1901 Return to the address giving the names of the justices of the peace, how they are appointed, &c. Page 77 Colborne to Aberdeen (confidential). Nothing particular doing in the Assembly till a few days ago when a bill to authorise the disposal of the clergy reserves was introduced. Has no apprehension that any of the proceedings of the Legislature will embarrass the local government this session, which he intends to close early next month. Grants in the supply bill may induce the Council to reject it. Sends newspapers with reports of debates on the clergy reserves. Resolutions have been proposed in the Council for an address to the King praying that the clergy reserve question may be brought before the Imperial Parliament without reference to the provincial Legislature. The difficulties of the clergy reserves question can only be solved by their resumption by the Crown. 65 Colborne to Aberdeen (No. 10). Transmits memorial from Le Breton for damages for turning the course of the Ottawa. 82 Enclosed. Memorial complaining of the damage caused to his property by turning the course of ths Ottawa in front of memorialist's land. Can obtain no redress either for this or other trespasses. States his attempts to obtain a settlement. Opinion of the Attorney General opposed to his demand; prays for an equitable investigation. 83 Opinion of the Attorney General (Boulton); the provision made for arbitration to determine the pecuniary amount of damage that may have been sustained. 87 Jameson, Attorney General, to Rowan. Le Breton's question is too general to admit of a definite answer. 90 Colborne to Aberdeen (No. 11). Transmits memorial from James Wickens for a grant of land on account of his long services. Recommends it for favourable consideration. 91 92 Enclosed Memorial of Wickens. Address of the Synod of the Church of Scotland in Canada. Enclosed in April 11, April 16, April 17. April 18, April 18, Toronto. Opinion of the Solicitor General on the bills to be reserved. 185 Opinion of the Attorney General on the bills he has advised to be reserved. 182 Colborne to Hay (private). Prorogation of the Provincial Legislature. Sends by his son papers that will show the present state of affairs. The shameful reduction of the salaries of the Attorney and Solicitor General. His anxiety for the close of the session. The most objectionable part of the proceedings was to have 2,000 copies of the report of the grievance committee printed without having it read to the House. Mackenzie had moved for this select committee early in the session. Cannot obtain a copy of the report but understands it contains most of the statements brought by Mackenzie to Downing Street and his comments on the petitions. The government party consisted of about 28 members but 6 or 7 were generally absent, so that their opponents were able to carry almost every measure they proposed. Recommends his son. 95 Memorial from William Dickson and others. Enclosed in Colborne to Aberdeen, 21st May, 1835. Colborne to Hay (private) Sends documents which should be submitted to the Colonial Secretary, on which he has not time to offer remarks. 97 Enclosed. Address from the Legislative Council respecting the clergy reserves. 99 Report of the select committee of the Legislative Council on the clergy reserves. 104 Resolutions of the House of Assembly respecting the clergy reserves. 147 SESSIONAL PAPER No. 18 1835. April 18. Toronto. April 22, Toronto. May 6. Toronto. May 6, Toronto May 15, Toronto Resolutions of the House of Assembly asserting its right to the entire control of the casual and territorial revenue. Colborne to Aberdeen (No. 12). ture and sends copy of his Speech. Enclosed. Speech. Page 160 Reports having prorogued the Legisla 166 167 Colborne to Aberdeen (No. 13). Sends copies of reserved bills, namely bill to amend the charter of the Commercial bank of the Midland District, Act to incorporate the Gore Bank and Act to incorporate the Upper Canada Life Insurance and Trust Company. Sends report of the law officers of the Crown and asks that the decision on the bills be communicated as early as possible 171 The same to the same (No. 14). Sends copies of bill to amend the charter of King's College, passed last session by the Assembly and rejected. by the Council. Does not think a bill to amend the charter can be passed, but believes the Imperial Parliament could so amend it as to leave no just grounds for dissatisfaction. The interest of the province requires that the opening of the University be authorised and a revision of the charter should be directed. Sends such provisions as would meet the essential conditions of the case. The provision which requires the professors to be members of the Church of England may be objected to in the Council but will be satisfactory generally in the province as consistent with the principles on which the college was founded. Hopes that His Lordship will recommend the opening of the Council on the conditions named. There are 145 scholars receiving a liberal education at Upper Canada College; its prosperity is of the greatest importance to the province, it should be closely connected with King's College and protected by a charter. Hopes the additional clauses for its government will be approved of. Has communicated the dispatch to the Archdeacon and transmits his remarks. Enclosed. Copy of bill to amend the charter of King's College. 189 200 232 Strachan to Colborne. Concurs generally in the proposed alterations to the charter of King's College but does not approve of the office of president being open to any but a clergyman. Does not however feel justified in making this single point a matter of serious objection. 248 Colborne to Hay (private). There can be no doubt of the importance of establishing King's College on principles generally approved of in the province. The preparations for the charter being received; in the alterations there are no tests but five of the Council are to be members of the Church of England. Remarks on the other proposed alterations in the charter. He has endeavoured to leave no just grounds of objection; other observations. 249 The same to Aberdeen (No. 15). Sends address from the House of Assembly praying for the removal of certain grievances. The failure of the Assembly to promote the public good is attributed by it to the frequent rejection of its measures by the Legislative Council and that there is no community of feeling between the Council and the people. Important bills are mentioned by the Assembly as having been rejected last session. Sends these bills with remarks on the reasons of the Conncil for rejecting them. The difficulty of selecting men fit to be placed in the Council, which should be composed of settlers who have been many years in the country and who should be able to attend regularly. The composition of the Council as it existed in 1831. Its present composition. 253 Enclosed. Address by the Assembly signed by Bidwell, Speaker. The Assembly has sent an address which, it is requested, may be sent to the Colonial Secretary. 257 1835. 64 VICTORIA, A. 1901 Explanatory statement of the principles which governed the Legislative Council in respect to bills from the Assembly. The bills are dealt with in detail. Page 258 Act to impose a duty on articles imported from the United States. 288 May 15, May 15, May 16, May 16, testate. 294 An Act for the more equal division of the property of persons dying in 296 309 310 326 Division of votes on the bill. Act to amend the jury laws. Act to repeal the laws in force for imposing fines on Quakers, Mennonites and Tunkers for non performance of militia duty in time of peace. 327 Act to promote education. Division of votes on the bill. Act to amend the charter of King's College. Act for the disposal of the clergy reserves for general education. 330 339 341 343 344 369 Act to promote freedom, peace, &c., at elections and to secure the independence of the House by adopting voting by ballot. Division of votes on the bill. 370 378 380 Act to make a grant to the Grantham and Bath Academies. Colborne to Aberdeen. Reports the property, occupation and period of residence of the members of the Legislative Council with reference to the appeal of the House of Assembly on the subject. 384 390 Enclosed. List of members of the Legislative Council. Colborne to Hay. Edward Boxall is residing in the township of Adelaide and letters sent to the care of Radcliffe, postmaster there, will be forwarded. 512 Memorial of Bishop Macdonell. Enclosed in Colborne to Aberdeen, 23rd May, 1835. J. B. Robinson to Colborne. Has sent explanation respecting the course of the Council in relation to the bills which the Assembly complains had been rejected and has also sent copies of the most important bills. Has not thought it necessary to enter into consideration of bills not enumerated by the Assembly. For forty years the Council and Assembly have proceeded with harmony in only one instance, about 18 years ago, there having been an interruption to this. Since 1829 the greater number of the laws of a general and public nature either originated in the Council or emanated from the Council as amendments to bills sent from the Assembly. 391 Enclosed. Schedule of bills originating in the Legislative Council during the 1st session of the 12th Parliament, which have become law. 399 Schedule of bills which came from the Assembly, which were finally enacted. 404 Schedule of bills which passed the two branches of the Legislature and were reserved by the Lieut. Governor. 408 Bill to allow the people called Separatists to affirm instead of taking an oath. 415 Bill to amend the law respecting bills of exchange and promissory notes. Bill to appoint the time and place for holding quarter sessions. Bill to make the remedy in cases of seduction more effectual and to make the fathers of illegitimate children liable for their support. Bill to abolish the difference between grand and petty larceny. Bill to allow persons to be admitted attorneys upon a service of five years under articles. 417 420 426 430 432 SESSIONAL PAPER No. 18 1835. Bill to make further provision for appeals from the Court of King's Bench. Page 434 Bill for the further amendment of the law and the better advancement of justice. Bill to mitigate the law in respect to imprisonment for debt. Bill to prevent the unnecessary multiplication of law suits and increase in costs on notes, &c. 477 444 468 Bill to establish a standard weight for the different kinds of grain and pulse. 483 Bill to alter the time of holding quarter sessions in the district of Niagara. 485 Bill to enable suitors in district courts to procure witnesses from other districts. 487 Bill to amend and continue for a time an Act to encourage the establishment of agricultural societies. 500 Bill to continue the road Acts of 1833 and 1834. 502 Bill to levy an increased tax on the district of Prince Edward for three years. 504 Proclamation dividing the Rideau Canal into three districts for the purpose of collecting the duties on timber. 508 May 16, May 16, May 18, May 19, Colborne to Aberdeen (No. 16). The objects of the bill imposing a tax on lands adjoining Canborough and Simcoe Road is the improvement of a very bad road, running through a portion of the Indian reserve. It was reserved chiefly because of the right it conferred to interfere with the ungranted Crown lands and clergy reserves. From the benefit it confers thinks the Act should be allowed to go into operation. Sends copy of his message to the Assembly, with observations of the Secretary of State on the Act to enable the executors of the late Thomas Stoyell to carry its provisions into effect. 513 Enclosed. Message with dispatch relative to the Stoyell estate bill. 516 Dispatch from the Colonial Secretary on the Stoyell estate bill. 517 Colborne to Aberdeen (No. 17). In reference to the memorial from the Auditor on Land Patents on the subject of his registering them; the subject had been referred to the Attorney General. Had intimated to Boulton that there was no objection to his transmitting a duplicate of his memorial to the Colonial Secretary. The letters will show when Boulton's memorial was sent to the Attorney General and the causes of the delay. Recommends the office to be continued. 521 Enclosed. Request of the Lieut. Governor to the Crown officers for their opinion whether the office of Auditor of Land Patents can be dispensed with and how far the public are protected by the establish ment. 532 Jameson, Attorney General, apologises for and explains the cause of delay in sending opinion of the expediency of continuing the office of Auditor of Patents which adds to the security of grantees. 533 Report of Hagerman, Solicitor General, on the value of the office of Auditor of Patents; the security it afforded against the loss that would be sustained by fire amongst the papers in the general land office. 536 Proposed form of abstract of patents that have passed the Great Seal and Auditor's office. 539 Colborne to Aberdeen (No. 18). The misunderstanding as to the appointment of public officers must have arisen from most of the public situations being fixed by Acts without specifying the mode of appointment. How the appointments are at present made. 540 Enclosed. List of officers with the authority for their appointment. 543 Colborne to Aberdeen (No. 19). Forwards report of the Commissioner of Crown lands on the petition of David Browne. The mislaying of the 1835. 64 VICTORIA, A. 1901 papers; the encouragement given to Browne and his society called the Adelaide Association; lands were appointed to be set apart for them but owing to the disagreement of the committee no satisfactory arrangement could be made. Had explained to Browne that government was not to blame and that the failure was due to his own want of arrangement. Is persuaded that Browne had neither the means nor influence to carry out any plan of emigration. Page 546 Enclosed. Peter Robinson, Commissioner of Crown lands, to Colborne. Reports the encouragement given to the Adelaide Association. The settlement impeded by the differences in the committee. Browne preferring Puslinch, whilst Gell, another member of the Association wrote that arrangements had been made to settle Seymour. Other circumstances connected with the settlement. 548 Brown to 553 Minute of Council, that the committee of the Adelaide Association has matle choice of the township of Seymour. 554 Minutes of Council reporting the case of the Adelaide Association. 555 Peter Robinson to Brown. Communicates with him respecting the lands for the Adelaide Association and sends extract from the Minutes of Council. 560 563 Brown to Robinson. The Adelaide Association has fixed on Puslinch in preference to Seymour. Gell to Robinson. Some delay may take place in settling in Seymour and asks that arrangements may be made. May 19, May 20, 564 Colborne to Hay. Has transmitted such an account of rejected bills as will enable the Colonial secretary to judge how far the complaints of the Assembly are well founded. The first division on the address was 22 to 18 and on passing was 26 to 15. It was moved without previous notice and 566 568 571 Colborne to Aberdeen (No. 20). Sends address from the Legislative Council for the settlement of the clergy reserves. The report mentioned in the address enclosed. Calls attention to the resolution of the Assembly in consequence of the message of the Council respecting the clergy reserves. Copy of the bill to dispose of the reserves, rejected by the Council, was forwarded on 15th May. Is convinced that no measure will be concurred in by the Council and Assembly that will settle the question of the clergy 575 Enclosed. Report of a select committee of the Legislative Council of Upper Canada upon the provision made by law for the support of a Protestant clergy in that province. 578 reserves. 634 Appendix A. Clauses of the British statute 31 George 3 c. 31 which relate to the maintenance and support of a Protestant clergy. Appendix B. Act relative to the right of tythes in Upper Canada. 646 Appendix C. Act to authorise the sale of a part of the clergy reserves in Upper and Lower Canada. 648 Appendix D. Copy of the opinion of His Majesty's Law officers relative to the clergy reserves. 653 Appendix E. Extract from the report of the select committee of the 657 666 |