SESSIONAL PAPER No. 18

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

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

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

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

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

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

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

YORK, December 21, 1831.

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

CHAS. SHIRREFF.

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

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

FALLS OF CHAUDIÈRE,
26th September, 1826.

MY DEAR SIR PEREGRINE,

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

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

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

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

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

In thus promptly deciding on the work, I know I incur responsibility, but in my station, I consider it my duty to do so, and I ask your concurrence to the proposal. All proper steps shall be taken to have the sanction of His Majesty's Government. I return to Quebec to-morrow and shall feel pleasure in hearing from you upon this subject. I have, &c., DALHOUSIE.

His Excellency,

SIR P. MAITLAND,

&c., &c., &c.

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

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

SESSIONAL PAPER No. 18

"would give to that city and Quebec the command of almost the whole of the Atlantic "commerce with those important sections of the United States, the Michigan and North "Western territories."

The removal of Lord Aylmer from the Governorship of Canada was to be followed by the administration of Lord Amherst, who was in reality appointed to fill the office, but for some reason not shown in the documents now here, the offices of Governor General and commissioner were transferred to Lord Gosford. Christie in the fourth volume of his "History of Lower Canada" page 86 says that Viscount Canterbury was at first thought of but decliend on account of ili-health, Lord Amherst was actually appointed but waived the appointment and finally Lord Gosford was selected. This in a few words was the position of affairs, for of the appointment of Lord Amherst there can be no doubt, the contents of the official letters showing this clearly. In a letter from the Colonial Secretary to Lord Amherst, unsigned, dated the 7th May, 1835, it is said: "The variety and the importance of the subjects embraced in your Lordships Commis"sions and instructions as Governor and His Majesty's Commissioner in that Province "(Lower Canada), will sufficiently account for the time His Majesty's ministers have "required for the revision of these documents." But that Lord Amherst was in doubt as to his acceptance seems probable from the concluding sentence of the letter.

If your Lordship should be disposed to retain the office of Governor of Lower Canada, uniting with it the office of His Majesty's Chief Commissioner of inquiry in the Province your acceptance of that trust will be received with high satisfaction and with gratitude by the Ministers of the Crown.

The tone of Lord Aylmer's correspondence with Lord Glenelg shows that he was not satisfied with his treatment by the Colonial Office under his (Lord Glenelg's) guidance. This is shown in Lord Aylmer's letter of 23rd June, 1835, which may be referred to (Q 222-2 page 227). Considerable feeling appears to have been excited in Canada on account of his removal, but the House of Assembly had determined to use every influence to have His Lordship removed and he evidently thought that it was due to the complaints and representations of the Assembly that he owed his removal and the terms of the report of the committee of the House of Commons which he expected from the refusal to publish the evidence in his case. In a private note to Mr. Spring Rice, dated 10th August, 1834, he says: "I cannot refrain from expressing my regret at the "determination of the committee of the House of Commons on Canadian affairs not to report or publish the evidence taken before it .. The nature of the ac"cusations of the House of Assembly regarding my administration of the Government "requires something more than a verdict of non proven or rather I must consider my"self entitled to some unequivocal announcement of that triumph and result which Mr. "Stanley anticipates." Further on he says: "If after having been. "held up to the King and the Imperial Parliament as a criminal by the House of As"sembly, the falsehood of their charge is not to be made manifest by the publication of "the evidence taken before the committee and the Document submitted to them by "the Colonial Office, I shall indeed have cause deeply to regret that the House of Commons has not in compliance with the demand of the House of Assembly preferred "articles of impeachment against me before the House of Lords". (Series Q 217-2 "pages 305, 306). In a letter to Spring Rice, dated at Sorel on the 2nd of Septem ber, 1834, Lord Aylmer says, and his exact words are given, after a slight summary of

64 VICTORIA, A. 1901 the first part of the letter, which is marked private, referring to the recent appointment of Mr. Gale to the Bench, which had created a great deal of excitement among what Lord Aylmer calls the disaffected party. His Lordship explains in reference to the charge of injustice towards the French Canadians in the appointments to the Bench, that out of four of these, three were French Canadians, all of whom belonged to the Canadian party and were opposed to his administration, so that he could not be accused of partiality in the exercise of such powers of patronage as he possessed. He then proceeds :

I am really ashamed of being obliged to justify myself thus beforehand regarding this appointment, but the virulence with which my public character and my administration are assailed by the public prints of the Province, of all parties and denominations, renders it necessary that I should omit no opportunity of guarding His Majesty's Government against their misrepresentations. My situation in this Province has this peculiar difficulty attending it; that having rejected the alliance of the Public Press and having traced out a line of policy of my own wholly independent of all parties, I am considered as an object against which they may all level their principles. Such has been my position hitherto in Lower Canada with this further disadvantage in the early stage of my administration not only of being unsupported but openly censured by the authorities at home.

To have maintained my ground up to this time under those circumstances must be considered by all those who are acquainted with the politics of this distracted Province as a sort of miracle. (Series Q., vol. 217-2, p. 325.)

The position of hostility assumed by the House of Assembly as above indicated, Lord Aylmer attributed to his having inherited certain nice and difficult questions which had long agitated the Assembly at which time he found himself in the same position as Mr. Spring Rice had done when the latter assumed the office of Colonial Secretary. But, he continued, he felt he had no cause to be dissatisfied with his position, in so far as it regarded himself individually, and he was content to be judged by the result of the policy he had adopted. (Series Q., vol. 217-2, page 532.)

Partly, as it would appear, to conciliate Mr. Papineau and Mr. Neilson, partly to satisfy the Assembly as to the method of conducting the business of the Council, they were both offered appointments in the Executive Council, but both declined, Mr. Papineau on the ground that the rules of the House of Assembly would stand in the way of his acceptance, Mr. Neilson because of engagements he had contracted with his constituents at the time of his election. (Series Q., vol. 2011, page 140.)

The conciliatory course followed by Lord Aylmer was not considered by Sir John Colborne as an example to be followed in the case of Mr. Mackenzie, his words describing him being "A more unprincipled demagogue could not have sprung up to disturb "a colony." (Series Q., vol. 374-2, page 260.)

The political letters of Messrs. Papineau, Viger and Mackenzie are so full and detailed that it seems unnecessary to do more than refer to them. The correspondence on the political state of affairs in Upper and Lower Canada will be found in the volumes relating to the two provinces. The opinion of Lord Aylmer with respect to the people of Lower Canada and the Assembly may, however, be quoted. "The former," he says, "are loyal, peaceable and well disposed, and I do not think that (with few exceptions) "there exists among the latter any systematic opposition to the views of His Majesty's Government." (Series Q., vol. 206-1, page 67.)

SESSIONAL PAPER No. 18

In April, 1835, Lord Aylmer reported that contrary to the usual practice of obtaining returns by means of an address to the Governor, the House of Assembly of Lower Canada had issued a direct order to the Collector of Customs of Quebec to furnish certain returns which he declined to do as being contrary to his instructions, whereupon as he persisted in his refusal he was sent by the Assembly to the common gaol of Quebec, where he remained till the close of the session. Lord Aylmer stated that the returns would have been furnished without hesitation had the usual courtesy been observed, and that he believed the House of Assembly relied upon the decision of the Imperial Government in the case of Major General Carmichael, who had refused to furnish certain documents ordered by the House of Assembly of Jamaica. In a case of what seemed to him of a doubtful character, Lord Aylmer asked for instructions to enable him, as he expressed it, to steer clear on the one hand of compromising the dignity of the Crown, and on the other hand of infringing the constitutional privileges of the House of Assembly. (Series Q., vol. 222-1, pages 54, &c.)

The answer from the Earl of Aberdeen was an expression of regret that the usual courtesies had been neglected, which could scarcely fail to give birth to inconvenient results, but His Lordship believed that the analogy of Parliamentary practice was in favour of the House of Assembly, and this opinion was supported by what seemed a somewhat inconclusive argument, and winds up with the instruction to direct the officers of customs to obey promptly and respectfully every demand which may be made by the Assembly. (Series Q., vol. 222-1, pages 58, 61.)

The establishment of land companies during the period covered by the calendar was a favourite speculation. The formation of the land company in Upper Canada may be traced in the volumes relating to it in 1824 and 1825. (Series Q. volumes 359 to 373) and the "Autobiography of John Galt" may on that subject be consulted, he being the first administrator of the company in Canada. For Lower Canada the British American Land Company was organized some years later. Other land companies were projected but did not come into being from various causes, some of the failures being due to disagreements among the projectors. So far as shown, the only two that continued in existence were the Land Company of Upper Canada, of whose operations so much has been written that it would be superfluous to add more, and the British American Land Company in Lower Canada. With respect to the latter besides the reference to the documents calendared the papers with the shelf marks P.F. volume 43 and 77 and P. 136— No. 1, may be consulted with advantage. It may not be out of place to give a sketch of the organization of the British American Land Company. On the 6th of March, 1834, the Secretary advised the Under Secretary of the Colonies that £800 had been paid on account of the fees for the charter. Besides the charter a bill was introduced into Parliament to confer certain powers that could not be given in the charter. A copy of this bill will be found in volume 219-1 of series Q., beginning at page 7. On the 5th of April, the company asked the Colonial Secretary to inform the Governor of Lower Canada that the charter of incorporation had been granted, so that operations might be begun. The agreement with the Government was concluded in 1833; an account of the sums paid under it and plan of the counties in Lower Canada acquired by the company may be found in volume 2 of series P.F., the documents being arranged as Nos. 1 and 5 in the volume. In a very long letter signed V, the company is charged with seeking by the purchase of the lands to acquire power for political or party pur