64 VICTORIA, A. 1901 1835. November 13, November 14, November 14, December 12. December 26. 1836. February 7, Downing Street. Address of the Legislative Assembly. Answer. Page 163 183 Gosford to Grey. Calls attention to a deficiency in the public documents and asks that a full set of instructions should be sent. 185 The same to Glenelg (No. 11). Sends a return of the titles of the bills passed by the Assembly of Lower Canada. The address of the House of Commons applies only to bills originating in the House of Assembly and rejected or altered by the Council. Has prepared in a similar manner those originating in the Council, which were rejected in the Assembly. 187 Unsigned to Gosford. Regrets that the arrears should have been paid to Buchanan, as it was the painful duty of Government to refuse all such payments pending negotiation with the House of Assembly. The rule that only a moiety of their salary is to be made to officers absent from duty on leave is universal, and Buchanan will, therefore, be entitled to only one half of his salary until he shall resume his duties. 188 Unsigned to Gosford. Has received information of the infringement by New Hampshire on the disputed territory between that state and Lower Canada. Summary of the state of affairs. The continuous occupation by the British of the territory in dispute; instructions given to protest against the proceedings of New Hampshire. His Majesty's Government are confident that this remonstrance will be effectual But if New Hampshire persist it will be impossible to avoid a recurrence to the more vigorous measures which alone can preserve the integrity of the British territory. Anxious as His Majesty's ministers have been to avoid any step which might hazard the good understanding which happily exists between Great Britain and the United States, they cannot permit British subjects to be molested by the authorities of neighbouring states. 24 Unsigned to the same. Has received returns of members of Council holding more than one office. It would be premature to express an opinion on the return, but approves of his course. 122 Unsigned to the same. Speech at opening of the Legislature received. Approval of his explanation to the Legislature and of the gratification at the spirit of the addresses. 129 1835. November 14, Quebec. Gov. EARL OF Gosford, 1835. Q. 223.-2 Gosford to Glenelg. Covering letter in Q 223-1. Titles of bills passed by the Legislative Council and rejected or altered by the Assembly. November 16, The same to Glenelg (No. 12). Sends return of the persons appointed and retired from the civil service between 20th November 1834, and 17th April, 1835. 230 Enclosed. Return of pensions and retired allowances. 231 November 17, Gosford to Glenelg (No. 13). Had assured the Assembly that the bill to enable counsel to address the Jury on behalf of prisoners charged with Return of persons appointed to a salaried office during the same period. 233 SESSIONAL PAPER No. 18 1833. November 17, November 21, November 27, November 28, November 30, December 5, December 7. December 7, December 8, capital crimes would be confirmed as soon as possible. Asks that the order of confirmation may be forwarded without loss of time. Page 236 Gosford to Glenelg. (No. 14). Transmits copy of resolutions on the 241 246 Gosford to Glenelg. (No. 15.) Transmits copy of resolution on which an address was founded expressing the desire to know if any answer had been received to the address relative to the inexpediency of annexing the district of Gaspé to New Brunswick. 251 Enclosed. Address to know if any answer has been returned to the adddress on the inexpediency of uniting Gaspé to New Brunswick. 253 Message of Gosford to the Assembly. The address and documents were 255 duly forwarded. Gosford to Glenelg. (No. 16). Has been unable as yet to get any information of the person mentioned in the French document and has at last had a notice inserted in the official gazette. 256 The same to the same (No. 17). In accordance with order the appellant in the appeal case of Meiklejohn and Sir John Caldwell has paid the Attorney-General the sum of £318 17s 6d, the costs of the appeal, and that this has been paid into the hands of the Commissary General. 258 The same to the same (No. 18). Transmits copy of statement by Doucet, a notary, of the affairs of the late Charles Maisenholder. Death cf John Maisenholder. A new power of attorney required. How a settlement of the estate could be made. Enclosed. Account by Doucet. 260 262 Gosford to Glenelg (separate). Transmits letter from Goulburn to Besserer, which the latter thought contained an acknowledgment of a doubt as to the title to Grande Isle in the St. John River, which might have been the source of much inconvenient discussion with the United States, and which, therefore, Besserer had sent to him (Gosford). 264 Enclosed. Goulburn to Besserer. Grande Is'e is not within the limits of New Brunswick; even if it were, parts of it have been occupied by Acadian settlers and Bathurst would not feel at liberty to make a grant prejudical to their interests. 266 Gosford to Glenelg (No. 19). Sends return of the comparative number of emigrants arriving annually in the province since 1829. 268 (The return is in the printed correspondence, page 336 verso.) Gosford to Glenelg (No. 20). In reference to the resignation of Heney as law clerk of the Assembly, the House by a resolution of the 13th has appointed Etienne Parent to be his successor. In this case the forms of procedure have been disregarded. The Assembly has had the right to appoint all its own officers except the Sergeant-at-arms, the Clerk of the House and the law clerk. The first two were nominated by the Executive without reference to the House, in the case of the third a blank commission was sent and filled up with name of the man most acceptable to the House, so that the appointment is virtually in the Assembly, but by the appointment of the law clerk without reference to the Executive, the Assembly asserts its exclusive right to appoint that officer with the others. Having no desire to raise an unprofitable discussion, he had not interfered with the House. Asks for instructions should the House insist on the exclusive right to appoint the Sergeant-at-arms and the Clerk of the House. The same to the same (No. 21). lands arising from various reasons. from the improvements the price arrears. 271 Reports the cause of arrears on Crown The loss is not so much as appears as has increased sufficiently to cover the 278 1835. December 12, Quebec. December 14, December 15, December 24, December 28, December 28, December 28, 64 VICTORIA, A. 1901 Gosford to Glenelg (No. 22). A lot of land was entered on the land roll in name of Benjamin Harrison, a commuted pensioner who died before the settlement duties were performed, so that the land reverted to the Crown, although not actually resumed. There is no legal objection to His Lordship acceding to the application of Mrs. Harrison, and in the meantime nothing shall be done with the land in question. Page 281 Enclosed. Licence of occupations for services, to Private Benjamin Harrison. 283 Gosford to Glenelg (No. 23). Has taken under his superintendence and control the Indian department in Lower Canada. Transmits an estimate of the probable expenditure of both provinces for next year. Only a small portion of the Indian presents was received this year when the transit was easier and the expense less than at the present time. The first instalment was forwarded at once but from the non-arrival of the remainder the Indians in Lower Canada suffered severe disappointment and in several instances distress. Many had come to Quebec and whilst waiting consumed the provision they had made for their return. So long as there was a prospect of receiving supplies he refrained from taking steps to purchase, but when there was no longer hope he ordered the Commissary General to purchase such articles as could be obtained in the province. Hopes this will be approved of. So long as the system of giving presents continues they should be sent earlier than has been the case. 287 291 292 Enclosed. Estimate of the probable expenditure for the Indian department in the Canadas from 1st April, 1836, to 31st March, 1837. List of pensions in Lower and Upper Canada. Gosford to Glenelg (No. 24). by the October Halifax mail. Sends schedule of the dispatches received 293 294 Enclosed. Schedule. Gosford to Glenelg (separate). Sends report from the Solicitor General respecting the property left by two individuals of the name of Haas. 296 Enclosed. O'Sullivan to Walcott. Report respecting the property of the brothers Haas with documents. 298 Gosford to Glenelg (No. 25). Transmits memorials from Mr. and Miss Heath, two of the children of the late Willian Heath, a lieutenant in the York Chasseurs. Mr. and Miss Heath believe they are entitled to a pension. 300 Enclosed. Memorial on behalf of John Heath respecting his late father's pension. 302 Memorial on behalf of Miss Mary Heath to have the commissariat instructed to pay the pension to which she is entitled as being on the compassionate list. 304 Gosford to Glenelg (No. 26). Transmits resolutions passed by the Legislative Council relative to the expediency of constructing a railway between Quebec and St. Andrews in the Bay of Passamaquoddy in New Brunswick. The project originated in that province; four deputies are in Lower Canada to engage support in which they have been successful. The advantages it would be to the provinces and to the West Indian Colonies and it would augment the trade with the Mother Country. The preliminary work that is being done; a petition in course of signature in its favour. The facilities that will be given by the Legislature of Lower Canada. 305 Enclosed. Resolutions of the Legislative Council respecting a railway to St. Andrews on the Bay of Fundy. The same of the Legislative Assembly. 310 312 Gosford to Glenelg (No. 27). To anticipate exaggerated statements respecting occurrences in Montreal, sends copy of advertisement calling a meeting to raise a body of 800 volunteers. Believes it would not be prudent to make the matter of importance; it originated with Adam Thom, SESSIONAL PAPER No. 18 1835. December 29, the object being to cause intimidation in Montreal and to create an impression on the commissioners and in Upper Canada. The meeting called for the 12th did not proceed to business on that evening; but on the 16th about 300 people met and passed resolutions that it was expedient to form a volunteer corps of 800 effective men. The Solicitor General advised that it should not be interfered with, so long as it did not infringe the law and that although the press was nourishing excitement the agitators had failed of their object. Transmits copy of address and of the answer expressing disapprobation of the measure and his determination to maintain the public tranquillity. Does not know the result, the answer being only sent off this day. (Dated 1838 through error). Page 314 Enclosed. Memorial of Dr. Arnoldi and others, of Montreal, asking that the Governor would sanction the formation of the British Rifle Corps. 320 Answer by Gosford that he cannot sanction the formation of the British Rifle Corps for reasons given. 323 Gosford to Glenelg (No. 28). Sends the annual report on emigration. Calls attention to the decrease during the year. 325 326 December 29, December 30, Qebec. Enclosed. Report of the chief agent for emigration 340 Gosford to Glenelg (No. 29). Forwards letter from Voyer to the Secretary at War to be transmitted to that department. 347 The same to the same (No. 30). Transmits memorial from the widow of the late Lieut. Colonel Mackay for a pension. Although a decision has already been given, yet renews the application on the ground of Lieut.Colonel Mackay's important services. Enclosed. Memorial from Mrs. Mackay for a pension. 348 353 356 Extract from general order of Prevost on the services of Mackay. Unsigned to Gosford. Under the circumstances Gosford's conduct Ebrary 10, is approved in the case of the appointment of the law clerk until the King's 1856. Desning Stret. February 20, March 1, Street. March 2, Downing Street. pleasure should be known, but the matter of form may become serious, and the Assembly make further encroachments on the King's prerogative; although there may be no means of enforcing the right, it is not probable the Assembly would avail itself of the powers derived from the constitution to defeat His Majesty's privileges conferred by the same constitution, He is to call the attention of the Assembly to the subject and ask the reason for the deviation in the case of Parent. He may suspend the apparent title to appoint a law clerk, but without waiving any right that may appear to be vested in His Majesty. Should a vacancy occur in either of the two offices, he is to adhere to the usages formerly observed, and if the Assembly should object, he is to ask for their reasons. 275 Unsigned to the same.. Has received dispatch respecting the proposed railway to St. Andrews. It would be premature in the present state of information to express any opinion on the subject, but His Majesty's government will be anxious to assist any scheme which promises to benefit His Majesty's subjects on the North American continent. In respect to the passage of the railway over the disputed territory no steps should be taken without the previous concurrence of the States interested. 308 Unsigned to Gosford. Correspondence has taken place between the Under Secretary for the colonies and the Treasury, the latter of which approves of his (Gosford's) purchases for the Indians in view of the peculiar circumstances. 290 Unsigned to the same. Transmits letters from the Secretary to the Paymaster General, by which it would seem that no arrears of pension were due to John Heath as son of the late Lieut. Heath, the pension having been transferred to other members of the Heath family. The necessary 1836. March 2, March 3, 64 VICTORIA, A. 1901 directions have been given that Miss Heath's pension be paid in the colony as it becomes due. Page 301 Unsigned to Gosford. A pension cannot be paid to Mrs. Mackay from the Indian vote, and there is no other fund to which it can be charged. Is therefore obliged with regret to state that it is out of his power to depart from decision already adopted. 351 Unsigned to the same. Confirmation of the bill to enable counsel to address juries on behalf of prisoners in criminal cases. 238 PUBLIC OFFICES, 1835. (Part 1 from page 1 to page 270; part 2 from page 271 to 543; part from page 544 to 782.) Q. 224.-1-2-3. 3 September 17, London. September 24, 19th June, 1835. Minutes of the Committee of the Ottawa Company. Enclosed in Ravenshaw to Hay, 29th January, 1835. Mrs. St. Clair Clarke and Force to Rich. The same to the same (a second letter). This and the preceding enclosed in Washington. Backhouse to Hay, 21st January, 1835. October 18, October 24, Dublin. October 31, November 26, December 1, London. December 2, December 8, Montreal. December 9, December 16, December 31, December 31, 1835. January 7, January 9, Quebec. January 9, Quebec. Routh to Coffin. Enclosed in Routh to Stewart, 9th January, 1835. A departmental order of the same date was also enclosed. Protest by the Board of the Association. Meeting of the Board. Both enclosed in Hamilton to Glenelg, 19th June, 1835. Extract from a letter dated as in the margin. Enclosed in Gould to Aberdeen, 16th January, 1835. Rich to Vail. Vail to Wellington. Both enclosed in Backhouse to Hay, 21st January, 1835. Extract from letter dated as in the margin. Extract from report dated as in the margin. Both enclosed in Gould to Aberdeen, 16th January, 1835. Rowan to Coffin. Routh to Airey. Both enclosed in Routh to Stewart, 9th January, 1835. Extract from a dispatch from the Commissioners of the British American Petition from James McClelland. Enclosed in Fitzroy Somerset to Hay, 16th March, 1835. Routh to Stewart. October, 1835. Enclosed in unsigned letter to Stewart, 29th The same to the same. Sends documents relating to the Indian department. Page 229 |