The Arthur Papers: Volume 3 (April 1840–June 1850) 9781487582647

Citation preview

THE ARTHUR PAPERS VOLUME THREE

THE ARTHUR PAPERS BEING THE CANADIAN PAPERS MAINLY CONFIDENTIAL, PRIVATE, AND DEMI-OFFICIAL OF

SIR GEORGE ARTHUR, K.C.H. Last Lieutenant-Governor of Upper Canada IN THE MANUSCRIPT COLLECTION OF

THE TORONTO PUBLIC LIBRARIES

EDITED BY

CHARLES R. SANDERSON

VOLUME 3

April 1840 - June 1850 AND INDEX

TORONTO PUBLIC LIBRARIES AND

UNIVERSITY OF TORONTO PRESS 1959

Printed in Canada by Toronto Public Libraries and University of Toronto Press Copyright, Canada, 1959

Reprinted in 2018 ISBN 978-1-4875-8733-8 (paper)

CONTENTS Item Number

Date

Page

1248

April, 1840

1

1316

May, 1840

45

1372

June, 1840

75

1396

July-August, 1840

1457

September, 1840

119

1493

October, 1840

141

1544

November, 1840

167

1580

December, 1840

193

1623

January, 1841

226

1704

February, 1841

291

1786

March, 1841

348

1871

April-December, 1841

1947

1842-1850

1985

Undated Index

90

..

..

..

..

..

..

..

..

.

..

.

.. ..

..

..

404

..

..

481 510

..

515

ABBREVIATIONS A.O.

autograph document not signed by sender

A.D.S.

autograph document signed by sender

A.L .

autograph letter not signed by sender

.A!.L. initialled autograph letter initialled by sender A.L.S.

autograph letter signed by sender

A.M.

autograph memorandum not signed by sender

A.M.S.

autograph memorandum signed by sender

D.S.

document not in the handwriting of sender but signed by sender

Df.

draft. This designation is used in conjunction with other designations, when the original is marked or endorsed a draft, or when it is obviously a draft and includes emendations. L. and A.L. are doubtless drafts in some cases.

India LBs.

letter-books in Arthur's India papers

L.

letter, not in the handwriting of, and not signed by, the sender.

LB.

letter-book, i.e. a letter appearing in one of the letterbooks; v. (volume) is omitted, and the entry reads LB.I, p.1-6.

L. initialled

letter not in handwriting of sender, but initialled by sender

L.S.

letter not in handwriting of sender, but signed by sender

M.

memorandum. Not a letter, but an item which can be termed a memorandum in place of the more general designation of "document."

p.

page, pages

THE ARTHUR PAPERS VOLUME THREE

[1248]

Apr. 2

[1249]

Apr. 2

[1250]

Apr. 2

ARTHUR TOP. B. DE BLAQUIERE:

LB.4, P· 61.

Government House, Toronto. I have this morning had the pleasure to receive your letter of the 30th. inst [i.e. ultimo] with its enclosures. All I can possibly at present say is-that it is hard work to get rid of the young men now serving who have mastered their profession, and not one half of whom can be retained with the reduced force to be employed. But, you may rely upon it. that I shall have great gratification in giving your son [i.e. Charles de Blaquiere] a Commission for there is not a person in U Canada for whom I have a more sincere esteem t'iian his father! I know exactly how you must be circumstanced; and I beg you will, with my best compliments, assure Mrs De Blaquiere, that, having eleven children myself, I can fully enter into the feeling of parents similarly circumstanced. [SIR] R. D . JACKSON TO ARTHUR:

A.L.S. 3p.

l\fontreal. I have to reply to your letters of the 26. and 28. March. The D Q M G. has been desired to retain the Barracks at St. Thomas for another year- You can therefore occupy them as you deem expedient, adhering however so much as practicable to the arrangement fixed upon for the Regular Troops. The Detacht. of Regulars ( except Artillery) can be withdrawn from Fort \\'ellington, so soon as you establish there and at Prescott the Head Qrs of one of your Battalions of Militia as you propose-- Fort Wellington holds 80 Men, and Prescott (I am told) 130 Men[.] There does not appear to be any objection on account of the time (14 days) required to move the Troops in the manner you propose, by the "Toronto" and Baggage by the Schooners[.] If this cr,n be effected, it will be preferable in every point of view to employing American Vessels. The Dy. Quarter M Genl. has been desired to communicate with the A.Q.M.G. on the details. It is evidently desireable to make the armed Vessels on the Lakes generally available for the public service; and the proof of this may lead to its en crease[.] J. F. LOVE TO ARTHUR:

A.L.S. 3p.

London, U.C. By this post I send this [sic J the Ast. Q Master General an application for an encreased allowance of Transport in consequence of the unavoidable accumulation of the Regimental Stores, the particulars of which is [sic] explained in my official, and to which I beg your favorable consideration in forwarding to the Commander of the Forces. If we are to pay the freight down it will so encrease the price of the articles to the soldier as to make it more than he ought to pay.

2

TORONTO PUBLIC LIBRARIES

1840

Colonel Young['s] Regt is recruiting very slowly, they are tired of their present quarters and are begin[n]ing again to suffer from the ague... P.S. Should the Militia be inclined to take any of our extra necessaries would the Provincial Government be answerable for the Amount. [1251] [1840] Apr.2

[1252] Apr. 3

[1253] Apr.3

T.

w. C. MURDOCH TO s. B. HARRISON:

L. 3p.

[Place not stated.] [Marked "Copy".] Many thanks for the U Canada Statutes which arrived safely, though somewhat wet. last night. I understand that Jarvis of the Indian Department is interfering in the Simcoe and other Elections. The Governor General wishes him to be apprized that no Member of the Indian Department can be allowed to interfere in elections, and that, if he does so, it must of course be at his peril. I trust in your discretion to put this in such a manner to Sir George, as not to let him think that the Governor is interfering unnecessarily or improperly in U. C affairs-or that I, as Secretary here, am overstepping my duty. I see that Toronto is at the present moment in a perfect broil and that every exertion will be made to defeat Baldwin- If I were Governor, however, I should have no hesitation as to the mode of dealing with those Gentlemen about the public offices who may agitate against the Solicitor General. If they are so anxious for the British Constitution, and practice, they should have both in their full vigour-and one of the first principles is that no servant of the Government should oppose or thwart the Government proceedings and retain his situation.- If this principle were fairly carried out where would be the Messrs Jarvis's &c &c &cGood men and true, I dare say, but not fit servants of the present Government. I am looking out for Cotton's list of Addresses. FRED[ERICK] WIDDER TO ARTHUR:

A . L.S.

2p.

Toronto . [Marked "Private & Confidential".] Since I had the pleasure of seeing your Excellency this forenoon, I have fully considered the remarks you were good enough to make, in reference to the subject on which you permitted me to consult you; I see the full force of them, & think, the short period of my residence in the Province, alone sufficient, independent of the other reasons which your Excellency alluded to, to induce me to abandon, as I now do, all idea of pursuing the business further, at the present time; I have therefore to beg, that your Excellency will take no more trouble in reference to it, & that you will accept my best thanks for the candour, & kindness, with which you have counselled me.I would also mention, that beyond your Excellency, no person in the Province, is aware of my views, which I am anxious should not transpire, for obvious reasons. RICHARD

AIREY TO

[FREDERICK] HALKE'IT:

A.L.S. 4p.

Malden, U.C. I am extremely obliged to you for your kind letter of the 27th. and for the trouble you have taken about our future domicile at Toronto-as for obtaining all one wishes, I should have lived so long as I have,

1840

ARTHUR PAPERS

3

to very little purpose to expect that,-but I daresay sooner or later we shall be as comfortable as we deserve to be, and we only hope that in affording us your kind and valuable assistance that you do not consider it necessary to impose upon yourself any violent, and disagreeable degree of trouble . .. [Asks to be allowed the perusal of any further letter Halkett may have from a brother in India.] We have had the most terrific weather, snow, rain, accompanied by gales of wind thunder and lightning- last night one of the Command Boats was blown from its shed, and dashed nearly to pieces against the wall opposite.- The roads are very bad indeed, and the post has recently been 16 or 18 hours behind time- I mention this for the information of His Excellency, in the event of his coming up by land,but I should think the journey might be performed much more comfortably by having the "Toronto" Steamer to meet him at Port Stanley, and coming up in her.-as the worst part of the road is from St. Thomas here. There may be a difficulty in this as I understand that there is only 6}f feet of water on the bar at Gravelly Bay-and the Toronto draws 7 feet.- The proprietor of the "Illinois" Steamer, proposes to bring the 43rd. Regt, Baggage and horses up here for $3000.-to take the 34th. down for $2.500.-85th. from Sandwich to Port Stanley, there to take on board the other 4 Companies from London for $2500. this is $8000 or £2000 Cury.- the expense of making the same movements by marching the men, & conveying the Baggage by Waggons, and paying Billetmoney would be more than £, 3,500-besides the wear and tear of clothing to men, misconduct &c. &c- The Toronto is quite unfit for such service- the upper deck having been removed, there would be no shelter whatever, as below there is barely room for her own Crew-and she certainly could not make the reliefs under three trips, and I doubt if she would not require four.I hope there is no foundation for all these Reports of Sir Geo: Arthur's resigning the Government ... [Expresses thanks for trouble. Sends remembrance to Mrs. Halkett.] [1254] Apr. 4

SEATON TO ARTIIUR:

A.L.S. 4p.

Lyneham. I cannot permit the Chief Justice to leave England without requesting him to be the bearer of a despatch to you; and thanking you for your letter of January; and Lieutenant Jones' report, and the resolutions of the House of Assembly. The Chief Justice has laboured hard to make this Country fully aware of the evils which the Reunion of the Provinces may produce. I see however no probability of that measure being deferred. The Radicals will support it, with all their force, being persuaded that it is a step towards establishing the independence of the Colony. The Conservatives, I think, are not inclined to oppose the Union, being at a loss to propose any other measure, and unwilling to permit the suspension of the Constitution of the Lower Province to be continued. Matters in the Lower Province are in a state that requires an immediate remedy to be applied. The British Population in the Montreal District insist on the Union, convinced that no other arrangement can secure them from again falling into the hands of the French Canadians; and Ministers having declared

4

TORONTO PUBLIC LIBRARIES

1840

their determination to proceed with the measure, and canvassed your Province successfully, I cannot think that they will have any difficulty in carrying this question of so much importance, and which is to decide the fate of the North Am: Colonies. The details they may find it not an easy matter to get through the Imperial Legislature. The Clergy Reserves Bill is of course much condemned, and I have no doubt that the Lords will address the Queen to prevent its' [sic] passing into a Law. The question will come on on the 13th; If I find that I can induce any of the Peers to move an Address to the Queen, to solicit that a bill may be introduced to enable the Crown to resume the Clergy Reserves, I shall think it right to be present in the House, and to make an effort to relieve the Province from the trouble of again discussing the question as to the disposal of these lands. I called on Lord Fitzroy Somerset, and mentioned your wishes, and shewed him part of your letter in respect to probability of Sir Colin Campbell's return. He replied that he had not heard that there was any intention of relieving Campbell, and that he hoped the question of his being able to retain his Government, some time longer, would not be started. I believe he is making his fortune at Halifax, and will not give up his post as long as he is permitted to keep it. I shall be most happy to communicate your further wishes to the Horse Guards, or to any quarter, where you think I can be of any use to you in promoting your views. You have every reason to expect that you will not be left unprovided, or disappointed. (1255]

ARTHUR TO COL.

[J. F.] LOVE: LB.2, P· 155.

Apr.6

Government House, Toronto. I have received your letters of the 28th and 30th. March-the letter marked private. With respect to the Troop of Cavalry, I shall be glad, as matters now look, to keep up one Troop, and I have written to the Governor General accordingly., As soon as I receive his answer you shall hear from me. Would not the officer who commanded the Troop at Brantford be the best to select if the Troop be formed in the manner you propose? You informed me that he had gone into the States; but, I think, his return was expected before this time. With respect to Mr. Todds appointment, I understood the whole affair exactly as you did, and fully concluded Colonel Bullock had instituted the inquiry himself in what he called the "proper quarter." You certainly had nothing to do with it and so I distinctly informed Colonel Bullock[.] I expect that Colonel Bostwick will tender his resignation in which case I shall immediately accept it[.]

[1256]

ARTHUR TO CoL. [J. F.] LovE: LB.2, p. 156-157. Government House, Toronto. [Marked "Private".] The Diplomatic War between Mr Fox and the American Govt-or, I shd more correctly say, between the two Govts, begin[s] to assume a serious aspect. The American Troops have broken up from Plattsburg, and are moving to the Borders of Maine and New Brunswick. Colonel Worth with some force is or:ler:d to the 1.Vc

o:j

~

·c c..

i:i:i

Total.

- -- -- -- - - -- - - 2

40 42. 53. 50 . 1440 . 1520 . 100 96 72 76

47 . 57 . 1640 . 105.

24. 1698. 1791.

1929 .

I I

20 I I

80.

- - - -- -

Wanting to complete on 2nd. November 1840

1840

169

ARTHUR PAPERS

e

Cf)

. u

11.

11.

" " "

.....;

Total

.....,"'

~

,.;

> ·;:

oej

"

113 .

124 .

135 .

10 .

11.

11.

~

Total. ., 0 0 Q., i:1:1 0 A:: - -- -- - - - - -- -- ~

5. Inc : Battalions Coloured Compy. Glen : Lt. Inf Coy.

0.

" "

"

1.

" "

10.

10 .

10.

- - - -- - - - - - - - - 11. 133 . 145 . 156 . 12. " "

[Endorsed in Arthur's handwriting: "Return of the Militia-"] [1546) Nov.2

[1547) Nov. 2

(1548) Nov.8

RUSSELL TO ARTHUR:

A.L.S. 3p.

Downing St, [London.] [Marked "Private".] In consequence of the reports I hear of your state of health, I propose to address you officially, permitting you to leave your Government before the proclamation of the UnionI should wish you to be guided solely by considerations of health on this occasionWhenever you may leave Canada, you will be entitled to the gratitude of your Sovereign & the country for your zealous & able administration during a very difficult periodSir Colin Campbell has accepted the Government of Ceylon- Nor am I aware at present of any situation in the Queen's service vacant, which is suitable to your rank and qualificationsRussELL TO ARTHUR:

L.S.

Downing Street, [London .] [Marked "No 135".] Having, to my great regret, heard that your health has suffered severely of late, I write to say that Her Majesty is graciously pleased to permit you to return home, should your Medical advisers consider that your further stay in Canada will be prejudicial to your health. At all events, on the Proclamation of the Union, you will be relieved from the Office, you have so ably filled. ARTHUR TO SYDENHAM:

LB.5, P· 247.

Government House, Toronto. You will recollect my having mentioned to you last winter that the Chippewa Indians who had made a large surrender to Government of Lands called the Saugine Tract were much dissatisfied at not having yet received a fixed annuity for the Cession, and I understood you to concur with me that some arrangement should be made with them. Having fully considered the matter, I submitted to the Secretary of State that this Tribe should be paid at the rate of £2.10 for each person according to the arrangement made with other Tribes. This has been acceded to; but, as it will, if carried into effect, become a charge of about £ 1200 a year upon the Crown Revenue, I wish; before the Secretary of States Instruction be acted upon, to request your further consideration of the subject.- In doing so, however, I ought to add that my own opinion has undergone no change-my object is merely to be satisfied of your entire concurrence.

170

TORONTO PUBLIC LIBRARIES

1840

A copy of my Despatch, and of the Secretary of States reply are herewith transmitted for your perusal. [Enclosures lacking.] [1549]

Nov.3

[1550] Nov.3

[1551]

Nov. 6

ARTHUR TO SYDENHAM:

LB.5, P· 240-241.

Government House, Toronto. With reference to my communication to your Lordship of the 14th. Ulto. in which I drew your attention to the case of the Indians who had emigrated from the United States, I have the honor to enclose a further correspondence which has passed upon the subject between Major Gardner of the United States Army and Mr Jones an Assistant in the Indian Department[.] Your Excellency will have observed by the Instructions on the 2nd. October, of which I enclosed a copy in my former communication, that the officers of the Indian Department are enjoined not to offer any encouragement to the Indians resident in America to resort to the Province, but the question now raised is-whether, if the Indians voluntarily enter the Province, as they have been hitherto permitted to do, they shall find an asylum and protection in Canada. 'With respect to their recrossing the Frontier, and committing depredations in the States, as Major Gardner apprehends, they will of course be made quite aware that they can only do so at their own peril, and that by such a course of conduct-which I do not apprehend-they will fodeit all claim to protection. [Enclosures lacking.]

SYDENHAM TO [ARTHUR]:

A.L.S.

Govt. House, Montreal. [Marked "Private".] Mr. Harrison mentioned to me some little time ago in one of his letters that it was considered advisable to transfer the Militia Regt. now at Hamilton to the East, (Cornwall I believe) and bring up one from that part of the world to replace it- That you had incidentally mentioned your wish to do this, as a military arrangement. to the Commander of the Forces, but that nothing had yet been done. I have written to Sir Rd. Jackson upon the subject, he being at Sorel, and he tells me that he does not call to mind any distinct recommendation to that effect from you-but he says "The movement proposed is an exchange of Quarters between two Corps of Militia ( as I understand you) and if you will take the trouble of mentioning your wish to Sir George, he can do it without further reference to me". Will you therefore have the goodness to make the change at once, if you so think fit. It is certainly a point to get rid of Sir Allan's Tory Militia supporters if possible-

R. I. RouTH TO Srn C. R. O'DONNELL:

L. 7p.

Commissariat Canada, Montreal. [Marked "Copy".] I have the honor to lay before you, for the consideration of the Commander of the Forces, copy of a District General Order promulgated at Toronto in regard to the course to be pursued when the quality of the supply furnished by Contract to that Garrison is considered of an improper quality, together with copy of a letter from

1840

ARTHUR PAPERS

171

Depy Com. Gen. Knowles submitting to the Major General Commanding the objections to this proceeding. The Forms of Commissariat Contracts are nearly transcripts of those entered into at Home between the Board of Treasury and the Contractors for the several supplies in England, which contracts are printed in the Regulations of the Secretary at War...with I believe only one exception. . . [ which concerns the constitution of the board to which a contractor may appeal against the rejection of supplies.] At Home the facilities of supply are so great that it is not found necessary to employ a Commissariat except on Emergencies and the Commanding Officer acts in that capacity on behalf of the Troops; but where there is a Commissariat, the officer of that Department is the proper channel by which a supply by Contract is admitted or refused, and it is his duty to see justice done both to the Contractor and to the Troops, so that the latter may be supplied at a reasonable price. The Commission of a Commissariat Officer amongst other duties directs and empowers him under sign manual to inspect the rates and goodness of Stores, Provisions and Forage and to settle and adjust the accounts relating thereto. The quotation in the District General Order refers to the supply of Forage in Barracks at Home, where there is no Commissariat, but it states that the strictest injunctions are to be given to the Boards of Survey to conform strictly to the conditions of the Contract. The General Order of this Army dated 23rd April 1838 No. 2. recognises the necessity of these Questions of account passing through the channel of the Commissariat, and in the Peninsula Service this Regulation was constantly repeated. A Military Board of Survey is very justly assembled on Stores the property of Government, but their decision on Stores the property of Contractors or others, in which they are judge and Jury in their own case cannot be final, nor cannot deprive the Contractor of his appeal against their judgment. It very often occurs that unfounded complaints and even condemnations are made without cause and the District General Order provides no remedy in such case, nor offers any opportunity to the Contractor to be heard, nor does it state how the Board is to be composed nor suggest any protection to the Public against any increased expence. It is very desirable that all such general measures affecting the established customs of the Command should emanate from Head Quarters. I do not object to a Military Board of Survey, composed of officers not belonging to the Regiment refusing the supply, to be assembled on such cases, but I think the Commissariat Officer should in the first instance be apprized, and if the articles are evidently of improper quality he will then cause them to be exchanged immediately; and if the Military Board should condemn a supply of good and sufficient quality and in his opinion according to Contract, I think the Contractor should be protected, and that he should have the right to proceed to Arbitration in conformity to his agreement; and in the mean while the weekly issue of Salt Provisions, or an issue of Biscuit might be made for the day, so as to obviate any inconvenience to the

Troops.

172

TORONTO PUBLIC LIBRARIES

1840

I give a certain weight to the opinion of the Commissariat officer, because he is better acquainted with the resources of the Country and the difficulty of obtaining each description of supply, which may be influenced by many local causes unknown to a Military Board. If the Troops are supplied with provisions of a good and wholesome (although not of the best) quality I do not believe they can lawfully be rejected. This is the principle laid down by My Lords of the Treasury and its justice has never been questioned. It is dangerous to encourage unfounded complaints, which take up His Excellency's time and injure the Service, and it is therefore to be lamented that the cause of this District Order is not stated, so that it might have been examined and dismissed. In the mean while I bring this subject under the notice of the Commander of the Forces, because in any order affecting the public expenditure by a hasty condemnation or the public faith by refusing to fulfil a Contract, I must be governed exclusively by His Excellency's authority. [A "Memorandum" attached to the above reads: "'This appears to apply to home Service.' C R O.D" and a marginal comment on the document reads: "Mern The instructions at Page 287 Ge. Reg. appear to apply to Horne Service. No deviation can be made l.egally from the wording of the Contract made by the Commissariat.- C R oD."] [Enclosures lacking.] [1552]

Noo. 7

ARTHUR TO SYDENHAM :

LB.5, P· 241-244.

Government House, Toronto. [Marked "Private & ConH.''] I cannot say that the conveyance of our Mail from Montreal is remarkable for its expedition. Your letter dated the 1st. Inst only reached me yesterday. I lost no time in enquiring into the several points to which you allude in it, and the following is the result. 1st. As regards Mr John Macaulay I found that Mr Draper had already spoken to him, but not as conveying any direct instruction from you. I had indeed myself some weeks ago intimated to him the probability of your requiring his services in the House of Assembly, but I found him exceedingly averse to it, and he still expresses himself to be so conscious of having no talent for debate that no temptation, I believe, would induce him to undertake the House of Assembly. This is much to be regretted, for, certainly, as an accountant, He is the only man of business we have in this Government; and he is a ready person with his pen; though too diffuse by half. I enclose a letter which I have this moment received from him upon the subject of my interview with him yesterday No 1. 2nd. As regards the affair stated in the "Memorandum". Had Mr James Boulton been in the Commission of the Peace, and used such language respecting the Police Establishment as is imputed to him, and which I have no doubt he did use for they [sic]would be quite natural to him-I should very speedily have removed him from the Bench; but he appeared, as is, or ought to have been, stated in the "Memorandum"-in Court professionally on behalf of the Defendants, and took that opportunity of giving vent to his spleen. He is a boisterous vulgar person-indeed something worse than that I believe. The Chief Justice has given it to him tightly, I understand, more than once in the Court.

1840

ARTHUR PAPERS

173

The Chairman, Mr Butler, said nothing, as it appears to me, of which it is possible to take official notice. The exact observation, imputed to him, you will find in the accompanying Extract No 2Mr Draper's opinion upon the case generally is contained in his letter of the 27th. Ulto, No 3, which appears to bear out fully Mr Butler's observation in Court. I trust Mr Draper's impression that application must be made to the Legislature may prove incorrect, and I will take an early opportunity of speaking to the Chief Justice upon the subject. 3rd. As regards the case of Jacob Langs. I desired the Attorney General to call at the Crown Office and ascertain the particularsthey will be found in the accompanying Memorandum No 4. We had better perhaps get rid of him at once, but I shall be glad to know what you think of it, after reading the Memorandum. I believe I have now alluded to all the points in your letter.I You will recollect that Mr Duncan McPherson represented to you that some disrespectful expressions towards you had been used at a large dinner party at Simcoe chiefly composed of Militia Officers. He afterwards made an affidavit to the same effect, and sent a copy of it to me-whereupon I directed enquiry to be made into the matter. No answer has yet been received from Colonel Gilbert who presided on the occasion. That he should have been angry with me would have been easily accounted for, as I removed him from the charge of a small Corps of Militia in 1839 deeming him unfit to command on Service; but why he should have shewn disrespect to you I cannot understand-perhaps it may tum out an unjust allegation. Mr Wilson has entirely exonerated himself from the charge, and I have left him to settle the matter with his accuser; but Doctor McKilcan [i.e. MacKelcan] admits enough to render proper his removal from the Commission of the Peace. Enclosure, No 5, is a Memorandum upon the subject prepared by Mr Hopkirk in the absence of Mr Harrison who is electioneering. Mr Bristowe returned from Montreal a week ago, full of insinuations of the important results of his mission. Pray dont think of such a vapouring vacillating person for Cornwall- entre nous, he has already borrowed £ 100 from Mr Dunn upon the plea of electioneering demands! The more I reflect upon the question of the balance of the Crown Fund, the more I apprehend it will occasion you serious trouble from what passed at the Sessions of 1838 & 1839 upon the subject. Will not a portion of it be required for a Residence, or other Buildings at Kingston? and, if so, might not Contracts be entered into and thus a portion of the balance be pledged? You have so much to engage your attention that I am sure you will excuse my suggesting this for your consideration. I regret, indeed, to hear of the warlike aspect of affairs, but I am not surprized at it, for I must say I feared the step Lord Palmerston had taken would endanger the Peace of Europe. Had it been resorted to twelve months earlier, it would have been an admirable move, because, then, it would have been a safe one- But if War come, there is nothing to fear in Canada. Provided you have plenty of good -not what are commonly called serviceable-arms, ammunition, clothing, and a well filled Military Chest, there will be no want of soldiers, without bringing a man from England. I have all along

174

TORONTO PUBLIC LIBRARIES

1840

calculated, if matters should come to an extremity with the States, upon enlisting a fine Force from thence of Men who entertain a sufficient aversion towards the Citizens to act with energy against them. The Blacks, too, might be made to tell against them fearfully, and there are some who might be well trusted to open a communication with their race in the Southern States... P.S. Colonel Gilbert's answer has just been received. I enclose it for your perusal. [Enclosures lacking.] (1553]

Nov.10

[1554]

Nov. 10

ARTIIUR TO DEPUTY COMMISSARY GENERAL [F. E.] KNOWLES: p. 171.

LB.2,

Government House, Toronto. As it has been intimated to me that your services are likely to be required at another station; and, as, at all events, I shall move myself at a very early period from Canada, I feel it to be due to you, and it is a great pleasure to myself, to record the very high opinion I entertain of your very valuable services throughout a period of extraordinary responsibility. At a moment when it was impossible strictly to adhere to ordinary routine of duty in all the Departments, your great dispatch in business, and perfect knowledge of the service prevented any avoidable departure from the established system; and, although it was thought by persons of less experience that you were throwing unnecessary impediments in the way of apparently pressing duties, I was quite satisfied that your course was proper and correct, and that the benefit of it would eventually be felt.-and so it has proved. ARTHUR TO SYDENHAM:

LB.5, P· 244-246.

Government House, Toronto. [Marked "Private & Confidential."] I have received your note of the 3rd Inst respecting the removal of the 1st. Incorporated Militia from Hamilton to relieve the 5th. at Cornwall. The circumstance must have escaped Sir Richd Jackson's recollection, as, through the Quarter Master General's Department, I recommended that measure on the 9th. Septr, and on the 21st. received a reply that the Commander of the Forces "wished to suspend any change of Quarters in the Provincial Force this year". The season is so far advanced that now I scarcely know what to say. On the one hand, it will be sad work to move the women, children, and baggage, and there are other matters which will make such a movement at this time bear hard upon the officers and men, and we shall have the sulks of all their friends to boot. Still more importantthere are large quantities of goods yet to be brought up from Kingston, and flour &c to be taken down, so that the merchants will be dreadfully dissatisfied at our taking off the Steamers for Military purposes at this critical juncture. On the other hand, although before matters had gone so far, I should have had no apprehension of opposition from Sir Allan MacNab -now, I am persuaded it is most important that we should not be defeated at Hamilton, and it must be prevented at any cost. I will well

1840

175

ARTIIUR PAPERS

weigh the pros & cons, and I incline to hope that I shall be able, effectually, to gain the particular end desired, without, at this boisterous season, removing the two Regts but Mr Harrison was inconsiderate in not earlier giving me an intimation of the consequence he attached to the removal of the Regiment- the moment he did so, I suggested to him to write to you. I observe with regret that Mr Harrison's friends at Hamilton have injudiciously taken the bait which Hincks threw out for them. He expressed doubts of Mr Harrison's being a Reformer to be depended upon. The new Paper at Hamilton, the "Magnet", replied that he had for six years been the Chairman of the most Radical Parish in England ( St Pancras), and therefore must be a £inn man. The promulgation of this part of my Secretary's life, tho' true enough I believe, was not the way to gain strength with the moderate Reform Party, but one tending to lose the Moderate Conservatives; I hope, however, no serious injury has been done. Mr Donald Bethune has offered himself for the South Riding of Northumberland. You would find him a troublesome person, and I hope a more moderate man will offer- I dont understand Mr Ruttans declining to stand again; perhaps he has made some communication to you. Mr Harrison mentioned to me that he had some fear of Major Magrath's Troop in Toronto-but there is nothing to apprehend- I will look to that. I am glad to see, by the Papers down to the 20th. October, that, notwithstanding M. Thiers significantly observes ,France does not forget an insult, the immediate apprehension of War appears to be dissipating. His reply to Lord Palmerston's able Paper is poor indeed; and, if the Ministers can only chain that Tiger O'Connell, Lord John will be able to open the next campaign with spirit, for I feel confident we shall have good news from the East. I have quite recovered my health-so do not spare me, if I can be useful in any way. [1555]

Nov. IO

[1556]

Nov. 10

ARTHUR TO SYDENHAM:

LB.5, P· 24~247.

Government House, Toronto. In the correspondence which has passed respecting the new District of Colborne, it is possible that the circumstance alluded to in the accompanying letter addressed to Mr Harrison which he has just laid before me, escaped your attention. It certainly escaped mine, altho' I ought to have had in recollection the operation of the Act-therefore I beg to forward the letter for your perusal. [Enclosure lacking.] C.

J. COLVILLE TO CAPTAIN [WILLIAMS] SANDOM:

A.L.S.

Toronto. [Marked "Copy C. J. Colville A.M.S."] Sir George Arthur having been informed that during the Proceedings of the Court Martial on Captain Drew, it was stated to the Court, that "you had promised Sir George Arthur not to press the Charge, founded on his ( Captain Drew) not having furnished you with a copy of Mr. Macauley's [sic] letter about returning the hired Steamboats"[.] I am desired by His Excellency to inform you, that by his direction, I have written to Captain Drew and pointed out to him that he

l76

TORONTO PUBLIC LIBRARIES

1840

laboured under a serious mistake in imagining the Lieutenant Governor ever stated such as being the case: that his Excellency never asked you to withdraw any charge, and that he never conversed with you on the subject of the Court Martial after the charges had been preferred, but that prior to that, by the request of Captain Drew His Excellency did explain to you that the letters in question were addressed to Captain Drew in his character of Commodore of the Provincial Marine, and His Excellency stated to that Officer, that you appeared to be satisfied upon that point. [1557]

Nov.13

ARTIIUR TO

SYDENHAM:

LB.5, p. 248-250.

Govemment House, Toronto. The Civil Secretary has laid before me a letter from Mr Secretary Murdoch, dated 21st. Ultimo, enclosing a Memorial from Mr W R Hopkins to your Excellency, dated 23rd. September. relative to his ejectment from Lands on which he had been twice located by the Government-and observing, if Mr Hopkin's statement be correct, his case appears to your Lordship to be a hard one, and requesting enquiry to be instituted into it. This appeal to your Lordship carries with it the appearance that Mr Hopkins could not receive justice from me, and I am anxious, therefore, to dispel that impression by the following statement of facts and dates. In a memorial, dated 4th September last, which reached the Civil Secretary's Office on the 5th, Mr Hopkins first brought his case under my notice and applied for compensation. On the 8th. of September the Memorial was referred to the Executive Council for investigation. A report upon it, after the necessary enquiry and deliberation, was made by the Council on the 24th. of the same month[.] On the 25th. I considered the Report, and concurred in it so far as to authorize a Resurvey of the Land at Grimsby, and that the whole question should then be referred to the Law Officers of the Crown for their opinion. On the same day, viz, the 25th. September a copy of the Minute of Council was communicated to Mr Hopkins, and orders were given on the 29th. September to the Surveyor General to cause the Survey to be made. Since I have administered this Government I have spared no pains in the prompt investigation of every claim, and I think, in this instance your Lordship will be of opinion there could be no just complaint of a want of despatch. The following is a brief outline of Mr Hopkin's case. In 1832, by a very accurate Survey made at that time of Grimsby by Mr Rykert, it appeared that there was a "Gore", fifty chains in width, in excess beyond what had been intended to be located to the Grantees settled in the 7th. & 8th. Concessions of that Township. This discovery being made, Mr Hopkins who had been for a long time disputing his right to Land in another District, of which he had most irregularly and improperly got possession, applied to be located on the Land, since called the "Gore of Grimsby"; and the Government, anxious to meet his wishes, and to put an end to the discussion, acceded to his request.

1840

ARTHUR PAPERS

177

The Grantees, however, of the 7th. & 8th. Concessions in Grimsby disputed Mr Hopkins right to locate on the land in question, which they contended, although a very large excess over the area intended to be given to them, was, nevertheless, included in the description of their Grants; but he retained possession, and expended, or says he and his brother have expended, above £400 upon the Land, for which he now claims compensation, in addition to the expences of the suit at Law which was determined against him at the last Spring Assizes. The Government, I consider, is under an obligation to protect Mr Hopkins, and to secure for him the possession of the Land at Grimsby if it be possible, or to give him other land of equal valuebut the question of compensation in such cases involves a principle and consequences flowing from it, of which, in another Colony, I learnt the importance to be so great as not to suffer this Government to be embarrassed bv it, if it can be avoided. In a Court of Chancery, I have no doubt, from decisions which I have known to be given in similar cases, that the Government could recover the Land thus "unadvisedly" granted by the Crown,-if, indeed, it has been granted at all which I still very much doubt notwithstanding the judgment of the Court- but then comes a question of much political importance-is it wise for the Government to question the validity of a Deed issued thirty years ago? But it is not necessary for me to enlarge upon these views, for it is not probable that the Land can be resurveyed, and an opinion given by the Law Officers, before the Union of the Provinces, when the whole bearings of the case will necessarily be brought under your Lordship's review. [1558]

N()1).14

ARTHUR TO SIR

R. D.

JACKSON:

LB.5, P· 250-251.

Government House, Toronto. [Marked "Private".] I have received a note from the Governor General informing me of his having made a communication to you respecting the removal of the 1st. Battalion Incorporated Militia from Hamilton to be replaced by the 5th. from Cornwall, and his Lordship gives me an extract from your reply to him intimating your concurrence in the measure. I proposed this arrangement myself on the 9th. of September last, in a letter from the Asst Quarter Master General ( in which I observe, on referring to it, Col Fraser, unnecessarily, let in some remarks of his own), and in reply Colonel Gore intimated that "the Commander of the Forces wished to suspend any change of Quarters in the Provincial Force this year." At this very late season of the year, however, such an exchange of Quarters appears to me to be objectionable not only on account of the soldiers, women, and children, but as regards the employment of the Steamers for Military purposes, which, at the very close of the Navigation, whilst there remain large supplies of Goods at Kingston to be removed to the West, and a large quantity of Flour to be conveyed to the East, will be severely felt by the Mercantile Interests. I think the object which has induced the Governor General to take an interest in the movement, I shall be able to gain by other means, and so I have informed him, and I hope, therefore, upon this explanation, you will not consider me under the influence of a per-

178

TORONTO PUBLIC LIBRARIES

1840

verse feeling in hesitating now to recommend what two months ago I was anxious to effect. By relieving the Detachments of the 3rd Incorporated Regiment at Queenston, Chippewa, Fort Erie and Port Colborne by the 1st Incorporated Regt., we shall leave only 100 Men of that Corps at Hamilton until after the elections, and this may be readily done, and is all Lord Sydenham wishes. I have quite recovered my health, and have been able for some time to take a Constitutional Ride of 15 or 20 Miles without feeling fatigue-but I still feel it prudent to be cautious. All is going on well in this Province; and I think there will be no disturbance of any kind beyond the agitation springing from the Elections, and that, I apprehend, will not be great. [1559)

Nov. 15

SYDENHAM TO [ARTHUR]: A.L.S. 4p.

Govt. House, Montreal. [Marked "Private & Confidential".] I have your's [sic] of the 29th. Oct. and 7th. Novr., and I will answer them as the Attorneys do, "re" so & so.Niagara Police. We must of course be guided by the opinion of the law officers as to the law, but even under that it wd. appear that the Police may be presented to the Quarter Sessions to be sworn in as Constables, and I certainly think that this should be tried before fresh powers are asked from the Legislature. It will be time enough to do that if the Court refuse- The account you now send of Mr. Boulton is entirely different from the "Memorandum" from which it would have appeared that he had used the expressions complained of, not as Counsel, but from the Bench. It is however extremely inconvenient to have a man preaching sedition as Counsel, and then mounting the Bench directly afterward, and altho' you cannot, apparently, remove Mr. Boulton for the specific offence, it will be well to have him out of the Commission on the first opportunity. . The Simcoe people- I am sorry that you have had so much trouble owing to the officiousness of the Affidavit makers! I put the letter to me, behind the fire, because I don't care how much these Gentry abuse me personally, and I know very well that they can always allege their having done that merely, and not having intended to insult the Queen's Representative-as I observe Dr. McKilken [i.e. MacKelcan] does. However perhaps the lesson may do good in that part of the countryJacob Lings [i.e. Langs] I confess that I do not think we should be justified in superseding his appointment upon the facts stated in the Attorney Genl's letter- From that it would appear only that a Bill has been returned by the Gd. Jury against him. So it was, against our friend McKay! He must appear to answer the charge, and it may be a groundless one- Removing him might have the appearance of pre-judging the case before trial and altho' if I had known the circumstances, I certainly wd. not have appointed him, the other step might now be deemed harsh- So will it not be as well to let the matter alone, till the trial comes off, especially as no observations appear to have been publicly made? Mr. Bristowe, is a muddling blockhead who made himself very ridiculous here, and no doubt does the same thing at Toronto. I

1840

ARTHUR PAPERS

179

will have nothing to do with him as Candidate of mine- All I have had was, to send to him as soon as I heard that he proposed starting for Cornwall, to beg that he would not do any such thingMr. Macaulay- I am very much grieved by his decision, and shall be yet more annoyed if I find that he perseveres in it. He is an excellent man of business, and has, as he very justly shews, the strongest claims on the Govt., having varied his situations to suit their convenience, not his own- His loss would be a most serious one- Yet I do not think it would be practicable to carry on the Govt. under the Union Bill without having the Inspector Genl. in the House- By that Act, the initiation of all money votes is confined to the Govt., and somebody therefore well conversant with the state of the Finances must be in the Assembly to explain matters, as well as to take a part in the Finance Committee, of whose operations under perfectly independent management, the result of last session was a beautiful specimen- But altho' that is, in my opinion, indispensable, it does not follow, as Mr. Macaulay seems to think, that the holder of the Office need be an Orator to perform his duties satisfactorily. I should say, all the better that he should not- A very few words of statement & reference to figures are all that would be required in the House itself, and in Committee, where after all the principal business would lie, surely he wd. be far superior to all with whom he would have to contend round the table. Pray put the matter again before him in this light and see if anything can be done with him- Of course he will have plenty of time to decide-it is only his Seat for which it is necessary to take measures, and by the bye explain to him that I merely suggested Cornwall, because I heard from Mr. Draper that there was an opening for any one there-not with any view of dictating any particular place. I mention this, because his letter alludes to the place, which it had better not have doneCrown Revenue Balance. This is a most important question and I quite agree with you that it must be dealt with with firmness and caution- I have not the slightest doubt however, whatever may have passed in 1838 or 1839, of our right under the Act to carry whatever balance there may be, to the Military Chest, the natural depository of the Crown Revenue. That it will be prudent to have as moderate an amount as can be, to be thus transferred, and the idea which you give me in your's of the 7th. Nov. had before occurred to me- Indeed there are many charges unsettled, as well as in perspective, which had better be provided for by· transfer previous to the declaration of Union- The Land at Kingston which I have had purchased for the Crown is one-about 12 or 13,000£- The expense which will be incurred there in temporary buildings should it be necessary to rent them-&c. &c. There may be too, other charges which you may be acquainted with and can look up- All of which may be drawn in December, thereby diminishing the nominal balance at the end of the year or in January when the Union may be proclaimed- I should therefore consider it very imprudent to permit the Crown funds to be diverted for the purpose of remittance to the London Bankers, and think that the advance ought to be sought from the

180

TORONTO PUBLIC LIBRARIES

1840

Canada Bank in preference. As it is only for a month, the charge for interest cannot be heavy- I shall greatly prefer your settling it in this way therefore, unless it be found impracticable to borrow all that is required from the Bank-and even in that case only a part of the sum can be taken from our Revenues, because at least 15,000£ will certainly be wanted for the land. I have now, I think, gone over all the points in your letters and shall not venture to bore you with other matters after so long a storyYou say nothing of your health by the byeMy Land purchases at Kingston, have, I see, like other points, transpired, but I have them stoutly chained, as it is of great importance that the Ordnance should have another six weeks or two months to buy for their fortifications . . . P.S. I assure you that you confer the greatest obligation on me by your different suggestions, such as that about the Land payments, for I am so busy with Lower Canada Laws just now, that I do not get time to reflect over or look up these things(1560]

Nov.16

SYDENHAM ro [AR'IHUR]: A.L.S. 2p. Govt. House, Montreal. [Marked "Private & Confidential''.] Since I wrote to you yesterday I have your private letter and dispatches of the 10th. Inst. which compels me to trouble you with a few fresh words. I shall defer replying to your despatch about the debentures till you can clear up the difficulty I feel from the expressions used by the Council which do not all agree with my contention of the state of things. They say that the sale of debentures under par is illegal. If it is, of course there is an end of the matter, and whatever be the consequence, the Receiver General is bound to tell Barings that it is so-neither do I think they would throw up the agency because they were told so- But my impression is that such sales are not illegalotherwise what is the use of the act passed in 1839 which received the Queen's assent last autumn & which if I am not mistaken, expressly authorised the sale under par of debentures for certain purposes. If therefore I am right in my contention, the only question upon the legality would arise on the disposal of the debentures thus sold, and certainly it would be easy to remedy that by appropriating what Barings have got rid of to some of the various purposes pointed at by the act of last session, . and by two or three this year which contained the same condition- Indeed I have always pointed out Sales of Debentures under par as one of the means by which money could be raised, if no better could be found, both to pay the dividend and to supply the various calls under these different acts- The policy of resorting to that expedient is another matter. With the prospect of a settlement of the Finances any sale under par to any large extent is not desirable, but after all 88 for 5 pct. stock, in our condition and as a Transatlantic Security at best, is no such bad affair. If therefore the sale be as I suppose not illegal, and it is reduced to the mere question of policy, I should not quarrel with what has been done, tho' it may be right perhaps to direct Barings to abstain from fresh sales. But perhaps I am mistaken in my view as I have not the acts to refer to and you will therefore oblige me by clearing up the question before I reply to your dispatch-

1840

181

ARTHUR PAPERS

Do what you like about the Militia, but if they are likely to be troublesome, I would not allow flour or anything else to stand in the way of removing them. You can best judge how far this will be the case, and of the counteraction aroused by the movement. I think the French matter will blow off at last. If it does not however, I am stiJl of opinion that we have been right. I am delighted to hear your account of yourself . . . [P.S.] What can Mr. Sullivan mean by allowing such a foolish prospectus of the new Journal [i.e. The Monthly Review, devoted to the civil government of Canada] to go forth? Putting "my sanction" and "my name" to it was the way to make it fail and get up a storm at once. I hope that he will have altered the prospectus[1561]

Nov.16

[1562]

Nov.18

[1563]

Nov.19

[WRITER NOT STATED] TO [}AMES HARPER]:

L. 2p.

Government House, Toronto. [Marked "Private".] In reference to your letter to Sir George Arthur of the 16th. January last requesting him to recommend you to the Lords Commissioners of the Admiralty for promotion to the rank of Commander, His Excellency desires me to inform you that he took an early opportunity of mentioning your case to the Governor General who intimated to Sir George Arthur that he would bring it under the notice of Lord John Russell. When Lord Sydenham was [in] the Upper Province last September he mentioned to the Lieutenant Governor that he had recommended your case to the Secretary of State. Sir George Arthur desires me to add that he hopes the result of this application will prove favourable to your wishes. ARTHUR TO SYDENHAM:

LB.5, p. 269-270.

Govt. House, Toronto. Although Mr Dunn informed me that the 1st. December would be sufficiently early for his remittance to England to meet the half yearly Dividends, yet he now expresses himself to be very impatient for Instructions; and having this morning received your letter in acknowledgement of mine of the 5th. Inst, I am apprehensive of the possibility that my previous communication to you of the 29th. Octr. upon Money Matters has miscarried. I therefore beg to trouble you with a copy of it and hope I am in time to save the Post this Evening. [Enclosure is apparently item 1540.] SYDENHAM TO ARTHUR:

A.L.S.

Govt. House, [Montreal.] [Marked "Private".] I have sent you a dispatch about the claim of Queen's College which will, I hope, if you communicate it to the Synod, bring these Gentlemen to their bearings. In case they are not satisfied to let the award be made without being hampered in any way by any pretended understanding about the amount, I will take no step whatever to prevent the Act from being disallowed, which you will have seen, the Govt. are very desirous to do. It is a most shameful attempt at imposition by Sawney, and they will, very likely, overshoot their mark.

182

TORONTO PUBLIC LIBRARIES

1840

I am truly sorry that you gave yourself so much trouble in Mr. [W. R.] Hopkins's affair- It was merely a common reference to you of an Upper Canada matter with which I had nothing to do, and of which I desired to hear nothing. No British Queen, or Halifax packet yeti [1564] Nov. 20

ARTIIUR TO SIR C.R. O'DONNELL:

LB.2, p. 174-179.

Government House, Toronto. I have the honour to acknowledge the receipt of your letter of the 14th. Inst, covering a correspondence, by direction of His Excellency the Commander of the Forces, for my perusal, "on the subject of supplies of an improper quality when furnished to the Troops by Contract." 2. The correspondence contains copy of a District General Order, dated 20th. October, pointing out the course to be pursued when any Provisions tendered for the use of the Troops in Upper Canada are suspected to be of an improper quality-a letter thereupon from Deputy Commissary General Knowles dated the 21st. Octr-the reply of the Asst Military Secretary dated 23rd. October-and a letter from the Commissary General dated 6th. November-in which that Officer riot only states his opinion upon the Order as affecting Agreements between Contractors and the Commissariat; which, of course, is quite proper, but animadverts upon it in a manner which, I venture to submit, is not consistent with the usage of the Service, and which is the more remarkable, as the Commissary General states himself to be unacquainted with the cause of the Order. 3. In returning the enclosures, as you request, I would beg leave to lay before the Commander of the Forces the circumstances which induced me to issue the District General Order, and, in explanation, I cannot but dissent from some of the arguments advanced by the Commissary General. 4. In the accompanying "Memorandum", I have endeavoured to set out as plainly as I can the exact state of things when the complaints respecting the Bread were brought under my notice, officially in writing. 5. The Commander of the Forces will perceive by the "Memorandum" that there were four distinct evils demonstrated to exist which required to be remedied. 1st. That the fl.our issued from the Commissariat was unsound. 2nd. That the Bread delivered bv the Contractor was sour and badly baked. • 3rd. That an unwholesome article of food was not only being issued, but consumed by the Troops. 4th. That unpleasant altercations had arisen in the Garrison upon the subject. 6. It was for the purpose of putting an end to these evils, and of calling the attention of Commanding Officers of Corps to the proper course to be pursued, according to the Regulations and usage of the Service, when food of a suspicious quality was delivered, that the District Order was issued. The course directed by the Order-that of assembling Regimental Boards-provided against the recurrence of personal discussions-it prevented unwholesome food from being consumed by the soldiers-it was calculated to bring to light whether

l840

ARTHUR PAPERS

183

the mischief originated with the Commissariat from issuing bad flour, or with the Contractor from carelessness or fraud, and it guarded against any interference with the legal interpretation of the Contract by directing an immediate Report to the Commissariat of the rejected article, according to the plain wording of the "Meat" Contract. 7. The Commissary General remarks that the Authority "quoted in the District General Order refers to the supply of Forage at Home where there is no Commissariat";-but I beg to submit that it also refers to Bread & Meat ... [Refers to · "The Regulations in support of this submission.] Further, the District General Order is not only in strict accordance with the Regulations of the Army, but it is within my own experience that a Resort to Regimental Boards in such matters is the Custom of the Service on all Foreign Stations; and, without regarding such a proceeding, as the Commissary General appears to do, as an improper assumption on my part, I consider it as the most ordinary act of precaution to which every officer Commanding a Regiment might resort whenever he judged it proper, and to which, I believe, from a sense of duty, most officers do resort. 8. The Commissary General observes "it very often occurs that unfounded complaints, and even condemnations, are made without cause, and the District General Order provides no remedy in such a case, nor offers any opportunity to the Contractor to be heard,-nor does it state how the Board is to be composed-nor suggest any protection to the Public against any encreased expense." It appears to me to have required some ingenuity to the exclusion of all reflection to have raised such objections against the Order. Experience, surely, does not shew that the soldiers in a well ordered Regiment are particularly fastidious about their food, or are very prone to complain, and I cannot avoid submitting that it seems to be a very unjust imputation on the Officers of the army generally to assert that they very often condemn public property "without cause"- on the contrary, I believe it very rarely happens. There cannot be, it may be assumed, an officer Commanding a Regt in Canada who requires to be instructed how to constitute a Board for the Survey of Provisions, and it is well understood that such a Board has, in strictness, nothing to do either with the Contractors, or the Commissariat, or the expence attending the rejection of a bad article. Their duty is limited to reporting upon the Bread and Meat-whether it be good, and wholesome for the soldiers use, or otherwise. The step to be pursued-that of immediately reporting to the Commissariat-is clearly defined, and leaves the Commissariat Officer fully at liberty to carry out the stipulations of the Contracts[.] Should the Commissariat contend against the Report of a Regimental Board-which is only possibl~then a Garrison Court of Inquiry would be assembled, with a Field Officer as President, and an officer of the Commissariat as one of the Members, and their decision, confirmed by the Officer in Command, would be final. The Regulations and Orders of the Army have been decided upon after long experience; and it is only when these, and the Custom of the Service, are departed from, that difficulties arise. 9. In looking over the terms of the Commissary General's Contract, I readily admit their sufficiency for protecting the interests of the

184

TORONTO PUBLIC LIBRARIES

1840

soldier; if it could be assumed that the officers of the Commissariat escaped the common fallibility of human nature, and were always actuated by those correct and honourable principles of action which I sincerely believe generally to pervade that excellent Department; but, in the possible case of collusion between the Commissariat Officer and the Contractor, I confess that the conditions of the contract do not seem to me to oppose such an effectual security to the soldiers as wholly to supersede the necessity for a further check through the intervention of a Board of Officers. 10. With respect to Bread and Meat, the Senior Officer of the Commissariat may, if he pleases, solely and exclusively, decide upon the quality of the article; and, even in the event of his resorting to an arbitration, the Referees are to be nominated, one by himself, another by the Contractor, and the third by the Commanding Officer of the Regiment; so that, on the hypothesis of a connexion in interest between the Commissary and the Contractor, there is not by any means a fair chance that jt.Jstice will be done to the soldier. 11. The Commissary General observes that the forms of Contracts used in this Country are nearly transcripts of those entered into between the Board of Treasury and the Contractors for the several supplies in England; the only difference between the two Instruments being designed to render the control over the Contractor more efficient here than it is at Home. But, in laying claim to this superiority on the part of his Contracts, The Corny General appears to me to overlook the essential difference in the circumstances of the two cases. In England, the Commanding Officer of the Regiment, who is bound by every tie of feeling and of duty to watch over the interests of his men, is generally the person authorized by the Contract to object to the quality of the supplies, and, even when this power may devolve on an officer of the Commissariat, he is always, from the mode in which the Contract is entered into, a perfect stranger to it, and, consequently, excluded from all suspicion of unity of interest with the Contractor. A confidence may, therefore, reasonably be reposed in him in this case which could not, with quite the same degree of propriety, be conceded in the other; and it is upon this ground I venture to consider the General Regulation of the Army which prescribes the formation of Military Boards for the examination of the quality of suspected Provisions intended for the Troops as far more applicable to Foreign Stations than to Home Service. 12 To apply these remarks to the present case,- The flour which was being issued to the Bread Contractor at Toronto was the property of the Govemment;-it was, in fact, damaged; but just in that condition which gave rise to the hope that it might produce sweet and wholesome Bread. It was, however, for many successive days, complained against by the Troops, as being sour and badly baked. In such a case, I submit to the consideration of the Commander of the Forces whether it would be an act of justice to the soldier that the Commissary should himself decide whether the Bread was such as the troops ought to take-or whether the Commissary and the Contractor, or their Nominees, would constitute an impartial Board in such a easel When the one party had to defend the issue of his flour, and the other his skill in making it into Bread? 13. Lest the line of argument which I have pursued should erroneously be deemed to imply any reflection on the Commissariat

1840

ARTHUR PAPERS

185

Department, and in particular on Mr Knowles, I feel it due to him to state that I entertain the highest opinion of his zeal and abilities as an officer with an entire confidence in the strict integrity of his conduct. 14. I regret very much the necessity that has been imposed upon me of entering so fully into this subject, but I am sure the Commander of the Forces will be of opinion that the observations made by the Commissary General with reference to the District General Order that "it is dangerous to encourage unfounded complaints which take up His Excellency's time, and injure the Service" is a reflection and censure which it forms no part of the Commissary General's province to pass upon any officer, and against which I beg respectfully to offer an earnest remonstrance. ["Memorandum" enclosed is apparently item 1523; other enclosures lacking.] [1565] Nov. 20

[1566] Nov. 20

[1567] Nov. 21

J. B. ROBINSON TO [ARTHUR]:

A.L.S. 2p.

[Place not stated.] My letter on the Treason question is quite at Mr Draper's service to read, if he desires itI had forgotten, till I looked among my papers, this evening after getting Your Excellency's note that I had made no fair copy to keep, of my letter on the same subject to the Secy. of State- My rough draft is not legible, & I am copying it- as soon as I have finished it, I shall have much pleasure in sending it to Your ExcellencySYDENHAM TO ARTHUR:

L.S.

Montreal. I beg to acknowledge the receipt of your letter of the 13th inst relative to the Memorial addressed to me by Mr W. R Hopkins. I am very sorry you should have taken so much trouble in explaining this case to me. I never for an instant doubted that Mr Hopkins would receive prompt and just consideration from your Excellency, but as he had addressed me, I felt bound, in his, as in other cases, to send the memorial on to the Civil Secretary for your consideration[.] ARTHUR TO Srn J[oHN] HARVEY:

LB.3, p. 130-131.

Toronto, Govt. House. Accept my sincere thanks for yr. kind note of the 29th. Ultimo & for the very gratifying sentiments wh. it contains wh. believe me I most highly appreciate. During the first Eighteen Months of my residence here I was overworked; having labored not less than 18 hours a day in the Office-Then I imprudently exposed mysell to the Midsummer sun & was attacked by the Lake fever wh. is not dangerous, but most enervating-especially to those who, like mysell, suffered severely from the Walcheron [sic] fever- but I have now quite regained my health. No period, I believe, is yet positively fixed for the Union; but my expectation is-that it will be very early in the ensuing year-perhaps on the 1st January. There have been many difficulties in the way; but they have gradually been overcome by the zeal-ability-& firmness of our Chief. If I can, in any way, be useful to you in England, wh. I hope to reach before Parliamt. meets,

186

TORONTO PUBLIC LIBRARIES

1840

pray command my services; & believe me they will be executed with all that hearty good will wh. may best testify the sincere esteem & regard with which I am most faithfully Your's [sic] ... P.S. With regard to yr. debt to me, as you call it, I really do not understand what you can mean, except, you allude to the Map of the Province wh. was really, officially, prepared for you when I accidentally heard you wished to have one-& I had no more to do than first to desire it's [sic] preparation, &, then, to request yr. acceptance of itl(1568] (1840]

Nov. 21

(1569] [1840]

Nov. 21

[1570] Nov. 23

[F. E .] KNOWLES TO ARTHUR:

A.L. 2p.

Toronto. Mr. Knowles has the honor to return to M: General Sir George Arthur, the correspondence on the subject of Commissariat Supplies, when furnished by Contractors.It would be difficult for Mr. Knowles to offer any observations upon these Papers, which would be of the least importance to His Excellency.As regards Toronto, the steps to be pursued, when supplies are suspected of being of an improper quality, are clearly defined; and which leave the Commissariat Officer at liberty to carry out the stipulations of the Contracts.- The District Genl Order however, has reference to every Station in the Upper Province;- Mr. Knowles is therefore of opinion that, were an Order promulgated, conveying to the several Commandants similar instructions to those Communicated to Mr. Knowles, in Mr. Colville's letter of the 23rd October, this question would be sufficiently disposed of, without the necessity of His Excellency giving himself any further trouble, upon the subject.[Items 1551 and 1564 were probably among the enclosures.] F. E. KNOWLES ro COL. [W. C.] WARD:

L. 2p.

[Place not stated.] [Marked "Copy. C. J. Colville."] A copy of the whole of the correspondence respecting the complaints of the quality of the Bread, having been forwarded by me to the Commissary General I do not consider the question as any longer as in my hands; or that I should be justified in allowing the original papers to be taken from this office. As regards the Proceedings of the Military Survey, referred to in your note, I am not aware that I ever saw the report tho' I must have heard of it, as I recollect something of the circumstance- I cannot trace however that the document adverted to, was ever forwarded tome.

J.] CoLvn.LE: L. [Marked "Copy C. J. Colville".]

W. C. WARD TO LT. [C.

Toronto. I send you an answer from the Dy. Commissary General which I have received this Morning in reply to the note I sent him on Saturday. I cannot say .that he saw or heard of the proceedings of the Artillery Survey; but this I am quite certain of: that I sent it to him

1840

187

ARTHUR PAPERS

within an hour after Colonel Jackson brought it to me; and I wrote a letter or note with it, requiring his attention to it. [Enclosure is apparently item 1569.] (1571) Nov. 23

(1572]

W. C. WARD TO COLONEL [C. L. L.] FOSTER:

A.L.S.

Toronto. I annex, for the information of His Excellency the Major General Commanding, the copy of 2 Garrison Orders; one dated the 7th the other the 18 ultimo, which I issued at the request of the Dy Commissary General at this Station. [Endorsed in pencil: "Transferred to the Asst. Mily. Secy. for the immediate information of His Excellency The Major General Commanding.- L. Foster, A AG 3 O'Clock, P.M.") [Items 1572 and 1573 are continued on the same sheet as above.]

1840

Oct. 7

RICH[AR]D

HOWORTH:

Commandants Office, Toronto. [Marked "(Copy)".] G.O. A Board of Officers according to the undermentioned detail will assemble at the Commissariat Store on Friday the 9th. Instant at 11 oClock, for the purpose of surveying and reporting upon the quality of about 350 Barrels of Flour the warranty of which is about to expire. Colonel Macbean R A President Royl. Arty. -1 Subn. 32d. Regt. - 1 Captain 34th. Regt. - 1 Subn. And a Commissariat Officer By Order Signed Richd. Howorth Lieut. & Adjt. R.E. (1573]

1840

Oct.18

fuCH[AR]D HOWORTH:

Commandant's Office, Toronto. G.O. l[.] A Board of Officers according to the undermentioned detail will assemble at the Commissariat Store to-morrow morning at 11 oClock. to inspect and report upon, the quality and quantity of Four Barrels of Flour, reported to have been damaged by Rats.Colonel Wingfield 32nd. Regt. President 32nd. Regt. - 2 Subalterns 34th. Regt. - 1 Captain And a Commissariat Officer By Order Signed Richd. Howorth Lieut. & Adjt. R.E.

188

[1574] Nov. 24

[1575] Nov. 25

[1576] Nov.25

TORONTO PUBLIC LIBRARIES [Srn] R. D.

JACKSON TO

ARTHUR :

1840

A.L.S. 4p.

Montreal. [Marked "Private".] I must have appeared remiss in not having written earlier to tell you how glad I have been to hear of your confirm'd good health, and that you intend remaining at your Post until after the Proclamation[.] I wrote to Sir Colin Halkett, as you desired, and ventured to transmit your just eulogium upon his Nephew, as the most consolatory measure, for him and his Family, that occurred to me. Poor Halkett appeared to me fully to deserve this valuable tribute to his memory. Our Madawaska troubles have recommenced and Sir John Harvey & Gen. Scotts agreement is, virtually, dissolvedWe are, or shall be soon, as we were in 1838, with respect to the disputed territory unless "Tippecaneoe" [i.e. W. H. Harrison] can controul the Maine People. He will be in power in March, and nothing very violent can well take place till May. We have two Mails due, from Halifax and New York, but they have not arrived. . . [Sends respects to Lady Arthur and daughters.] You have political communications, enough I dare say, from the Governor General- He is in good health and going on, 1 believe, to his own satisfaction[.] RICHARD LUNCH:

A.M.S.

Toronto. Memo, A portion of that days Bread was eaten by the men, but in the Afternoon the Baker came up and exchanged what remained[This memorandum is written on a strip of paper which is enclosed in the fold of the sheet forming item 1497.]

T. H.

WINGFIELD TO C.

J. COLVILLE:

L. 3p.

Toronto, Upper Canada. [Marked "True Copy C. J. Colville".] In conformity with the directions contained in your letter of this days date, I beg to state that Some Complaints were made by the Men of the 32nd. Regiment, as to the Quality of the Bread issued to them about the 3rd. October last, and the two or three following days, but as this article had previously been of very good quality, and as the Men of the Regiment are not at all inclined to be fastidious in this respect, or make unne[ce]ssary difficulties or objections, it was not absolutely rejected, and no Regimental Board was assembled upon it[.] A representation was made to the Commissariat at the time, who admitted the justness of the complaint, and promised to take steps to remedy the evil. If I had thought it absolutely necessary to reject the Bread, I should have ordered a Regimental Board to assemble to decide upon it, as I have done on a Similar occasion in the instance of Pork, which I judged unfit to be issued to the Troops. I think it right to add that at this Station, whenever the Officer present at the Issue of Rations, or myself have expressed an opinion that they were not of a proper description they have been exchanged, and articles of better quality Substituted without further Question.

1840 [1577]

Nov. 26

ARTHUR PAPERS ARTHUR TO SYDENHAM:

189

LB.5, P· 270-275.

Government House, Toronto. [Marked "Private & Confidential".] The receipt of your letters of the 15th. and 16th. Inst was quite a relief to me as Mr Dunn had become importunate about his remittances.- I thank you for having been so explicit in your opinion and your wishes upon this subject as it has guided me in my communications with the Receiver General. In the first place, I found the Bank was quite willing to grant the necessary Loan; but, when I came to discuss the matter with Mr Dunn, I found him upon a very high horse from which there was no prevailing upon him to dismount. Whilst he had such large funds in his hands, it was impossible he could be answerable to Parliament for borrowing!- He was not authorized by the Legislature to borrow and could not think of doing so whilst so large a sum was in his hands! I urged upon him that I had no power to sanction his using those Funds-the Crown Revenue-for Provincial purposes-nor would I do so at such a moment, when, for aught I knew to the contrary, the Secretary of State might at once direct the appropriation of them. To this he replied that he was in fact, by his Commission, the Receiver General of the Crown Revenue, and that he had always been allowed to consider his Balances as a consolidated Fund, though to be accounted for under different heads, and if a mere general authority were given to him-to remit the amount to meet the Halfyearly Dividends, he required no more, and should take all the responsibility upon himself. To this, of course, I would not consent but said I would send him written Instructions to borrow from the Bank by which he would be relieved from all responsibility. Yesterday he called upon the Civil Secretary with a proposition to the effect that, if I would allow the use of the Crown Funds, he would, by an arrangement with Forsyth & Co, undertake to replace them by negotiable Bills by the middle of December. But a mercantile transaction of this kind, exposed at least to some uncertainty, I did not consider it right to concur in. But I readily assented to another proposition he made in the course of the day, which, as he says he is sure it will be quite satisfactory to the Parties at Home, is certainly quite unobjectionable to us.- He is to receive at once an authority for remitting £20,000 Stg- that authority he is to transmit to the London Houses this day to go by the Queen, informing them that the remittance will be made as soon as the halfyearly Revenue is received direct from Montreal soon after the 1st. January. I enclose copy of Mr Dunn's letter, and of the Civil Secretary's answer, and had the Receiver General at first said that this arrangement he knew would satisfy the London Houses, we should have been spared much trouble. 2. As respects Mr Macaulay. I sent for him as soon as I received your letter, and thought I could not, in any terms of my own, so well express your kind consideration towards him as by reading to him that paragraph of your letter. I urged him very much to give it a trial and stand for Kingston; but I found he had such an apprehension of the House of Assembly that I am now persuaded nothing will induce him to enter it. He told me that, having long presided as Chairman of the Bench at Kingston, he had often assayed to speak; but, even after preparation, and being thoroughly conversant with his subject, it proved a decided failure. Another letter from him is enclosed, and to

190

TORONTO PUBLIC LIBRARIES

1840

a person to whom writing is a matter of such perfect ease, it is much to be regretted that he cannot speak-especially as his recent investigations of the accounts of the Commissioner of Crown Lands and Receiver General shew that he is a perfect master of his business as an auditor. I ought in justice to him to add that he is evidently deeply impressed by your kindness towards him. 3. With regard to Jacob Langs. Just after I last wrote to you respecting this worthy, a letter was received from Mr Cover[n]ton expressive of the feelings of persons in the District which I enclose for your perusal. I have confined myself to desiring Langs (if he can be found) through the Civil Secretary not to qualify until the pending charge against him has been disposed of. If he accedes to this, as I hope he will, there perhaps the matter had better rest for the present, and when a new Commission is issued for the District, which will be necessary ere long, his general bearing and character will come under your review, and he may then be continued or dropped accordingly. Mr Cover[n]ton, you will observe, alludes to the case of Mr Potts whose name was omitted from the Commission by mistake. but I have taken no step towards reinstating him as Mr Harrison says he mentioned his name to you, but you expressed no decision upon the the subject. 4. The 1st. Battalion Incorporated Militia. I have ordered all the Posts at Queenston, Chippewa, Fort Erie, and Port Colborne to be occupied by this Corps which will leave scarcely 100 men at Hamilton -all in H. M. Quarters, and consequently there will be no voters. Mr Harrison is much pleased with this arrangement, and the Candidate will have no adverse feeling against him which he began to fear would be the result of the other proceeding at such a late period of the year. 5. Niagara Police. Not more than two or three days before I received your letter, I directed the Civil Secretary to write to the Chairman and propose the very measure you suggest, and, knowing they ( the Magistrates) are all opposed to the system, I desired Mr Harrison to address also a private note to Mr Thorburn, pointing out to him that it was a measure in which the Governor General took much interest, and that I hope will operate as a charm upon him at least. 6. I have delayed, and must still delay for a day or two, my reply to you respecting the Clergy Reserve at Kingston, until I hear from the Law Officers of the Crown, who are looking into the legal points as to the process by which the land may be obtained. It was set apart, 18 acres, as a Glebe for the Rector of Kingston in 1836 by an Order in Council, and a Patent of endowment actually issued. I presume, however the case will come within the Provisions of the Act passed during the last Session "to authorize Her Majesty to take possession of lands for the erection of Fortifications in this Province under certain restrictions." It was with reference to our requiring land at Kingston (but not Clergy Reserve Land) that I directed the Law Officers, before you assumed the Government, to prepare such a Bill, and I think it was brought in by Mr Draper. You have the Act with you, I believe, but I enclose a copy for your immediate reference. We shall be obliged to look to the Provision, of course. 7. The Debentures. I called upon Mr Sullivan to furnish full information upon this point, and his Memorandum is enclosed. There can

1840

ARTHUR PAPERS

191

be no doubt, I think, that the sale under par is not legal-but, still, it may be as well, under all circumstances, not to interfere, and, perhaps it may be more convenient to withdraw my reference to you upon the subject. But just as you think best. I throw out the idea because at this very moment a letter from Barings House has been sent to me dated 31st. Octr, by the Receiver General, in which they state that they "are unable to make any further sales of Debentures so as reduce the debt of the Government to us now amounting to above £ 13,000 and we do not anticipate in the present state of the money market and of Politics being able to do so for some months." A copy of their letter is enclosed. 8. I entirely concur with you that it will be prudent to reduce the Crown Revenue Balance before the Union, by providing Funds therefrom for the Lands purchased at Kingston and other Items that the House may be fastidious about. If it be possible to carry into effect your intention of meeting your first Parliament at Kingston-and I do not see anything beyond a difficulty in it-I am very certain it will be a great point gained in many respects. Some of those, who will otherwise support your Government, will be I know indisposed to vote money for new Parliament Buildings and that indisposition will be much augmented if a Session be held at Toronto. At Mr Harrison's suggestion, I have allowed a small charge upon the Crown Revenue for a Survey of the Burlington Canal, and the Survey of a Railroad from Hamilton to the Waterside; he said he had your promise, and the expence can be but trifling. Beyond the ordinary charges upon the Crown Revenue, which, at the end of the Halfyear, will not, as the Receiver General tells me, exceed £ 4000 or £ 5000, I know of no demand upon it, so that there will be from £35,000 to £40000 disposable. 9. Your letter to the Scotchmen has come quite opportunely, as they have sent in a petition to Lord John Russell, couched in ther usual strong and angry language, remonstrating against the Clergy Reserve Bill, and the injustice done to their Church. I am delighted you have spoken to them in such decided terms-it is the very discipline they required. I have two or three other matters to write to you upon, but I will have the compassion to reserve them until tomorrow. We received our letters by the "Queen" last night. [Enclosures lacking.] [1578] Nov. 30

ARTHUR TO SYDENHAM:

LB.5, P· 275-277.

Government House, [Toronto.] [Marked "Private & Confidential".] In my letter to you of the 26th. Instant I mentioned that there were two or three other subjects upon which I wished to address you, and intended to have done so on the following day, but was prevented, having devoted five hours of it to the Chiefs of the Six Nations Indians. Mr McLeod, late Depy Sheriff Niagara District, was apprehended a few months ago at Lockport, charged with Murder and Arson-that is for being concerned in the affair of the "Caroline." After a long examination, he was discharged; but, having lately returned on business to the same Town, he was again apprehended on the same charge,

192

TORONTO PUBLIC LIBRARIES

1840

and has been fully committed. Having appealed to me, and the People at Niagara having expressed, by Petition, strong interest in his case, I immediately wrote to Mr Fox desiring his interference with the U. S. Government to effect Mr McLeod's liberation. Mr McLeod declares he was not one of the expedition under Captain Drew, and I know no reason to doubt his assertion; but, I must say, if he were on the Frontier, that he is the most probable man I know to have been one of the Party. Admitting, however, that he was engaged in that affair,-and, whether it were a judicious proceeding or otherwise-it has been made a National Concern and we must, of course, do all we can for him-and the Niagara People have been answered accordingly. With regard to the Prospectus of the new Journal, I expressed some surprize as soon as I saw it because the mention of your name will greatly diminish the support which the Government might, upon a pinch, hereafter derive from the publication; but I was privately given to understand that Mr Ryerson had shewn it to you, and that it had met with your concurrence. So I said nothing further upon the subject, nor did I recollect that Mr Sullivan had anything to do with it. He has written to you himself in explanation. Do not consider me a Meddler for saying that Ryerson has his own game to play, of which you may rely upon it he will never be unmindful; and I am certain Separation from Great Britain is that Man's End, however obscure and tortuous his course may appear to gain it. Mr Best, one of the Custom House Inspectors at Buffalo, came to Toronto on Friday last to give information of Patriot Movements. He states that the Hunter's Lodges are reviving their proceedings, and have been in a state of activity for some weeks past, collecting arms and ammunition, and will certainly give some annoyance during the Winter-being in correspondence with persons in Upper & Lower Canada. Mr Best is, I find, well known by many of our Merchants, and bears an excellent character-for an American- He has neither asked, nor seemed to expect any remuneration, and, most probably, himself believes all he relates-and, as he assured me that the Shipment of Arms and Ammunition for the Westward has come under his own observation, it is difficult to discredit his assertion altogetherNevertheless I attach no consequence to the information, but I have privately directed some further inquiry to be made. I should add, however, that Colonel Bankhead informed me in September that the Hunters Lodges were kept alive; and that if his Party, the Whigs, got into power, he expected the Patriot Cause would revive, as one means of perplexing the new Government. About a fortnight ago there were several meetings in Toronto of both Parties, many persons having congregated in the City to attend the Court. The Reforiners urged upon Hincks the absolute necessity of his taking, for the present, a more moderate course, as their success depended upon unanimity. The Conservatives, without any head in whom anything approaching to confidence is reposed, are much divided in opinion. Some of them advocate opposition to public Officers generally as Members-others that the application of any such general principle would be the worst possible policy! I find that the Attorney General entertains a strong impression that his friend, Mr Sherwood, has endeavoured to damage his Election in the East as much as he can. Of course, he has his own interest in this-at least he thinks so-but I regard Sherwood's own prospect as most discouraging.

1840

193

ARTHUR PAPERS

The expectation, which is now very general, of Kingston's being the seat of Governt. is evidently working the downfall of the influence of the Corporation. (1579] Nov. 30

[1580]

Dec.I

ARTHUR TO SYDENHAM:

LB.5, P· 277-278.

Government House, [Toronto.] On Friday afternoon the Inspector General sent in a Statement of some arrears due to the Indians on account of unpaid annuities together with the balance due to them for the current year chargeable upon the Crown Revenue, and amounting to little short of £ 9000. This, of course, exceedingly surprized me, as I had been distinctly informed by the Receiver General, as I communicated to you, that the total charge upon that fund to the 31st. Deer inclusive would not exceed £ 5000. So serious an item having been detected, I dreaded what might further turn up, and as I had to endure a visitation from the Chiefs of the Six Nations Indians on Saturday, I desired Mr Harrison to proceed to the Offices of the Receiver General, Inspector General, and Commissioner of Crown Lands, and to give up his whole time to the matter so as to ascertain distinctly whether the balances in favor of the fund and the charges against it, as stated by the Receiver General were correct. It turns out that Mr Dunn's Statement was framed upon the payments actually to be made on or before the 31st. Deer-and that all the salaries of every kind and various other Items, chargeable upon the Crown Fund, and payable on the 1st January 1841, had not been at all regarded. You would scarcely believe the difficulty the Civil Secretary has had to get at what is actually due on the 31st. Deer, and what on the following day,-and, even yet, Mr Harrison has not got the statement in such a shape as we can depend upon, but it will be completed either tomorrow or the following day- in the mean time I write at once to beg you will not calculate upon a larger sum being at your disposal than from £20,000 to £25,000. There are several points bearing upon this important subject which will require your consideration and decision, and I will endeavour to place them before you as plainly as I can as soon as the Statement is before me. What embarrassment it might have produced had the Receiver General been suffered to touch the Crown Revenue Balance for his remittance to England? T. w. C.

MURDOCH TO MR. SECRETARY

[S. B.]

HARRISON:

L.S. 2p.

Government House, Montreal. I am commanded by The Governor General to transmit to you herewith the copy of a Dispatch [marginal note reads "No 250 29 Octr 1840"] from Lord John Russell relative to the case of Mr. W. P. Smith. As it appears that this case is now under the consideration of Sir George Arthur, and as Mrs. Smith whose letter Lord J Russell encloses is living at Toronto, I am to request you to lay the accompanying Dispatch before Sir George Arthur and move His Excellency to take such steps for the assistance of Mrs. Smith as may appear to him to be proper.[Endorsed in pencil "Write Mr Berczy as to Mrs Smiths address SB H."] [Enclosure: ]

1840

193

ARTHUR PAPERS

The expectation, which is now very general, of Kingston's being the seat of Governt. is evidently working the downfall of the influence of the Corporation. (1579] Nov. 30

[1580]

Dec.I

ARTHUR TO SYDENHAM:

LB.5, P· 277-278.

Government House, [Toronto.] On Friday afternoon the Inspector General sent in a Statement of some arrears due to the Indians on account of unpaid annuities together with the balance due to them for the current year chargeable upon the Crown Revenue, and amounting to little short of £ 9000. This, of course, exceedingly surprized me, as I had been distinctly informed by the Receiver General, as I communicated to you, that the total charge upon that fund to the 31st. Deer inclusive would not exceed £ 5000. So serious an item having been detected, I dreaded what might further turn up, and as I had to endure a visitation from the Chiefs of the Six Nations Indians on Saturday, I desired Mr Harrison to proceed to the Offices of the Receiver General, Inspector General, and Commissioner of Crown Lands, and to give up his whole time to the matter so as to ascertain distinctly whether the balances in favor of the fund and the charges against it, as stated by the Receiver General were correct. It turns out that Mr Dunn's Statement was framed upon the payments actually to be made on or before the 31st. Deer-and that all the salaries of every kind and various other Items, chargeable upon the Crown Fund, and payable on the 1st January 1841, had not been at all regarded. You would scarcely believe the difficulty the Civil Secretary has had to get at what is actually due on the 31st. Deer, and what on the following day,-and, even yet, Mr Harrison has not got the statement in such a shape as we can depend upon, but it will be completed either tomorrow or the following day- in the mean time I write at once to beg you will not calculate upon a larger sum being at your disposal than from £20,000 to £25,000. There are several points bearing upon this important subject which will require your consideration and decision, and I will endeavour to place them before you as plainly as I can as soon as the Statement is before me. What embarrassment it might have produced had the Receiver General been suffered to touch the Crown Revenue Balance for his remittance to England? T. w. C.

MURDOCH TO MR. SECRETARY

[S. B.]

HARRISON:

L.S. 2p.

Government House, Montreal. I am commanded by The Governor General to transmit to you herewith the copy of a Dispatch [marginal note reads "No 250 29 Octr 1840"] from Lord John Russell relative to the case of Mr. W. P. Smith. As it appears that this case is now under the consideration of Sir George Arthur, and as Mrs. Smith whose letter Lord J Russell encloses is living at Toronto, I am to request you to lay the accompanying Dispatch before Sir George Arthur and move His Excellency to take such steps for the assistance of Mrs. Smith as may appear to him to be proper.[Endorsed in pencil "Write Mr Berczy as to Mrs Smiths address SB H."] [Enclosure: ]

194 (1581]

1840

TORONTO PUBLIC LIBRARIES 1840

Oct. 29 RUSSELL TO SYDENHAM:

L. 2p.

Downing St., [London.] [Marked "No 250".] I transmit to you, herewith, the Copy of a letter, elated Toronto, 24 Augt: from Mrs. Smith to Her Husband, who came to this Country last year to urge his claim to further compensation for services rendered by him to the Canadian Gov't on the occurrence of the late disturbances. Mr. Smith has already recd the utmost compensation which I consider him entitled from the funds of this Dept: & any additional remuneration must be granted to him from the Prov: Revenue, and must depend on the result of the inquiry which I directed Sir G. Arthur in my Dispatch, No 111, of the 6 Aug. to institute into his case.In the meantime I would wish Y'r Ldship: to ascertain the real situation of Mrs. Smith, & if she should be in want of it, to instruct Mr. Murdoch to issue to her a small sum of money for her present support[.] [Item 1582 is continued on the same sheet.] [Enclosure:]

[1582]

1840

Aug. 24 MRS. CATHARINE SMI'IH TO

[W. P.

SMI'IH] :

L.5p.

Toronto, U.C. It is now going on 5 Months since I recd your last letter dated 10 King St: Westminster Feby: 28. '40, and I hope you will believe me when I state to you that I never before, or since I met you spent 5 Months so miserable. My poor Aggy has been so unwell for a long time that we thought he was going to the other world, & this has occasioned me many a wretched thought, as 1 considered you would not arrive to overtake him alive. But thank God he is now well, I had two Doctors attending him whose bills came very dear, owing to the numerous visits they paid himMy dear husband if you were to know how much my Misery is heightened by reflecting on the predicament I am placed in here, with no friend to look to me, no one to attend me, if any thing should happen, no one to look to my Children, & you 4,000 Miles from me, and only a faint hope of seeing you in any seasonable time. I am now out of money and this is the 3 letter I have written you to which I recd. no AnswerThe £5 you say you sent by the Gen: that you said came by the "Toronto" I am sorry for not receiving this, and sorry that you did not meet with the success you expected, but above all, I am sorry I did not go with you for then I would be comfortable but now without you I am miserable surely, while I had any means to support y'r children I did not feel so bad, as I cherished a hope you were in a way of doing well and

1840

ARTHUR PAPERS

195

would be home in good time. But now, I am on the look out for service and this I cannot get, as I can get no one to take the Children, nor do I wish to give them in any ones charge, and I'll leave you to consider my situationMr. Fothergill is dead & his house and all his Birds &c are burned up with other Houses on the comer of King St:My dear Husband while you were here to look to me I had friends but now they think it strange you are not coming or sending me Money & therefore I am left to do for myself. I would have written you this letter 3 Months ago but daily expecting you, or a letter from you, & now I must only trust in God to do for me till I see or hear from you.I am happy to state to you that Robert is a good Child and gets good health & poor Aggy is now on the recovering handAs for sending you any more Acc't. it's in a great measure useless as you may conceive my situation. I must conclude with hoping this will :find you in good Health as it leaves me at present thank God and hoping soon to see you come home never more to

part...

[P.S.] A kiss from me & your 2 Sons[The above appears on the same sheet as item 1581.]

[1583] [1840] [c. Dec. 5]

[1584] Dec. 5

[ARnruR] TO SYDENHAM: writing.

Df.A.L. with emendation in Arthur's hand-

[Place not stated.] [Marked "Private".] I find that Major Le Marchant is on the point of leaving you for the purpose of retumg to Engd- it has occurred to me that my son might become a useful successor, having that knowledge of Persons & things in this Province, which often with an A D C turn to good Account & I am sure wd gladly join your staff, if you will accept his services & feel a great gainer by the exchange. But, probably, you have already made your arrangts. I have been quite relieved by receiving on Saturday your Letters of the 15 and 16th inst- By Tomorrow . . . I hope to be in possession of the information you require. [Endorsed "Dft to Lord Sydenham Fredk".] ARnruR TO Srn R. D. JACKSON:

LB.5, p. 354-355.

Government House, Toronto. I have been so much employed in looking into several matters which it is absolutely necessary to adjust before the Union that I have been for some days prevented from even writing a short note in order to apprize you of one or two circumstances which I wished to communicate. With reference to the old story of the destruction of the "Caroline," a Mr McLeod of Niagara who proceeded to Lewiston on some busi-

196

TORONTO PUBLIC LIBRARIES

1840

ness has been apprehended on the charge of "Murder and Arson" and fully committed to Lockport Gaol for trial. This you may have seen mentioned in the Papers, but I am anxious to add that the whole proceeding has been accompanied with a demonstration of very bad feeling on the part of the Americans. About a week ago, a Mr Best came from Buffalo in order to give information that the Hunters Lodges were again actively employed, and that he was quite convinced we should have renewed troubles during the winter. He assured me that he knew positively that arms and ammunition had been collected, and that funds would not be wanting in the Patriot Service, as there were several persons of wealth who continued to favor the cause, and that a great number of dissatisfied persons connected with the Democratic Party were under the most irritated feelings and ready for any mischief. Mr Best who is an Inspector of the Customs at Buffalo, is well known in Toronto, and well thought of, but I have always regarded him as an alarmist; and, unless there be some other cause of agitation, I should regard very lightly any movement of the Patriots,- but, if there be a rupture with the "Maine" people, there are willing minds enough, I believe, though perhaps, not so many stout hearts, along our Frontier, ready to join. I thank you very much for your kind note of the 24th. Ulto.- Lady Arthur, and my daughters are always gratified by your recollection of them, and we all look forward, and have set it down as a most agreeable expectation, that you will pay us a visit in England. [1585]

Dec. 5

ARTHUR TO SYDENHAM:

LB.5, P· 351-354.

Government Hcuse, Toronto. [Marked "Private & Confidential".] I regret so many days have elapsed without having it in my power to send you such an account of the Crown Revenue as might be relied upon. I now enclose such a Statement as, after much careful examination, may be considered a very close and correct estimate of the state of the Fund, including every Item chargeable upon it on the 1st. January next-shewing a balance of £24770-7-5. The Draft of this Statement was examined carefully by the Inspector General, and amended accordingly. There are, however, still some points for your consideration.Under the Head of "Receipts," I know but one Item included at all questionable-that is the Balance of £2695-14-9 on account of the Military Reserve. My opinion is that this Balance fairly and equitably forms part of the Crown Fund, and I have therefore directed that it shall be so inserted, but I shall defer giving an official Instruction to the Commissioner of Crown Lands until I receive your decision. A large Tract of Land, as you are aware, was reserved in the immediate vicinity of this City for Military purposes, but no legal conveyance of it was ever made from the Crown to the Ordnance Department. A portion of this Land has been sold, and it was proposed by H. M. Govemt. that the whole, beyond what was actually required for the Barracks, should be transferred from the Ordnance to the Province on the adjustment of the Civil List,-in consideration that the Province paid £ 10,000 towards the erection of the New Barracks; but, in point of fact, the Land has never belonged to the Ordnance: it was only reserved for Military Purposes if required; but, if not

1840

ARTHUR PAPERS

197

required, it seems to me that it still forms part of the Property of the Crown. Independently of this Item of £2695-14-9, there are further sums due by the Purchasers,-but they claim a set off, and it would not be safe for your present purpose to calculate upon more than we have actually in hand. Under the Heads, respectively, of "Salaries," "allowances," "charges" I am not aware of any Item that can be questioned-but under that of "Memorandum" I have thrown into a memorandum such as require your consideration and upon which the following remarks occur to me. No. I Additional Salary to Mr Sullivan £ 2396-3-6- This is estimated according to your view of granting him the allowance as Presiding Member of the Executive Council at the rate of£ 500 per annum from his appointment to the end of this year- The salary of Surveyor General, which I proposed to grant him for the period during which he filled that office, would not have exceeded £ 1200. No. 2. Gratuity to Mr Hawke-£ 100- This I recommended, for his care of the Pensioners, to the Secretary of State on the 16th July last-but no answer has been received- if approved, it might very properly be paid from the Military Chest, and, on your recommendation, I am sure it would be so. No. 3. The Revd. P. Campbell (Scotch Church)-£230- In March last I forwarded Mr Campbell's Petition to the Secretary of State-No answer has been received,-and I have no expectation that it will be granted- Still, I have thought it right to notice it;- Should it be allowed, I presume it may be a charge upon the Clergy Reserves. No. 4. The Revd. B. Cronyn's claim-£475- Upon this I addressed the Secretary of State in July last, but have not received an answer. For a long time this Clergyman's Salary was under the Secy of States consideration,- at length, his claim, as to the rate he was entitled to receive, was admitted, and, thereupon, he further applied for arrears. I think it cannot consistently be refused but, I suppose, it may be hereafter charged upon the Clergy Reserve Fund. No. 5. Balance of Money granted to Owen's Sound Road-£1800The sum of £ 2800 was proposed to be granted for this Road. £ 1000 has been paid, and of course our general Balance has been by so much reduced. The remaining £ 1800 may well be a charge upon the General Fund after the Union, and, as the Work is a popular one, I do not contemplate any objection will be raised. No. 6. The Receiver General's charge £2800- Mr Dunn has always persisted in claiming £ 200 per annum for receiving the Revenue which is derived from the Canada Company-Fund D-altho' the Executive Council, in auditing his accounts, has invariably objected to it on the ground that it had never been authorized. He is, according to his own account, emphatically the Receiver General of the Crown Revenue, for which he receives a liberal Salary. I consider that he has no claim whatever to this allowance. No. 7. Saugine Indians-£ 1125- My Dispatch submitting an allowance to these Indians for approval is dated 11th. July last. The Secy of State's Authority is dated 19th. September, and from that date I presume the charge will commence. The Crown Fund, therefore, will only be liable to this charge from that date to the period of the Union-say £500-

198

TORONTO PUBLIC LIBRARIES

1840

No. 8. I do not know whether you have any demand against Upper Canada for the passage of Immigrants from Bytown to Kingston-it may be hoped not-but I have thought it better to notice it. After you have considered these matters and expressed your opinion upon them, it will be most convenient, perhaps, for me to address a demiofficial to you, omitting all such observations as I have now made for your consideration and it is with this view that I have caused the Statement to be confidentially prepared in my own office. [Enclosure lacking.] ·

(1586) Dec.7

ARTHUR TO SYDENHAM: LB.5, p. 355--357. Govt. House, Toronto. [Marked "Private".j I wish to resume the subject of the Crown Revenue for the purpose of mentioning that there is another Item on the Receipt side, not included in the Statement, which I cannot divest myself of an impression ought to be included; but I would not cause it to be inserted in the Estimate in opposition to the opinion of the Commissioner of Crown Lands, who has fully set out the case in the accompanying Memorandum. Lord Glenelg, you know, was quite unhappy until he had divested the Crown of all power over its waste lands in this Province, and the officer administering the Government of all influence from that source. The waste lands were, consequently, placed under the control of Parliament by 7 Willm. 4 Chap 118. Amongst other provisions it was enacted that, thenceforth, persons holding "Land Rights" might pay into the hands of the Commissioner of Crown Lands such Rights at the rate of 4s per acre in liquidation of the purchase of other lands-and this was to extend over the Clergy Reserves, as well as over the Crown Lands-but, then, the Clergy Reserve Fund was to be reimbursed in cash, as the sale of the Crown Lands proceeded, for any land Rights which might have been delivered up as a Set off against the purchase of such Reserves. This would have mattered but little, had things continued as they were; but, under existing circumstances, the Crown clearly suffers by the transaction. For example-Clergy Reserves to the extent of £ 10,000 have been sold and paid for in Land Rights. The Commissioner of Crown Lands, on the 30th. September, had actually remitted £3319-1-6 to be paid to the credit of the Clergy Reserve Fund for monies received by him on account of Crown Lands. Now, on the exchange of the Casual and Territorial Revenue for a Civil List, we shall not only be minus the said £3319-1-6 but the Land Rights Worth-that is the land thus redeemed will be at the disposal of the Province. This is not only a losing transaction; but, as I believe, it is an illegal one. For, by the Imperial Act, it was provided that the Clergy Reserves should be sold for Cash, and the proceeds remitted to England. The Provincial Legislature had no right, or rather, power I should say, to enact that Land Rights should be received in Payment for Clergy Reserves. The question then is whether Restitution shall be made of the said £3319-1-6, the Commissioner of Crown Lands having sufficient Clergy Reserve Funds in hand for that purpose,-and the case would then stand thus as between the Crown and the United Legislature. There are £ 10,000 worth of Land Rights received in exchange for Clergy Reserves. The Commissioner, in this transaction followed the provision of the Provincial Act, but it is at variance with the Imperial

1840

ARTHUR PAPERS

199

Act which directs the disposal of the Clergy Reserves-it follows, therefore, that these Land Rights must be redeemed by Cash, the future proceeds of Crown Lands,-or the parties must themselves redeem them for Cash! There will be some inconvenience hereafter, perhaps, in this,-and, if you do not want the money, you will probably think it better not to interfere- but it is for your consideration- in the meantime I have directed that there should be no further remittance made for this Service, which would by so much reduce the Crown Revenue Balance... P.S. It may occur to you why not put the legal question to the Law Officers? I have thought it better not to do so before communicating with you. But, I believe, the Law of the question Mr Sullivan does not doubt[.] [Enclosure lacking.]

[1587]

WILLIAMS SANDOM TO ARTHUR:

Dec. 7

[1588]

Dec.7

L.S.

Her Ma;esty's Ship Niagara, Kingston. By some inadvertency in consequence of my absence from Kingston, I omitted to acknowledge the receipt of Mr Colvilles letter of the 10th ultimo written by your Excellency's Commands, relative to a misstatement made by Commander Drew upon the late Court Martial: In now returning Your Excellency my thanks for that communication I take the liberty to request you will be pleased to cause me to be furnished from the proper Office, with the date of the Commission, produced by Commander Drew from Your Excellency as "Commodore of the Provincial Marine," as also with the dates of its delivery and of the payment of the usual Fee by that Officer[.]

R.

A. TUCKER TO ARTIIUR:

A.L.S. 4p.

[Place not stated.] [Marked "Private".] After much serious reflection I have decided to request you not to allude to my present position in any of your Communications to The Govr. Genl. If I had only my own judgment to depend on, I wou'd not for a moment hesitate in regulating my conduct on this point by your opinion & that of my much valued brother: but I have earnestly sought direction from a higher quarter; & I firmly believe that the course I have determined to follow is the one from which no considerations whatever ought to induce me to deviate. For several years past one of my daily prayers has been, that my heavenly Father wou'd "stand by me in all trials-succour me under every temptation-support me under discouragements--& advise me in All Difficult Cases".- And since my residence in Toronto the last clause of this petition has been urged with peculiar sincerity & earnestness. I do, therefore, humbly hope & trust, that a merciful God will condescend to enlighten my understanding, so that I may be able to discern the true path of duty, & to animate my courage, so that I may persevere in it with unshaken constancy & fortitude.- My strong conviction is, that He will never inflict on me the smallest suffering which is not necessary for the correction of my faults, & the consequent promotion of my eternal interests. But, apart from those high grounds of principle by which I wish my conduct ever to be regulated, I greatly doubt, my dear Sir George,

200

TORONTO PUBLIC LIBRARIES

1840

upon mere motives of worldly policy, whether your interference with the Govr. Genl. in my behalf wou'd prove beneficial.- At all events my desire is to stand before him as a man, who will neither directly nor indirectly solicit favor; & who seeks for nothing more than he deserves, & has a clear right to claim. With the deepest sense of your kindness[.] [1589]

Dec.7

Wn.L[IAM] WAKEFIELD:

M.S. 2p.

Account Sales of Sundries Sold by order & for ac/c of His Excellency Sir Geo Arthur by Wm Wakefield[.] 1840 Octr By Grande piano Sold W H Draper Esq 150 " Cottage ditto " Hibburn Esq [i.e. Hepburn?] 60 " Britzka Judge McLean 120 .. .. " Family Sleigh " Hbl. J B ,Robinson 45 .. .. " A Double Dinner Set " D'Arcy Boulton Esq 35 " 95¾ yds Sheeting @ 1/8 7 19 7 " 14 " Diaper Toweling @ 3/4 2 6 8 " 34~ " Round Toweling @ 1/1 14 6 @ 5£ 15 .. .. " 3 Gentn. Saddles @ 63/6 6 .. " 2 pr. 12/4 Blankets " 1 12/2 Quilts @ 34/1 14 .. " 51¾ yds Huckaback @ 2/3 5 16 5 " 6 Cut Salts @ 4/ 2 1 5 .. " 3 Chamber Sets Flower @ 47/7 1 .. " 1 doz d'oyleys @ 12/12 .. " 1 " do @ 7/ 7 .. " 3 " Dinner Napkins @ 75/11 5 @ 63/12 12 " 4 10/14 Table Cloths " 12 yds Knife Cloth @ 1/.. 12 .. " A Green Dessert Set @ 60/3 " A Double Tea Coffee & Breakfast Set 12 @ 50/5 " 2 pr. 11/4 Blankets @ 72/7 4 .. " 2 10/16 Table Cloths " 1 10/14 ditto @ 66/3 6 .. " 12 finger Glasses @ 3/6 2 2 @ 86/6 4 6 6 " 1 10/ 18 Table Cloth " 6 Tumblers @ 2/4 .. 14 .. " 10¾ yd Table Slips @ 8/0 4 6 .. " 2 pr. 10/4 Blankets @ 34/3 8 .. " 1 doz fish Napkins @ 29/1 9 .. " 1 13/4 Quilt @ 43/2 3 .. 1 12/4 ditto @ 36/1 16 .. " 12 Water Carafes @ 3/6 2 2 .. " 1 10/18 Table Cloths damaged 75/3 15 .. " 1 Side Saddle pr Capt A 140/7 .. .. " A Blk Poney [sic] 10 .. .. " 1 10/14 Table Cloth 66/3 6 .. " 10 Yds Damask Tabling 5/2 10 .. " 12 large Tumblers 2/4 1 8 .. " 36 Claret Glasses " 4 4 ..

1840

201

ARTHUR PAPERS " " "

3/6 3/6 36/-

4 Salts

6 Water Carafes 3 12/ 4 Quilts

" 1 doz Small Tumbler " 2 com Chamber Sets " 24 Champagne " 12 ditto Novr. " 6 Dozen Knives " 2 Counterpanes To Commn. @ 5 pr % " prin [tin] g 200 circulars " Cartage

1/8 ea 12/6 2/6 2/ 6

20/18/6

29 .. 116 2 .. 10 ..

7 .. 6

Errors & Omissions Ex Toronto Deer. 7th 1840 Willm. Wakefield. [1590]

Dec.9

ARTHUR TO SYDENHAM:

14

1 1 5 8 1

..

1 5

3

1 10 6

1 17

591

5

8

32

9

..

558 16

8

LB.5, P· 357-359.

Government House, Toronto. [Marked "Private & Confidential''.] I enclose for your perusal the copy of a letter from Mr Prince, in which, enclosing at the same time a letter from Mr McLeod, he declares his "fixed determination" taken in the most deliberate manner, -and, emphatically, as would appear by his underscoring the passage-"to shoot the first man who presents himself before him under strongly suspicious circumstances;["]-and he then warns the Government that, as a consequence, "some innocent person may fall." One can only hope that he is besotted or deranged; however this may be, acting upon the course which I have steadily pursued in the Administration of a Colony for many years, I should at once cause Mr Prince to be informed that any person, who is capable in his cahn moments of contemplating such a proceeding, ought not to be invested with the Magisterial character, and accordingly remove him from the Commission. Most earnestly do I trust that, in this, and in other matters which I have submitted for your consideration, you will understand that my object really is-not on any account to relieve myself from responsibility-but truly and sincerely from a desire not by an act of mine to embarrass your future administration. If, therefore, you will favor me with your opinion respecting Mr Prince in this matter, whilst I shall act according to your suggestion, the responsibility, if he be removed from the Commission, will wholly remain with me. Mr Harrison yesterday laid before me Mr Murdoch's enquiry respecting the appointment of Commissioners to investigate the claims for losses during the Rebellion and invasion, which surprized me a good deal as I had given my consent to what had been done entirely upon the understanding that it was in accordance with your wish. When the first Bill upon the subject of these losses was passed, I suggested to the Executive Council that Commissioners should be at once appointed to investigate and report upon them, as, at remote periods, it is always difficult to ascertain the truth, and all kinds of jobbing are let in, and it was then my intention that the Commissioners

202

TORONTO PUBLIC LIBRARIES

1840

should have been appointed thus- One Officer of the Line-one Commissariat Officer-and one officer of Militia, the latter to be taken from each District;- but the Council were of opinion that Commissioners could only be appointed under the Bill, provided it were allowed by the Queen, and that any step taken before would be premature, and that no allowance could be made to the Commissioners. So the matter rested until Mr Harrison presented to me a list of Persons, whom he said he had selected with great care, to act as Commissioners in each District-a course which he considered was in accordance with, and carrying out, some observations you had made whilst on your late tour, and therefore I acceded with merely the expression to him of what my own opinion had been- I have no doubt whatever that the proper course is that which Mr Murdoch intimates as being your view of the subject, but had it not better altogether remain for your disposal. [Enclosure lacking.] [1591) Dec. 9

[1592) Dec. 10

[1593) Dec.11

CHA[RLE]S BERCZY TO s. B. HARRISON:

A.L.S.

Toronto. I have the honor to acknowledge the receipt of your letter of this days date; in which by Order of His Excellency the Lieut Gov. you request me to inform you if I am aware of the residence of Mrs. Catharine Smith, wife of Mr. W. P. Smith late of Michigan, Ornithologist-and beg to inform you that Mrs. Smith now resides in Toronto at No. 14 Market Street, and that her Husband is in England. [The above is filed with item 1580.J CHA[RLE]S BERCZY TO s. B. HARRISON :

A.L.S. 2p.

Toronto. [Marked "Private".] Adverting to your letter of yesterdays date making enquiries regarding a Mrs. Catharine Smith-I beg to say that I was this evening informed by my letter Carrier that she is in much anxiety about her Husband in consequence of a Gentleman having called upon her this morning and stated that he was very sick in Michigan-which I do not believe to be possible as she has received a letter from him dated London 16th. October, still it will be an act of charity to relieve the poor Womans mind if you have any knowledge of where her Husband is, if you will inform me of the same I will communicate the same through my letter Carrier who is well acquainted with her[The above is filed with item 1580.J ARTHUR TO SYDENHAM:

LB.5, P· 359-362.

Government House, Toronto. [Marked "Private & Confidential".] It appears to me to be worth while to call your attention to the Bridge at Kingston which connects Fort Henry with that Town. In the course of last year Sir John Colborne wrote to me upon the subject informing me that he had, as Commander of the Forces, ineffectually recommended to the Home Government to purchase out the joint proprietors who had offered to part with their interest in the concern on reasonable terms and begged me to try what I could do

1840

ARTHUR PAPERS

208

with the Secretary of State. But, as he had been unsuccessful, I thought it would be a vain attempt on my part;-and at that time I did not attach so much importance to the affair. Now, however, the face of things at Kingston will be so much changed, that it would seem unwise any longer to allow private individuals to be in possession of the only communication between our military works, and from the encrease of population the Bridge must become more valuable every year. It is possible that we may still get the concern into the hands of Government on reasonable terms, and, if it be your wish, I will look to it by reviving the correspondence which I had with the parties last year. About a week ago Mr Tucker shewed me a letter from his brother, one of the East India Directors, in which he renewed the expression of his desire to procure for him a better appointment, and added that his particular friend Sir Charles Metcalfe had written to say that he should be most happy if he were with him and would cheerfully use every exertion to that end. The offices to which Sir Charles alluded were those of Vice Chancellor at £2500 per annum and two Puisne Judgeships at £2000; but Mr Tucker, who had already declined the far more lucrative appointment of Standing Council at Calcutta, was not likely to take either of these offices, and he immediately refused. I do him, therefore, no kind of prejudice in mentioning confidentially the circumstance to you, as I wish to suggest for your consideration, if it would not be desirable for Government to give one of these Judgeships to Mr. Hagerman? On account of climate, or from his great predilection for Upper Canada, he may not be disposed to accept the offer, but, without entering into particulars, I am very certain that it would be a good move for all parties, and, if you concur with me, I will write to Mr Hagerman, and suggest him to apply to the Secretary of State, in which case it will, of course, be absolutely necessary that you should communicate to Lord J. Russell. The Jamaica Legislature have passed their Bill limiting the selection of these Judges to their own Bar, but Lord John Russell has recommended that it be revised in that particular, and this gives both time and opportunity. I do not think there is any movement here of much importance to communicate to you. The public mind is, however, naturally, as the period for the Union approaches, more and more anxious, and rumours of all kinds are in daily circulation. The demand is in the market, and, of course, the supply follows- there are persons always ready to feed the appetite for excitement. There was a meeting on Yonge Street, three or four days ago, for the purpose of taking into consideration whether application should not be made to Parliament to impose a Tax upon American wheat. The meeting has been considered, from the parties first concerned, as an electioneering move. The emigration meetings having taken so well, why, thought the wheat men, should not the agricultural interests be equally popular? both schemes, most likely, had their origin in the same cause! Mr Derbyshire [i.e. Derbishire] took his departure yesterday, having been here for three or four days. His professed object in coming

204

1840

TORONTO PUBLIC LIBRARIES

up, that of calling Mr Chatterton to account, he appeared to think he had succeeded in; 'but I fear he has not managed the other affair that brought him to Toronto with much discretion. Mr Henry Boulton says, I am told, that he is confident of succeeding for Niagara. To my surprize I found that Mr Dunn had been effectually assisting him, and I desired Mr Harrison to speak to him upon the subject, for Mr Henry Boulton must prove a very troublesome person in the House, influenced as he is by such strong feelings against the Home Government. Mr Dunn has promised to back out as well as he can. I write unreservedly upon all these matters for your private information as nothing is perhaps altogether unimportant, but I do not think there is anything to fear as to general results; for I am convinced, if they can be kept in the same mood, that moderate men of all parties continue disposed to give your measures a fair trial, and this is surely the only sensible course[.] [1594]

Dec.11

(1595]

Dec.12

JoHN

McCAUL TO CAPTAIN

[FREDERICK] ARTHUR:

A.L.S. 2p.

U[pper] C[anada] College. I have to request that you will be so good as to express to His Excellency the Lieutenant Governor my grateful sense of the solicitude, which he has evinced, for the welfare of the Institute under my charge, by continuing his Prize. The competition for it hitherto has produced the most beneficial results, and this year more than usual exertion has been made. The questions prepared in the different branches have been printed, and as soon as they are ready for publication, I shall take the liberty of submitting a copy for his Excellency's inspection. I now beg to present the Synopsis of the Annual Public Examination-and respectfully request the honour of his Excellency's presence, at any time, that may suit his convenience, but particularly at the distribution of the Prizes, when I should be glad to avail myself of his permission to present the successful candidate for that, which he has offered. [Enclosure is a printed schedule giving dates, times, & subjects for the annual public examination in the different forms at Upper Canada College.] ARTHUR TO SYDENHAM :

LB.5, P· 362.

Government House, [Toronto.] [Marked "Private".] I have heard that it is your intention to visit Toronto before the Union is declared and probably you may think it most desirable to administer the Govt. This induces me to say that, having received the Queen's permission to return to England, I beg you will believe me sincere in assuring you that I have not the least personal feeling of any kind as to the exact period of moving, and I am sure I shall best meet the views of H. M. Governt. by cheerfully falling into your plans, whatever they may be. Whenever, therefore, your plans are matured, I am sure you will kindly give me privately the earliest intimation that I may have it in my power to write to New York, and make the necessary Family arrangements here in the way of packing up, for which purposes

1840

ARTHUR PAPERS

205

from 14 to 20 days notice will be quite sufficient. Six sleighs, I calculate, will take us off, and we have made up our minds to think lightly of snow storms on the land, and gales on the water. [1596]

Dec.14

SYDENHAM TO

[ARTHUR]:

A.L.S. 3p.

Govt. House, Montreal. [Marked "Private & Confidential".] I have to acknowledge your's [sic] of the 26th. & 30th. Novr. and 5 & 7th. Inst.-and thank you most sincerely for the full and satisfying details you give me upon so many topics of interest. The Balance of the Crown Revenues seems to be getting "fine by degrees, & beautifully less"-but I hope it has at last arrived at its [sic] lowest point, which if I draw what is required to pay for the land at Kingston, even without taking credit for any buildings, will stand nearly at zero. How fortunate, or rather how prudent, that you stood out against Mr. Dunn's proposals and brought him to book! With respect to the different items of account mentioned in your's of the 5th. Deer., I will hereafter give you my opinion more at lengthbut in the mean time I should say that there can be no doubt upon our right to that on the credit side of £ 2,695,14.9.- and not a great deal with regard to some of those to the debit of the account, such as Mr. Dunn's poundages, &c. Upon these however we shall probably hear something, and at all events they will, if admitted, only go to reduce the transferred balance, as being sub lite; not affect the transfer itself- As to the question between the Crown & Clergy Reserves mentioned in your's of the 7th. Inst., I think the opinion of the law Officers had better be taken- It is a point of construction involving the Imperial Act, and therefore one which the Law Authorities can alone settle. Certainly, Mr Sullivan's paper does not make the matter at all clear to my mind- On the contrary, your statement seems to me to be unanswerable in equity, and if we have the law besides, we certainly ought to follow the course you suggest. I am very glad that you think well of my notion of getting the first Parl. together if possible at Kingston. It will not be unattended with difficulty, but it is worth almost any amount of sacrifice of comfort or convenience, if it can be brought about. I am quite determined not to hold it here, and Toronto is too far off and exposed to many moral inconveniences. I am afraid that I shall not be ready for the Proclamation of the Union quite so soon as hoped-indeed I must wait to see whether we are to have a French war before I take the step, independently of considerations on this side the Atlantic; But I still hope to get it done by the middle of January. Next mail will probably settle the first question, and I can scarcely doubt that the Chamber will support Louis Phillippe in his Peace policy- Ponsonby too seems to have done good service by his folly-for the French have laid hold of the Deposition of Mehemet Ali, which he counselled against all orders as well as reason, and seem inclined to accept the abandonment of that step as a concession(!!) upon which they will consent to be quiet. I wish I had known that there was any chance of your son liking to remain in this country before I had made my arrangements. When Le Marchant left me, I at once took an officer of the Garrison of whom I know nothing except from report, as his substitute and thus completed my complement. I regret it most truly.

206

(1597]

Dec.14

TORONTO PUBLIC LIBRARIES R. S. }[AMESON)l TO THOMAS ROLPH:

1840

A.L. initialled. 3p.

Toronto. [Marked "Copy".] You will he pleased on your arrival in England to put yourseH in communication with the North American Colonial Committee in London, and with such other Societies and Associations as have been, or may be formed for the promotion of emigration from the British Isles to Canada[.] The prospectus already issued by the Canada Association will indicate their objects generally:-but they are desirous of impressing upon you certain practical considerations to prevent as far as possible the risk of any one being misled by an erroneous construction of that or any other document which they may have been the means of circulating; being determined, as far as in them lies, that none who shall be influenced to proceed to this Country through your agency shall have any just cause of complaint if they should find the expectations with which they left Great Britain less than fully realized. You will therefore cause it to be distinctly understood that this association does not invite, or undertake to provide for an indiscriminate Emigration. It is not to single men that they offer gratuitous locations; neither indeed will such, if blessed with health and industry, require any other assistance than that which the Association has pledged itself to give to all. It is to men married and possessing children that the promise of the Association is first given. Active Agriculturists and Artizans coming within this description, and bringing with them the recommendation of one or other of the Societies above referred to, or respectable persons of small means furnished with your own special certificate will have the first claim upon the services of the Association in Canada, whether it be for receiving free grants or favourable purchases. You will not forget that the wealth of this Association is not of that kind which will at present enable it to incur the expense of aiding emigrants in their voyage, or even of supporting destitute settlers during the first period of their residence here. This must be particularly explained, in order that those benevolent and excellent Societies, the Colonial Committee and others, may fully understand the extent of responsibility which in the first instance rests with them. The Association, in proportion to their resolution to act up to the spirit of their prospectus, are anxious that it's [sic] letter should not be incautiously construed; and for this they trust entirely to you, who so well know their intentions and capabilities[.] It is of great importance that in your Communications with extensive proprietors, who shall be desirous of providing for the surplus population of their estates, you should accurately explain what class of settlers are most likely to be benefited by the change, and come most legitimately within the objects and the powers of this Association. You will from time to time be furnished with copies of the Registrations of the Association, together with all practical information connected with the objects of your mission; and in return you will

ISee Emigration and colonization ... by Thomas Rolph, London, 1844, p. 91. "Whilst at Montreal, and previous to my departure, I received my official instructions from the Vice Chancellor of the province, the President of The Canada Emigration Association, from which I give the following short extract". The extract is the first paragraph of the above document.

1840

ARTHUR PAPERS

207

be pleased to transmit to the Association as frequently as may be convenient, all such information as shall appear to be useful or interesting[.] ' The Association repeat to you their entire confidence in your zeal, ability and integrity of purpose[Endorsed in Arthur's handwriting: "Copy of Instructions given to Dr Rolph".] [1598]

Dec.14

R. I. RoU'Ill TO Sm C. R.

O'DONNELL:

L. 3p.

Commissariat Canada, Montreal. [Marked "D4357."] In acknowledging the receipt of your letter dated the 11th. instant, communicating to me the observations of His Excellency Major General Sir George Arthur on my report of the 6th. November, I must disclaim all intention of offence, and express the respect I entertain for His Excellency's distinguished station, and character, which is encreased by a grateful recollection of past associations.My only object is the protection of the public property which I am never disposed to separate from the comfort and rights of the soldier.I endeavoured to bring before The Commander of the Forces the points in the District General Order, which seemed to interfere with the existing Contracts, to which the attention of the Board is directed by the regulations quoted, or where it seemed not sufficiently to define the course to be pursued by the Commissariat Officer; and I am much distressed that this intention has conveyed an unpleasant impression, from which, I trust, The Major General will exonerate me.I hope there is no occasion to apprehend any collusion with a Contractor to which the report alludes.- We stand with a clear reputation, and are anxious to secure its best privilege, that which exempts us, except on just grounds, from suspicion.To place it however beyond a doubt I am willing that no purchase should be made, or received into the Magazine, except on a Military Board of Survey, so that the Troops may approve or reject, all supplies intended for their use, and have full cognoscence [sic] of their quality. If their judgment is to be final, it is better that it should be taken in the first instance, than to incur the risk of a subsequent loss.- They cannot fail to be satisfied with what their own judgment has approved. An accident in baking will sometimes occur; but the fact is, we have little control over the baker. We supply the Hour, but we have no certainty that he uses it exclusively, or that he does not adulterate it. If we can ascertain facts, we must bring them legally against him to obtain conviction.- In the West Indies a small Government Bakery is attached to each Post and then the surveillance is complete. But the complaints here are very rare, and the Hour so cheap that no extraneous mixture occurs.- Sometimes there may be a small proportion of Potatoes, but not so much in the bread issued to the Troops, as in the superfine bread which is purchased.I shall instruct the Commissariat Officer to warn the Contract baker of the danger of such practices, and to take legal steps against him, whenever proof or sufficient evidence can be obtained.-

208

TORONTO PUBLIC LIBRARIES

1840

In the meanwhile I must express my regret at the dissatisfaction at Toronto, as no other complaint has reached me from any other Post.(True copy of a copy) F. E. Knowles DCC:

(1599] Dec.15

G. M.

ARMSTRONG TO ARTIIUR:

A . L.S.

4p.

Port Dalhousie. I should have written to you long before this, but knowing that your time is very much occupied I did not like to trouble you, but upon again thinking it over, I thought that perhaps if I did not write I might appear neglectful to you, which would be much worse; and I have therefore determined upon writing at once. You will be pleased to hear that hitherto I have been received very kindly by the people of Louth, many of whom were delighted to see one who would be enabled to conduct them in their services to God, and they seem anxious as far as they know to do what is right. We are desirous of building an Episcapal [sic] Church in the township as we have not yet one; and we have had one or two meetings about it, which have been very satisfactory except that we cannot agree about its situation-as two places are offered; one upon the glebe land, and another in a small but promising village in the township called St Mary's or Jordan. The former situation is most central, but I think the latter more advantageous, on account of the village, also there is a stone quarry near from which the stone may be taken free of expense for building the church, and besides this the money can be more easily raised for building it there. Unfortunately however most of the Episcopalians live in the other corner of the township from that in which Jordan is; and Jordan is about two miles from the centre of Louth: but we are to meet again on Monday and I hope we shall be able to settle it as far as we can to the satisfaction of all. I have two services on the Sunday at schoolhouses in different parts of the township, and generally, when the weather is at all fine, they are very well attended. I have likewise a lecture to young people,--of whom there are a great many in the township,---every Thursday Afternoon which is likewise well attended. I have received much kindness from Mr. Atkinson the rector of St Catherines, who is an excellent man; he tells me that he already looks upon me as his eldest son; I do not hesitate therefore to go to him for advice on every subject that I have any difficulty about, so that I am particularly happy in being so near him. I have lately received letters from my dear Mother, who is well, and from my other friends in England in answer to letters J wrote upon my arrival in America. In the same parcel I received a letter from my brother who informs me of the birth of his first borna son. I have not yet heard from my Father but expect to do so daily as he was to have written to me upon his arrival at Rio de Janeiro. I might hope, which did not all who I know in Canada earnestly desire it, would perhaps appear a selfish wish, that your stay in Toronto would be prolonged; but I am expecting every day to hear of your departure, which when it does come I hope you will have a safe voyage to England & a happy meeting there with your friends. I now

1840

ARTHUR PAPERS

209

and then indulge myself in a sigh after home, but I cannot wish to return. With my kind regards to Lady Arthur and yourself... your respectful & affect Godson George M. Armstrong. [1600]

Dec.15

[1601]

Dec.16

SYDENHAM ro ARTIIUR:

A.L.S. 3p.

Govt. House, [Montreal.] [Marked "Private".] I have your's [sic] of the 9th. Inst.- I have read Prince's letter, and tho' the expression he uses is certainly very foolish, to say nothing more of it, I do not think that it affords grounds for removing him from the Commission, or taking any serious notice of it- Of course he must be perfectly aware, and therefore need not be reminded of it, that if he shoots an innocent man, or indeed any one, except in self defence, he will be hanged for it- So I am not at all afraid of his doing soIf he has not already been written to, I would suggest that, upon returning him the letter which he asks for, Mr. Harrison should express your belief that the threats of violence of which his correspondent speaks are most likely without serious foundation, and that at all events you feel assured that he will, whilst adopting all prudent precautions against meditated outrage, carefully avoid taking any steps of an illegal and violent character.- My own opinion of Mr. Prince is that he is one of the last men who would, when it came to the point, do anything of the sort· I am very glad to find that nothing final has been done in appointing the Commission of Indemnity, for I am satisfied that the people of the Country cannot be trusted, and that our only chance of getting the claims well sifted will be, to have two out of the three Commissioners, Commissariat Officers or something of that kind, who will keep the third who I believe cannot be a resident in the district, in order. I think that I stated my opinion to Mr. Harrison, but I conclude from what you say, that he must have misunderstood me. There can be no harm now in waiting for the present at least-

J. B. ROBINSON TO [ARTHUR]:

A.L.S. 7p.

Toronto. [Marked "Private".] I am very much obliged by Your Excellency bearing in mind the necessity of the claim on my late brother's [i.e. Peter Robinson] estate being settled without delay-and am extremely sorry that it occasions you any trouble at this moment- I requested Mr Macaulay to say that I should be happy to meet him at the Government House, on Monday; if that should be convenient to Your Excellency, when I will explain how matters then standIn the mean time I wish Your Excellency to understand that the accounts are audited, & the balances declared-; & those balances paid upon all the accounts, except the Clergy Reserve account, which exhibits a balance against my brother of £3275 [footnote here reads "Provl. Cy."]- I have used every exertion to obtain the means of paying this, by the sale of my brother's property; and with the assistance of the trustees, I have succeeded in effecting sales to the amount of £ 1800, but upon credit of course, for it rarely happens

210

TORONTO PUBLIC LIBRARIES

1840

that a sale can be effected on other terms- I am in hopes of being able, within a few days, to find a purchaser for mills which my brother built 20 years ago, at a cost of £ 5000- and which we should be willing now to dispose of for £2500, in. order to be able to close this matter. If I understand Mr. Macaulay correctly, Your Excellency still feels difficulty. about the warrant for the small amount of salary due to my brother-although the money was no sooner drawn than paid over to the Governmnt by the trustee of the Estate, who received it- If Your Excellency would sooner that the same object had been answered in any other way, there can be no objection to cancelling the warrantSince my late brother's death, the trustees have paid to the Governmnt £ 4350-0ut of the proceeds of his estate; and though it is painful to me to see the property acquired by my brother, as the heir of his father, and by his own most active exertions in early life, and long before he had any connection with the public service, swept away by a claim of this nature, I shall rejoice when it is in my power to pay the remainder; for there can be no question whatever, as to the perfect justice of the claim on the part of the Governmnt, nor of the obligations to discharge it- Except so far as the reputation of the public officer is concerned, it matters not whether a balance unaccounted for has occur[r]ed in one way or another- It must, and ought to be made up, as this shall be, with the least possible delay1.assure Your Excellency, if I had money of my own from which I could pay it, I should not lose a moment in so applying it; but with no disposition to be extravagant I have never yet found my income more than sufficient to meet in each year the claims of all kinds upon it- 'When I took my present office, I imagined I could safely rely upon continuing to receive the income which my predecessors had enjoyed; but it seems to be the intention of the Governmnt, so far as Your Excellency has enabled me to judge of them, to take from me £ 400 per annum, to suit the convenience of new arrangements-and this at a time when the expenses of a large family are unavoidably much increased,-when my judicial duties are more than double of those which have been discharged by any of my predecessors, and when I have arrived at an age that would not make it convenient for me to return to the lucrative professional practice which I have relinquishedIf this injustice shall be done to me, it's [sic] effect will be increased by a misfortune which seems certain to happen & which will throw upon me the whole charge of a widowed sister's [i.e. Mrs. Stephen Heward] family, of which I have for many years borne a partNevertheless if God spares my health, I shall struggle through- The Governmnt can at least not deprive me of the consciousness of having served the Country with a zeal & fidelity which deserve other treat• ment- And whatever may be the consequences, I shall never regret that I had not purchased an exemption from them by conduct at variance with my former characterI have thought it to be the more respectful course towards the Governmt, and the most agreeable & proper as regards myself, to forbear intruding with any application, until the arrangements of the Government are made known- They may, & I trust they will, be such as to afford me no just reason for complaint; but Your Excellency I am sure, has not mistaken my silence on these points for an acquiescence in what has been communicated to me, as the possible issue of

1840

ARTHUR PAPERS

211

the public measures in progress- If an occasion arises for it, I shall not fail to bring before the Government considerations, which I ought not at present to suppose that it can become necessary for me to submit to themDec. 16

[1602] Dec. 17

JAMES GoRDON :

[See item 1807.]

LB.5, P· 363-365. Govt. House, Toronto. [Marked "Private".] I think it probable that some reference may be made to you, either now or shortly, respecting the Registrarship of Frontenac, and I wish therefore to explain the matter whilst all the circumstances are fresh on my recollection. More than a year ago Mr Allan. N. McLean (nephew of Mr Justice McLean) solicited to be appointed the successor in that Office to his Grandfather [i.e. Allan McLean] who tendered to resign in his favor. I objected to such an hereditary occupation of the Office, and declined to accept any conditional resignation. After the lapse of some months the Solicitation was renewed, and a singular kind of resignation, without any date, was tendered thro' Mr Tustice McLean-, which, however, was unconditional in terms, although the obvious intention was the succession of the Grandson-, who had been authorized to state that it was unconditional. This movement, altho' conducted with care, having got abroad, other applicants presented themselves; and, at the same time. a claim was put in for the expected vacancy by the Deputy Registrar, Mr Armstrong, the late partner of Mr Cartwright, who, it appeared, had accepted the Deputyship upon some understanding with his Principal, and it became evident to me that, if the Grandson were not forthwith appointed, the resignation would be withdrawn- therefore, I fixed it by the immediate appointment of Mr Stewart [i.e. Charles Stuart], a candidate altogether unconnected with the other applicants. Just as I expected, no sooner was this known, than Mr McLean endeavoured to shew that he had in fact never unconditionally resigned. I have no doubt that he never sincerely intended to resign unless his relative were to succeed him; but I have no less doubt that there were sufficient grounds for the action which I took in the matter. I have. therefore, persisted in the appointment of Mr Stewart. Mr McLean is altogether superannuated, and has so much neglected his duties, that, if it were possible, he should be removed from the other Registrarships which he still holds; and it was at first the impression of the Attorney General that his resi~nation of the one woulrl, in effect, legally make void all; but, on further consideration, Mr Draper altered his opinion in that respect. Originally Mr McLean was appointed Registrar of the "Midland District", & since his appointment the new Districts have been set off, and many attempts have been unsuccessfully made to get him out of these situations, so as to make a Regular Appointment for each District,-but it could not legally be done, or I would have carried it into effect long ago. I have recorded in the Secretary's Office, in our explanatory Memorandum, the circumstances connected with the appointment of Mr Stewart, but I have thought you might find it convenient to be at once informed how the matter stands.

ARTHUR TO SYDENHAM :

212

TORONTO PUBLIC LIBRARIES

1840

I have just addressed an official to you respecting the sum advanced from the Crown Revenue £ 2797-9-7" on account of the Pensions ["ers" is added in a pencil emendment] after the period H. M. Governt. approved of throwing that charge upon the Home Government. If you concur in authorizing the payment from the Military Chest, it will add so much to the Balance of the Crown Fund on the 31st. December. The Commissariat examination of Accounts are [sic} very tedious, and would not in such a case be got over until after the Union. I have, therefore, so placed it before you as to admit of a prompt measure ... P.S. Your letter, dated the 3rd. Inst, upon the subject of the extent of Allotments to be given to Immigrants, and of the 4th. upon the Minute of Council respecting the Investment of the Clergy Reserve Dividends, did not reach me until Sunday the 13th. Inst.- The information I called for I have not yet received, but hope to be in a position to reply by tomorrow's Post. (1603]

Dec.18

(1604]

Dec.19

SYDENHAM TO ARTHUR:

L. 2p.

Government House, Montreal. [Marked "Private".] I have this moment received your's [sic] of the 11th. and 12th. instant, and I lose no time in contradicting the ridiculous report of which you speak, of my intention to visit Toronto before the proclamation of the Union. With a due respect for that interesting spot, I must confess that I have neither the slightest wish or intention of having any thing to say to it till the Spring, and not then, if I can bring my Kingston scheme to bear for meeting Parliament. I wonder how the report got abroad! You shall have the fullest intimation of all my proposed proceedings the moment I can decide on them. As I told you in my last, I doubt whether the Union itself can be proclaimed till the middle or end of January- After that the arrangements to be made prior to issuing the Writs will occupy I should think at least a month, so that the Elections can only take place in February and Parliament need not meet till the end of April or the beginning of May ,at the earliest. Such at least is my view of the case at present, and should circumstances alter it I will at once inform you. So do not give credit to any of those flying reports, but be assured that you will always be the first informed of my plans or of any decision I take. I shall be very much obliged to you to look up the affair of the Kingston Bridge and to see if any thing can be done in it. My attention was called to it by the Chief Engineer, & I thought it might be possible to hire the tolls which, I believe, are let annually, for at least one year. I will attend to what you say of Mr. Tucker. The post is so bad that it becomes indispensable to establish an Estafette as we had last year, & I have written to you officially, requesting you to be good enough to get it done without delay. Probably you will contract with Weller as before. [Srn] R. D. JACKSON TO ARTHUR: A.L.S. 8p. Montreal. [Marked "Private and confidential".] You will receive through the Military Secretary a Copy of a letter from the Commissary General which I hope may prove satisfactory to you, so far as relates to the "animadversions" made by Him upon

1840

ARTHUR PAPERS

213

the District Order, (rendered necessary in my opinion by the occurrences brought to light in the correspondance [sic] resulting from it,) of the 20. October last[.] But I am decidedly of opinion that the terms of the Contracts enter'd into here should assimilate[?], so much as practicable with those at home, and I do not see why they should not do so thor[o]ughly -the course of proceeding, in the event of complaints, is clearly indicated by the 1{egulations, and custom of the Service, and affords protection both to the Soldier, and the Government. An instance in proof of the protection afforded by Boards of Officers, properly const[it]uted, to the Government, lately occurred here- A Regimental board, not constituted exactly as it ought to have been, rejected the Meat which was afterwards inspected and approved of, and re-issued to the Regiment, by a Board of Officers belonging to the Garrison. The great danger to all Parties is from the craving for improvement upon existing regulations, so flattering to human vanity. The Commissary General is really a very good Man, and good public Servant-but He does not "think small beer" of himself- I can assure you that your excellent remarks upon all that has passed will prove of service to Us all. Mr. Routh has been & still is un-well, and it is not improbable that the objectionable passages in his letter might be fairly ascribed to this circumstance- at all events He express'd himself to me in the most proper manner upon the subject.I wish to let this matter rest, with your concurrence, for the present, and take a peep by & bye into the whole of this Contract business. Confidential. We have got into a mess again about our Madawaska Settleme[n]t[.] Our friend Sir J. Harvey wrote hastily for Troops, and these were hastily sent. I regret this much, in the present state of the Questionlst-as it may lead to a renewal of excitement from one end of the Boundary to the other, from Madawaska to Lake Huron2nd-as the Troops station[e]d in the disputed Territory belong to a Regimnt lately from the West Indies very deficient in discipline. 3. that a Civil force would, in my opinion, do the business better; and lastly that We could not, with any prospect of advantage, resent insult to Her Majestys Troops in that Quarter[.] In my opinion We shall not better our position, politically or militarily by this movement and so Sir John Harvey appears to have discover' d-but too late, as the Troops had moved into the Settlement upon his requisition before his re-tractation of it reached Us. Indeed had it reached the Governor General, it would not have ava[i]led, as He express'd himself in favor of the measure. I hope to be in England towards the end of next year-and to have the pleasure of renewing my acquaintance with your Family, and yourself[.] We shall have a little more diplomatic-Billingsgate arising out of various subjects for discussion between the Governments-but no War -I am convinced-for some years-but the time will come, for a sharp struggle, and We ought to prepare against it. The Governor-General bears up pretty well-but I believe He is not on a throne of roses-at least not of thomless roses .. . [Sends respects and regards.]

214 (1605] Dec.19

(1606]

[1607] Dec. 22

TORONTO PUBLIC LIBRARIES [Sm] CHA[RLE]s O'DONNELL TO ARTHUR:

1840

A.L.S.

Montreal. [Marked: "1562".] I have the honor to acknowledge the receipt of Your Excellency's letter of the 4th. instant in reply to mine of the 14th. ultimo on the subject of a Correspondence with Mr. Commissary General Routh respecting supplies furnished to the Troops by Contract. The Commander of the Forces has directed me, in reply, to acquaint Your Excellency, that he has caused a communication to be made [marginal note reads: "Montreal 14th. Deer. 1840"] to the Commissary General with reference to your letter of the 4th. instant; and I have now the honor to transmit you, herewith, Copy of that Officers Answer, which explanation the Lieutenant General trusts will be considered satisfactory by Your Excellency. [Enclosure:]

1840 Dec.14 R. I. RouTH TO C. R. O'DONNELL: L. 3p. Commissariat Canada, Montreal. [Another copy of item 1598.] J.B. ROBINSON m ARTHUR:

A.L.S. 4p.

Toronto. [Marked "Private".] Your Excellency was present, on the 30 July last, at the meeting on Queenston Heights assembled for the purpose of taking measures to re-construct the monument to General Brock; and was sitting near me, when I proposed as Chairman the health of the Governor GeneralYou are not ignorant of the calum[n]y of which that meeting was made the occasion,-a calumny too atrocious almost to be credited by any one, and certainly too contemptible to be noticed under ordinary circumstances- I allude to the statement contained in a slanderous newspaper that I spoke disrespectfully of the Governor General in the few observations with which I prefaced his health- It seems quite absurd to talk of the utter untruth of such a statementconsidering the station which I hold in the Province, the situation which I held at the meeting-and the purpose for which we had metconsidering also that I spoke in the presence of the Lieutenant Governor-and of four or five hundred gentlemen, a great proportion of whom held situations under the Governmnt, civil or militaryI can hardly doubt that Your Excellency, from a regard to the peculiar circumstance of my office has been careful to repel the slander, by contradicting it in the right quarter-and I was not without the expectation that His Excellency the Governor General might desire to afford me the spontaneous assurance that he was entirely convinced of it's [sic] untruth- That has not been done however, and it will be agreeable to me to be in possession of Your Excellency's declaration in respect to the matter to which I allude-It had been proposed to me two or three days before, by those who were making the arrangements for the meeting that I should preside at the dinner, but always glad of an opportunity to decline such a duty, I reminded them that as Your Excellency was to be present at the meeting, and presiding, you would be, no doubt, present also at the refreshment which was to be provided, and that it would most properly fall to Your Excellency to take the Chair- It

1840

ARTHUR PAPERS

215

was not till I went to Queenston, and while I was on the ground, just before the meeting commenced, that I was told Your Excellency did not intend to preside, and that it was desired I should do so- A list of the toasts was at the same time put into my hands, which I had afterwards no leisure to think of, as the business of the meeting was just beginningYour Excellency sat quite near me, on my right hand, and heard the remarks which I made in introducing the Governor General's health- They were correctly reported afterwards, with the proceedings of the day-and I think I need hardly say that as no sentiment disrespectful to the Governor General was in my mind, so not a word of the kind-nor a syllable having in the slightest degree that tendency was uttered by me-no more, I can safely say, than with regard to Your Excellency, whose health I also proposed, and in Your presence-- I feel it to be scarcely consistent with a due respect to myself to write to Your Excellency on such a subject; and I yield rather to what I perceived to be the feelings of my friends than to any idea I have of the necessity of troubling Your Excellency upon it[1608] Dec. 28

J. B. ROBINSON TO ARTHUR :

L. 4p.

Toronto. [Marked "Copy".] I am desirous of obtaining from Your Excellency, before you leave this Government, a statement in writing of the footing upon which I stood, in regard to the Office of Speaker of the Legislative Council, when I was compelled by ill health to be absent for a time from the Province. It is not because there has been the slightest misapprehension on this point on the part of Mr. Justice Jones, who had the kindness to discharge the duty for me in my absence, nor because I have an idea that Your Excellency's understanding of the circumstances can possibly differ in any degree from my own, that I feel it just towards myself to make this reference-- But I desire Your Excellency's declaration, for the purpose of enabling me to shew beyond doubt, and upon the best authority (if it should become necessary) that my connection with the office of Speaker, during my absence on leave, remained precisely as it had done in the case of former Chief Justices of the Province who have been absent under similar circumstances-that I neither resigned the office nor had any thought of doing so, nor was understood by Your Excellency to have done so; although my absence rendered a temporary appointment necessary, such as has frequently occurred from the same cause in other Colonies, as well as in this. If it had been intimated to me at the time, as a probable consequence of my absence on leave, that the appointment of another to discharge the duty would, contrary to former precedent, be held to be a permanent appointment, and that I should be regarded as having relinquished or vacated the office, I think Your Excellency will have little or no doubt in Your mind that, whatever might have happened, I would have declined to accept of leave, if it must be accompanied with that unusual condition- Independently of the consideration that the loss of a large portion of the public income of an officer who has that alone to look to, would be such an inconvenience as he might be unable to encounter, I should have been restrained by other reasons, from placing myself in such a position- After having for more than

216

TORONTO PUBLIC LIBRARIES

1840

nine years, discharged the duty of Speaker, without having been absent from any case for a day, or an hour, while the House was sitting, and discharged it with a laborious attention, which the Legislative Council had, on more than one occasion, unanimously acknowledged, I would have submitted to the chance of any consequence, rather than have acquiesced in a condition, which I must have considered as harsh and unjust, as it would have been unusual. [160~]

[D. M. ARMSTRONG]: Apparently in Macaulay's handwriting.

Dec. 24

[Place not stated.] Extract from the address of D. M. Armstrong to the Electors of the County of Berthier upon his being waited upon by delegates with a request that he would come forward for that County-dated 24 December 1840"Bom and brought up amongst you I partake of the same habits as yourselves and feel the same wants- I have also felt with you, the weight of oppression, and no one has more sincerely wished to see it removed than I haveUnder present circumstances, it is necessary that I should express my opinion on the question which must come before the United Parliament; and I shall not hesitate to do so on this occasion; at all times my chief object will be, the welfare of my fellow citizens· I disapprove of the Union because it is forced, an unjust and partial engagement, which honor and interest forbid us to subscribe to. Can any thing be more tyrannical than to deprive 700,000 souls of their just share in the representation, and to force them to legislate in a language which they do not understand, and besides burthen them with an enormous debt contracted by another Country? I shall likewise support the repeal in whole or in part of the obscure and calamitous legislation of the Special Council- The feudal tenure, under which we have so long suffered, will also be among the things which will require reform; on which my opinions are well known to you-" [On the same sheet appears item 1632.]

[1610] Dec: 26

ARTHUR TO SYDENHAM: LB.5, p. 365--366. Government House, Toronto. [Marked "Private."] I regret so many days have elapsed without having answered your official respecting the 50 acre Allotments in our new Settlement; but I have considered it of great importance that no change should be made in the present scheme, if it can possibly be avoided. It has been printed and published throughout the Province, and it is universally known that this provision for Emigrants, even if it did not wholly originate with yourself, was decided upon with your entire approbation. Down to the present day, it is the received opinion, and one that unquestionably, carries with it a general influence, whilst it affords particular satisfaction to a certain portion of the Responsible Government Party, that none of your measures will be reversed from Home; and I should regret exceedingly if this impression were removed at the present time. Under this conviction, I regard it as a duty to fortify you with all the arguments I can supply, should you feel it proper not to cancel the measure without further reference to the Secretary of State. To this end I have extended my enquiries, and looked into the

1840

217

ARTHUR PA.PERS

subject thoroughly; and, at length, have been able to express myself upon it with a settled conviction that the Allotments-so far as every interest in this Country is concerned-ought not to be less than Fifty Acres. But I will not add to my lengthened official communication, forwarded by this Post, by enlarging further upon the matter. By the American Papers, I perceive Sir John Harvey has been making some augmentation to the Force in the Disputed Territory.Why not have recourse to the Civil Power? At all events, I earnestly hope, whilst the negotiation is in progress nothing will be done that we can reasonably be expected to undo, or to open out a fresh theme for delay by discussion. altho', having such a fine Army in Canada, this is, no doubt, the period for insisting upon bringing the question to an issue;- but, to mind my own business, I must add that I shall, with the least possible delay, set the estafette in motion;-and have quietly instituted enquiry respecting the Bridge at Kingston. [1611] Dec. 28

[1612] Dec.29

ARTHUR TO CHIEF JUSTICE [J.B.] ROBINSON :

LB.4, P· 72-73.

Government House, [Toronto.] I have received your letter of the 23rd. Inst, in which you express the desire to be informed by me, before I leave this Government, "of the footing upon which you stood, in regard to the Office of Speaker of the Legislative Council, when you were compelled by ill health to be absent for a time from the Province"- In other words, as I collect from subsequent observations in your letter, your desire is that I should state under what circumstances, touching your retention of the office in question, leave of absence was granted to you. Although I found, on enquiry, that it was not in my power to appoint a Deputy Speaker; and that any appointment made during your absence must be an absolute one, even though its duration were limited to a single session, yet I can have no hesitation in recording that Mr Justice Jones was appointed to fill the Office upon the distinct understanding that he was to resign it upon your return to Upper Canada, in order to make way for your being reinstated in a situation which you had filled for many years, in a manner so entirely to the satisfaction of the Provincial Government. and the Legislative Council. I never for a moment supposed you had resigned, or considered you meant to relinquish the office of Speaker; on the contrary, I certainly led you to believe, what, on my part, was sincerely intended, that you should be reinstated therein, on your return from England. Previously however, to that event, the Union of the two Provinces had been decided upon; and another Meeting of the Legislature of Upper Canada had, consequently, become so highly improbable, that the Governor General, whose attention had been incidently drawn to the subject of your reappointment to the Speakership of the Legislative Council, considered that measure highly inexpedient, under the alteration, which was on the eve of taking place in the political condition of the country; and His Excellency accordingly requested me to abstain from making such an appointment.

ARTHUR TO SIR R. D. JACKSON: LB.5, p. 371-374. Government House, Toronto. [Marked "Priv & ConfL"] I am much obliged to you indeed for your private & Confidential of the 19th December.

218

TORONTO PUBLIC LIBRARIES

1840

With regard to the Commissary General, having read his letter I desire to think no more of the matter: if you are satisfied, I am so abundantly. Mr Routh is, I have no doubt, a good officer, and if he would only confine himself within the region of Provender & Cash, would be quite admirable; but he is a little too much disposed to come commander of the Forces over us, and, on that eminence, to meddle with some things which he cannot know much about. Was ever anything so preposterous as his notion of setting up two or three Civilians to be judges in a matter of such infinite importance to the Army as the wholesome quality of the soldiers rations! A matter not only of protection in which the soldier may confidently look to his officers, but of discipline interwoven with the interior economy of every Regiment in the Service, and for which, from the Major General downwards, all are responsible. I regret, indeed, that you should have had any trouble in this matter; but, generally, I hope I have succeeded in stopping every disagreeable [sic) in the outset; and of supporting, what has been my undeviating aim, a spirit of harmony in all the Corps and Departments, which I am sure is most conducive to the good of the Service, and to good feeling in the Profession. It is remarkable how nearly our views have coincided upon the Madawaska affair; in a private note to the Governor General a few days ago I made the following observation. "By the American Papers I perceive Sir John Harvey has been making some augmentation to the Force in the disputed Territory; why not have recourse to the Civil Power? At all events I earnestly hope, whilst the negotiation is in progress, nothing will be done that we can reasonably be expected to undo, or to open out a fresh Theme for delay by discussion; altho, having such a fine army in Canada, this is, no doubt, the period for insisting upon bringing the question to an issue." This is much in accordance with your notion but I hope no serious evil will come of what has been done, though I really expect it will create a good deal of excitement & thereby tend to retard the adjustment of the "Maine" question, and perhaps occasion us some expence. There is no relying upon our relations with the Americans for a month together-if the People will have it so, the Government may at any time be forced into hostilities, however little disposed to such a measure. You will have laid before you Colonel Wetherall's lamentations about the want of washing Tubs, to which he and his medical officers refer the ophthalmic cases. The disgusting resort of the men to other utensils is much to be regretted, and the Ordnance have certainly sadly neglected to supply articles so essential to cleanliness; but, nevertheless, it is rather fanciful I think, to refer the prevalence of Ophthalmia to this cause. The 73rd. Regt had that disease whilst in London, and it is well known that it long prevails in Barracks where it has once made it's [sic] appearance. I have proposed to Doctor Short[t], Asst Inspector, that the Barracks and Hospital should be frequently whitewashed, if the Medical Officers do not object to that process during the winter months. In Egypt, I remember, we found it the most effectual way of destroying the seeds of contagion. There are only fifteen cases in the Royals whilst, in one wing of the 34th Regt at Toronto; there are six cases, and these are not supposed to have originated from the Want of Washing Tubs. There must be, it strikes me, some misapprehension in Colonel

1840

ARTHUR PAPERS

219

Gore's letter about the reestablishment of estafette between Kingston & Montreal of the same description with that which existed last winter, and that "the Provincial Cavalry of Upper Canada placed between Kingston & Montreal, as on the last occasion, may be again ordered for this Service." We had then employed-1st. Frontenac Troop-Brockville Dragoons -Cornwall Lancers-; and, being previously embodied, it occasioned very little additional expense to place them on express duty. But these Troops were all disbanded in April last and to call them out for three months, with clothing, subsistence, pay &c, would involve such an expense as would utterly deprive Sir Charles ODonnell of rest during the whole period. It may be, however, that the Governor General has other reasons for wishing to call out these Troops, in which case I shall sincerely regret the delay. I have written to Lord Sydenham fully upon the subject in reply to his letter to me. 11613) Dec. 29

ARTHUR TO SYDENHAM:

LB.5, P· 366-368.

Government House, Toronto. On the receipt of your official communication of the 19th. Inst requesting me to take steps to establish an estafette of the same description, and on similar terms with that which existed last year for the conveyance of Despatches between Toronto and Kingston, I lost no time in directing the Asst Qr Master General to ascertain from Mr Weller, if he would again undertake the Contract. Mr. Weller, who arrived from Cobourg yesterday, states his loss by the last Contract to have been so great that he cannot possibly again engage with Government on the same terms. His Contract last year from Toronto to Kingston was £5 per diem; he now offers to undertake it for £ 7.10. These terms, however, I expected to have reduced on intimating my intention of calling for Tenders-but, whilst considering this subject, a letter was laid before me from the Deputy Quart: Master General (Colonel Gore) informing me that your Lordship had requested the Commander of the Forces to direct the establishment of Estafette of the same description with that which existed last winter for the conveyance of Despatches from Montreal to Kingston, and intimating His Excellency's desire that the Troops of the Provincial Cavalry of Upper Canada placed between Kingston and Montreal, as on the last occasion, may again be ordered for this Service. This intimation has thrown me into some perplexity, and I have thought it better to defer answering your official until the matter be more fully placed before you. During the last year, three Troops of Provincial Cavalry were employed on this duty between Kingston and Montreal, which had been previously embodied for general service, and, therefore, the additional Expense of placing them on Express Duty was comparatively trifling, but these Troops have, since April last, been disbanded, and to call them out again, or even such a portion of them as would be absolutely required, would be attended with some difficulty, and great expense. The clothing &c would be a serious item of charge, and daily pay, subsistence, and Horse Allowance, would amount to so large a sum that I should not feel justified in incurring it until the question is free from all misapprehension.

220

TORONTO PUBLIC LIBRARIES

1840

Having seen Mr Weller, and desired the Asst Quarter Master General to confer with him, I have hastily prepared a Memorandum which I hope will make the matter clear for your consideration, and, as Mr Weller has business of his own that calls him immediately to Montreal, he will be the bearer of this letter, and proceeding Express, will wait upon Mr Murdoch, for the purpose of affording further explanation, on Friday morning. I think he ought to lower his terms very much. As soon as I am in possession of your decision, I will carry it into effect with the least possible delay. [Enclosure:]

[1614]

[1840]

[Dec. 29]

ARTHUR:

M. LB.5, P· 297-298.

£25 5 1-5 31-5 per diem for 90 days that is to the 31st. March inclusive £2812.10

£ 5-

5-

9-13

1- 5

20-18 for 90 days as above £1881-0-0

£250 250 £500

[Toronto.] Memorandum 1st. Calling out the Cavalry. The expence of Estafette by this Force from Montreal to Kingston could not, at a rough estimate, be taken at less than £ 25 per diem.- Mr Weller would convey it by Contract from thence to Cobourg for £ 5 per diem-from whence it might be conveyed to Toronto by Major Magrath's Troop which would only involve the difference when on express duty of £1-5. Total £31-5- independent of clothing. 2. Mr Weller would contract to convey Despatches daily from Cobourg to Kingston for £ 5. and from Kingston to Prescott for £5, and he would undertake, if necessary, himself to convey them from thence to Montreal ( tho' he thinks persons at Montreal might be found to contract on better terms), at the same rate according to distance which would amount to £9.13. In this case also Major Magrath's Troop would be required on express from Toronto to Cobourg-£ 1.5. 3. Mr Weller, who is the Contractor, undertakes to effect an arrangement between Toronto and Kingston from 1st. January to the 31st. March next so as to save twenty four hours between Toronto and Montreal for an additional sum of £250(.] The Mail now leaves Toronto in the afternoon and arrives in the afternoon ( employing 46 hours) at Kingston. Mr Weller proposes to cause the Mail to arrive at Kingston in the Morning, say about 7, instead of the afternoon, so that it may proceed with the Mail leaving that place in the early part

1840

221

ARTHUR PAPERS

of the day, instead of, as at present, stopping 15 hours there. It is presumed that, for a less sum, the Mail may be so dispatched from Kingston to Montreal as to save some hours-but even taking the same rate for less saving of time, it would of the three plans be by far the least expensive[.] [1840]

[1615]

[Dec. 29] [ARnroR]:

Df.M.

[Toronto.] [Draft of item 1614, without the penultimate paragraph.] [1616] [1840]

[WRITER AND RECIPIENT NOT STATED]:

[c. Dec. 29]

[1617]

Dec. 29

M.2p.

[Toronto.] [A document containing the penultimate paragraph, and the substance of the ante-penultimate paragraph, of item 1614. Endorsed, in Arthur's handwriting: "Mr Porteous- Post Office Surveyor".]

J. B. ROBINSON TO ARTIIUR:

A.L.S.

5p.

Toronto. I forgot to mention to Your Excellency, when I saw you last, that I was quite correct in my former statement that Mr. Boulton, the administrator of my late brother's [i.e. Peter Robinson] estate, had paid over the proceeds of the two warrants issued to him, for balances due to my brother- The same day that he received the money from the Receiver General, he paid it over to Mr. Sullivan as Commissioner, for the Clergy Reserves, on account of the balance standing against my brother on the Clergy Reserve account; and he took Mr. Sullivan's receipt, but did not send it to the Inspector General, not being aware that it was necessary to do so-The £ 4340 standing in the Bank in the name of Messrs. Allan & Proudfoot was paid over many weeks ago, as I have already stated, and the receipts lodged with the Inspector General, on the 30 October last, long before the two warrants were issued by Your ExcellencyAnd I have now the satisfaction of adding that the remaining balance, being £3274 was paid up last week to Mr. Sullivan, and his receipt given to the Inspector General, so that there now remains no balance against my brother on any account whatever. There is still unsettled, however, the detached matters of account respecting the settlement of Ops, and the Peterborough Mills, which, through the agency of Mr. Bethune, were unnecessarily, and inconveniently blended,-together, and have remained open, in consequence of a misunderstanding between Mr. Bethune & Mr Mc.DonellYour Excellency once spoke to me of these; and I have lately used the first leisure I have had, since the opportunity was afforded to me of examining the accounts, and correspondence, to sift this business to the bottom: and I have done so- It is pedectly clear; so far as the account between the Government and my brother is concerned;

222

TORONTO PUBLIC LIBRARIES

1840

and I will put the papers into the Inspector General's hands tomorrowThe result of the examination shews that there is a balance of £ 108 due to my late brother, for monies advanced by him on the Ops' Settlement account, after giving credit for all monies received by him, and his agents on account of the Peterboro' MillsIt will be a relief to Your Excellency, to know that this business is at length closed and to enable me to report it closed, I have rendered myself responsible for the amount, which the Bank has advanced, and I must make sale of some part of my brother's property to relieve me from the liability- This I believe I shall be able to doWhen I say dosed, I mean that all the accounts are finally audited, and the balances paid in full- Until after this final audit, the letters, accounts and papers relating to the several transactions were under the examination of Mr. Ridout and Turquand, and I have only lately had an opportunity of looking into them myself, which, though little versed in such matters I was anxious to do, in order that I might, if possible, satisfy myself fully upon any points which have been in doubt- My searches so far have been confined to the open account of the Ops settlement, and to one item of large amount, on which I thought I had discovered reason to doubt whether a credit had not been erroneously given to my brother- I have communicated with Mr. Ridout, and the Inspector General upon it; and am in hopes that further explanations from the Montreal Bank may make the matter certain. At present my impression, on further examination is that the report of Messrs. Ridout & Turquand is correct, and that the sum I refer to was never paid to the Montreal Bank by Mr. Sheriff, and was never received by my brother-but if I arrive, at last, at a contrary conclusion, I shall of course apprise the Government of it[1618] Dec. 30

[1619] Dec. 31

NoRMANBY TO ARTHUR:

A.L.S. 2p.

Brighton. This letter will be delivered to you by The Revd. W. Adamson who was one of my Chaplains in Ireland; He has lately been appointed to the Rectory of Amherst Island and is therefore proceeding to Canada; he is a very deserving person and I beg to introduce him to your notice and protection[.]

ARTHUR TO CHIEF JusncE [J. B.] ROBINSON:

LB.3, p. 131-133.

Govt. House, Toronto. [Marked "Private".] I regret that yr. letter marked "private" of the 22nd inst. shd. have remained unanswered for so many days; but I have had some pressing business on my hands for the last fortnight wh. has quite monopolized my time. Your letter refers to a paragraph in the Papers respecting the manner of yr. proposing the health of the Govr. Genl. in wh. it was stated that your observations were disrespectful towards His Ex.- I read the paragraph in question not only with regret knowing it to be untrue, but with much disgust because I thought as there ed. have been no possibility of misapprehension in what you did say that so great a perversion of the truth must have been intentional. It was not long after the meeting at Queenston that I had the pleasure of seeing

1840

ARTHUR PAPERS

223

Lord Sydenham at Drummondville; and I took the earliest opportunity of explaining to him that the Statemt. wh. had appeared was a very gross misrepresentation & having been present on the occasion alluded to that I ed. distinctly say his health had been proposed with the greatest possible courtesy; & that it was introduced without the expression of an idea that ed. be tortured into disrespect in it's [sic] remotest tendency. Of course the Govr. Genl. ed. not doubt my personal testimony; but I must say, beyond his assurance to me to that effect, wh. I think I mentioned to you, it was scarcely to be expected that he shd. further notice the matter. I will not conclude this Letter without availing myself of the opportunity it affords me of adding that I am very confident you are incapable of acting intentionally in a way unbecomg. of yr. high situation on any occasion public or private; & that I believe few men placed in so elevated a Position, in a Community so very agitated by Political feeling ed. have sustained for many years, amongst all classes so high a character for ability, industry, & purity of purpose & with a devotion for the best interests of yr. native country-wh., however much persons may conscientiously differ from you on political points ought at least to warm the Heart of every man towards you who truly regards Canada as his home. (1620)

Dec. 31

A. B.

HAWKE

TO

s. B. HARRISON:

Emigrant Offi.ce, Toronto.

A.L.S. 4p.

I have the honor to acknowledge the receipt of your letter of the 10th. Inst:, requesting me to ascertain the circumstances of a Mrs. W . P. Smith, whose husband is said to have held the situation of Ornithologist under the Government of Michigan, and as I have collected some additional particulars since I wrote to you on the 12th. Inst:, I shall state all the information which I obtained, at my different interviews with Mrs. W. P. Smith, in my present communication. I found Mrs. Smith living in a small room at No. 14-Market Street[;) she appeared to be in very indigent circumstances, and said she was obliged to take in washing to enable her to support herself and family.- As there was a draft on the Bank of Upper Canada, lying at the Crown Lands Office in favor of a Mrs. Smith, I desired her to produce letters from her husband, in order to satisfy me, that she was the person for whom the money was intended- She gave me several letters for perusal-I desired her to point out the passage, in which the £ 5- alluded to was mentioned, but she excused herself by saying, that she could not read.- I was therefore obliged to peruse several of Mrs Smiths letters-until I found the one which contained the matter I was in search of. She called at my office, and got the order on the Bank on the 11th. Inst: I feel it my duty to bring a passage in Mr. W. P. Smith's letter of the 29th. Octr. 1839, under your notice.- I am assured by a gentleman who knew him, that he is a man of bad character, and the passage alluded to convinces me, that he is totally undeserving of the consideration he has received.I asked Mrs. Smith if her husband had ever filled any situation under the Government of Michigan. She said he never had to her knowledge, but she afterwards stated, that she believed he was employed, by Mr. Mason-the Governor of that State, to collect Birds-

224

TORONTO PUBLIC LIBRARIES

1840

at 100 dollars per month-and she accounted for her destitute condition by saying, that her husband had made advances, in money to Malitia [sic] men, belonging to Col: Princes regiment, which the Government had refused to repay- I read a part of the letter dated August 24 1840-signed-"Catherine Smith" to her, & she said that not being able to write, she got a person to write that letter for her, and that she had been married to Mr Smith nearly ten years.I also called on a Mr Costello, who stated that he had served in the 66th. regiment with Mr Smith-that while in the regiment he bore a good character, but that he knows nothing of his proceedings after he left the service, until he took a room for his family in his neighborhood.[The above is filed with item 1580.] [Enclosure:] [1621]

1840 Oct. 29 W. P. SMITII TO M1ss1s W. P. SMITH: 3p. London, 10 King Street, Wetminster. [Marked "Copy".] I write you these few lines hoping to find you and my little Augustis in good health, I hope he is a fine boy, I expect by this time that you have recovered your sickness, and that the little fellow is well, indeed I am anything but settled in my mind, and as to mention anything to you at present it is impossible- I sent you a letter on the 3rd. Instant with ten pound enclosed in it, I hope you have received it long ere this, take good care of your little money, for I cannot place dependence in Lord John Russel[!], he has treated me in a most inhuman manner, and I am to write to him on tomorrow- if I can get an appointment from the Government I will, but I would prefer living under the American people if I could do so. London is a poor place-nothing doing and in fact many persons is immersed in the debt of poverty- there is thousands here would wish to be in America and cannot raise funds to go there- Should you receive this you will write to me- State all particulars, it matters not send your letter even should I be able to join yous, I am very uneasy about little Augustis, If I once get along side of him again It will be some time before I will part with yous- give my best respects to Mr. & Missis Costellow. I beg you will not go out and leave little Augustis in the room behind you[;] contribute to his comforts if possible and treat him kindly. Give my best wishes to Mrs B xxxx [these marks possibly indicate illegible letters in the original] also to Mr. Fothergill. I would wright x x x x x [pencil interpolation reads : "before"] this, but I was not certain whether xxxxx ble [pencil interpolation reads : "I should be able"] to join yous or not-in my xxxxx [pencil interpolation reads: "next letter"] you will know, that is to say xxxx [pencil interpolation reads : "whether"] I will go out or not, or whether I xxxxx [pencil interpolation reads : "intend"] to send for yous, I am certain I can xxxx [pencil interpolation reads : "make"] as good and a better living here thxx [pencil interpolation reads: "than"] I could in America, but the object xxxxxxx [pencil interpolation

1840

ARTHUR PAPERS

225

reads: "(objec)ts dear to"] me are at present seperated- My xxxx [pencil interpolation reads : "best"] wishes attend yous, and kiss my dear Augustis for me . .. [P.S.] I beg you will not make yourself any way uneasy about me, I am in hopes after all to make good my losses[.] [Endorsed: "address on outside Care of Charles Fothergill Esquire via British Queen Missis Wm. P. Smith Toronto Upper Canada North America".] [The above is filed with item 1580.) [1622) Dec. 31

FRED[ERICK] WIDDER:

D.S. 2p.

Canada Company's Office, Toronto. [Marked: "Copy".] Analysis of the Returns sent to the Court of Directors of the Canada Company, shewing the Average state of the Settlers upon the Company's Land in the Thirty Eight Townships herein mentioned, on their arrival in Canada, and their actual condition in 1840 . . . [A manuscript copy of the somewhat detailed analysis which, with slight alterations, is printed in A statement of the satisfactory results which have attended emigration to Upper Canada, from the establishment of the Canada Company, until the present period . . . London. 1841.)

[1623] [1841?]1

[ARTHUR] TO [RECIPIENT NOT STATED]: handwriting. lOp.

Df. L. in John Macaulay's

[Place not stated.]

In requesting Your Lordship's attention to the Indian Department, I would particularly advert to the anomalous and unsatisfactory mode in which its pecuniary affairs are managed as well as to the material change which time and circumstances have operated on its character and objectsWhen the Department was first instituted, at a period antecedent, I believe, to the revolt of the thirteen Colonies, many populous and warlike tribes of Indians were spread over the whole inland frontier, as it then existed, of the possessions of the British Crown on this Continent: and while some of them (for instance, the Mohawks and the nations in league with them) were generally friendly to the British Government, there were other fierce and powerful tribes which adhered closely to the cause of the French, who, at that time occupied a line of forts from the Gulf of Saint Lawrence by the great vallies [sic] of the Rivers S Lawrence Ohio and Mississippi to the Gulf of Mexico, and ambitiously sought to circumscribe the dominion of their great rivals. In such a state of things it naturally became a point of the greatest importance to each Power to conciliate the warriors of the woods, and hence arose the custom of annually making presents to the several tribes of blankets, fusils, ammunition, tobacco and other acceptable articles. I believe that during many years very large sums were voted for this Purpose by the British Parliament, & that the present annual appropriation is comparatively trilling- These sums were expended in providing the articles intended as presents, and in maintaining an Indian Department by which the presents were to be distributed, according to orders of the superior authorities in America[.] The Department thus was from the beginning essentially a Military Department, receiving the presents from Military Sources, and distributing them in obedience to military commands- Moreover, it was a part of the policy of Government that the officers of that Department should acquire personal influence over the savages, and lead their bands against the enemy- In this way the Connection which now exists between the Indian and Commissariat Departments was originally formed and a military character given to the formerOn the settlement of the U E Loyalists, and other refugees in Canada after the termination of the unsuccessful contest with the insurgent Colonies, the Government setting apart certain tracts for the accommodation of the Indians, purchased from the Tribes inhabiting this Province at different times various parcels of territory, which the Indians consented to cede, so far as their title went, in

1 This document is arbitrarily dated. It was written after January, 1840, when the report on the Indian Department was prepared by the Commission appointed to inquire into and investigate the several departments of the public service. Paper watermarked 1840 was not used in the government offices much before 1841.

1841

ARTHUR PAPERS

227

consideration of certain annual payments of small amount which were to be made to them from the casual & territorial revenue of the Crown- Thus, a new aspect was given to the condition of the native tribes, and to the relations of the Indian Department to them as well as to the GovernmentSince that period, other changes have been in progress- While the Indian population, scattered over the Continent was subject to a rapid declension in numbers, that portion of the aborigines which dwelt within the limits of the Provinces, found themselves precluded from their former warlike pursuits, and such of them as could be turned from their old modes of sustaining a wretched existence by the produce of their skill & fortune in fishing & hunting, betook themselves to the partial tillage of their reserved landsIn the course of time, those reserves, provided for them by the considerate foresight & humanity of the Government, increased in value, and the soil, as well as the timber became marketable, and objects of desire by husbandmen, and by the dealers in wood, as an article of export- Both have been disposed of to some extent, with the sanction of the Government, for the benefit of the several tribes, and funds have thus been accumulated which require the particular care & prudent management of the Indian DepartmentBesides this, there are Missions and Schools, established in several of the Indian hamlets, which demand the aid and supervision of the same DepartmentIt will thus be seen that the duties to be discharged at the present day by the Department differ in character materially from those which originally engrossed its attention, and if, happily, its officers are not now likely to be called in to summon the young men of the tribes around them, & lead them to battle, they have a most important and interesting duty to perform in watching over the rural and social advances of the remnants of savage pagan tribes, once numerous & powerful, and in husbanding in the new capacity of Agents & Trustees, the growing funds produced by the sale of their reserved lands & timber- Such duties, having in view to reclaim and elevate savage natures, are clearly and essentially civil in their character, and appear unfit to be imposed on any Military Department. They have, at this period, immeasurably the precedence of the early warlike objects of the Indian Department and show that instead of its being consonant to good policy, with reference either to the interest of the Government or of the Indians themselves, to abolish the Department, & transfer its business to the Commissariat, as I understand some persons have proposed, the true, & obviously the most beneficial course is at once to cut off the existing connection between it, and the Commissariat & to elevate it into one of the leading Civil branches of the Colonial ServiceTo effect this object the first measure which seems necessary is the transfer to the Provincial Receiver General, of the annual grant of the Imperial Parliament (hitherto in the hands of the Commissariat) to be applied to its proper purposes by the Chief Superintendent of Indian Affairs; and the next is to determine upon a suitable mode and system of accounting for the application of all moneys by the Indian Department[.] I am not aware that any difficulty of importance could arise in carrying out my first suggestion[.]

228

TORONTO PUBLIC LIBRARIES

1841

If it should be held essential that no modification in the mode of dismbuting presents or in the description of them was advisable, or if it should be supposed that the purchases in England might be effected more economically and beneficially by the Commissariat, than by means of any other agency, there is nothing to prevent them from continuing to act to that extent on behalf of the Indian Department. The purchases might be made by them in the present manner, and on the arrival of the packages in Canada, they might be turned over to the Indian Department to be applied according to instructions, with the Invoices, and bills of charges, and be paid for by the issue of a covering warrant on the Receiver General[.] I am not however prepared to admit that the Commissariat Department has superior means of making advantageous purchases[.] With regard to my second suggestion I need scarcely dwell upon the singular practice which I have found to be pursued with respect to the Warrants upon the Commissariat, which the Chief Superintendent applies for on behalf of the Indians, and which the Governor is expected to sign, without a previous reference for entry by any Civil Inspector or Auditor, as in the case of Warrants on the Receiver General of the Province. I have from the commencement of my administration entertained a great repugnance to this course of proceeding which, however, as it had been long followed, I have felt myself under a necessity of concurring in, until a remedy for its irregularity could be conveniently devisedTo correct the evil in the most effectual manner, it would be requisite to place the Imperial Grant in the hands of the Provincial Government, to be applied and accounted for in the same manner as other moneys, subject to the usual control and direction of the Lords Commissioners of the Treasury[.] The remedy which I am about adopting is but a partial one, yet it will be to a certain extent useful. I have required the Chief Superintendent to furnish the Inspector General with all necessary information relative to the funds, applicable to Indian uses, and then to obtain his counter-signature to all warrants before submitting them for my sanctionThis, as I have said, will be in some measure satisfactory, but nothing can be thoroughly and entirely so, except a complete reorganization of Indian affairs upon the principles indicated in the course of the foregoing comments to which I conclude by inviting the early application of a few moments of Your Lordship's leisure[.] [Endorsed in Arthur's handwriting: "Draft of a Letter on the Indian Depart."]. [Paper watermarked 1840.] [1624] Tan.1

SYDENHAM TO ARnroR: A.L.S. 3p. Govt. House, [Montreal.] [Marked: "Private".] I have received this morning your's [sic] of the 26th. Ulto and thank you very much for the trouble you have taken about the 50 Acres Lots. The authority of your opinion, and the different statements contained in the papers you send me, especially Harrison's, where practical experience is worth fifty theories by others, are very valuable, and will produce an excellent effect in England with the

1841

ARTHUR PAPERS

229

Public. Of course, I am under no apprehension that our plan should be intedered with by the Colonial Office who leave these matters en dernier ressort to me; but I had not the information necessary to show that it could be accomplished by 50 Acres, but not by 25 or 30, which is what is now most clearly and satisfactorily established. The proposition about 5 Acre Lots instead, arises evidently from a misconception of the scheme, and from it's [sic] having been improperly confounded by the Col. Off. with quite a different description of settlement. I shall now set the matter quite right, thanks to your kindness, and we may proceed as fast and as well as we can, with our 50 acres. You will have received before this, the warrant for the repayment of the sum advanced from the Crown Revenue to the Military Chest, which settles that matter. I had only casually heard of the Frontenac Registrarship, and replied to the person enquiring about it, in the usual way. I consider your rejection of Mr. Maclean's [i.e. A. N. McLean] hereditary claims, not merely right, but almost a necessary thing to do. I think I remember the job being mooted when I was in Toronto last winter. Sir John Harvey has been at his old tricks again-first asking for, and then trying to get rid of, the troops-and has thereby given me infinite trouble and vexation-but the matter is now, I believe, settledI hope this may reach you by Estafette, or if not that it may be soon established- The Post is terrible[1625] [1841] Jan.2

T. W. C. MuRDOCH: Df.L. 4p.

[WRITER NOT STATED] TO

Arthur's handwriting.

with emendations in

[Place not stated.] I have the honor to acknowledge the receipt of your letter of the 1st inst addressed to Mr Harrison transmitting by desire of the governor general a copy of a Despatch from the Secy of State relative to the case of Mr W. P. Smith & requesting that the Lieut Governor would take such steps for the assistance of Mrs Smith as might appear to Him to be proper. In reply His Excellency desires me to acquaint you for the information of the Govr Genl, that He has entertained considerable doubts of the accuracy of Mr Smiths statements, especially with respect to the exact nature and value of his engagement at Michigan, having no means of satisfying Himself in regard to these particulars. His Excellency further has entertained the opinion that, even were his statements true, Mr Smith has not only been remunerated for any loss but rewarded for his services much more liberally than others who have been similarly situated, & who had claims fully as strong on the Govt. and He accordingly conveyed the expression of His opinion to that effect to Lord John Russell in a despatch dated the 2d instant of which I enclose a copy. On the receipt of your letter however the Lt Govr directed instructions to be issued to the Chief Emigrant Agent to make particular enquiries regarding Mrs Smiths present circumstances, as well as relative to Mr Smiths former situation, with a view of obtaining if possible more full information on these particulars than had hitherto_ been in possession of the Govt, and I send by His Excy same order

230

TORONTO PUBLIC LIBRARIES

1841

for His Ldps information a Copy of Mr Hawkes report, & its enclosures from which it will be perceived that there is good ground for the confirmation of any doubts which had formerly been entertained regarding the accuracy of Mr Smithes [sic J statements, and that there is sufficient at all events to shew, that He is undeserving of any further assistance from the Govt[.) [First enclosure lacking; other enclosures apparently included items 1620 and 1621.) [The above is filed with item 1580.J [1626) Jan. 3

[Sm] A. [F.] D'EsTE TO [ARTHUR]:

A.L.S. 7p.

London. Many happy new years to you.- As our Acquaintance dates about 28 Years back, will you not kindly acknowledge my Claim upon you for some little Trouble?! must lead to the service, which I am about to solicit at your hands-by a little narrative.Within the last Month I have become acquainted with William PSmith-to whom-humble Individual as he is-the Lot fell of having it in his power to render to his Country MOST EXTRAORDINARY Service. -Gifted by Nature with a Store of Means he avail'd himseH of the Opportunity- The Service was as follows.- In December 1837 a Band of Sympathizers and Rebels were congregated in and about Detroit:- They had seized upon and possess'd themselves of many Pieces of Ordnance and of Many hundred stand of Muskets from out of the Stores of the State of Michigan with which, on the 8th. of January (1838) They intended to make an Attack upon Amherstburg. Governor Mason was an inactive Spectator, leaving these Proceedings so internationally offensive to their own March.- Humble an Individual as he is Mr. Smith under such a state of Affairs took upon himseH to act.- He induced Governor Mason to call out a portion of the Militia and the Brady-Guard,-he prevail'd upon him to take up two Steamers, and having embarked in them a sufficient Force, and placed himself at it's [sic] head, to descend the Detroit River as far as Brownstown. This Expedition recover'd the greater number of the Ordnance of which the Sympathizers and Rebels had possess'd themselves.- Warned of the approach of the State Militia under the command of the Governor in person The Sympathizers and Rebels dispersed for the time being, and their projected Attack upon Amherstburg was, necessarily, by them postponed.- The Magistrates of Windsor, Sandwich, and Amherstburg ( with all of whom Mr Smith was in constant communication) took advantage of the time thus afforded, and by the Night of]anuary the 10th had collected a Body of about 150 Volunteers at, an in the Neighbourhood of Amherstburg -the Point threatened with attack.Theiler, a titular General, had possess'd himself of a Schooner, of some where about 200 Tons. burden, in which he had embarked 500 stand of small arms, which had been purloin[e]d by his Band of Sympathizers from the State-stores:- The Schooner also mounted 2 or 3 Guns. On the Morning of the 11th of January (-38) Theiler open[e)d the Guns of the Schooner upon the Houses of Amherstburg which were nearest to the Water:- The Volunteers, (who had been so

1841

ARTHUR PAPERS

231

rapidly gotten together by the Magistrates of the Three Towns) return'd so lively and well directed a fire of Small-arms that the Deck of the Vessel was soon clear'd, not one man remaining upon it to rule the rudder:- The Schooner-in a very narrow Channel under the influence of the Current and of her own Sails, was struck by a violent Squall of Wind and run a-ground at Point Elliot, where she was immediately taken possession of by a Party of the Volunteers who had been keeping up with her, on the Shore, as she drifted down the River.- Theiler (the titular General) was on board and became a PrisonerAbout 1100 of Rebels and Sympathizers, who, under the command of Sutherland & Handy, had establish'd themselves upon a small Island call'd Bois-blanc, ( which is opposite to Amherst burgh), upon learning the fate of the Schooner, instead of attempting to render any assistance to their captured Comrades were struck with a Panic, and took to Hight dispersing themselves all along the Michigan Shore.- Thus through the Audacity and Energy of so HUMBLE an Instrument as Mr. Smith, Governor Mason was induced to exchange Inactivity for exertion-to call out a portion of the Militia-to take uf a couple of Steamers-and to recapture the purloin'd Ordnance o the State.Time was also afforded to the Magistrates for assembling hastily some Volunteers, and thus THE INVASION into the Upper Province of Sutherland and Handy at the head of about Eleven hundred Rebels and Sympathizers WAS COMPLETELY FRUSTRATED.- Surely this was an IMPORTANT and EXTRAORDINARY Service rendered by Mr. Smith to his Country:-such is his own account of the Business, and it afforded me great Gratification to see that YouR Despatch to Lord Glenelg No 74 April 2nd. 1839 ( the Statement having undergone the investigation of the Council) bears testimony to it's authenticity.It is a sad Verity that in same ratio as the Service rendered has been great to the Country in the same proportion has it proved OVERWHELMINGLY RUINOUS to the MERITORIOUS INDIVIDUAL who UNHAPPILY for HIMSELF render'd it.- Having lost his annual Salary (as Naturalist) of D 1500 per annum from the State of Michigan, and his Time during the last two years in unsuccessful Endeavours to obtain Compensation from the Governments for the heavy penalties of his disinterested Patriotism, HE is now reduced to WANT AND PENURY. The account which he gives me of the state in which his poor Wife must be is TRULY APPAL[L]ING :-it is on THAT subject that I venture to address you on the present occasion- Will you my dear Arthur be kind enough to send for her, and ( from me) to request her acceptance of Ten Pounds Sterling.-Your Messenger will find out her place of abode from T. H. Thompson [i.e. Thomson] Esqre. Commissy. General.- I have been favoured with a sight of the Correspondence with regard to poor Smith at the Colonial-Office, and I find that Lord John Russell IN THE MONTH OF OCTOBER LAST sent out Instructions to Lord Sydenham-that pecuniary Assistance should be afforded to poor Mrs. Smith in her Exigencies- Alas! I know how tardy ALL BRITISH Functionaries are where official Money is to be advanced to reimburse or remunerate National Service; perhaps therefore my little humble offering may reach Mrs Smith at a moment of want.- Apologizing my dear Arthur for SUCH a letter I subscribe myself your's, with the KINDEST & PLEASANTEST Remeniscences [sic] of AULD-LANG SYNE[.] [Endorsed in Arthur's handwriting: "Check paid to Mr. Hawke".]

232 [1627) Jan.4

TORONTO PUBLIC LIBRARIES ARTHUR TO SYDENHAM :

1841

LB.5, P· 368--371.

Government House, Toronto. [Marked "Private & Confidentl."J Just now I feel that every step which I officially take in any matter out of the ordinary routine may have a tendency to embarrassment hereafter. Reasoning thus, I trouble you with the following case. Captn Jack of the 9th North York Regt. lately tendered his resignation. The Adjutant General, in the usual course, enquired the cause before submitting it for approval. The grounds you will find explained in the accompanying letter, which to my mind, has all the form and circumstance about it of being destined for the Press! Hitherto, it has been the custom to accept Militia Resignations; but, in such a case as this, if the officer were a subaltern, I would positively refuse to accept his resignation, and make him serve without allowing him to exercise any option in the matter-but, as a Captain, it will be better perhaps, to get rid of any influence which his rank may give him. You may, however, dissent from this view, and I shall he glad to be guided by your opinion. It is a great defect in the Militia Law of this Province that, if a man has once been commissioned as an Officer, he cannot he afterwards required to serve in the Ranks, should he think proper to resign; and so he escapes altogether from a duty which it was evidently the intention of the Legislature to impose upon the whole community. Were it otherwise, the oourse to be taken would he clear. I do not know Captain Jack personally; but I have made some enquiry of Colonel Cameron whose Property is in the same neighbourhood; and, from him I find that Jack is an Irish Barrister, and is considered a clever person. Doctor Rolph's course is not very intelligible to me; for, whilst he is so strenuous an advocate for peopling the Province, it would seem that he is equally busy in promoting Emigration from it, as you will perceive by the enclosed letter which I received a few days ago from Sir Henry MacLeod. If Her Majesty's Government desire to promote the removal of the Black Population, something may, perhaps, he done in it on a small scale;- it should be remembered, however, that they are firm Defenders of our Soil;- but, where the Doctor proposes to find from three to five hundred People of Color, who wish to proceed to Trinidad, I am at a loss to conjecture! I think you will find the opinion I expressed to you of this Person to he nearly accurate-- it turns out that all the flourishing articles that appeared in the Patriot, eulogising the Doctor's Emigration proceedings, were the offspring of his own pen; and, upon the principle I suppose that "one good tum deserves another", he undertook, I hear, to use his interest with you to get back the Government Advertisements for his favorite Journal[ .) I received some days ago a letter from the Chief Justice expressing his desire that I would state, before I left the Province, on what footing he stood in regard to the Speakership, when he proceeded to England on sick leave. I enclose copy of his letter, and of my answer. I have never hesitated to admit that, on his departure, it was fully understood he was to be reinstated in the Office of Speaker on his Return; but, of course, it was impossible for me to forsee the great changes that were in the Womb of Time. I hope I have rightly expressed your sentiments in this matter as well as my own : pray let me know because, if I have fallen into error, I shall be glad to correct

1841

ARTHUR PAPERS

233

it. My impression is that he considers his claim remains to be adjusted after the Union, if his interests be thereby prejudiced; he looks very ill, and seems to me to be breaking up fast. Mr Henry Sherwood has got himself into some difficulty with the Farmer's Bank, and has lost the appoinbnent of Solicitor to it; which I believe was the best, if not the only business he had. This, I presume, will not tend to brighten the aspect of things for him at the ensuing Election. Mr Dunn is quite secure; and, as far as I hear, is proceeding with great prudence, whilst at the same time he is acting with zeal and good faith towards Government. In reviewing the past, and contemplating the prospects of the year that has just opened, I think I may safely say they are cheering. There are some bitter men at the extremes of the two parties,-and two or three who have acquired influence during the past year, in whom I continue to place no confidence, but I am certain the moderate pa~ has gained ground very much, & I entertain a confident hope that it s [sic] ascendancy will be secured. The mercantile & agricultural interests have thriven during the past year exceedingly, and are in good heart. Our exports, exclusive of the Lumber Trade, have exceeded £600,000 during the year 1840; and extensive improvements have been made both in the towns and in the country upon real Capital-I mean surplus Capital, the proots of Trade, not borrowed; and what, at this particular junchrre, is more important than all, the feeling in favor of the Union of the Provinces is, in my opinion, extended & strengthened; although some of those who were it's most energetic supporters have become lukewarm in the cause. The disclosure of the Members of your Legislative Council will be perhaps the greatest test to public feeling-but this I should suppose need not be promulgated until after the elections. All our late accounts from Home must be satisfactory to you. The apprehension of a rupture with France, to the public eye, seems to have passed away. You have now only to insist upon the Boundary Question being settled; and then, if all your plans work well, and are secured, I should be delighted to see you try your hand at Ireland-an object, certainly, inferior to none in National importance. [Items 1608 and 1611 are apparently among the enclosures referred to. Other enclosures lacking.] [1628] Jan. 4

J[oHN] MARKS TO J[oHN] MACAULAY :

L. 3p.

Kingston. [Marked "Copy."] I am in receipt of your letter of the 29th ultimo respecting the transfer of the Cataraqui Bridge from the proprietors to the Government and to inform you that no time shall be lost in returning to you the answer requiredNext Friday a meeting will be held by the Shareholders after that day the opinion of the Shareholders shall be Officially made known for the information of His Excellency Sir George Arthur, I wish there had been a little longer time, as we understand Sir George is to leave Boston 1st. Feby.- it hap[p]ens so far fortunate that I have powers of Attorney from most of the Shareholders who reside out of the Province. Could you on receipt of this drop me a line about His Excellencys movements towards England- mean time besides sending you the

234

TORONTO PUBLIC LIBRARIES

1841

terms on which they will surrender the Bridge-I will endeavour to have an Agent deputed to see you in Toronto on the subject[ .] [1629) Jan. 5

[1630) Jan. 5

[1631) Jan.8

[ARTHUR]

TO

CHARLES [ARTHUR] :

LB.6, P· 149.

Govt. House, Toronto. Recommendg. him to join the Family Circle at Leigham. [Precis entry.] ARTHUR TO R. I. RoU'rH:

L.B.3, p. 133.

Govt. House, Toronto. [Marked "Private".] Sir Chas. O'Donnel[l] has by direction of the Comdr. of the Forces transmitted to me copy of yr. letter of the 14th. Ultimo. I beg to assure you that the explanation it contains is quite satisfactory to methat I regard yr. high official character with undiminished esteem & that not the slightest unkindly sentimt. remains on my mind upon the subject- This feeling I trust is quite reciprocal. J[oHN] MARKS TO J[oHN] MACAULAY:

A.L.S. Sp.

Kingston. [Marked "Private".] In furtherance of the object of your letter of the 29 Deer respecting the Cataraqui Bridge, the Shareholders held a meeting yesterday, the result of which you will receive herewithThe idea that every thing must as a matter of course increase in value had led the Shareholders to believe the Rent of the tolls of the Bridge will also increase, to make up with allowance from Government £ 1000 a year at no very distant period; Consequently the meeting exceeded my own views of the Amount for which the Bridge should be transferred to Government- the Majority contended that in consideration of of [sic] all the trouble expence and Contention the Company have from first, to last, had with it, that the price should be £ 10,000-My knowing by experience that the contention and annoyance between the Military and the Company will continue as often as the Officers of each Department Change, and this happens every year with one Department or another, made me anxious on that Score alone to get rid of the property, and at last the meeting consented to offer the Bridge for what it has cost-to which we of the working Department of the Concern succeeded in bringing into the proceeding the Clause provided for Arbitration, which I have no doubt will ultimately be the means of bringing about a transfer of the Bridge to Government to the satisfaction of all concerned, the sum proposed is not much and considering the forward prospects of the Income, Government would make a good bargain, and the actual gain of the Company is nothing, besides their trouble- the rent till Apl. is £467, and no doubt but it will be considerable more next year. Still I wish and will do all in my power towards transferring it to Government, & one particular reason has some weight with me in the matter which is, that it would allow the tolls to be lowered to the poor people and soldiers families going to Market, also permit these Classes to pass on Sundays to their respective Churches- on these very grounds I am certain you will have a good advocate in Sir George Arthur- (You mention his Excellency['s] early Departure for England, I do hope the Authorities at Kingston will pay him that tribute of respect he so honestly

1841

235

ARTHUR PAPERS

has earned and deserves at our hands- placed as I am at present, bound hand and foot, by duties which are Magnified (not by Myself) by views which some men take of Common business, my own freewill cannot go forth in many public Measures, and none would give me more delight than to have an handsome address prepared for presentation to Sir George Arthur in leaving the Province, I shall see the Mayor this evening and will bring his attention to the subject- there is to be a great Ball to night at the Navy Barrack in the Dock Yard (the large stone store)[.] I cannot learn much about Captain Sandoms going home. Sometimes it is hinted, but nothing has transpired to make any conclusion as to when or how- I wish I was free once More and at liberty to go forth Amongst the Yeomen of Frontenac. I hope their good sense will not be allowed to run wild as in former days, it might be a hard matter to bring them round again should they be led into extremes- these things do at times occupy my serious thoughts, and I cannot help it[.] [1632) Jan. 8

[1633) Jan.9

[WRITER AND RECIPIENT NOT STATED]: writing.

Apparently in Macaulay's hand-

Albany. Extract from a letter dated at Albany 8th January 1841[.] "Your Mr MacLeod [sic] unless his appearance on this side was intended to set the laws at defiance, or provoke an arrest for the purpose of reviving the troubles on the lines, has acted most imprudently. If they can sustain the charge against him, he will be hanged as sure as you have a head on your shoulders, and what is more 'with a shout' from Florida to Maine- If you desire to embroil the two Countries, a la bonneheure-you will find 'the folks' on this side nothing loth-but how awful the consequences! I am sorry to understand, although I entirely expected it, that the French Canadians, loyal ( if there be any such) and disloyal, are all, to a man, Seigneurs & Cures, opposed to the Union. Sacre! who and what induced the Government to throw among them this new apple of discord? Nevertheless 1et there be no strife, I pray thee, between me and thee, and between my herdmen and thy herdmen, for we be brethren[']"[On the same sheet appears item 1609.J

ARTIIUR TO Sm R. D. JACKSON:

LB.5, p. 377.

Government House, Toronto. [Marked "Private".] I have this morning received a letter from the Deputy Adjutant General respecting the establishment of the Savings Bank in the 93rd. Regt. The Original of Colonel Sparks letter and proposed Regulations were forwarded to your Military Secretary on the 11th Novr 1839. Unfortunately no copy was kept in the Asst Mily Secy's Office, so that we are obliged to send to Colonel Spark for copies. This will occasion some delay, before I can officially reply to Colonel Eden's letter. In the mean time, for your immediate information, I enclose copies of the correspondence that passed, together with the extract from my Spring Halfyearly Confidential Report referred to by the Adjutant General, in case no copy of it has been retained at Head Quarters. Nothing can possibly have succeeded better than the Saving's Bank has done in the 93rd. Regt.

236

TORONTO PUBLIC LIBRARIES

1841

It will be satisfactory to you to know that the cases of the diseases of the eyes in the Royal Regt have decreased during the last month. I enclose the latest Return. There are now only ten cases in hospital. [Enclosures probably included extract from item 1453; other enclosures lacking.] [1634] Jan.10

[1635] Jan.11

ARTHUR TO Srn JAMES McGruGOR: LB.3, p. 133-134. Govt. House, Toronto. I have had the pleasure to receive yr. letter of the 1st. October last, with it's [sic] enclosure & assure you I very much regret havg. given you so much trouble respectg. Mr. Grasett, & thank you for yr. kind intentions towards him. Mr. Grasett returned to Upper Canada just before I recd. yr. letter. It seems he was rather appalled at findg. that all his certificates were nothing worth; &, in the place of takg. the plain course of shewg. at least, that they testified truly of his acquiremts., he took the alarm, & being a particularly conscientious person, the idea haunted him that he shd. incur a greater expense by remaing. in England than he ed. afford, & so hurried back whilst he had the means. There is an Officer of the Medical Staff in U. Canada, of whose merits I ought to say a few words. Doctor Ryan has been in Toronto for 14 months, having been particularly recommended to me by Lt. Colonel Cathcart, 4th. [i.e. 1st.] Dragoon Guards. His attention to his duties, generally, has been very great; but, in a special manner he lately manifested unbounded care & skill in the case of my late Military Secretary, Captn. Halkett of the Guards, whose life, humanly speaking, was prolonged for many weeks by Doctor Ryan's medical ability & unwearied attention day & night. Poor Halkett's father Sir Hugh, & his uncle Sir Colin, will I am sure join with me in thanking you most cordially for any kindness towards Doctor Ryan; who[se] wish, I know is, on his promotion, to join the Cavalry. Yr. nephew tells me he is anxious to be appointed Paymaster of the Royal Canadian Regt., & I shall have great pleasure in recommendg. him to Sir R. Tackson, who, it is said is to have the officering of this Corps, but I doubt it. I will however write to him strongly in favor of Mr. Mc.Grigor- I hope we shall have the Union proclaimed in the course of ten days, when I shall be, of course, relieved from my present anxious post. ARTHUR TO SYDENHAM:

LB.5, p. 374-376.

Government House, Toronto. [Marked "Private & Confidenl."] Pray do not fancy me drowsy in the matter of the Cataraqui Bridge for there are difficulties in the way which take time to remove. The Shareholders, like the rest of their fellow Townsmen, are no doubt alive to probabilities, and desirous to make the most they can of the Market of the day. To quicken their movements, I requested Mr Macaulay, who was formerly one of the Directors, and sold his shares about two years ago, to write to Mr Marks, who I discovered to be the agent to most of the absentee Proprietors, and mention to him that it was my wish to assist the Shareholders in getting rid of the recurrence of such controversies as had taken place respecting the insecure state of the Bridge, and observing that the Government would hereafter be obliged to push the matter further & keep the

1841

ARTHUR PAPERS

237

Proprietors rigidly to the terms of their Bond of Agreement. At the same time, if they would consent to surrender their Property in the Bridge on reasonable terms, I would do my best to induce the Governor General to accept them, as I considered it important in a Military point of view-but no time was to be lost, and it was impossible to say how soon I might leave the country. Mr Marks answer to the private note is enclosed, and as the Meeting of the Proprietors to which he alludes was to take place on Friday last, I shall expect to receive their offer in a few days. The roads have been very bad during the last three days, and it was not before the 8th. that I received your note of the 1st. Inst.seven days from Montreal is slow work indeed! Mr Weller, when he left Toronto, undertook to reach Montreal by Friday the 1st., so that I fully expected, ere this, to have received your decision respecting the Estafette. · I am gratified to find that you do not intend to make any alteration in the 50 Acre Allotments, of which I was apprehensive from your communication to Sullivan. It is not only a good measure in itself (would it not be well to extend it to the frontier of New Brunswick as the best means of occupying the Disputed Territory?) but it is of the utmost importance that there should be no reversal of any of your measures. The most superficial observer of the Public Mind cannot fail to be struck with the beneficial impression of the prevailing confidence that nothing of this kind will take [place], and I would not see the Halo dispelled on any account. The repayment has been made of the sum advanced from Crown Revenue on account of the Pensioners- No Commissariat Item, I believe, was ever before so rapidly adjusted in Canada. The Law Officers have not sent me their answer respecting the refunding to the Crown Revenue of the .£, 3000 paid over by the Commissioner of Crown Lands to the Clergy Reserve Fund. I have desired Harrison to send them a reminder. In the mean time, my own confidence in the accuracy of the view I have taken is much confirmed; and, by simply disallowing the arrangement made between the Commissioner of Crown Lands, and the Receiver General, as to the appropriation of the sum in the hands of the Agent of the Clergy Reserve Fund in London, I shall be able in a quiet way to set the matter right. I regretted to see in the last British Colonist another attack on the Chief Justice. It will do harm, I am persuaded, and might prove inconvenient if the Chief Justice in the Lower Province should ever turn restive. Hincks, you will observe, is doing his worst to influence the Reformers against the Union, and, in his last paper, he appears nothing loath to come to a rupture with his quondam friend of the Courier; you will have sooner or later to knock away the Props by which this rogue is supported[.] I communicated to you some time since the incarceration of Mr McLeod at Lockport for the Caroline affair; I wrote to Mr Fox upon the subject, but he has not gained much by his negotiation with the American Government. It is of importance, therefore, to settle this matter, if we can, without further discussion upon international Law. I am persuaded that McLeod was not engaged in the enterprize, but has from time to time boasted of having played an active part in it, and I am not all satisfied that, even now, he is not himself helping forward this trouble. I have learnt to be very suspicious since my residence in Canada, and I think I perceive some scheming in this affair.

238

TORONTO PUBLIC LIBRARIES

1841

McLeod is just the kind of person who would delight in a broil with the States, and would pass through some personal suffering to effect such an object. He is one of the many on both sides who has everything to gain by any national disturbance, and nothing to lose. I have, therefore, determined to send a Professional person into the States to look into the case-offer bail-and, if necessary, employ some American Lawyer to defend McLeod. [Enclosure is apparently item 1628. See also item 1631.] [1636] Jan.11

[1637] Jan.11

[1638]

[Srn] R. D. JACKSON TO ARTHUR:

A.L.S. 3p.

Montreal. [Marked "Private".] I see in the Colonial Papers notice of a measure, as contemplated by you, for re-inforcing your Battalions of incorporated Militia by Volunteer Companies from the Sedentary Militia.- perhaps you have turned this subject in your mind & it seems one of considerable importance, and I should like to hear from you upon it- it is the only way in which we could raise a provincial Force in the Lower Province. My friend Gore has placed his Dispatch Dragoons, and when Capt. Magrat[h] takes up his portion of the line, (the intermede being contracted for) the Governor General will be enabled to communicate by it. Gore forgot, I find, the diminution of that force in the Upper Province[.] If the Yankees hang Mr Mc.Cleod [i.e. McLeod] I hope We shall get his skin to make a Drum of, to raise the Glengarrys &c to vengeance! ... [P.S. Sends respects.]

W. C. WARD TO ARTHUR:

A.L.S.

Toronto. I beg leave to annex, for your Excellency's information, the copy of a letter dated the 8 Instant which I have just received from Captain Biscoe R.E. accompanied by a Sketch, shewing the present state of the top of the Monument on the Queenston Heights. [Item 1638 is continued on the same sheets.] [Enclosure:]

1841

Jan.8

VINCENT BxscoE TO LT CoL. [W. C.] WARD: handwriting.

L. in Ward's

Royal Engineer's Office, Niagara. [Marked "Copy W. C. Ward No 340".] I have the honor to report to you, that it has been communicated to me by Colonel Thorn[e], that yesterday evening, in consequence of the thaw, a considerable part of the top of Brock's Monument fell down. Colonel Thorn[e] informs me that the Iron-work Railing &c which was fixed to the top, has been taken charge of by the Detachment under his command, and deposited in a place of safety. When I have time, I will inspect it, and report to you the particulars of its present state .•.

1841

ARTHUR PAPERS

239

[P.S.] I send a Sketch of its present state, communicated to me by the Officer of Militia, stationed there. [Accompanying sketch shows the top of Brock's Monument on Jan. 6, 1841 and Jan. 8, 1841.] (1639]

Jan.11

[1640) Jan.12

ALEXANDER McLEOD TOW.

H.

DRAPER:

Lockport Jail. [Marked "Copy."] I am in receipt of two letters from the Government of Upper Canada relative to my imprisonment stating that the Government will hold harmless persons becoming bail for my appearance at the Court of Oyer and Terminer to answer the charge of murder &c and that a letter to that effect would be addressed to such persons on my furnishing their names. I lost no time in advising with my counsel on the subject and by their advice enclosed to Provincial Secretary a Copy of Bond &c. As it is probable the case may be referred to you I have to state the persons who have consented to become my bail and who will be taken as such are Philip C. H. Brotherson and George W. Rogers and they require from some one or two responsible persons a bond. I am also informed that I may put myself in communication with you as to my defence, and the necessary disbursements attending the same. I have employed two respectable Counsel and have every coniidence of ultimate acquittal. In the mean time having failed in obtaining my discharge after a tedious examination before a Judge which ended on the 21st. Ultimo, my counsel wrote to Mr. Forsyth for copies of the whole evidence taken before the United States authorities relative to the destruction of the Caroline as well as that given before the Grand Jury at this place in January 1838, on which they found a true Bill against certain of Her Britannic Majesty's subjects therein named[.] I am now in receipt of that evidence-probably you may desire to see it, as it is on that mass of exaggeration and perjury I have no doubt the President of the United States alleges the destruction of the Caroline was a wanton outrage. I do hope there will be as little delay as possible in transmitting the necessary documents to secure my bail. I have been very ill these some days past with a complaint of liver and spleen the result of nearly two years illness of fever and ague and the Dr. that attends me says I could not live out the summer in this place, and unless I procure bail before the sitting of their County Court on the first Monday in February there will be a true Bill found against me for Murder, after which Bail will not be taken. This is probably the worst prison in the United States. I am confined in a small cell with two criminals without fire, continually locked up except about tive minutes in the morning. The Sheriff has been as indulgent as he could be but he stands much in awe of his constituents the Mob who are all patriots and who have repeatedly urged to have me heavily ironed as they assert their captured Patriots were in Canada. [H. S.] Fox: LB.2, p. 180-183. Government House, Toronto. [Marked "Confidential".] It has afforded me much satisfaction to receive your letters of the 29th. December and 2nd. Inst, with their enclosures, and your confidential of the 3rd. Instant.

ARTIIUR TO

240

TORONTO PUBLIC LIBRARIES

1841

The first reached me on the 10th. lnstant,-the two latter this day. Having given your observations and indeed the whole subject my best consideration, I have come to the conclusion that the line of proceeding most prudent, or at all events the least objectionable under all circumstances is to procure bail for Mr McLeod upon the responsibility of Government; but, as it seems to me that to do so with the premeditated determination that he shall not appear to take his trial is liable to serious objection, I have sent a respectable Solicitor, Mr Campbell of Niagara to Buffalo and Lockport with authority to employ a Professional person of the soundest reputation to be met with to undertake Mr McLeod's defence, and I enclose for your information a copy of the Instructions which I have authorized the Attorney General to convey to him. If Mr McLeod shall of himself refuse to return to stand his trial, this Government will not, I apprehend, have the power to coerce him; and at all events I should not be disposed to do so, but I think that no proposition of withdrawing himself from trial should at present be suggested to him, or deliberately entertained by us, but that we should be left at full liberty to act in this matter as circumstances may hereafter render expedient & proper. I would not, indeed, be over fastidious in dealing with such people as the Border Citizens, and it is from no delicacy of that kind that I would hesistate to offer bail with the intention of forfeiting the recognizances : but, to my mind, such a proceeding would in affect have the appearance of our paying the Ransom of a British subject to procure his release from an illegal detention, and I think therefore nothing should be done which could justly cause the Act of putting in bail to be regarded in any other light than a desire to afford proper aid and relief to one of Her Majesty's subjects so circumstanced. The purchase of Mr McLeod's liberation by forfeiting the recognizance, and so evading the trial, would be most certain/,y followed by the incarceration of other British subjects, and there would be no end to the indignities, and impositions to which we should be exposed. Although I certainly agree with you that his attempt to prove an alibi is very weakly sustained, yet I confidently believe that Mr McLeod was not engaged in the capture and destruction of the Caroline. The next person seized upon might only be enabled to defend himself by justifying the act upon National grounds, and, therefore, perhaps it is well that the hostile party should have, as in this instance, to deal with a case that, as against the accused, can be sustained, neither by the common, nor international, law;- in fact that they should try their experiment upon a person altogether innocent; and then it being shewn by the result that they have seized upon, and incarcerated a British Subject, free from even what they consider a criminal offence, Her Majesty's Government will be able to turn the outrage to some good account in the further discussion of the question[.] I have nothing like positive proof to rest upon, but I am under a strong impression that Mr McLeod has rather favored our being brought into this dilemma; for although he was not, as I have stated, engaged in the ent()rprize against the Caroline, there are strong grounds to conclude that he has boasted that he was. Consequently, he could not have been ignorant of, at all events, it was his duty to have considered, the very probable consequences, both personal and public, of the circulation of his fabulous deeds in arms, and have avoided

1841

ARTHUR PAPERS

241

its almost inevitable result. I would not do Mr McLeod any intentional injustice; and not having at present positive proof to establish my strong suspicions that he is scheming for notoriety, I shall exert myself to the utmost to protect him- at the same time I feel it to be our duty to discourage that class of people on both sides the Frontier who seem regardless of the horrors of War in comparison with their selfish consideration which they think will be advanced by hostilities between the two Nations. As the Court has consented to take bail, and as I trust we shall be able to get the trial deferred on the part of the defence, even if it be not desired on the part of the Prosecution, of which Mr McLeod intimates his expectation, ample time will be afforded to H. M. Government to interfere in the matter; and if, upon further consideration, it be thought expedient, on National grounds, that Mr McLeod should not appear to answer his bail, I conclude that he may readily be dissuaded from it. Out of this embarrassment some good has been drawn by the admission of Appleby, who commanded the Caroline, on his cross examination, that he had landed one piece of Ordnance on Navy Island, and that the Owner of the Steamer was cognisant of the Service she was employed upon. Appleby's admission is a most desirable confirmation of our previous evidence to this fact. I enclose for your information a copy of the last letter received from Mr McLeod, by which you will perceive that, since his committal, he has been brought before a Judge of a Supreme Court upon a Habeas Corpus; and, although the result was that he was ordered to be recommitted, yet leave was given to put in bail, a circumstance which under such charges as murder and arson, looks as if the proof then adduced against McLeod was not considered by the Judge as establishing a strong prima facie case against him. In the course of seven or eight days, I shall hope to have it in my power to put you in possession of the result of Mr Campbell's Mission. [Enclosures lacking.] [1641] Jan.13

ARTHUR TO SYDENHAM:

LB.5, P· 377-378.

Government House, Toronto. [Marked "Confidential".] I find H. M. Minister at Washington has already transmitted to Your Lordship my correspondence with him respecting the incarceration in Lockport Jail of Mr McLeod. It is not, therefore, necessary that I should trouble Your Lordship with additional copies, but I have the honor to communicate what has since transpired. On giving the best consideration in my power to Mr Fox's observations, I determined upon at once sending Mr Campbell, a respectable Solicitor residing at Niagara, to Buffalo and Lockport for the purpose of procuring bail for Mr McLeod, and making some necessary arrangements for his defence. Mr Campbell has been authorized to employ some respectable member of the legal Profession in the States, and to that gentleman the Attorney General has, by my direction, addressed a letter of Instructions of which I enclose a copy, as it will put Your Lordship in possession of the course proposed to be taken in the event of Mr McLeod's being brought to trial. I also beg to enclose the copy of the answer which I have addressed to Mr Fox in reply to his "confidential" letter.

242

TORONTO PUBLIC LIBRARIES

1841

It appears to me, for the reasons which I have there assigned, that we should not at present act upon the intention of Mr McLeod's not answering to the Bail; but, rather, collect all the evidence that can be brou~ht to bear to establish the alibi; and, as I really believe Mr McLeod was not engaged in the enterprize, although I fear he has most imprudently vaunted that he was, I trust we shall be able to secure an acquittal. I expect to be in possession of the result of Mr Campbell's Mission in the course of a few days, and will then address your Lordship further upon the subject. [First enclosure lacking; second enclosure is apparently item 1640.] [1642]

[BELLEVILLE ADDRESS.] D. [Two large sheets of paper sealed together lengthwise.]

/an.13

Belleville. To His Excellencv Sir George Arthur K.C.H Lieutenant Governor of the Province of Upper Canada and Major General Commanding Her Majesty's forces therein

May it please Your Excellency. We the Inhabitants of the Town of Belleville and its vicinity, beg leave most respectfully to address Your Excellency upon the occasion of Your retirement from the Government of this Province[.] We cannot allow Your Excellency to depart, without expressing the deep sense we entertain of the energy and decision evinced by Your Excellency, during the crisis of 1838 in providing for the defence of this Province and our gratitude for the heavy responsibility assumed by Your Excellency in calling out the large Militia force embodied to protect the lives and properties of Her Majestys Subjects from foreign aggression, to which, under Divine Providence, We attribute our exemption from the evils which at that time threatened us. We beg at the same time, to add our humble testimony to the untiring attention which Your Excellency has at all times paid to the public Service and to the onerous duties of Your High Office[.] We sincerely trust that Your Excellency and Family will experience a safe and pleasant voyage across the Atlantic. and that Your Excellency will feel assured that all good men both in this District and throughout the Province entertain the highest esteem for Your Public and Private Character and unite in warmest wishes for your future Health and Happiness. [182 signatures follow.] 184 Signatures. [1643] Jan. 13

Jan. 13

[BELLEVILLE ADDRESS.]

D. 4p.

Belleville. [Marked: "Copy."] [Another copy of item 1642 without the signatures.] [Continued on the same sheet is item 1726.)

R[oBERT] SPARK TO THE AssISTANT MILITARY SECRETARY [C. COLVILLE]: [See item 1804.)

J.

1841 [1644) (1841)

Jan.14

[1645]

Jan. 15

ARTHUR PAPERS [Sm] R. D.

JACKSON TO

ARTIIUR:

24.'J

A.L.S. 2p.

Montreal. [Marked "Private".) I have to thank you for your "private" letter of the 9th. covering information relative to the savings bank of the 93. Highlanders and it enabled Sir Charles O'Do[n]nell to find, amongst his archives, the original Papers Transmitted in Novr. 1839. I shall forward these to the Horse-Guards by the next Mail. I am glad to hear that the diseases of the Eye are becoming less frequent in the Royal Rgt and I sincerely hope that authority may be given Us to improve the condition, generally, of our Barracks in this Country-but my hope is not sanguine when I recollect the state of the System in England, if System it can be called. The Governor General is suffering from Gout; but attacks of this kind do not last long with Him.[Misdated 1840.)

ARTHUR TO SYDENHAM:

LB.5, p. 378-380.

Government Ho-use, Toronto . [Marked "Priv & Conff".] The City Elections have resulted in the Return of nearly all the former members. The only changes are those of Doctor Burnside, and Mr Tinning, in place of Alderman Duggan and Mr Young, being all of the same Party. Doctor Baldwin, the Solicitor General, Small, Hincks, & Henry Boulton, openly exerted themselves to the utmost,-whilst Mr Harrison, Dunn, and Sullivan, did their best, in a quiet way, to get rid of the old hands, especially Mr Gurnett,-but it proved quite ineffectual[.] The active interference of extreme men on the one side, led to the most strenuous effort of the other; and , when the Elections came on, it was evidently the old strife of Parties, and not moderate men who were to decide the contest. The result is considered by Mr Robt Baldwin so decisive of his fate at the coming Election, that he called yesterday at Mr Harrison's Office to say that he had determined at once to resign, and start for some other place before it was too late. Mr Dunn, who accompanied him, also expressed his intention of retiring, because he now deemed his own Return very doubtful; and his object in starting-that of bringing in the Solicitor General with him-was lost. Mr Harrison prudently recommended them to delay taking any action in the matter until he could speak to me. I have, in consequence, had a long conversation with Mr Dunn and, as I hope, convinced him that there is no occasion whatever for his retiringand, as Harrison better understood all that Mr Robt Baldwin had to say upon the subject, he undertook to communicate it by last night's Post-and, also, to refer to his own position which he appears to consider will be much prejudiced by the decided strength of Sir Allan's friends in Toronto. I confess I see no grounds for all this dismay; but I would rather defer for another Post, expressing any decided opinion. The decision was to elect Mr Gurnett Mayor-but I had a most favorable opportunity of speaking to Mr Wm Boulton upon the subject, and he has acted extremely well, indeed, in the matter; and to his exertions it is to be ascribed that Mr Munroe [i.e. Monro] has been elected. I will write upon this subject again tomorrow.

244 [1646]

Jan.15

TORONTO PUBLIC LIBRARIES SYDENHAM TO [ARTHUR]:

1841

L.S. 6p.

Govt. House, Montreal. [Marked "Private".] I am obliged to use another hand for I am in bed with the gout. I received yesterday from Mr Fox copies of his correspondence with Mr Forsyth and of his letter to you. He sends them officially, but as I have not heard from you upon the matter, and have not before me all the papers to which he alludes, I do not write to you in a dispatch, nor shall I reply to him until I hear further from you. I am very uneasy however about this case which appears to me likely to lead to most serious consequences. It is too late now to abuse Mr McLeod for going over to the States after the warning he had already had, nor do I see how any other course than that adopted by yourself & Fox could have been taken after his seizure. What we must now look to is how we can best act under the circumstances. Not having seen the depositions or the Attorney Genl's. opinion I cannot judge of McLeods means of defence, but if they were the best possible I should feel no confidence in their prevailing with a Lockport jury. Neither do I think that the Provincial Govt. could assist Mr McLeod in his defence, for that would be in some degree to acknowledge the legality of the proceeding. We must look on conviction then as nearly certain, and consider the consequences; these, I take it, would be inevitably war or at least a suspension of all pacific relations, for it would be clearly impossible for Great Britain to permit one of her subjects to suffer individually for acts done under her authority and which she has avowed through her Pr:wincial agents at least. To permit McLeod therefore to proceed to trial would be to precipitate this result or at least to complicate matters still more and render an arrangement more difficult afterwards. I consider delay therefore is most desirable, and there will be two modes of obtaining this; either by McLeod traversing to the following assizes, or by giving (and of course forfeiting) bail. How far the first is practicable according to the U. States laws I do not know, but if it be, it would leave matters just as they stand for some months to come and thus afford time for the question of the Caroline to be finally disposed of. It is therefore worth considering, but on the other hand McLeod will still be in the power of the Americans and there might be difficulty about him in the end. The other course, which I observe was hinted at by the Atty. General and is strongly recommended by Fox, may perhaps be the better namely, to cause McLeod to give bail, we indemnifying his sureties. The disadvantage here again is that it partially recognises likewise the authority under which this outrage has been committedbut after all it is a choice of difficulties and the disgrace falls not upon us but upon the country which has so violated all the usages of civilized nations as to render it necessary thus to interfere in order to save the life of an innocent man. If this course however be decided on, although it will be best that bail should be put in by private individuals as if acting for McLeod, I am of opinion that when that be done and McLeod liberated, a distinct and formal declaration should be made to the United States Government stating both what we had done and the grounds on which we had acted. McLeod would of course forfeit his bail and we might then settle the matter with the

1841

245

ARTHUR PAPERS

American Government free from the embarrassment of McLeod's neck- This course is not the most dignified in the world, but it is impossible to act with the Americans as you would do with a civilized people. McLeod richly deserves hanging for his folly but if he got his deserts I do not see how war could be prevented, and although even after this it might not be very practicable to keep the peace, it may be as well to take the chance of what the Government of the 1st. March may do. I shall be perfectly ready to confirm either of these courses officially when you let me know your opinion, if you desire it, and in the meantime I shall be glad to receive the papers to which Fox alludes. I look upon any application to the State of New York as out of the question; our ground is that we avowed the act, and are responsible. I will write to you in a day or two upon other matters.

[1647] Jan.15

[1648]

G[EORGE] BENJAMIN TO CAPTAIN [FREDERICK] ARTHUR:

A.L.S. 2p.

Belleville. I have the honor to enclose you a series of Resolutions passed at a public meeting, for the information of His Excellency the Lieut Governor. The Inhabitants of this Town have already signed the addresses adopted at the public meeting, but being desirous to present the same to His Excellncy, in person, they indulge the hope that His Excellncy will pass this way on his journey from the Province. Should, however, the arrangements, which his Excellency has made, not be in conformity with their wishes, I have to request, that you will be pleased to inform me of it by return, so that the address may be forwarded by mail. [Enclosure:]

1841 Jan.15 T[HOMAS] PARKER AND G[EORGE] BENJAMIN:

2p.

Belleville. At a public meeting convened by advertisement for the purpose of addressing Sir George Arthur, Lieut Governor of this Province, on his retiring from the Government Thomas Parker Esq in the chair George Benjamin Esq Secretary. Moved by E. Murney, Esq Seconded by A. 0. Petrie Esq. Resolved that fully approving of the administration of His Excellency Sir George Arthur, during his residence in Upper Canada we cannot allow him to take his departure from this province without expressing our approbation of it, and to thank him for his untiring Zeal under many vicis[s]itudes and difficulties in carrying on the affairs of the Governmnt. E. Murney Esq, here read an address, upon which it was moved by F. W. Adam Esq. Seconded by Hy Baldwin Esq. Resolved, that the address now read be adopted. Moved by Peter OReilly Esq, Seconded by Francis McAnnany Esq

246

1841

TORONTO PUBLIC LIBRARIES

Resolved that a Copy of these resolutions be sent to His Excellency Sir George Arthur G Benjamin T Parker Secty Chairman The chairman having left the chair, the thanks of the Meeting were voted for his able conduct in chair. GBenjamin Secty[.] [1649] Jan. [15?]

[1650] Jan. [15?]

[1651] Jan.15

[1652] Jan. 16

[1653] Jan.16

[BELLEVILLE ADDRESS.] ngthwise.]

[Seven large sheets of paper pasted together

BelleviUe. [An address similar to item 1642, with occasional slight variations in phraseology, and with the closing paragraph somewhat modified. The document states "298 Signatures"; there are actually 297. This is apparently the address from the public meeting referred to in items 1647 and 1651. Some signatures appear on both addresses.] [On the reverse of the above appears item 1717.] [BELLEVILLE ADDRESS.]

D. 2p.

Belleville. [Marked "Copy."] [Another copy of item 1649 without the signatures.] [On the same sheet appears item 1718.] EDMUND MURNEY TO CAPTAIN [FREDERICK] ARTIIUR:

A.L.S. 2p.

Belleville. I have just returned from a public meeting called for the purpose of adopting an address to His Excellency Sir George Arthur expressive of our confidence in his administration- An address has been adopted. and numerously signed. Will you therefore inform me when His Excellency will arrive in Belleville; or whether it [is] His intention to proceed by Lewis Town, so that the address may either be presented in person or sent to him. I had already signed a similar address, privately circulated but as many respectable persons. considered that it was paying His Excellency a greater Compliment to call a public meeting upon the occasion, the present address was then adopted & signed. ARTIIUR TO SYDENHAM:

LB.5, p. 380.

Government House, Toronto. With reference to my communication to Your Lordship of the 13th Instant, in which I enclosed a copy of a Confidential letter addressed by me to H. M. Minister at Washington, I regret to perceive that I omitted at the same time to enclose the copy of my official answer to Mr Fox's letters which omission I now beg to supply. [Enclosure lacking.] ARTIIUR TO SYDENHAM:

LB.5, P· 380-382.

Government House, Toronto. [Marked '1>riv & Confl".] Since I wrote to you yesterday respecting the City Elections, I have continued my inquiries, and am now satisfied that the im-

1841

ARTHUR PAPERS

247

pression entertained by Mr Baldwin and Mr Small as to the strength of their party in the City has been quite fallacious. Mr Small started for his own Ward-St Davids-. There have been meetings of Committees continually during the last two months, and every preliminary measure was fully considered, and success said to be undoubted. Doctor Burnside offered himself only three days before the Election- He is by no means a popular person-indeed I never heard his name before to my recollection,-but stood opposed to the Reformers, and that alone brought him in with a large majority. In the same Ward, Mr Ridout, Cashier of the Upper Canada Bank, and a person considered influential from his respectable character and accommodating habits, started as of Mr Baldwin's Party, but only upon the Common Council Ticket- He met with no support whatever. Mr Stanton was induced to start as a moderate man, expecting support from both Parties. This, I understand, would have succeeded; but, in place of carrying out the measure with consistency, and leaving him in the hands of moderate men, Doctor Baldwin proposed Mr Stanton, and Hincks, or some equally extreme person, seconded the nomination, and, consequently, this also failed. As these Elections became altogether a trial of Party strength, Mr Sullivan, who, I believe, has written to you, attaches,-and so does Mr Harrison,-great consequence to this discovery of extreme weakness, and thinks it's [sic] effects will extend far beyond Toronto. There was a Meeting last evening of which, as he was requested to be present, Mr Harrison will give you some account, when, after a full consideration of the position of affairs, it was determined that Mr Baldwin should at once withdraw from the contest, and that, by so doing, there would be a better prospect for Mr Dunn, but then the Receiver General objects to stand alone on the Reform Interest.- He has, however, been prevailed upon not to withdraw for a fortnight that the effect of Mr Baldwin's retirement may be tested, and your opinion upon the subject in the mean time ascertained. The expose made by these Elections seems most extraordinary. It is not more than six weeks ago that Mr Dunn informed me that, having canvassed the whole City, he had a clear Majority of 3 to 1 against Mr Sherwood and that Mr Baldwin, as he had ascertained, had a Majority of 80. And Mr Harrison, thro' Mr Baldwin himself, was constantly led to entertain no doubt that the Solicitor General's Party was becoming more and more influential;-and so indeed it was, but what a minority they must have been in! I have strongly recommended Mr Harrison to follow in the wake of all your official announcements, and not to appear to be the advocate of any particular party. Every personal consideration must give way before the all important object of a strong Government Majority in the first Parliament, and the course of Government, I apprehend, must harmonize to secure that result, and, if I have been so fortunate as to render you any service, it has consisted perhaps in having kept this ground quite open to you. Incidentally I learnt last night that a Contract had been entered into with Mr Weller and that the estafette was established below Coburgh [sic]. Colonel Gore has not communicated this as he assuredly should have done, but I ordered off Major Magrath's Troop at once to complete the line, and this, my first by estafette, will leave Toronto at ten this evening. I do not know how Mr Weller is bound down as to time.

248 [1654)

Jan.16

TORONTO PUBLIC LIBRARIES SYDENHAM TO ARTHUR:

1841

L. 4p.

Govt. House, Montreal. [Marked "Private".] I wrote to you yesterday and today have your's [sic] of the 11th.I am afraid that there has been some mistake about letting you know that I had arranged the estafette. Weller will take it from the Coteau to Cobourg- I have got dragoons here to take it there, and you will be able to provide for it by Magrath's troop between Cobourg and Toronto. Wellers part & mine were ready on Monday. I have not the least doubt that your opinion of McLeod is quite correct and I wish he could be hanged for his folly and the trouble he has given us, without our being compelled to pay so dearly for the cord; but as that cannot be, we must do what we can to keep the matter from coming to an extremity. I am very glad therefore that you have sent a person to look into the case, but I think our interference as I stated yesterday, must be limited to bail unless he traverses and thus obtains delay. If he can defend himself without our interference it would be satisfactory, but any direct assistance from us for that purpose would be recognizing the competence of the American authorities to meddle with the case and so far I fear, dangerous. I am very much obliged to you for what you have done about the Cattaraqui [sic] bridge; if you can come to any reasonable terms it will be an excellent arrangement. The Government now pay I am told £ 400 a year for the use of it. Your communications about 50 acre allotments were of great use . to me. I never intended to yield upon the principle of this mode of settlement as contra-distinguished from the 5 acre principle, but I could not assign satisfactory reasons for 50 acres instead of 35 or 40 being the lowest amount required to carry it into effect- Harrison's paper completely established this. I wished to establish the same thing here but could get no settlers this year, and would willingly have done so on the St. John's but there the land north of that river which is all that Harvey's folly has left us, is so poor & bad that no one will settle there if he has to pay all the expences. I consider it of so much importance however to fill up there, if possible, that I have proposed to them in England to allow funds for that purpose. I have not seen the B. Colonist to which you allude, but the papers in these Provinces seem to me all alike- where they do not go wrong from mischief, they do from want of sense or talent. Hincks I see is hammering awav as hard as ever but I think his violence will tell against his paper- the more he abuses me the better. I now turn to your letter of the 4th. which my illness prevented my replying to before. Captain Jack seems to have all the impudence of his country-his letter is a most improper one, and I think the proper answer to him should be that his name has been struck off the books; it is a pity he cannot be made to serve as a private but we can't help the law. Dr. Rolph's black emigration scheme is very amusing. I don't think his coloured friends would give him another snuff-box if they knew of his plans for them. I am quite opposed to losing any of these men from the Canadas, and should countenance no such scheme. Dr. Rolph will now have quite enough to do with the white emigration. The Chief Justice had of course a perfect right to receive an

1841

(1655] Jan.16

[1656] [1841] [Jan. 18?]

[1657] Jan.18

ARTHUR PAPERS

249

explanation of what had passed in his case, but I do not think the United Legislature will vote him a pension upon it. I have still two or three more ordinances on the anvil, and then I hope to have done with the Council and set to work at the Union .. By command R. W. Grey Private Secretary[.] RICHARD BULLOCK: D.S. Adjutant Generals Office, Toronto. General Return of the Sedentary Militia Force of Upper Canada. [Return, giving the number of regiments, artillery companies, colonels, lieutenant colonels, majors, captains, lieutenants, ensigns, staff, sergeants, rank and file, by district. The grand total is 72,475.] [CAPTAIN FREDERICK ARTIIUR] TO [GEORGE BENJAMIN]: emendations in Arthur's handwriting. 3p.

Df.L. with

[Place not stated.] I have the honor to acknowledge and have laid before the Lt Govr your letter of the 15th. Inst with its enclosure containing certain Resolutions passed at a public Meeting at Belleville in anticipation of His Excellencys immediate departure from Upper Canada. In reply I am directed to inform you that the period of the Lieutenant Governors departure being dependant on the Union of the two Provinces His Excellency cannot now fix the exact period of his leaving the Province. it is quite uncertain at this season of the year which route the Lieutenant Governor will take in proceeding to New York and cannot therefore have it in his power to say whether he can promise himself the pleasure of visiting Belleville[.]

ARnroR TO Sm R. D. JACKSON: LB.5, p. 383-385. GQVernment House, Toronto. [Marked "Private".] I have had the pleasure to receive your note of the 11th Instt., and I shall be most happy to explain to you my scheme with regard to the Flank Companies; which, indeed, is nothing more than carrying out my original intention; and whilst I trust, thereby, the community generally will be less inconvenienced by any demand for their Military assistance, I am quite sure that much unnecessary expense and confusion will be avoided. You will have observed, in the order which has been published, that I have said nothing about "reinforcing the Battalions of Incorporated Militia," tho', in truth, that is my object-because I well knew it would at first be unpopular amongst the Fiel.d Officers of Militia whose Services under my plan will be in no great requisition. The order only directs that two Companies shall be formed in each Regt. to be called the "Flank Companies" composed of men not under 18 years of age nor exceeding 40. These, being always considered the first for Service, will constitute the reinforcement in reserve to the Incorporated Militia. When ordered out for Service, they will not be Volunteer Companies, tho' the best and most active men in each Regt of Militia are invited to volunteer into these Companies of Sedentary Militia; but, when any portion of the Sedentary Force is required to take the Field, it will be the Flank

250

TORONTO PUBLIC LIBRARIES

1841

Companies and they will be forthwith attached to the Companies [marginal pencil note reads: "Query Corps"] already Incorporated, and subject to the Militia Laws of the Province. I found in 1838 that, as soon as a Colonel of Militia was directed to turn out a portion of his Regiment, all was strife and contention-with the utmost disparity between the proportion of officers and Men, and many of the latter consisted of boys too young, and of men too old to render any immediate good service[.] But there they were to ration & pay for some days at least and no arguments would satisfy the officers that, if these companies were not complete, they were an incumbrance rather than otherwise;- they contended our Regiment is ordered out, and whether the men turn out or not, it is our duty to appear, and join our Corps! All this mischief will now be remedied; and, by attaching any number of Flank Companies to the Incorporated Regiments, you may have just what Force you require, and where you require it without a host of feeble supernumeraries. I enclose a General Return of the Sedentary Militia, according to it's [sic] present actual strength by which you will see the exact Number of Regiments in each District, and, by an inspection of it, I hope you will be able clearly to take up my idea. We have altogether 113 Regts-if, therefore, it be thought necessary at any time to call out the whole of the Flank Companies, you will have of course an augmentation of 11,300 men, all effectives, at least in bodily health; or, if a portion only be required, any given District will furnish such force as may be summoned; and these, being at once attached to the Incorporated Regiments, may be to a certain extent speedily trained. The whole is necessarily based upon our present Militia Laws, and I have endeavoured to make the best I can of that very imperfect code. You cannot form in Upper Canada, as you do in the Lower Province, a volunteer Force. Unless the danger be immediate, the men will not leave their Homes. Mr Alexander McLeod vaunted a good deal of the great deeds he performed on board the "Caroline", and the Yankees have taken him upon his own testimony. But I believe it is very certain he was not there-and, as he is exceedingly embarrassed in his circumstances, and altogether a scheming kind of gentleman, my belief is, tho' I certainly cannot prove it, that he has been nothing loath to get up a little excitement, and raise for himself not only a great deal of sympathy, but a little money. If you will suggest anything further respecting the Militia, I shall most cheerfully meet your wishes. In ten days more, I conclude, we shall have the Union proclaimed, and the die cast! You will, I hope, do me the kindness to accept my little charger, and I shall leave her with Major Fraser to be carefully forwarded to you as soon as the Navigation is open. She is high spirited, but a fine temper, and perfectly quiet with Troops. [Enclosure referred to is apparently item 1655.]

[1658] Jan. 18

.ARTHUR TO SYDENHAM:

LB.5, P· 385-387.

Government House, Toronto. [Marked "Private & Confl".] I received your letter of the 15th. at eleven this morning. Most sincerely do I regret to hear of your indisposition, and anxiously desire it may not be of long duration.

1841

ARTHUR PAPERS

251

You will have received my communications respecting Mr McLeod. Copies of the evidence which I sent to Mr Fox, I concluded he had forwarded to you, and therefore did not send additional Copies, but they are in the course of Preparation, and will be forwarded by Estafette tomorrow. The evidence taken on Mr McLeod's reexamination he has omitted to send; but I hope to receive it tomorrow and at the same time to hear of his being at Niagara on bail. The difficulties of moving in this case are just what you describe. It is not possible to take any step that is not open to violent political discussion hereafter. Under all circumstances, therefore, as soon as I received Mr Fox's letter, I thought it better to act upon my own responsibility. It was impossible to go even so far as I have gone, and to give bail,---Covernment indemnifying the sureties-without thereby to an extent recognizing the authority which is inflicting this injury upon a British Subject-and further, if Mr McLeod does not return to stand his trial, we shall assuredly be shouted at for paying a ransom for him. All this, in the present state of things, had better perhaps be visited upon me; whilst it will be open to you to take up the matter with a higher hand, and demand satisfaction for his detention &c. The first thing to be attended to after his release, of which I hope to hear tomorrow, will be to apply to the Court through Mr McLeod's professional adviser to get the trial deferred. The Right to Traverse I apprehend (but I will speak to the Attorney General upon it) extends only to cases of misdemeanour- and, in the mean time, H. M. Government will, I trust, be able to interfere effectually to interfere effectually [sic] and relieve you from future embarrassment respecting Mr McLeod's appearance to answer his bail. There has been a stupid American proceeding in Toronto upon the subject today, but it went off better than was expected. I enclose a copy of the Resolutions. The first intention was to have applauded Sir A MacNab, Captn Drew, and all the actors in the affair, and to have made a strong appeal to Govt in behalf of Mr McLeod, but happily they came to their senses in good time. [Footnote here reads: "The meeting was called by persons of all parties".] Mr Baldwins Address to the Electors of Toronto was forwarded to you on Saturday night. I regret the style of it, coming from an officer of the Government, very much; but he had never thought it necessary to communicate with me upon this or any other subject. [Enclosures lacking.]

(1659]

Jan.18

ARTHUR TO SYDENHAM :

LB.5, P· 387.

Government House, Toronto. [Marked "Private".] I forward to you by this opportunity copies of the correspondence respecting the Cataraqui Bridge, and the offer that has been made to convey it to Government. That you may fully understand all that has passed, I enclose also copies of the private notes between Mr Macaulay and Mr Marks who has behaved extremely well on the occasion. [Enclosures lacking except that items 1628 and 1631 were probably included.]

252 [1660) Jan.18

[1661) ]an. 19

1841

TORONTO PUBLIC LIBRARIES [CAPTAIN FREDERICK ARTHUR] TO

E[DMUND]

MURNEY:

Df.L. 3p.

Government House, Toronto. [Marked "Private".] I have the pleasure to acknowledge and beg to thank you for your letter of the 15th. January. stating that an Address had been adopted at Belleville in compliment to Sir George Arthur on his leaving this Province. I received at the same time a letter from Mr. Benjamin containing the resolutions passed at the Meeting at Belleville and I have answered in reply that it is not in Sir Georges power to say what time he will leave the Province as it entirely depends on the period when the Union will take place-and it is not decided whether we shall go by way of Lewiston & Rochester or by way of KingstonARTHUR TO SYDENHAM :

LB.5, P· 387-389.

Government House, Toronto. [Marked "Private".] In the course of the past night yours of the 16th Inst reached me-so that Weller seems to be doing the duty well as to time, though I know not exactly what he has bound himself to do. I am concerned to find you are still suffering. Patience and Flannel are usually recommended, but Colonel Talbot affirms that he has discovered an infallible for removing pain in all attacks of Gout. Now it is simple enough, and as he asserts it never failed with him, why should you not try it? I enclose the recipe. No tidings of Mr Campbell's proceedings have yet reached me, but I am in the hourly expectation of the result of his mission. As soon as we are in possession of all the information that can be had, the best course perhaps will be for me to address a detailed communication to you respecting the Caroline affair, and Mr McLeod's case in connexion with it, and then, if we cannot get the trial deferred, and you do not deem it proper that McLeod should return, your decision upon the subject contained in your reply to me might be published in the Courier-by which means your sentiments would be promulgated throughout the States. This would probably be the most open straightforward way of meeting the difficulty; but it appears to me that nothing can be well decided upon until we are more satisfied of the true state of McLeod's case. Mr Baldwin has circulated his Address today with a short note annexed-a copy is enclosed. The note I think very objectionable, because Mr Munro [i.e. Monro] does not offer himself in opposition to Government, and many of the Reformers are to support him. At all events Mr Baldwin has no right to assume that his personal party alone stand on the "administration interest"-had he omitted these words his note would have done no harm. Mr Baldwin's retirement has been followed by Mr Isaac Buchanan's presenting himself, and he has at once placed £ 1000 at the disposal of his Committee, but I do not believe he has so good a chance as the Solicitor General had, who has been far too hasty in the step he has taken. Buchanan is more likely to damage Mr Dunn than to succeed himself- at all events, he ought not to have been pushed forward without Mr Dunn's being consulted[.] I do not understand how it is that Hincks does not bring forward Mr Sherwood's Bank affair. Perhaps we shall see it in the Examiner

1841

ARTiiUR PAPERS

258

tomorrow. His Paper of last Wednesday was infamous, and he will not rest I fear until he has again excited both parties to extremes which he did his utmost to effect in 1837. [Enclosures lacking.] [1662) Jan.20

[1663) Jan. 20

[1664) Jan. 20

Ainmm TO CoUTTS & Co: LB.6, p. 149. Coot. House, Toronto. [Marked "Private".] I enclose a Bill of Exchange for £ 1500 drawn by the Bank of Montreal on Messrs. Smith, Payne & Co.- When honored, be so good as to place the same to my credit. My expectation is that the Union will be proclaimed about the 30th. instant; &, as I shall proceed directly to England, yr. acknowledgemt. of this, wd. not reach me in this country. We are all quiet in Canada, at present, the elections under the new regime will occasion some stir, but nothing I shd. hope beyond party contention and personalities wh. too generally are displayed at the Hustings. R. D. JACKSON: LB.5, P· 391. G01't, House, Toronto. [Marked "Private".] The Americans, most probably, will make a great fuss about Mr Money's proceedings of which you will find a full account in the Papers which I have just received. But he seems, whilst determined in his purpose, and rapid in his movements, to have done no violence to the sacred soil! I have no report yet from Mr Campbell, the Lawyer, whom I sent to Buffalo to look after Mr McLeod's affair, but hope to hear tomorrow morning that he has succeeded in his mission.

.ARTIIUR TO SIR

LB.5, p. 389. Gooemment House, Toronto. [Marked "Private & Confl''.] Whilst excitement is alive every circumstance feeds it. An occurrence has just taken place which may be easily magnified into a violation of the sacred soil of America by a British officer[.] I have just received a Report of the affair, and at once transmit a copy for your perusal- Perhaps you will think it right to allow a "Statement" of the affair to be published in the Courier. Ensign Money seems as determined in his purposes as rapid in his movements. I am much disappointed at not having received today any Report from Mr Campbell. I hope they have not incarcerated him also! Tomorrow we shall doubtless hear from him. Mr Isaac Buchanan's Address you will see in the British Colonist of this day. He is a great ally of Mr Harrisons who now begins to think what has happened will have a good tendency-but I cannot discover any solid foundation for this impression. The state of things is at present rather mysterious, arising most probably from heated imaginations. Mr Buchanan has always been the most violent assailant of Mr Baldwin's Politics- Now, on the Solicitor General's retirement, Mr Buchanan offers himself in his stead for Toronto, and the Reformers promise to support him, whilst, on the other hand, Mr Alderman Gurnett who is so utterly obnoxious to the Baldwin Party is a great friend of Buchanan's. [Enclosure lacking.]

.ARnnm TO SYDENHAM:

254

(1665] Jan. 20

[1666] Jan. 20

TORONTO PUBLIC. LIBRARIES AR'l'HUR TO SYDENHAM:

1841

LB.5, P· 390-391.

Government House, Toronto. [Marked "Private".] I enclose for your inspection a General Return of the Militia of this Province. It is prepared so as to exhibit the Totals in each District, and I am anxious to explain to you that, in order to prevent the recurrence, on any future emergency, of the great expence which was entailed upon Government in 1837 & 1838 by whole masses of people turning out with their Regiments, and demanding Pay and Rations, in some cases of boys too young, and in others men too old to be of any service, with a most disproportionate number of officers-I have directed two Flank Companies to be formed in each Regiment, of men not under 18 nor exceeding 40 years of age. This Force, if occasion should call for it, will give an accession of about 14000 Men all effective as to bodily health, and, being attached to the Regiments already incorporated, you have ready to work with a Staff, with officers and noncommissioned Officers able to assist in the drill and formation of this valuable reinforcement-which, in the course of a fortnight would be quite efficient Troops, compared with any Force that could be formed in the United States under their present system. As the five Battalions of Incorporated Militia are engaged to serve another year from April next, supposing all · fo be tranquil with America, as I expect it will be for two or three years to come, what would you think of locating some of these Regiments as Military Settlers on Grants of 50 acres upon some of our wild lands. As they must be paid and rationed at any rate until the 30th April 1842, the expense of settlement would be nothing, and, in the course of that time, every man might build his Hut, and clear at least ~ve Acres of land, whilst two mornings a week would, thoroughly instructed as they already are, keep them quite sufficiently in practice in all essential military points. If we should have the calamity of a War with America, our soldiers must be able to use the axe and the spade as well as the musket. · Twelve months pay and Rations with bedding and clothing the soldiers of the Incorporated Militia must receive, and any good settlement, formed by the same means, would, as it appears to me be so much clear gain to the country as regards it's [sic] prosperity and defence. If you think well of the measure, the foundation for the undertaking should be laid before the spring opens. The working season so rapidly passes away that every day will be of importance[.] [Enclosure referred to is probably item 1655.) SYDENHAM TO [ARTHUR]:

A.L.S. 2p.

Montreal. [Marked "Confidential".] I received yesterday by estafette your's [sic] of the 16th. & to day by post that of 15th. Inst.- I waited for the last in order to write. I think the conduct of Baldwin and his friends most absurd, but Mr. Harrison will show you what I have said to him about it, and I need not therefore repeat it. As I have no poll, I do not know what the numbers were which seem to have frightened these people out of their senses, but whatever they might be, there was clearly no good in resigning at the instant. Mr. Dunn must of course go on, if he means to be my Receiver General. The only thing gratifying to me is that

1841

255

ARTHUR PAPERS

this will pull down a little of the pride of the Ultra Radicals who declared last spring that Baldwin was sure in Toronto even without any Govt. aid. I am very glad to get the papers you send me about McCleod [i.e. McLeod] and especially as I observe that there is a chance of our being able to defer the trial. This would be the best thing of all, McCleod of course being out on bail in the mean time, as it would leave time for a settlement without compromising us by forfeiting his bail- I still think that it would be imprudent to allow him to answer to it and take his trial in Feby- however you must be able to judge of his chances better than I can. Under the steps you have taken for putting in bail, and for getting the trial postponed, which last I think you had better again urge upon Mr. Campbell, we shall however have time to decide upon the propriety of this course. I do not write to you officially upon the matter, but I shall be very anxious to hear Mr. Campbell's report. Can you arrange matters so as to let me have Harrison down here for a few days about the end of the month and I think that the Atty. Gen. ought to come down too a day or two before the proclamation of the Union in order to see that all is right with regard to Upper Canada. I should think that I shall be able . to proclaim it about the 5th. or 6th. Feby... [P.S.] I am better, but still confined to my room, and write with difficulty. [1667]

Jan.20

SYDENHAM TO [S.

B. HARRISON]:

A.L.S.

3p.

Montreal. [Marked "Confidential".] I received yesterday your's [sic] of the 15th. & 16th. by Estafette. Mr. Baldwin's resignation seems to me an act of great folly. If his standing for Toronto and losing it deprived him of a seat in Parlt., there might have been some reason for his retiring; tho' even then I should have thought the moment most inopportunely selected; but this I am told was not the case as he was sure of having Norfolk in case of his failing at Toronto. Cui bono his retiring then? To avoid a beating? Why he has given his opponents ten times as great a triumph as he would have done by going to the Poll! To secure Mr. Dunn? It would seem from what you say certainly not, since he wishes to go too. To make way for a safer candidate? Scarcely that, for it is impossible to suppose that after such a confession of weakness on the part of the party, any new man could now succeed. I confess that your Tactics on this side of the Atlantic puzzle me- His address is mere stuff, and will deceive nobody. However it is useless to lament over .what has been done. The only good effect may be that it will take down, if anything can, a little of the pride and exaggerated self importance of the Ultras in TorontoLet us look to the future. Mr. Dunn must of course stand-: l should look on his retiring now as an act of insanity, for after all if the worst came to the worst he could but be beaten at the poll, which would be nothing in comparison to the disgrace of a retreat without daring to go to the Scratch. I consider Mr. Dunn's standing therefore as beyond all question, unless it is intended that I should re-arrange the Govt. on Tory principles, and apply to the heads of that party to fill the offices- The question of

256

TORONTO PUBLIC LIBRARIES

1841

setting up a second candidate should be determined mainly by the effect which it will have upon Mr. Dunn-and of that I am no judge. You must well consider it in that view. Where a man is personally popular as is the case with him, there is frequently great advantage in being the third man. He gets the split votes of both his opponents beside his own plumpers. But this depends upon the habits of the place and I don't know what they are at Toronto. On the other hand, if you can find a good man to run second to him, Mr. Dunn's popularity might secure himself good support in this way, and his split votes, joined to what this Candidate could himself obtain from the other party might bring us in two. It is in fact a matter of calculation to be made only on the spot with any accuracy, but in making it consider Mr. Dunn's return as your first and great object. I have not heard from Mr. Dunn, but you may tell him what I say in my own words. I care nothing for the Corporation triumph as it is called except so far as it has produced this foolish move of Baldwin's, for I do not believe that there are six people out of Toronto who care for the opinion of that City. My tour convinced me of that, and might I should think have convinced the Toronto-ites of it. I am glad ·to hear what you say of Hamilton. If McNab [i.e. MacNab J could be got out of the way it would be a very good thing. You are quite right to keep as clear of all this Corn row as you can. Tell them that you will use your best endeavors to get the duty taken off their produce in England. I am trying hard at that, tho' I fear the English Landlords will object greatly. I shall require you here shortly, but I will give you a few days notice. The Union must be proclaimed before the 10th. or 12th. of Feby and I shall want some Upper Canada assistance to see that all is right. [1668] Jan. 21

[1669] Jan. 22

R. D . JACKSON: LB.5, P· 392. Govt. House, Toronto . I beg to enclose & to recommend to your favorable attention a Memorial from Mr McGregor [i.e. McGrigor] who prays to be appointed Paymaster to the Royal Canadian Regiment. This gentleman is in every respect a most deserving person, and from his long service in the Commissariat Department, as well as from his subsequent employment in the Inspector General's Office in this Province, is no doubt particularly well qualified to fill the situation he solicits. Mr McGregor learns from England that the patronage of this Royal Regiment is to be given to you; and hence it is that I am requested to become a supplicant in behalf of the nephew of my old friend Sir James. [Enclosure lacking.]

ARTIIUR TO SIR

ARTIIUR TO

[W. H.]

HAMILTON:

LB.6, p. 150-155.

Govt. House, Upper Canada. I thank you much for your letter of the 2nd. December, which is the last I have had the pleasure to receive from you . . . [Refers to Charles and Edward Arthur's characters, and to personal business affairs. "It seems strange that there should be such a reluctance to

1841

ARTHUR PAPERS

257

investing money in Australia wh. is infinitely more safe than the United States, or these Provinces."] What will be my ultimate destination it would be difficult to say, but I will annex to this letter the copy of the last note which I received from Ld. J. Russell by which it would appear that Govt. are well disposed towards me-& I have reason to know that the Governor General begins to be a little uneasy at the consequences of my departure & I suppose will express Himself as strongly of the sense He entertains of the Service I have rendered the Country, as I could desire. As to the very day we may leave this, it is impossible for me to say- but, I think, the Union will be proclaimed about the 1st. of February, & we shall start for New York as soon afterwards as possible. In fact, all the information I have, is contained in a note which I received a month ago from Ld. Sydenham. it is enclosed, only be so good as not to destroy it, as, in this queer world of ours, · even a common place note sometimes turns out to be important. Upon the information, however, which this said note conveys, my speculation is founded that we shall be on the move in the course of ten davs more; & therefore, some provision for a residence becomes absolutely necessary- The favor I would beg of you is-that you would take a house for me somewhere! .. [Discusses location and kind of house; prefers Bath.] I intend to send off my Plate to New York a few days before we start & as it may be as well to ask to get the duty remitted upon it, I will sketch off a despatch as soon as I have closed this & will forward it at once. You had, I think the drawback allowed on Shipping it & it is therefore a bit of presumption not to repay the same-but then I believe, you expended the drawback in making the Service complete; & I am subjected to a heavy loss by having the period of my Govt. shortened[.] Since my appt. I have expended nearly £ 6000 beyond any Salary I have received. These are circumstances which Ld John Russell ought in fairness to take into consideration & will do so perhaps unless my application is without precedent. I observe, there is in the Montreal Gazette of the 14th. inst. which I received today a very complimentary article upon my administration. I do not know the author, but understand it is some one about Ld. Sydenham. I will send you a copy and you would do me some service perhaps, if you could get it noticed in the "Times" or "Globe" with an observation to the effect that Ld. Glenelg deserves credit for the Selection under the difficult circumstances of the country. I think I should prefer an anti ministerial Paper. I do not know how these matters are managed-but any expence I should not regard, because as H. M. Govt. altho' they have written me such strong flattering letters have not yet given any public testimony of their approbation, no one at Home knows whether I return with credit or otherwise.. . . [Again refers to location of house.] [Enclosures are probably items 1546 and 1603.] [1670]

Jan. 22

SYDENHAM

TO

[ARTHUR]:

A.L.S. 2p.

Govt. House, [Montreal.] [Marked "Private & Confidential".] I have your's [sic] of the 18th. & 19th. Instt. I am very glad to see the offer made by the Shareholders of the Cataraqui Bridge. I will consult the Ordnance and Killaly about it, and let you have an official answer as soon as possible.

258

TORONTO PUBLIC LIBRARIES

1841

Baldwin's letter is a very foolish one, but only of a piece with the whole proceeding. So I see that there is a hitch about his getting in for Norfolk. It wd. be rather amusing if the great gun of that party did not find a seat after all. I suppose Hincks wd. attribute it to my unpopularity. We are quite agreed about Mc.Cleod [i.e. McLeod]-to wait for Campbell's report before deciding the final point of his appearing to plead. I am in hopes that my Special Council will have done their work in a few days, but even if they have not, I shall throw them over as it will never do to delay the Union any longer. I should therefore like to have one of the Law Officers and Harrison down here for a few days in order to see that all is right as regards Upper Canada about the 1st of the next month; the end of next week even, would be better if they can get down, because after they arrive it will probably be necessary to communicate more than once with you and the 10th. or 11th. Feby. is I believe the 1.atest day at which the Proclamation ought to be out. Will you be able to spare them? If so, pray give them directions to come down, bringing with them any points or information upon which they may foresee any c!ifficulty. I shall not detain them long. Many thanks for your Gout Recipe. Coll. Talbot must have more patience than I have, if he is satisfied to wait for the results of such a remedy. [1671] Jan. 23

ARTHUR TO SYDENHAM:

LB.5, P· 392-396.

Government House, Toronto. [Marked "Private".] I detained the Estaffette last night in order that I might have the means at my command of transmitting without delay any information received from Mr Campbell, whose continued silence caused me no less surprize than annoyance. At length a letter from him [marginal note reads: "No I"] has been received by the Attorney General, and I have cause to be deeply dissatisfied with him in every way. In the first place, he pledged himself to set off immediately after receiving the Attorney Generals letter. Had he not done so, Mr Acland, who was the bearer of it, was instructed to proceed-but, in the face of this pledge, he postponed the business altogether from the 14th to the 17th Inst-3 days! Messrs Gardiner [i.e. Gardner] and Bradley, who were the professional persons already employed by Mr Alexr. McLeod, were recommended also to Mr Campbell, "as the best qualified to undertake business of so much importance."- This was fortunate because it is essential to keep McLeod as the Principal in his own affair. Such is the spirit of intimidation in the States that it has proved a matter of some difficulty to get any sureties- at length, however, Mr Gardiner, who is represented as acting energetically in Mr McLeod's behalf, has procured two-the one Mr Brotherson of Lockport, and the other a person of respectability, a resident at Rochester. The only demur raised by these persons regards their own security, as they do not consider the Attorney General's letter sufficiently protects them. Mr Campbell should at once have shewn that letter to Mr Street-Mr Hamilton-or Major Melville, all resident upon the Niagara Frontier, and these gentlemen, I am persuaded, would readily have given the

1841

ARTHUR PAPERS

259

covering security required, and if the Americans would not take the security of these persons, there are none in the Province better known on the Frontier. It is in vain, however, to discuss what Mr Campbell should have done. His letter was delivered at 12 0 Clock today and I have not lost a moment in taking other steps as you will perceive bX. my Instructions to the Attorney General [marginal note reads: No. 2".] Mr Brough, who is the Attorney General's partner, has gone off express to Lockport with a Bill drawn by the Bank of Upper Canada upon Prime Ward and King of New York for £ 1250 which will cover the bail and expenses, and this it may be hoped, will effectually relieve Mr Gardiner from the only difficulty he represents to be in the way of procuring respectable bail. But to guard against further disappointment and delay, Mr Brough has letters for, and is instructed to apply to, the gentlemen I have already named resident on the Niagara Frontier, requesting them under the Guarantee of Government to become covering sureties to persons giving bail in the States, if required. By one of the two courses I have mentioned we cannot fail of success unless Mr Brough is as poor a creature as Mr Campbell has proved. But you need not, in addition to other cares which press upon you just now, be under any serious anxiety about the result of Mr Alexr McLeod's case. I am now quite convinced that Alexr McLeod was not at the affair of the Caroline; and it is evident he has been mistaken for one Angus McLeod,-perhaps his brother,-who was! In addition to the testimony of many of our own people, I find in the Papers transmitted to the United States Government by Mr N. S. Brenton United States Attorney, who was specially ordered upon the service by Mr Forsyth, that Angus McLeod was one against whom "an indictment for murder had at a late term of the Countv Court been found", but no mention is made of Alexr McLeod. , I received a letter yesterday from Mr Fox who says that he has obtained information that there is an American Judge named John McLean who was at Chippewa on the night of the attack upon the Caroline,-and states "that he saw Mr McLeod at Colonel McNab's [i.e. MacNab's] camp, and knew from his own knowledge that he was not engaged in the affair"[.] Mr Fox thinks it might be useful to discover whether such a person was known to our people, and I have readily ascertained that this said Judge John McLean of Ohio was with Sir Allan at Chippewa, and gave him the first information that could be relied upon respecting the movements of the Caroline. This persons evidence will be invaluable, and in my opinion we shall be able clearlv to establish Alexr McLeod's innocence. The trial cannot come on before the 4th. Tuesday in March, and then from the usage of the American Court, Mr Draper considers it certain we shall be able to get it deferred, if it be deemed advisable, so that there will be ample time, after a deliberate examination of all the evidence to sustain the defence, to determine upon our future course. I enclose copies of the evidence ( to which is annexed some correspondence) upon Mr McLeod's case, sent to Mr Fox [marginal note reads: "No 3"], which you desired to see, and I also enclose copies of a mass of evidence upon the circumstances connected with the destruction of the Caroline [marginal note reads: "No 4"], which, in

260

TORONTO PUBLIC LIBRARIES

1841

anticipation of some day of reckoning, I caused to be collected soon after my arrival in Canada, and transmitted to the Secretary of State in 1839, with the exception of the last deposition, that of Samuel Wood, an American which you will find remarkably circumstantialI hope Mr Brough will be far more rapid in his movements than Mr Campbell was-I have had a long conversation with him, and instructed him to use all dispatch, and to communicate to me by express as soon as Mr McLeod is released; whilst he remains himself to collect evidence upon some points _which are important; especially I have suggested to him to see "Appleby" who was the Master of the Caroline, and is I believe more disposed to speak out the truth now than he was three years ago. If this is well managed we shall completely overthrow Forsyth. Was there ever such a mob to deal with in the civilized world before as the United States presents? We should ever be on our guard here with all the means required for active Warfare, until a better spirit has been infused into that community[.] I have had the pleasure to receive your Confidential of the 20th., and have also read your letter of the same date to Mr Harrison who is not a little struck with the remarkable coincidence of your sentiments with those which I had expressed to him during the week upon the same subject. Mr Harrison will proceed in a few days to Montreal as you request, and the Attorney General will follow him. [Enclosures lacking.]

(1672) Jan. 23

W. H.

DRAPER TO ARTHUR:

A.L.S.

3p.

Toronto. Having considered the confidential correspondence submitted to my perusal by your Excellency with reference to the case of the Caroline together with the enclosures and paper connected with that subject-it has occurred to me to suggest for your Excellencys consideration that there is a point relative to the question of Jurisdiction which does not appear to have attracted attention[.) I am not sufficiently acquainted with the American laws regulating the Commercial intercourse of their citizens with other countries or which define the limits between the Jurisdiction of the General Government and its Courts- and that of the State Governments and their Courts to form any decided opinion- but I am under the impression that Officers of the General Government are appointed to superintend and enforce all matters falling under that part of the law which relates to Navigation to and from and trade with foreign countries- and although it may be within the competence of the State Courts to try offences of a certain character committed within the ports or waters of the particular State-that nevertheless if the offence or matter to be enquired into is directly connected with the laws above referred to it would fall within the cognizance of those tribunals before which questions affecting the General Government are tried[.] Under this idea I have imagined that as the Caroline was employed in the service of persons in arms against Her Majesty in this province transporting men and munitions of war from the United States to an island in Upper Canada-and as such employment was in violation as well of the law of nations generally as of the particular relations

1841

ARTHUR PAPERS

261

of peace and amity subsisting between Her Majesty and the United States,-an offence was thereby committed which would not only render the parties engaged amenable to punishment, but the vessel herself to condemnation. And I have further surmised that the Cognisance of such a matter could not belong to the tribunals of any separate State of the Union being an offence in a particular relating to the General and not the State GovernmentIf there is, in the laws of the United States any solid foundation for this view of the case then it seems to me not unreasonable to conclude that in a matter arising out of an attack upon a vessel, within the waters which she navigated in the prosecution of Her illegal voyage and employment-a similar principle as to Jurisdiction might apply and the whole subject would consequently be one with which the Government of the United States is alone competent to deal[.] I submit the foregoing remarks with great diffidence-trusting howeven that in a question of such importance I shall be excused, by my anxious desire to omit nothing that can by possibility be of service even if the suggestion I have hazarded in this instance should prove erroneous. [1673) Jan. 28

[SIR] R. D. JACKSON TO ARTHUR:

A.L.S. 4p.

Montreal. [Marked "Private".] I have to offer you my best thanks for your letter of the 18th. covering a Return of your sedentary Militia, and communicating your Plan for culling from it the most efficient portion of its strength- It appears to me the best that could be devised in every way in which it is viewed. I have this morning received your letter of the 20th. Int. covering papers relative to Mr. Moneys incursion across the border of the "sacred territory" and regret that He did not leave Mr. Brooks there who seems so well qualified to become a "free and enlightened Citizen" of it. This affair is only a slight ingredient in the Cauldron boiling over in the political kitchen at Washington; around which Messrs Fox & Forsyth are very like the old Ladies in Macbeth. I do not think it probable that a War will result from what has taken place yet; although I have to day a copy of a letter from our Consul at Portland to Sir John Harvey saying that "the Legislature of Maine" (which met on the 9th.) are determined upon "action." Will that illustrious Martyr Mr. Mc.Leod take bail? I should not be surprized if He refused the proferr'd liberation; a great deal of notoriety, and a little money would compensate for a few months of Sing-Sing. You do not give me any intimation of the probable time of your departure from this Country-& I cannot help thinking it will be delayed 'till the Spring; whenever it takes place, it will be matter of sincere regret to me both on public and private grounds[.] You will, I have no doubt, be placed soon in a more pleasant situation, and I shall truly rejoice at it.- If however circumstances should keep you in England 'till the time when my release takes place Lady Arthur and Yourself will allow me I hope to renew intercourse that, it is pleasing to me to think, is founded on mutual esteem. I shall value Miss Paget most highly, and as I believe She was a favorite with your young Ladies as well as yourself, They may be sure

262

TORONTO PUBLIC LIBRARIES

1841

of her being taken care of, not only by me, but so far as I can ensure it, by whoever possesses her after me. I am very much obliged to you for thinking of me on this occasion, and Fraser will execute his charge well-I am sure.

2p.

(1674]

CHA[RLE]S PRESSLY TO ARTHUR:

Jan. 23

Stamps and Taxes, London. [Marked "R6068-40".] [Acknowledges receipt of item 1503, enclosing copy of receipt for £ 14.10, for taxes on establishment at Feltham. Points out that this receipt is for taxes for 1836-37, and reiterates request for payment of £ 17.10 for 1837-38.] JOHN PRINCE TO s. B. HARRISON: L.

(1675]

L.S.

Jan.23

The Park Farm, Sandwich. [Marked "Copy."] By this mail I send you my answers to the "Questions" on Emigration. I trust they will be published in England for the benefit of my own Species. Most cheerfully would I have given £ 1000 for such information before I quitted the Shores of my native land for this wretched and unprofitable Hemisphere. [Enclosure:]

[1676]

1841 Jan.23 JoHN PRINCE: D. hdw. on printed form. The Park Farm, Sandwich. For the information of emigrants with capital, intending to settle on land.

Questions. 1 I. What is the smallest quantity of land which can be bought of the Government in the Colony?

Answers. One hundred acres, except in particular situations which need not be mentioned here.

2. What is the upset price? and, if this varies, what is the average?

Two dollars or ten Shillings Currency per acre, but all wild lands are dear at nothing.

3. What is the average price actually fetched by ordinary country lands?

ditto-and from that to three dollars per acre.

4. What is the average price of land partially cleared and fenced?

Five dollars per acre- No man who clears and fences land ever sees his money again, if he wants to sell.

5. ls it easy, and not expensive, to ascertain the validity of titles to private lands?

It is easy with legal advice but not otherwise. The expense is trifling compared with what it is in England.

l'fhe schedule of "Questions" is printed; the "Answers" are inserted in manuscript.

1841

263

.ARTHUR PAPERS Questions;

Answers.

6. What is the cost per acre of clearing waste lands ready for the drag or harrow?

Twenty dollars or £ 5. Currency per acre, which includes chopping, logging, burning and fencing.

7. What kind of lands cost most in clearing?

Those which have the heaviest & most thickly grown timber on them.

8. Can a capitalist, on arrival, immediately see, by list and charts in the office of the Crown Land Commissioner, or the Surveyor General, what lands already surveyed are open for sale?

Nothing is more difficult. The whole system is bad, & very, very far inferior to the plan adopted in the United States for the information and guidance of Immigrants. A person may spend in loitering at Toronto or elsewhere £ 50. before he can acquire what he wants under this head.

9. If the lands applied for be not surveyed, can they be occupied first, and surveyed after?

The occupier would be a trespasser, ab initi3]; Special Coun., (834, p. 191; 853, p. 202] Constitution-U.C.: does not work well, (187, p. 153]; proposed changes, (309; 910, p. 248, p. 254; 9ll; 912, p. 255; 913, p. 259]; Durham intends no change, [316; 317]; Union Bill to maintain,

f

1070]; ministers dare not suspend, [1181] Constitutional Association of Quebec: opposed to Union, [902] Constitutional Society of Montreal, [187, p. 178] Constitutionalists, (1317, p. 47; 1427]; Head supported, [10; 187, p. 166; 967, p. 300]; powerful, (252, p. 230); offended by Durham Report, [768; 805; 813; 821; 953, p. 290]; A. explains, [794, p. 16.'3; 795; 968]; feeling against Reformers, (821; 968]; divided on Resp. govt., (866); supported by A., (953, p. 290); watching Thomson, [977; 996]; members in H. of A., [1007); thrown into opposition, (1048]; undermined, (1070]; do not approve A's measures, (1266, p. 14) attitude to Union, [1317, p. 48; 1367); firm hold must be kept, [1326); must not be forced, (1385; 1386]; Draper only leader, (1427); bitter re Thomson, [1465]; split with Hincks, [1724); see also Conservatives; Family Compact Cootes Paradise, [1877, p. 415; 1878] Corbett, Angus: elected pres. 93rd Highlanders Savings Bank, (1808] Corn, see Wheat Corn Law-Great Britain: before Parl., (639]; victory in H. of C., [702] Cornwall, Nathan, [756, p. 142]; politics, (1007] Cornwall, (756, p. 137; 1281; 1756]; Strachan's school, (158, p. 99; 159]; to raise militia, [217; 253; 368; 398]; Durham at, (245); arms depot, [357]; arms sent, [505); should have batt., [695); can supply men, [699]; A. to visit, [791]; Tucker rouses people, [805); politics, [1007]; batt. headquarters, [ll76); Prov. of Can. election, [1544; 1552; 1559, p. 179] Forces: Militia: [351; 357, p. 304; 806, p. 173]; Glengarry Regs., [750, p. 128, p. 129; 806, p. 173); 3rd and 4th Regs., [695]; Incorp. Batt., [1217); Provisional, 3rd Batt., [423; 695; 750, p. 129]; Provisional, 4th Batt., [695); Provisional, 5th Batt., [695, 1558]; Provincial Artillery, (750, p. 129]; Stormont, 1st Reg., [42:1; 750, p. 129) Regiments: 73rd, [49'.'3] Cornwall Canal, [740; 741) Costello, --: knew W. P. Smith, (1620] Coswell, see Coxwell Cote, Cyrille Hector Octave: accompanied by armed persons, [33]; escaped, [443); at Swanton, (605; 611, p. 4); reports of brigands' movements, (833)

INDEX Coteau du Lac, [454; 1895, p. 4:32]; important point, (357); to raise militia, [398); occupied by volunteers, (756, p. 136]; Carmichael at, [942); Thomson visits, [1444); dispatch station, [1654) Forces : Militia: [368; 1241); Glengarry Regs., [740; 741 ; 750, p. 128; 806, p. 173; 1201); Incorp., [1217] Cotter, James: recommended for Leg. Coun., [270) Cotton, - , [1251; 1874; 1875] Couper, George Letters from : A., [264) ; Capt. A., [291; 306] Letters to : A., (288; 289) ; Halkett, [292) Courier, [1530; 1544; 1635; 1661; 1664; i702; 1752; 1756; 1768; 1796; 1829) Courts: A.'s appts., [1824 ; 1827] Courts, Appeal: in Union bill, (912, p. 257] Courts, Chancery: to sit in Toronto, [1740; 1741 ; 1757]; Cl. appt., [1755]; A.'s appts., [1827] ; Law Society asks return to Toronto, [1945]; not extended to all Can., (1946] Courts, Enquiry : to try Cronyn and Muttlebury, [1164; 1166); opinion sent to Thomson, (1232) Courts, Impeachment, proposed by: Colbome, [883]; Hagerman, [912, p. 257]; A. , (967, p. 304] Courts, Oyer and Terminer: froposal to admit some prisoners, [56 Courts, Probate : A.'s appts., (1827) Courts, Queen's Bench: opinion re punishment for contempt, [912, p. 2.57) ; Hagerman's appt., [1099; 1100-1104; 1106; 1109; 1111; 1179; 1358] ; Robinson framing rules, (1200, p. 442] Courts, Request, [1944] Courts, Supreme, see Supreme Court Courts Martial : Sutherland, [108; 109; 119, p. 71; 125]; A. decides on (237]; at Kingston, (474; 475; 549; 590; 592; 598; 603]; London, [545; 546; 590-592, p. 476; 601; 602]; Montreal, [558; 606] ; proceedings go to Draper, (577]; site questioned, (590] ; nearly over in U.C. , [627] ; Macdonald advised to avoid, [643; 673; 767; 782; 801; 839] ; favourable impression in U.S., (651] ; Maj. O'Connor, [840; 1293-1296; 1314; 1315; 1325; 1328; 1330]; Love appt., [846] ; Cobourg prisoners, [866]; simlification proposed, [1155]; Carrol, 1309]; Armstrong, [1381; 1385; 1386; 1422]; Chippawa incident, [1510; 1529]; Drew, (1556; 1587]; Brooks, [1762]; report of trials, [ 1853] Coutts and Comp.: accts. with A., [409;

f

533

411; 550, p. 4'36; 610 ; 611 , p. 5; 616; 819; 820; 829; 928; 1010; 1429-1435; 1535; 1662] Covernton, James : sends letter re Langs, [1577, p. 190] Cowell, Capt. --: commended by Wetherall, (1401] Cox, George : complains at militia order, (624] Cox, John: complains at militia order, [624] Cox, Lt. Col. William : to replace Anstruther, (217] ; carries dispatch, [219]; reports disaffection, [307]; usefulness considered, (815, p. 180]; wishes transfer, [ 1165] ; remarks on elections, [ 1724) Letters from: A., [450; 742] Letters to : A., (307; 1165] Cox & Co., (1305] Coxwell, William H.: accepts affidavit re Theiler, [136] Cramahe, [833) ; disaffection in, [756, p. 139); landing point for brigands, [815, p. 179) Crawford, Capt. - - : command Cornwall comp., [695; 740; 741 ; 750, p. 129); Indep. Comp. will volunteer under him, (1281) Crawley, Lt. Henry Owen: ordered to dislodge enemy at Prescott, [449] Credit River Indians, [166, p. 112] Creighton, Lt. Col. Ogden : reports brigands on Grand Island, [208, p. 202]; military appt., [296; 308; 310] Crellen, James, acct. with A., [1429-1435] Crimes: report on trials by ct. mar., [1853) Crittenden, John Jordan: in McLeod case, [1865) Croker, John Wilson, (961] Cromwell's Mills, [58) Cronyn, Rev. Benjamin, [627]; claim for salary, [1585; 1739] ; connected with Orangemen, (1724; 1752] Cronyn, Capt. T.: tried, [1164; 1166) ; retired by resignation, [1232; 1235] ; dinner for, [1301; 1340; 1341]; allotments in London, [1384] Crookshanks, Col. - - : reports bad spirit in interior, [1230] Crouse, Dr. John B.: complained of, [1796; 1797] Crowe, John B.: appt. Judge, (1827] Crowland: disaffection in, [44] Crown lands: defalcation of funds, [12-14; 107; 112; 1601]; Sullivan on, (187, p. 145-147, p. 150, p. 156]; interference by Durham, (308, p. 270]; grants for militia suggested, [429]; in Durham report, [668, p. 56, p. 61]; in union agreement, (1000] ; jobbing and delays, [1072]; Light's grant, [1285, p. 26); Hopkins' grant, [1557); revenue, [1585;

534

INDEX

1586); transfer to Clergy Reserve fund, [1635; 1678; 1728); comr. in Ex. Coun., [1756); comr. appt., [1890, p. 428) Crown revenue: balance, [1540; 1728); use of balance, [ 1552; 1559, p. 179, p. 189, p. 191; 1577, p. 189, p. 191; 1579); Indian annuities chargeable to, [1579) ; charges against, [1585; 1596; 1678, p. 273); sum to pensioners, [1602); transfer to military chest, [1624; 1703; 1719; 1722; 1724; 1728; 1739); refunds, [1635); see also Clergy Reserve fund; Finances-U.C. Crysler, --: concerned in Chippawa incident, [1529, p. 159; 1530) Cubitt, Col. Edward George : reduced force, [558); not well, [617) Cubitt, Henry : commended by Macdonell, [772) Cumming, George: appt. Judge, [1827) Cumming, James: considered for Leg. Coun., [541, p. 428) Cummings,--, [686, p. 77) Cunard Line, [1946) ; regularity wonderful, [1909) Cunningham, Cornelius : convicted, [627) Customs, see Tariff Cuthbert, James : commends Mrs. Mann, [921) Cuvillier, Austin : complains re U.C. debt, [1793) ; Speaker of H. of A., [1883); not to be trusted, [1888, p. 425; 1889) Dalhousie, Earl of [1942) ; refused to confirm Claus grant, (665) Dollar, --: endorsed by Hincks, [1087) Dalton, Thomas: poor creature, (1195); given another trial, (1197) ; sends A. letter from Head, [1528) ; death, [1540); see also Patriot Dalton, Mrs. Thomas: carries on Patriot, [1540) Daly, --: corroborates statements re U.S. plans, (357) Daly, Dominick, [1965, p. 497); appt. Civil Sec., [1740; 1755; 1868; 1869] Daly, Mrs. Dominick : A. sends cheque, (1981) Daniel Webster, Str. : secured for Lake Erie, [489; 491 ; 494 ; 501); seriously damaged, (516) ; ready to leave Grand River, [517; 519); claims of owners, [1871; 1873) Daniell, Col. Francis A. : friend of Gardiner, [141) Daniell, Capt. Henry: commended by Gardiner, [141) Darlington, Robert: complains at militia order, [624) Darlington : armed police, [336, p. 286); families of U.S. origin, [756, p. 139) Davemay, see Duvemay

Davidson, John: afpt. Comr. Crown Lands, [1890, p. 428 Davies, --, [1694) Davies, James: complains at militia order, (624) Davies, R. R.: re Sullivan, [147) Davis, Capt. Edward Favell: wants military employment. (235); good settler, [268]; recommended for Leg. Coun., L270] Davis, Wellington: affidavit in l't. Huron incident, [1188; 1189] Day, Charles Dewey: opposed by Baldwin, [1775; 1783; 1820J; sworn into office, [1793] Dearborn, Mich.: arms sent to arsenal, [500) De Blaquiere, Charles : military appts., [1044; 1248; 1345; 1527; 1962) De Blaquiere, Peter Boyle, [1783) ; recommended for Leg. Coun., [51, p. 31, p. 32; 270]; offers to serve in military, [479]; offered appt., [979; 990) ; requests appt. for son, [1044; 1248; 1962); suggests Lapenotiere as returning officer, [1777) ; opposes Naturalization bill, [1912, p. 442]; enforced Municipal Act, [1962) Letters from: A., [479; 979; 1044; 1248; 1345; 1734; 1735) Letters to : A., [990; 1962) De Blaquiere, William : in Bombay, [1962) Debts, Public: accumulation, [187, p. 144, p. 150]; temporary in U.C., (910, p. 244); condition of Union, (1000; 1001; 1070; 1072]; U.C. overwhelmed by, [1042, p. 345, p. 347; 1043); owed in London, [1337; 1376; 1540; 1577); amount uncertain, [1579); report, [1841); addition to, [1939]; see also Finances-U .C. De Burgh, Lt. J. H. : efficient barrack master, (1455; 1970) Deedes, Maj. Henry : replacement Reid, [478; 591); commands comp. of 34th, (545; 546; 579) Defence of U.C.: J. S. Macaulay's suggestions, [117; 259); obligation of Gt. Br., (238; 253; 500; 525; 528, p. 417; 533, p. 421 ; 568] ; discouraged invasion, [640, p. 27, p. 31); system faulty, (658); lack of, (668, p. 65) ; necessity admitted, [834, p. 192); needed for security, [867) ; Ward's proposals, [1318) ; A.'s proposals, (1877-1879); see also Border warfare; FortificationsU.C. Degele, (18181 Deichmann, Capt. Carl Frederick, (1239] De la Hooke, James; recommendation fur sons, [690; 691 ; 763) Delano, Leonard: ordered for execution, [598) Delaware: Indian mission, (580]

INDEX Delawau, 5th Earl, [72) Delino, see Delano Denholm, George: on comm. for dinner to A., [1704] Dennis, John: complains at militia order, [624] Deputy Clerk of the Crown: vacancy, [1211; 1221; 1236) Deputy Governor, see Arthur; CanadaDeputy Gov. Deputy Serjeant at arms: office vacant, [1211]; in gift of govt., [1221); Chisholm suggested, [1236) Derbishire, Stewart, (1593; 1728; 1796); warns of attack, [815, p. 180]; collects info. in U.S., [821); credulous, [833]; statements valuable, (835]; objects to publication of letters, [1355; 1373]; article in Courier, [1544; 1756]; appt. Queen's P.rinter, [1936; 1939) Letter from: A., (1355) Letter to: A., (1373) Dereham, [58] de Rottenburg, see Rottenhurg Desbarats, Georges Paschal: appt. Queen's Printer, [1936; 1939] Desertion: to be guarded against, [139, p. 89); attempts to check, [153; 170, p. 119; 310; 320, p. 279; 336, p. 287); from Regs., [294; 320, p. 279; 366; 377; 389, p. 325; 1217; 1381; 1385; 1386; 1409; 1414; 1445; 1762]; not checked by high pay, [403); high price of clothing a factor, [815, p. 181); cause of, [1273; 1329]; arrangements with U.S., [1297); "watching" system, [1414; 1445; 1500; 1733; 1762); not as bad, [1477; 1762); number, [1854) D'Este, Sir Augustus Frederick: career of W. P. Smith, [1626; 1830]; originates subscription for W. P. Smith, [1915; 1916] Letters from: A., [1830; 1915; 1916] Letter to: A., [1626] Detlor, George Hill, [756, p. 138]; politics, [1007] Detroit, Mich.: population incited, [178, p . 124); attacks from, [212; 611, p. 3] Johnston at, [219]; headquarters of H.L., [417, p. 343); U.S.A. post, [422]; arms collected near, [493; 500; 931]; Patriots collected at, [512; 516; 520; 592; 596; 611, p. 3]; Tueller at, (529531; 659; 761]; brigands moving to, [531]; border incident, [628--632; 635]; Scott to visit, [969]; should be assailed in event of war, [1877, p. 415; 1878] Detroit River, [543; 558; 592; 611, p. 3]; force needed, [336, p. 287; 344]; navigation open, [361]; steamboat station, [740; 741] De Witt, --: Woodruff sees, [1087]

53,5

Dewson, Surgeon A. R., (1341, p. 62) D'Hotman, Madame, [1168] Dickinson, Capt. J. Esten, [278] Dickinson, Maria: commends Henry Gray, [278] Dickson, Robert: recommended for Leg. Coun., (270; 541, p. 429] Dickson, William, [270, p. 243] Dieckman, see Deichmann Diggle, Lt. Col. Charles: re Edward A., [905; 938; 1417] Disaffected: questionable to give them arms, [477]; overawed by display of force, [596]; did not join Ams., [640, p. 31; 686, p. 81]; continue to agitate, [833]; agreement with brigands, [856, p. 205] Disaffected places, see Ameliasburg; Ancaster; Bastard; Belleville; Bertie; Burford; Cramahe; Crowland; Dumfries; East Gwillimbury; Ekfrid; Grenville County; Haldimand County; Haldimand Township; Hamilton; Humberstone; Johnstown District; King; Lloydtown; Long Point; Lower Canada; Mosa; Murray; Pelham; Pickering; Rawdon; Reach; Richmond; Scott; Sidney; Waterloo; Western District; Whitby; Willoughby; Zorra Disaffection: caused by Papineau, [30]; smothered, [177]; first symptoms, [187, p. 168]; extent, [208, p. 201, p. 202; 212· 377· 409· 481 · 512· 651 · 931 · 963· 1336]; U.S. ~iew~, [348]; 'in ~ilitia'. [352; 508); rumours, [392); put down, [674]; extended by Durham Report, [880]; govt. views, [931) Dispatch service, [1635]; by troops, [91; 368; 377]; cost, [974; 991 ; 992; 1004; 1005; 1613-1615; 1919]; establishment, [995; 1212; 1603; 1610; 1612; 1613; 1636; 1653; 1654; 1661] Distances: Can. and U.S. cities, [100]; Quebec-Fredericton-Halifax, [ 1780] District Municipal Councils: defined in Imperial bill, [895]; comments, (910, p. 249; 912,p.256; 913,p.263]; Thomson wishes changes, [1032]; clause in Union bill, [1385; 1386]; A. does not favour, [1391]; establishment, [1912); appts. to be made, [1939; 1946]; must start in C.W., [1944); selection of candidates, [1945); 1st meetings adjourned, [1952]; see also Municipal system Ditcher, Rev. Joseph: A. comments to on Can. affairs, [1978) Dix, John Adams: A. has interview, [106; 203, p. 197); memo. re prisoner sent to A., [603] Dixon, Alexander, [975, p. 310; 1773); steward, dinner to A., (1704) Doan, Joshua G.: convicted, [627] Dodge, William W.: dinner to, [715)

536

INDEX

Dodsworth, Thomas : A. owes for newspapers, (1056] Domvile, C. C. W., (1442] Domvile, Sir Compton: A. does not know, (1366] Domvile, Lt. Compton Charles, (1290, p. 32; 1308; 1388; 1407]; A.D.C. without pay, [375]; appt. extra A.D.C., [404] ; named in Macdonald case, [826]; on board Traveller, [982]; engaged to Isabella Arthur, (1366]; going to England, (1366; 1370]; leave granted, [1442; 1443] Letters to: Airey, [590]; Baldwin, C. J., (544]; Barou, (486] ; commanding officers, (539]; Drew, [504]; Dundas, (447; 448; 451 ; 563]; Dundas and Young, (496] ; Fraser, (454; 551]; Gardiner, (1443] ; Hurd, (472] ; Knowles, (455]; Leckie, (488]; Light, [473]; Love, [557) ; Maunsell, [556]; officer at London, (552]; Rottenburg, [477; 508]; Sandom, (497]; storekeeper, (471]; Turner, (462] Donelly, /ohn: complains at militia order, (624 Dougall, Benjamin : appt. Judge, (1827] Dougall, James : musters anus, (70]; store at Wincisor, (431, p. 356; 432] Douglas, Sir Howard: pamphlet, (633]; mentioned as Gov. Gen., [1934, p. 463; 1939) Douglas, John : Prov. of Can. election, (1777; 1840] Douglas : carries A.'s goods, [1895, p. 431) Douglass, -- : fugitive, (62] Dowling, Edward: rules against Boulton, [1544]; clever man, [1793]; appt. Registrar, [1946] Doyle, James : rebel activities, (96] Drane, Cart. G. S., U.S.A.,: Pres. ct. mar. (1381 Draper, William Henry, (507; 522; 527; 539; 566; 577; 756, p. 140; 1037; 1038; 1094; 1108; 1220; 1221; 1236; 1264; 1266, p. 13; 1286; 1317, p. 47; 1463; 1544; 1559, p. 178; 1565; 1577; 1602; 1641; 1658; 1727; 1728; 1741; 1752; 1895, p. 433; 1945]; comments about, [99; 115]; asks Thome to call on A., [181] ; on circuit, (333] ; approves remuneration for Sparks, (365]; doubtful re proclamation, (453]; sends Abbey minutes to Bullock, [523]; opinion on cts. mar., [549]; to get evidence from prisoners, [603]; outlines A.'s speech, [641] ; reports vacancy in sheriff's office, (666) ; revises A.'s speech, (669) ; reso. of thanks to Prince, [700; 710); moved reso. of loyalty, [709); opinion re govt. of U.C., [955) ; politics, [1007; 1427; 1692;

1775; 1776; 1783; 1820]; embarrassed by Russell, [1029); difficulties over Union bill, [1029; 1032; 1034; 1036; 1039; 1041; 1046; 1048; 1049; 1051) ; has Clergy Reserves bill, [1099] ; declines Univ. office, [1197]; comment on MacNab, [1211]; has good business habits, [1242) ; sends A. draft of address, [1257; 1269) ; made Atty. Gen., [1357]; to approach Macaulay, [1544; 1552); opinion on Butler case, [1552] ; opinion on McLeod case, [1646; 1671]; goes to Montreal, [1666; 1670; 1671, p. 260; 1678, p. 272 ; 1692; 1702; 1703; 1706; 1716; 1719; 1740); raises question of jurisdiction in Caroline case, [1672]; worried re Brough, [1692] ; rumoured Stuart's successor, [1716] ; return to Toronto, [1740; 1756; 1757; 1764; 1773] ; sees MacNab, [1764; 1781 ; 1796; 1798]; authorizes change of election date, [1779] ; reported on Hall, (1782] ; Prov. of Can. election, [1785; 1837]; to prepare statutes, [1952] Letters from: A., [598; 603; 1081 ; 1357] ; Baldwin, [1775]; Bradley and Gardner, [1766] ; Brough, [1693]; McLeod, [1639) Letters to : A., [181; 365; 641; 666; 669; 700; 955; 1029; 1046; 1257; 1269; 1672); Baldwin, [1776); Bullock, [523) ; Tucker, [755) Drew, Capt. Andrew, [483; 595; 805; 1578] ; movements on Lake Erie, [468; 474; 482; 489-492; 494; 501; 503; 519; 524, p. 412); employment of Clarke, [487) ; to move stores, [504); rumour of attack, [520); orders re Caroline, [575, p. 455) ; boat building, [714); relieved of command, [840]; Head defends, [961) ; Sydenham does him justice, [1530]; ct. mar., [1556; 1587]; applauded in Toronto, [1658); in England, (1692]; persecuted by govt., [1896; 1897; 1902; 1903]; to be protected, (1904) Letters from : A., [482]; Domvile, [504]; Macaulay, [487] Drum, Lt. S. H., U.S.A.: Samia-Port Huron incident, (1270; 1271; 1276; 1309; 1333-1335] Drummondville, [1529, p. 159) ; A. at, [219) ; repair of Wesleyan chapel, [385; 387]; military hospital, [1318] ; Jackson visits, [1379] ; desertions, [1409]; A. and Thomson at, [1425; 1444; 1466] Forces : Regiments: [740; 741; 746; 1318]; Dragoon Guards, [1852) ; Royal Artillery, [750, p. 128; 1207; 1852] ; 43rd, [750, p. 127; 1207]; 93rd, [1202; 1852] Dufferin, Baron: death, [1915; 1916)

INDEX Duffill, Capt. John: to proceed to Amherstburg, (740; 741]; will attend Lady A., [849] Duffin's Creek: invasion point, (336, p. 286] Duffy, James: acct. for John A., [1060] Duggan, Edward: complains at militia order, [624] Duggan, George Jr.: Toronto municipal election, [1645J; Prov. of Can. election, [1822; 1840]; will vote with govt., (1844; 1845] Dwnfries: population favours Am. institutions, (756,p. 140] Dunbar, Lt. George Home: named in Macdonald case, (827] Duncombe, Dr. Charles: leader of rebels, [58]; fugitive, (62]; moving west with vagabonds, (517]; U.S. should give up, (568]; active in London Dist., [756, p. 140, p. 141]; complained re interference of Crown, (1046] Duncombe, David, [756, p. 141]; voted nay on reso. of loyalty, [709]; politics, (1007] Dundas, Lt. Col. Henry, [457; 520; 596; 779]; warned of border disturbances, [213; 1015]; to remain at Kingston, [389]; collects info., [430]; services at Prescott, [469; 475; 500; 502; 614]; aided by Sandom, [497]; to help Young, (576]; command allowance, [1120; 1125]; expects leave, [1173]; commander at Kingston, [1207]; many wants, [1397]; testifies in De Burgh case, [1455]; knows W. P. Smith, [1743; 1744] Letters from: A., [213; 430; 433; 469; 475; 493; 502; 531; 537; 585; 617; 705; 1015; 1125]; Domvile, [447; 448; 451; 496; 563]; Fraser, [449] Letters to: A., [1120]; Blacker, [444] Dundas: population favours Am. institutions, [756, p. 140] Dundas County, [470]; population, [756, p. 137]; politics, [1007]; Prov. of Can. election, [1530; 1785] Dunfermline, Baron: considered for Gov. Gen., [936] Dunlop, Robert G., [756, p. 141]; voted yea on reso. of loyalty, [709]; politics, [1007] Dunlop, Dr. William: memorial missing, [246] Dunn,--: surety for his son, [1763] Dunn, John Henry, [138, p. 84, p. 86; 1552; 1579; 1617; 1722]; appt. Ex. Coun., [10; 187, p. 164]; comments about, [99]; piqued at A., [185]; A. sends promissory note, [205]; commends Vidal, [762]; in England, [853, p. 200; 894]; integrity doubted, [1191); dis-

587

crepancy in accts., [1195; 1197; 1484, p. 135; 1579; 1596; 1950; 1951]; controversy with Macaulay, [1264; 1268; 1280; 1350; 1376]; politics, [1299; 1459; 1463; 1593; 1777]; handling of U.C. finances, [1337; 1540; 1560; 1562; 1577; 1728; 1739; 1757]; appt. Rec. Gen., [1459; 1666; 1756; 1764; 1783; 1785; 1793; 1864; 1868; 1869]; Prov. of Can. election, (1459; 1463; 1530; 1627; 1653; 1661; 1664; 1666; 1667; 1678;1692;1702;1707;1724;1728;1752; 1756; 1778; 1779; 1796-1798; 1809; 1816; 1831; 1837; 1859-1861]; claim for services, [1585]; Toronto municipal election, [1645]; opposed to Kingston as capital, [1728; 1739; 1756); declined to attend A.'s dinner, [1752); appt. to Ex. Coun., [1755]; Sydenham's opinion, [1756; 1757; 1763; 1764; 1783]; sureties, [1763; 1783]; favoured Union, [1950); marriage, [1955, p. 490; 1966); out of office, [1965, p. 497; 1966) Letters from : A., [1691]; Tucker, [1861) Letter to: A., [1950] Dunnville, [403; 718); A.'s visit, [848; 849; 866) Durand, James: voted MY on reso. of loyalty, [709); Prov. of Can. election, [1530; 1844; 1845; 1875); politics, [1910) D'Urban, Sir Benjamin, [1404] Durfee, Amos: death on Caroline, [1687; 1766, p. 332; 1767) Durham, Earl of, [219; 220; 250; 291; 292; 304; 344; 345; 377; 553; 575, p. 454; 627; 639; 641; 655; 679; 745; 770; 820; 835; 836; 863; 872; 894; 940; 975, p. 311; 1200, p. 439, p. 440; 1389); arbiter of political destiny of U.C., [138, p. 86); arrival, [170, p. 120); powers as Gov. Gen., [190; 239-242; 257; 258; 328; 332; 337; 1924, p. 450); A:s opinion [208); not to interfere in U.C., [214; 257; 258); visits U.C., [216; 233; 245; 248; 264; 265; 668, p. 52); sends Grey to Washington, [221; 222]; unlikely to accept ideas, [234]; purpose of mission, [252, p. 231; 257]; will not be impressed by Buchanan, [254]; has opportunity in U.C., [261]; at Montreal races, [293]; relations with U.C. Parl., [300, p. 264; 332; 337]; not to change Constitution, [316; 317]; Toronto aadress, [333]; Hagerman to see, [341]; A. to see, [343]; disallowance of ordinance, [355; 356; 440; 458; 464; 495]; Fox's opinion, [400); knows Atcheson, [412]; agreement with U.S., [438]; Robinson's opinion, [495; 663]; attitude

588

INDEX

to Union, [701; 734, p. 114; 813; 902; 967, p. 302]; mentioned as minister, (712] ; conception of Family Compact, (794, p. 164; 795] ; assailed Constitutionalists, [813; 821]; petitioned by refugees, (856] Differences : With A., see Clemency Plan for govt. of Can.: Robinson's comments, [271; 272; 309]; variant copies, (272, p. 245n]; alterations, (315; 333; 338] Return to England: effect in Can., (328; 337]; rumours, [346; 388]; A. regrets, [354; 794, p. 164] ; report confirmed, (355; 356; 359; 389, p. 325]; effect in England, [379; 528, p. 418; 548; 550] Letters fr