SESSIONAL PAPER No. 18 1834. July 31, Sorel. October 13, Aylmer to Hay. Sends letter addressed to Captain Mackinnon. The province has been visited with disease both at Montreal and Quebec which in many cases assumed the form of Asiatic cholera. 300 Yorke to Kempt. His recollection is the same as his (Kempt's) respecting the grant to Felton. Enters into details on the subject. Page 126 Kempt to Hay. Had received his letter respecting grant for Felton and recollected his applying for a grant of 1,200 acres for each of his children which was refused but in forwarding the memorial he recommended that if any were granted the grant should be limited to 200 acres. The suggestion was approved of. Recollects that he never authorised grants to be prepared for each of Felton's children. Encloses letter from Yorke who was civil secretary at the time and has desired him to call in case further information is required. 124 Gov. LORD AYLMER, 1834. Q. 217-2. 1834. August 5, Sorel. August 7. August 10, Angust 15, September 2, Aylmer to Spring Rice (No. 67). Has received dispatches according to schedule annexed. Enclosed. Schedule. Page 302 303 Aylmer to Spring Rice. Has been informed that he (Spring Rice) has been honoured with the seals of the Colonial department. 304 The same to the same (private). Has received letters. The difficult state of affairs has been brought about by the House of Assembly. His regret that the committee of the House of Commons has determined not to print the evidence on Canadian affairs as it creates in his mind anything but a favourable anticipation of the report so far as it regarded him personally. The nature of the accusations requires something more than a verdict of not proven. He is entitled to a triumphant result. If after being held up as a criminal by the House of Assembly, the falsehood of the charges is not made manifest by the publication of the evidence, he would have cause deeply to regret that articles of impeachment were not prepared against him. Sends a copy of the Vindicator the organ of the party that ruled the House during last session. It shows the object of the party. 305 Enclosed. Extracts from the Vindicator entitled "Our Prospects." 308 Extract on Canadian Affairs. 316 Aylmer to Spring Rice (No. 68). Has received dispatches according to schedule annexed. Enclosed. Schedule. 319 320 Aylmer to Spring Rice (private). Excitement caused by the appointment of Gale to the Bench. The opposition to him is on the ground that he is not a French Canadian and that in politics he was a partizan of Dalhousie, but there is no denial of his qualifications. Has himself little knowledge of Gale, but was impressed with the belief that he was opposed to his (Aylmer's) line of policy. The selection, therefore, could not have arisen from personal or political motives but was the result of a strong recommendation by Chief Justice Reid. As to the charge that he is not a French Canadian, of four appointments, including Gale's, subsequent to 1828 three are French Canadians and if politics is to be made a ground of objection the same objection applies to the other three. Is ashamed justifying himself before hand but the virulence with which he was attacked rendered it necessary to guard government against misrepresentation. His peculiar position in the province and the want of support from the Imperial government. 322 Enclosed. Extracts from newspapers on the appointment of Gale to the bench. 327 1834. Septen.ber 2, Sorel. September 6. September 9, September 11, September 13, September 19, Aylmer to Spring Rice. (No. 69). ment of Gale to the bench in his room. The same to the same. (No. 70). troops in the Canadas. 64 VICTORIA, A. 1901 Resignation of Uniacke and appoint Page 358 Sends return of the distribution of 359 Enclosed. Monthly return of the distribution of troops dated 1st August, 1834. 360 Aylmer to Spring Rice (private). Sends copy of the Vindicator with proceedings of the central committee of Montreal, which deserve serious attention. The threat to take up arms only excites a smile of contempt, however it may be regarded at 3,000 miles distant. Does not think the new House of Assembly will prove more reasonable than its predecessor. Care will be taken to avoid all appearance of interference with the elections on the part of the local government and the officers have been desired to abstain from offering themselves as candidates, the field being left entirely open to the antagonists. The two provinces have again been severely visited with Asiatic cholera. 361 Enclosed. The Vindicator containing report of Convention including letter from Roebuck. 364 Aylmer to Spring Rice (private). So much has been said about finances that he is unwilling to discuss the subject when he (Rice) is so much engaged otherwise; but he cannot divest himself of the opinion that the 1 and 2 William 4 contains its own remedy. Sends extract from dispatch of 19th August, 1833, in support of this. There is no difference of opinion as to the power given to the provincial legislature by 1 and 2 William 4, cap. 23, to appropriate the revenue collected by 14 George 3, cap. 88, but the Imperial law officers appear to have had under consideration only one half of the question. How and under what circumstances, the Act of 1 and 2, William 4, cap. 23, will become inoperative. 397 Aylmer to Spring Rice (No 71) On the request of Judge Vallières de St. Real sends correspondence in respect to a case in which he is concerned. In the course of a trial for nuisance in which Judge Vallièrs managed his own case, he was sentenced to an hour's imprisonment for contempt of Court. Judge Vallières subsequently complained to him (Aylmer) demanded that the Executive should vacate the sentence of the Court and vindicate the dignity of the judicial character. Had decided that the Executive should not interfere but leave Vallières to obtain redress in the courts. Vallières demanded the return of the documents sent in his first communications, which being refused he asked that the whole correspondence should be sent to His Majesty's government which is now being done. If declared to be wrong he shall obey instructions relating to the affair. 402 Enclosed. List of papers relative to the imprisonment of Justice Vallières. 406 Judicial and other papers respecting the case. 407 Aylmer to Spring Rice. (No. 72). Sends return of the troops serving in the Canadas on 1st September. 441 Aylmer to Spring Rice (No. 73). Has received dispatches according to schedule annexed. 443 Enclosed. Schedule. October 8, October 7, 414 Aylmer to Spring Rice (private). Has received dispatch that arrangements have been made to advance the balance unpaid on the Civil service estimates for 1833. When official dispatches arrive he will send an official answer. Sends now observations on the affairs of the province. Canadian affairs require a long apprenticeship to understand for no where else is the art of chicanery so well understood and one proof is their making members of Parliament believe that the country is in the same condition as it was in the United States before their struggle for independence. If true, he would deserve the severest punishment for concealing it, but nothing can SESSIONAL PAPER No. 18 1834. October 10, be more remote from the truth. The French Canadians will listen to the list of sham grievances which the leaders of the disaffected party possess such talent in inventing, but they will not go further or attempt armed opposition to the constituted authorities. The difference between the population of the United States at the time of the revolution and that of Lower Canada at the present time. The French Canadians are a quiet race, little given to abstract questions but they are made the instruments by which a small number of factious men contrive to gain an ascendency in the House of Assembly. The minority makes up for its want of numbers by its wealth, energy and superior industry. In event of armed hostility these to a man, almost, would range themselves on the side of British government as would the people of Upper Canada. The tongues and pens of the disaffected are the only weapons they would use, but the new Assembly will prove more unreasonable than the last. Sends newspapers to show the efforts made by the disaffected. (These were not enclosed). Calls attention to their contents and to the remarks of Neilson's Gazette. The increased violence of the disaffected arises from the committee of the House of Commons having listened to their sham grievances and the seditious menaces of the Assembly. Thinks it not unlikely that a fresh appeal to Parliament may be made and suggests that to anticipate such appeal a parliamentary commission should be sent to Canada to ascertain its state. The care that should be taken to select the individuals to form such a commission. Page 446 Aylmer to Spring Rice (No. 74). Sends statements of receipts of casual and territorial revenue and of Crown lands and licenses to cut timber for three months ending 30th September. 454 October 13, 457 The same to the same. Sends copy of Quebec Almanac for the present year. Enclosed. Receipts of casual and territorial revenue. 455 456 458 The same to Spring Rice (private). Sends a copy of the Minerve and calls attention to an article entitled "Correspondance de New York," which indicates the desire of the disaffected party to separate from the mother country. Does not believe they would suit the action to the word, and if they did, the English speaking party would rally round the govern ment. Enclosed. Extracts Quebec Gazette; 3rd October. 459 461 468 Aylmer to Spring Rice (private). Had sent a copy of Minerve, now sends the Echo du Pays, some passages of which are downright treason, but a jury could not be got to call it so. The little effect produced by these articles. 490 Has received dispatches according to (No paper was received with the above letter.) Enclosed. Schedule. Aylmer to Spring Rice (No. 76). improvement of the navigation of the tion is one of first rate importance. The address is in Q. 383. now sends documents asked for. 491 492 Transmits address praying for the 495 Aylmer to Spring Rice (No. 77). Had forwarded letter from Daly; 497 Attached. Notes for answer to Daly's application. 498 Enclosed. Daly to Craig. Transmits statement of fees and memoran dum to remove the impressions of the Colonial Secretary. 502 1334. November 7, 64 VICTORIA, A. 1901 Page 503 506 Memorandum accompanying the statement of fees. Statement of fees. Aylmer to Spring Rice (private). Sends copy of Neilson's Quebec Gazette containing articles relating to the election which agree with his own opinions. 507 November 17, The same to the same (No. 78). Has received dispatches, according to schedule annexed. 508 Enclosed. Schedule. 509 November 20, Aylmer to Spring Rice (No. 79). Transmits memorial from Simon Fraser, late lieutenant in the 42nd regiment. 510 November 22, November 23, November 24, November 28, 511 Enclosed. Memorial of Simon Fraser for compensation for a part of his land taken for the use of the Rideau Canal. Aylmer to Hay (private). Recommends him to have an interview with Ryan, a gentleman engaged in commercial pursuits in Lower Canada, who can give him more information of the state of the province than could be supplied in a long letter. 513 The same to Spring Rice (No. 80). Immediately on being authorised to pay from the military chest a sum not to exceed £31,000 to pay arrears for the year ending in October, 1833, he assembled the Executive Council to arrange details. Sends report and on behalf of himself and the other officials he returns thanks for the seasonable relief, the salaries of some being due for 20 and of others for 17 months, the individuals, with few exceptions, being entirely dependent on their salaries, many having had to part with their furniture, plate and watches to obtain the bare necessaries of life. Was apprehensive of a dissolution of the King's government in the province from the want of means to carry it on. Is relieved for the moment but it is necessary to guard against the recurrence of so critical a state of affairs. 515 Enclosed. Report of a committee of the whole Council to adjust the payment of arrears. The committee have prepared two schedules, the first showing the balances of salaries unpaid for the year 1833, the other showing the balances due for contingent expenses for the same year. They recommend that warrants issue for the balances stated in these schedules. 518 Schedule, No. 1. Schedule. No. 2. 525 530 Aylmer to Spring Rice (confidential) Wil! answer in a short time subjects concerning the public service, the present he is writing in his individual capacity giving his own views relating to the public situation in Lower Canada which appear to render a change desirable owing to the difficult services in which he is placed and the personal hostility towards him of the Assembly States the position of affairs and concludes: "I request it may be understood that if in my peculiar situation the highest office at the disposal of the Crown were to be offered to me, I should most earnestly and respectfully crave permission to decline it. I am still satisfied with my situation here, to me it is in no way discouraging and, however unpromis ing the public affairs of the province may appear at the present moment, His Majesty's government have still in my opinion the means within their own power of accomplishing every object they may have in view. Out of existing evils much good may be extracted". 532 November 26, The same to the same (No. 81). Reports the death on the 11th inst. Quebec. of Roche de St. Ours. 539 The same to the same. His contempt for most of the papers. Those representing the disaffected party may be considered the official exponents of their views, being under the direct and constant control of the heads of the party. This is the reason he forwards them to the colonial office. His mortification at the removal of Judge Kerr from his offices to be replaced by French Canadian lawyers, to do which he is greatly at a loss, as it will SESSIONAL PAPER No. 18 1834. December 1, be impossible to select any to be acceptable to the Assembly unless they are partizans of the majority, and there is not a partizan of the majority who possesses the indispensable qualifications of knowledge and integrity, being almost all young men of low standing at the bar whose selection would be considered as an act of great injustice to the profession and the warmest partizan would be treated as an enemy the moment he accepted office. It was impossible to propitiate the party by any sacrifice, for their influence will be destroyed whenever they become reconciled to His Majesty's Government. Sends letter to Chief Justice Sewell and his answer on the subject of selecting French Canadians for the bench in larger proportions than hitherto. Page 540 Enclosed. Aylmer to the Chief Justice. Reminds him of a conversation respecting the selection of a large proportion of French Canadians for the bench and his impression that the Chief was of opinion that under existing circumstances it would be inexpedient to increase the proportion of French Canadians on the bench. 546 Chief Justice Sewell to Aylmer. Recollects the conversation and has not changed his opinion. The public law of England, the maritime law of England, certain portions of her civil jurisprudence, particularly the entire law of evidence in commercial cases and the whole of the criminal code, are component parts of the system administered in the provincial courts. The residue comprehends the custom of Paris and so much of the general law of France as was in force at the time of the conquest. In this latter French Canadian barristers are well read, but they have very little knowledge of the other. Besides these reasons such appointments would weaken the confidence of the mercantile community in the administration of justice. 548 Aylmer to Spring Rice (No. 82). Transmits resolutions adopted at a meeting held recently at Montreal. The meeting arose from the proceedings at an election for the west waru of Montreal at which much party feeling prevailed to the danger of life and property. Sends the report of the commandant of the troops on the subject. To the interference of the military may be attributed the preservation of the house of Papineau, one of the candidates who had taken a conspicuous part in condemning the interference of the military. 553 Enclosed. Report of meeting at Tattersall's to consider the injuries to property and person committed in the progress of the late election and other objects relating to the same. 555 Minute of protest by notaries public against the illegal acts of Charles A. Lusignan in regard to the late election. 561 Craig to Molson and others. The governor in chief after considering the resolutions of the meeting at Tattersall's does not think the allegations afford ground for the intervention of the executive authority. 569 Col. Tidy to Lt. Col. Eden. Report of the election riots in Montreal, in November, 1834. 571 Gov. Lord AYLMER, 1834. 1834. December 1, Quebec. Q. 217-3. Aylmer to Hay. The English party in the colony are forming constitutional committees as they have determined no longer to submit to the domination of the prevailing party in the Assembly. Thinks their agents may be expected at no distant period and Mr. Neilson may be one of the delegates to represent the grievances of the minority as he formerly did of |