64 VICTORIA, A. 1901 answer from the High Commissioner's office was that the letter patent to create the barony of Glenelg was dated on the 8th May, 1835, although Mr. Grant had signed as Lord Glenelg a short time before that.

In a work entitled Wentworth Land Marks, published by the Hamilton Spectator, a description of the Desjardins Canal is given, but nothing is said of the projector. In a dispatch from Sir John Colborne, Lieut. Governor of Upper Canada, dated 6th November, 1835, in dealing with the question of the proprietorship in Canada of property belonging to aliens, Sir John Colborne in reference to the relief bill for the heirs of Peter Desjardins stated that these heirs consisted of two brothers and a sister, who ask to be empowered to inherit the property of their late brother as if they had been natural born subjects. The question submitted by Sir John Colborne was whether the Crown should forego its rights in favour of the family in consequence of them being closely related to the late Peter Desjardins, "projector of the Desjardins Canal,” a statement which may be taken as correct as being officially reported by the Lieut. Governor to the Colonial Secretary (Series Q. 387-2, page 273).

In a memorial addressed by Mr. Charles Shirreff, of Fitzroy, to Lord Dalhousie, dated 28th August, 1828, some account of the origin of the lumber trade in Upper Canada is given incidentally. Extracts from this memorial accordingly follow, the purely personal parts of it being omitted. After stating the policy of the Northern Powers of Europe in shutting their ports against Great Britain the memorial continues:

Although the political causes which had made it necessary for Great Britain to procure timber from the Colonies were removed, yet the trade being once opened has been continued. It does not appear, however, that Government till within these few years ever gave any legal sanction, for cutting the timber on the Crown lands, excepting that the mercantile houses in England contracting to supply the Naval yards with timber received annually licenses to take a certain quantity, to enable them to fulfil their engagements with Government. These licenses were transmitted to their agents at Quebec, and contracts were made accordingly with the lumberers in the country. But the quantities of timber brought down had for several years far exceeded the extent of the licenses. This did not arise from neglect on the part of the Provincial Government, but rather from a tacit permission, the trade being considered of consequence to the country and favoured accordingly in the financial arrangements of the general Government.

The contractors with the Government, however, remonstrated a few years ago against those who were cutting without licence as interfering with their privileges, and the Law Officers of the Crown in Upper Canada, from which Province the supply was chiefly obtained, finding that the business was carried on illegally were under the necessity of ordering the Sheriffs of the District to seize all the timber which they should find cut without license.

Your Memorialist has resided since the year 1819 on lands granted to him and situated on the Ottawa, in the Township of Fitzroy, 150 miles from Montreal, and in the neighbourhood of that part of the country where the red pine is procured. He has not been engaged in the trade, but has observed its progress and growing importance, and he saw with regret the above measures adopted, probably unavoidable under existing circumstances, but which, if persisted in, must have destroyed a branch of commerce very beneficial to the country.

Having occasion to go to York in the autumn of 1824, he took an opportunity of speaking to the present Chief Justice (then Attorney General), and Major Hillier, Secretary to His Excellency, the Lieutenant Governor, on the subject, and the result of these conversations was a request that he should on his return home communicate such

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information as he might think useful in the consideration of measures necessary for the regulation of the trade, which he accordingly did in a letter to Major Hillier.

Your memorialist went to York again in September following, and found that His Excellency Sir Peregrine Maitland had thought it proper to communicate with Earl Bathurst, previous to taking any steps in the matter. An answer having been received from His Lordship shortly before, His Excellency proceeded to the consideration of the subject as soon as other business permitted, and Your Memorialist had the honour of giving His Excellency in Council what local information he could communicate and of stating the opinion he had been led to form on the subject.

After a very attentive investigation The Honble. Executive Council submitted a report of considerable length to His Excellency, and your memorialist received the following letter from Major Hillier, dated

GOVT. HOUSE, 9th Nov., 1825.

DEAR SIR,―The consideration of the Government has been very attentively given to the subject of the present state of the timber trade in this Province, and a report made by the Executive Council will be transmitted without loss of time to Lord Bathurst, containing certain suggestions calculated to place the matter, as it is hoped, on a more clearly defined and better footing for the future.

With respect to the adoption of any intermediate measure it will be clear to you that, even were the Lieut. Governor disposed to assume such a responsibility, the situation of the river Ottawa (in the circumstance of its left bank, during its whole course through this Province, being within the limit of another government) would render such measures in a great degree nugatory.

In making this communication to you, I am commanded by His Excellency to express to you his thanks for the valuable information you have afforded to the government on the matter in question.

I have the honour to be, &c.,

G. HILLIER.

CHARLES SHIRREFF, Esq.

The matter being brought to this point with the government of the upper province, the stay of the memorialist at York was no longer necessary. Still, however, the business was but half completed, as from the situation of the River Ottawa, dividing as it does the two provinces for several hundred miles, any measures respecting the timber trade which might have been adopted by the Government of one, could only have been made effectual, as Major Hillier remarks, by the co-operation of that of the other.

A communication, therefore, on the subject with your Lordship became desirable, and it was proposed as the shortest and most effectual mode that the memorialist should proceed to Quebec and request an opportunity of stating and explaining the business; which he did as soon as the ice became safe for travelling from his residence on the Ottawa.

Your Lordship gave the subject immediate attention and after due consideration and enquiry, the Honourable Executive Council submitted to your Lordship the propriety of adopting and co-operating in the measures recommended by the Government of the Upper Province. In consequence thereof and in order to remedy the inconveniences which arose from the trade being on an illegal footing, proclamations were issued of the same tenor by each Province giving liberty to cut timber on the waste and unappropriated lands upon payment of certain prices to the Crown.

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On receiving the accounts and returns at the end of the first season, the Honourable Executive Council of the Lower Province expressed their sense of the salutary effect of the measures which had been adopted in terms, too flattering perhaps to the memorialist. (The terms are given but are here omitted).

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64 VICTORIA, A. 1901

From the Ottawa being on the confines of both Provinces, their respective Governments saw it most convenient to appoint only one collector for that river. A raft frequently consists of timber from the Crown lands in both Upper and Lower Canada and likewise from private property, so that it would be impossible for an officer not on the spot to ascertain the quantity from each.

(Series Q., Vol. 375-2 page 350.)

The following extract is from a letter from Lord Dalhousie, written from Dalhousie Castle and dated July 26, 1832:

MY DEAR SIR, I feel great pleasure in declaring upon all occasions, and particularly when you are urging claims upon the Government, that at many times when I was in the administration of the British Colonies in America, I had great cause to acknowledge services rendered by Mr. Shirreff your father. In these days (1820) the timber trade was rising into activity and posperity, regulations were necessary and system called for. Mr. Shirreff, an eminent merchant from Leith, came then into the Canadas. (Series Q. vol. 375-2 p. 359).

Part of this letter is a personal testimony to Mr. Shirreff's merits, and has no direct bearing on the lumber trade; it has, therefore, been omitted. Some letters written by Lord Dalhousie are no doubt answers to others from Mr. Shirreff, which it has evidently not been thought necessary to publish. Much of the correspondence relates to claims for remuneration for services rendered and the letters being of no general interest require no comment, but Mr. Shirreff's remarks on the delays and consequent expense caused by the Falls of the Châts and the Chaudière may be quoted as showing the state of affairs that existed on the Ottawa in 1831, so far as the lumber trade was concerned. The object of the remarks was to obtain improvements on the Ottawa, so as to facilitate the transport of timber.

The conflicting interests with regard to the Colonial Lumber Trade make it of the greatest importance to this country that the article should be shipped at Quebec on as low terms as possible, the prices in the English market being kept in check by those of the timber from the Northern countries of Europe. But to enable the lumberers to furnish it moderately, facility of conveyance must be given them, particularly on the Ottawa from whence the greatest part of the Red Pine is brought.

The first serious obstruction which the general body of the timber meets with is at the falls of the Châts where the rafts are broken up in coming over, and must be again formed in the Bay called Fitzroy Harbour. This creates a delay of at least three weeks, and frequently longer, which at the lowest calculation occasions an expense of d. per foot.

The same detention takes place at the Falls of the Chaudière and consequently the same expense.

The timber being thus detained on its way in the upper parts of the Ottawa, loses the most favourable season for going down the rapids at Hawkesbury and at the Island of Jesus, the River falling before the greatest quantity of the Red Pine Timber can reach them, so that it must be taken down in one or two cribs at a time, whereas earlier in the season, one half of a raft, or, if not a very large one, the whole of it, might be carried down these rapids at once. Thus a great deal more time is consumed, and a further expense incurred of at least 1d. per foot. Moreover by this detention a great proportion of the timber from the Ottawa is thrown into a late season. Instead of reaching Quebec in September, as it might do, if these obstructions were removed, many of the Rafts do not arrive till November, when they meet with stormy weather and are frequently broken up and much of the timber lost. All this hazard and expense could be easily saved by the improvement of the passes at the Châts and Chaudière. Slides

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or inclined planes on a simple principle at these places would give all the facility wanted to insure the arrival of the great bulk of the Timber in Quebec market not only at a safe season in respect to the weather, but also at a more favourable period for its disposal. But if it is not done soon the price of the timber must rise and the Trade diminish, for the timber which is most easy of access is getting scarce and the lumberers cannot at the present prices afford to go further for it without more convenience is given them in bringing it to market.

Partial improvements would also be necessary in the tributary rivers of the Ottawa, such as the Bonnechere, the Madawaska, &c., from which large quantites of the timber is procured.

A branch from the Rideau Canal to the Chaudière Lake has been surveyed and reported on and it was ascertained that it could be carried by the line described of about five miles in length through a bed of clay (avoiding any rock excavation) and that the lockage necessary would not exceed fifteen feet.

It would give the Chaudière Lake and the other upper parts of the Ottawa, the benefit of the Rideau Canal, and consequently uninterrupted water communication to Montreal, besides forming direct and ready access to Kingston from that part of the country. It would also be of great consequence to the lumber trade in reducing the expense of the carriage of provisions from Montreal, Kingston, &c.

For all these important purposes, I humbly think that an appropriation of onethird of the revenue arising from the Crown timber would be sufficient.

When the Crown prices were fixed the rate in the market of Quebec, was no doubt higher than it now is. The fall in the price may be attributed to two causes, one of which I consider a very beneficial one, and will continue I trust to keep the prices moderate.

I allude to that regularity in the trade which the system adopted by Government has introduced. The other cause of the reduction is a gradual increase of the trade until it has exceeded the demand for the article in the Quebec Market. But I am persuaded that if the necessary facilities of conveyance were afforded that the lumberers could furnish it at the present prices, low as they are, with profit which would soon induce a greater demand from home and a consequent increase of the revenue from the Crown Timber in this country.

YORK, December 21, 1831.

(Series Q. vol. 374-2 p. 291.)

CHAS. SHIRREFF.

On receipt of Sir John Colborne's letter, with the proposals of Mr. Shirreff, the Lords of the Treasury expressed no objection to the works suggested being executed, but stated that the report of the amount to be expended was far too vague and indefinite to warrant their sanction being given. The expense, the time to be spent on the work, and all other necessary information were to be sent for the consideration of their Lordships before an official decision could be arrived at. In January, 1834, the Board of Ordnance reported that the formation of timber slides at the falls of the Châts and Chaudière would be productive of all the advantages stated by Sir John Colborne and would not interfere with the Rideau Canal. The slides, therefore, might be constructed by the provincial government and placed under its control. This was the nearest approach to an answer to the question whether a charter might be granted to individuals to construct the slides, no notice, so far as the records show having been taken by the Lords of the Treasury or other officials of the action of Lord Dalhousie, although the following letter written by His Lordship to Sir Peregrine Maitland, dated 26th September, 1826, shows that Lord Dalhousie, as Governor General, not only approved of the plan of secur

64 VICTORIA, A. 1901 ing the safe transit of timber over the Chaudière Falls, but appropriated a sum of money for carrying it into effect. The following is the letter, which is given in full :—

MY DEAR SIR Peregrine,

FALLS OF CHAudière,
26th September, 1826.

I have thought it my duty to meet Lieut.-Colonel By here upon the spot where his great operations on the Rideau Canal will commence. I am much gratified in seeing every thing favourable and even encouraging to it, but as he will himself see you soon, I leave it to him to explain the enquiries and the progress he has made.

At present I write hastily upon another subject concerning the civil affairs of the two Provinces in which I hope my views will correspond with yours.

You are already well acquainted with the wild rocks and falls of the river at this place, that the rafts of timber suffer more losses in being dashed over-that lives are frequently lost in this operation and that there is a branch on this front of broken rock by which a smooth trough of water can be made to pass these rafts in perfect safety at all times.

Colonel By has to-day examined the place with me and roughly calculated that £2,000 would perfectly accomplish the whole. It is now too late in the season to do it all, but yet enough may be done to great public advantage for the opening of the river in next spring.

Considering the report of Mr. Shirreff that the duty on timber collected by him this summer amounts to £3,000, I have no hesitation in applying at once £1,000 of that to the work proposed and that sum in proportion to the total collection for each Province.

In thus promptly deciding on the work, I know I incur responsibility, but in my station, I consider it my duty to do so, and I ask your concurrence to the proposal. All proper steps shall be taken to have the sanction of His Majesty's Government.

I return to Quebec to-morrow and shall feel pleasure in hearing from you upon this subject. I have, &c., DALHOUSIE.

His Excellency,

SIR P. MAITLAND,

&c., &c., &c.

(Series C., Vol. 42, p. 95.)

A similar letter, of the same date, was written by Lord Dalhousie to Lieut. Colonel By in which it was stated that he was to "consider this work as altogether distinct "from those which you have in chargge on the Rideau Canal" his services in this respect being specially rendered to the two provinces and to be acknowledged and the letter ends with the words: "From having conversed [on] the matter fully together, I "leave it wholly to your judgment and execution" (series C. Vol. 42 p. 99). branch canal through Dow's swamp to connect the Ottawa river with the Rideau Canal was advocated in a memorial to the Colonial Secretary in 1835, asking for various improvements, this branch canal being the first to which attention was directed in the memorial. The benefits that it was urged would flow from this measure were that Government would thus have possession of the key of the whole navigation, that entrance to the Chaudière Lake being secured steamboats from Montrea! would be enabled to reach Fitz Roy harbour, where another cut of one mile would be necessary to extend the navigation still further. The ultimate object, as stated by the memorial was to "Con"tinue the navigation to Lake Huron in the direction of Lake Nipissing and the French "River, the distance from Montreal by that route is 450 miles and being once opened