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1-2 EDWARD VII., A. 1902

GOVERNOR EARL OF GOSFORD, 1836.

1836. January 22,

March 4,
Assembly.
April 15.

August 11,
Montreal.

Q. 228-3.

Report of the select committee on the charges against Chisholme with the correspondence, evidence and other documents. Pages 603 to 632 (Printed report to the House of Commons inserted in the volume). Resolutions of Assembly. Enclosed in Gosford to Glenelg, 26th August,

1836.

Examination of Burrage enclosed in Gosford to Glenelg, 24th October, 1836, covering letter in Q. 229–1.

Gosford to Glenelg. Sends address from the House of Assembly for the dismissal of Gugy, from his office of sheriff of Montreal, the charges being fraudulent concealment of the amount of his fees and neglect of the prisoners committed to Montreal gaol. His (Gosford's advances to relieve. the necessities of the prisoners as reported by Dr. Arnoldi.

573

Enclosed. Charge by the House of Assembly of a fraudulent return br Gugy of the fees he had received as sheriff and of his neglect of the prisoners in Montreal gaol.

574

Gosford to the House of Assembly. That he will consider and take støjs in the matter of the charge against Gugy.

574 vers

First report of committee summarising the evidence against Gugy.
Minutes of evidence follow.

Form of writ by Sheriff Gugy.

575

Report on the death of John Collins in the Montreal gaol and on the

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purchase fuel, &c., for the prisoners.

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Repeated request for necessaries for the gaol. Further documents respecting the charge against Gugy. (Printed report to the House of Commons inserted in the volume). Gosford to Glenelg (private). Has just returned from an excursion through the province; his gratifying reception, but does not see a chang in the political state of affairs unless an improvement is made in th Council.

Gosford to Glenelg (No. 93). Transmits schedule of dispatches receive. from the Colonial Office since 28th May.

Enclosed. Schedule.

633

63.

Gosford to Glenelg (No. 94). The Assembly last session presented 72 addresses, 8 for the dismissal of public officials and 48 for information Had only returned a negative answer to five of these addresses, two bein for the production of papers. States the facts connected with the applica tions and his reasons for refusing to grant the prayers of the address for th legal opinions of the law officers of the Crown, as to grant this would be to deprive the executive of the full and unreserved assistance of its adviser The position and duties of the Attorney General in the colonies as com pared with the same in Great Britain; the convenience of receiving some thing more than a mere categorical reply to a question.

637

The same to the same. The division in the English speaking party i respect to their opinions; sends petition to the commissioners numerously signed.

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647

65

SESSIONAL PAPER No. 18

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ment.

Walcott to Grey. The 13 convicts sentenced to transportation, have been shipped to London. Asks that steps shall be taken for their safe custody. The Governor recommends the mitigation of George Holland's punishPage 667 Gosford to Glenelg (No. 95). In March last, the Assembly presented an address asking that facilities should be granted for settling the King's posts. A similar address was presented to Kempt in 1829. The land in question was leased by auction for 20 years in the year 1822, and the beneficial interest of it is now vested in the Hudson's Bay Company. The obligations to be met at the end of the lease.. Had answered the Assembly that present engagements prevented him from carrying out their views; being anxious to meet their wishes, he would recommend that no future lease should be granted, but the Assembly would be asked to make good the obligations under the lease.

660

Enclosed. Address from the Assembly respecting the King's posts. 664 Gosford to Glenelg (No. 96). In reference to dispatch that the legislature should be called together it has been already called for the 22nd. It might have been called earlier but he wanted to give as long as possible a time to allow of answers being received to dispatches of 26th April and 6th May, the first recommending names for the Legislative Council and the other for the Executive Council. The evil effects of a failure to sanction the appointments or to delay authorizing them. The impossibility of accepting the resignations tendered as that would involve closing the court of appeals. The continuance of this state of things is injurious to the local administration.

The same to the same (No. 97). Sends return of pensioners. send a similar return annually.

Enclosed. Return of pensioners.

670

Will

675

676

677

Gosford to Glenelg (No. 98). Transmits charges against Whitcher, Sheriff of St. Francis, with a summary of their nature, &c.

Printed copies of documents contained in report to the House of Commons inserted in the volume.

678 to 696 Gosford to Glenelg (No. 99). Sends report on the inquiry as to the property left by M. Des Rue, of Montreal. 697

Report by the prothonotary that he had found certificate of the death of Jean Baptist Des Rue in 1760 but the place of his interment would serve to show that he had died in extreme poverty; no record can be found of any will. There are two grandchildren left but they are indebted to their daily labour for subsistence. 698

700

Gosford to Glenelg (No. 100). Sends schedule of dispatches received from the Colonial Office since the 16th ulto. Enclosed. Schedule.

701

Gosford to Glenelg (No. 101). Has received report from the Attorney General that the deputation of Primrose from judge Kerr to preside at the vice Admiralty court is no longer in force, that he had not the power of discharging the functions of a judge of the court of vice Admiralty and that he (Gosford) as vice Admiral had the power to appoint subject to the King's approval. Has nominated Henry Black to be the judge in room of Kerr. His qualifications. Could not offer the situation to Primrose, who already holds the situation of Inspector of the King's domains.

705

Enclosed. Walcott applies to the Attorney General for a report on the position of Primrose, with respect to the court of Vice Admiralty. 708 Report of the Attorney General.

710

Memorial by Primrose in respect to the fees of the Vice Admiralty Court.

712

Memorandum on the rules of practice in the Vice Admiralty Court, signed by Primrose.

716

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List of fees.

1-2 EDWARD VII., A. 1902

Page 728

Gosford to Glenelg (No. 102). Sends schedule of dispatches from the Colonial Office.

Enclosed. Schedule.

734 735

Gosford to Glenelg (confidential). Had returned on the 12th after a tour in the province. Great damage done to Quebec by fire. Has been waiting for confirmation of the appointment of Legislative and Executive Councillors. Should that arrive in time his prospects would be brighter. How he proposes to frame his opening speech. Shall not embody the King's answer in his speech but send it by message, with copy of instructions to himself and the commissioners. 738 The same to the same (No. 103). Sends copy of the speech with which he intends to open the Legislature.

741

(In printed report at page 764 inserted in the volume.)
Gosford to Glenelg. Sends proposed answer to his opening speech. 743
Enclosed. The answer from the Assembly.
The same in French.

764 verso 745

Gosford to Glenelg (No. 104). Has received dispatch that the provincial Act for regulating contested elections had been disallowed, but all the required documents to announce this officially had not been sent.

751

Resolution of Assembly that Messrs. Stewart and de St. Ours wait on the Governor to know when the Whole House can present an address.

760

Gosford to Glenelg (No 105). Transmits letter from Alleyn in reference to his application for the appointment of emigration agent.

753

Enclosed. Alleyn to the same. That he had only applied for the situation of emigration agent in event of its being vacant, and as an evidence that he was a candidate should it be so.

755

Gosford to Glenelg. (No. 106). Copied in volume Q. 226. Unsigned to Gosford. Believes that His Lordship exercised a sound discretion in not complying with the applications of the two branches of the legislature.

646

Gosford to Glenelg (No. 107). In printed report to the House of Com

mons.

765 764, 765

Documents laid before the Legislature. Unsigned to Gosford. His answer to the Assembly approved. It is decided by the King that after the leases of the King's Post expire, they shall not be renewed.

666

Q. 229-1.

GOVERNOR EARL OF GOSFORD, 1836.

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Gosford to Glenelg (No. 108). Sends Memorial from Messrs. Leeds and Abbott, missionaries, complaining of the injury done them by the reduction of their annual allowance.

October 3,
Quebec.

Gosford to Glenelg (No. 109). Copied in printed report to the house of Commons Q. 228-3.

Enclosed. Memorial from the missionaries of the Church of England. 8
Report of the interview with Messrs. Leeds and Abbott.
Memorial to Gosford by the Missionaries.

Page 5

11 13

October 4,
Quebec.

Enclosed. Address from the House of Assembly in the same printed

report.

Gosford to Glenelg (No. 110). In printed report to the House of Com-
Q. 228-3.

mons.

Enclosed. Speech to the Assembly.

SESSIONAL PAPER No. 18

1836. October 8, Quebec.

October 10,
Quebec.

October 10,
Quebec.

October 14,
Quebec.

October 17,
Quebec.

October 18,
Quebec.

Page 22

Gosford to Glenelg (No. 111). All the ecclesiastical arrangements having
been made, Messire Lartigue was sworn in as Bishop of Montreal. Has
been applied to by the new Bishop to sanction, should it pass, a bill for the
incorporation of the Catholic Bishop of Montreal, with power to hold pro-
perty in mortmain. Asks for instructions on the subject.
Enclosed. Oath of Catholic members.
Minute of Executive Council on the appointment of M. Lartigue. 30
Gosford to Glenelg (No. 112). Sends statements of receipts on account
of casual and territorial revenue and on account of Crown lands and licences
to cut timber for three months.

Enclosed. Receipts on account of casual and territorial revenue.
Receipts on account of Crown lands.

29

32

33

34

Gosford to Glenelg (confidential). If he shall see a good opportunity to dissolve the House he shall do so. If an addition of ten respectable men in whom the country had confidence had been added to the Council, the Assembly might have voted the arrears and supplies. The Assembly has lost ground, but not to such an extent as to lead him to expect any positive good from a dissolution. The obstacles to a change in the constitution of the Executive Council. Asks how the pledge to pay the salaries and arrears of the public servants is to be carried out.

35

Same to the same (No. 113). A commission appointed to report on the proper sites for lighthouses and to apportion the expense of their future maintenance to the different colonies, in consequenace of the liberal offer of the British government to build lighthouses on Scatari and St. Paul's Island. Sends copy of the report which recommends that two lighthouses should be placed on St. Paul's Island and one on Scatari, and that the proportion to each province to maintain them should be, Lower Canada £500; New Brunswick and Nova Scotia £250 each, and Prince Edward Island £30. Nova Scotia is to maintain the lighthouses with this sum of £1030 and if in any year it is insufficient, the deficiency is to be provided by the respective legislatures in the same ratio. The arrangement between Nova Scotia and

New Bunswick.

Enclosed. Report.

39

42

Gosford to Glenelg (No. 114). Transmits petition from the directors of the Bank of Montreal representing the inconvenience that would arise to the province should the Act of incorporation be allowed to expire, and praying for a royal charter or for an Imperial Act to continue the incorporation for a term of years or till the end of the next session of the colonial parliament. There are two banks besides that of Montreal in the province and as the Banque du Peuple which has no charter has been established by bankers in France under the "Acte de Commandite" the stockholders conceive they are liable only to the extent of their stock. On this he can offer no opinion as the question has never been brought before a court of law. 58 Enclosed. Petition from the shareholders, president and directors of the Bank of Montreal. 62

Gosford to Glenelg (No. 115). Has received inquiries as to the state of the prisons and prison discipline. It was one of the subjects to which his attention was directed when he arrived, and he accordingly brought the subject before the Legislature. The matter referred by the Assembly to a special committee which recommended offering a premuim for the best plan of a prison building in which the Assembly concurred, but nothing further was done. Had transmitted the questions sent by Glenelg to the different sheriffs for reports, and gives the result. The number of prisons, a statement of their condition, &c., are reported on. 67 Report of the special committee which recommended the Auburn system of prisons. 80

1-2 EDWARD VII., A. 1902

Page 100

117

141 to 200

1836.

Minutes of evidence.

October 19,
Quebec.

October 24,

December 2.

December 2.

December 8.

December 29,
Downing
Street.

Letter on the subject from William Powers.
The documents in French.

Rules and regulations for the interior order and police of the gaol at Quebec. 201 Gosford to Glenelg (No. 116). Transmits at the request of Colonel Wetherall an application on behalf of his father of the remaining land in the township of Buckland, the rest having been granted to various persons.

Petition of Wetherall.

213 215

218

Gosford to Glenelg (No. 117). Rev. Mr. Burrage goes to England. Reports the case and does not consider Burrage has any grievance. Unsigned to Gosford. In consequence of his (Gosford's) report, the King authorises him to recognise the Catholic Bishop of Montreal.

26

Unsigned to the same. (Confidential.) There is nothing in British statutes to prevent him from sanctioning a colonial bill to enable the Roman Catholic Bishop of Montreal from holding property in mortmain.

27

Unsigned to Gosford. Dispatch of 17th October received. The importance of the question brought up in the petition of the Bank of Montreal, but no progress could be made till the proposed charter be communicated.

65

Unsigned to the same. Has referred the complaint of Leeds and Abbott respecting the reduction of their annual allowance to the Society for the Propagation of the Gospel and sends answer to be shown to the memorialists. 7

Unsigned and undated to the same. In answer to application from Wetherall sends the reply he sent to Sir F. Wetherall on the same subject.

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October 29,
Quebec.

October 31,
Quebec.

November 2,
Quebec.

Commissioners report on Burrage's case.

Memorial by Burrage.

Both enclosed in Gosford to Glenelg, 24th October, 1836, in Q. 229-1. Collector and Comptroller of customs to Walcott. Enclosed in Gosford to Glenelg, 3rd November, 1836.

Evidence of Burrage.

Gosford to Grey. Introduces Burrage.

235

242

The same to Glenelg (No. 118). Has received dispatches according to schedule.

Enclosed. Schedule.

243

245

Gosford to Glenelg (No. 119). Sends answer by Voyer to the Secretary at War.

247

The same to the same (No. 120). Has dismissed David Chisholm from his offices as clerk of the peace and coroner for Three Rivers in consequence of not having answered the charge of having failed to account for licence fees received by him. 248

The documents referring to the charge follow in printed report to the House of Commons inserted in the volume.

Gosford to Glenelg (No. 121). Has received dispatch with notice that Primrose had been appointed judge of the Vice Admiralty court to which he (Gosford) had appointed Henry Black. Primrose will not accept if he is not to retain his situation of Inspector general and clerk of the land roll of

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