La Collection Elgin-Grey 1846-1852 Vol. 4

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Late Dominion Archivist Emeritus



Published by authority of the Secretary of State under the direction of the
Acting Dominion Archivist



ancien archiviste honoraire du Dominion



Publié avec I’autorisation du Secrétaire d’Etat sous la direction de I’archiviste
intérimaire du Dominion



Late Dominion Archivist Emeritus



Published by authority of the Secretary of State under the direction of the
Acting Dominion Archivist





BRIEF PRACTICAL SUGGESTIONS on the Mode of Organizing and Conducting
SCHOOLS, as part of a SYSTEM of EDUCATION for the COLOURED RACES of the

Privy Council Office Whitehall,
January 6, 1847.


THE letter which, by the direction of Earl Grey, was transmitted to this
office on the 30th of November, together with the despatches from governors of
the West Indian Colonies which accompanied it, have been under the consideration
of the Lord President of the Council.

Under his Lordship’s directions a short and simple account is now submitted
of the mode in which the Committee of Council on Education consider
that Industrial Schools for the coloured races may be conducted in the colonies,
so as to combine intellectual and industrial education, and to render the labour
of the children available towards meeting some part of the expense of their

From this account will be purposely excluded any description of the
methods of intellectual instruction, and all minute details of the organization
of schools. Whatever suggestions respecting discipline may be offered will be
condensed into brief hints, or confined to those general indications which are
universally applicable.

It would be presumptuous to attempt to .describe those varieties in discipline
which might be suggested by a better knowledge of the peculiarities of a race
which readily abandons itself to excitement, and perhaps needs amusements
which would seem unsuitable for the peasantry of a civilized community.

While endeavouring to suggest the mode by which the labour of negro
children may be mingled with instruction fitted to develope their intelligence,
it would be advantageous to know more of the details of colonial culture, and
of the peculiarities of household life in this class and thus to descend from the
general description into a closer adaptation of the plans of the school to the
wants of the coloured races. This, however, cannot now be attempted.

In describing the mode in which the instruction may be interwoven with
the labour of the school, so as to render their connection as intimate as possible,
it will however be necessary to repeat the illustrations in various forms, which
may appear trivial. But this mutual dependence of the moral and physical
training; of the intellectual and industrial teaching; and even of the religious
education and the instruction of the scholars in the practical duties of life,
require a detailed illustration. Christian civilization comprehends this complex
development of all the faculties, and the school of a semi-barbarous class should
be established on the conviction that these several forms of training and
instruction mutually assist each other.

Instead of setting forth this principle more fully, it is considered expedient
to furnish numerous though brief practical details of its application, which may
with local knowledge be easily expanded into a manual for schools of industry
for the coloured races.

Even within the limits which will be assigned to the instruction of the
children of these races in this paper, it may be conceived that, bearing in
mind the present state of the negro population, and taking into account the
means at present at the disposal of the colonial legislatures in the different
dependencies a too sanguine view has been adopted of the amount of instruction
which may be hoped to be imparted.

Certainly it is true that some time must elapse before the limits assigned
in this paper to such instruction, even in the day-schools, can be reached. But
less, that what is described could not be regarded as a transforming agency, by
which the negro could be led, within a generation, materially to improve his
habits. If we would have him rest satisfied with the meagre subsistence and
privation of comfort consequent on his habits of listless contentment with the
almost spontaneous gifts of a tropical climate, a less efficient system may be
adopted; but if the native labour of the West Indian Colonies is to be made
generally available for the cultivation of the soil by a settled and industrious
peasantry, no agent can be so surely depended upon as the influence of a system
of combined intellectual and industrial instruction, carried to a higher degree
of efficiency than any example which now exists in the colonies.

Nor will a wise Colonial Government neglect any means which affords even
a remote prospect of gradually creating a native middle class among the negro
population, and thus, ultimately, of completing the institutions of freedom, by
rearing a body of men interested in the protection of property, and with intelligence
enough to take part in that humbler machinery of local affairs which
ministers to social order.

With these remarks, I proceed at once to enter on the practical suggestions
which I am directed to offer.

The objects of education for the coloured races of the colonial dependencies
of Great Britain may be thus described.

To inculcate the principles and promote the influences of Christianity, by
such instruction as can be given in elementary schools.

To accustom the children of these races to habits of self-control and moral

To diffuse a grammatical knowledge of the English language, as the most
important agent of civilization, for the coloured population of the colonies.
To make the school the means of improving the condition of the peasantry,
by teaching them how health may be preserved by proper diet, cleanliness,
ventilation, and clothing, and by the structure of their dwellings.

To give them a practical training in househould economy, and in the cultivation
of a cottage garden, as well as in those common handicrafts by which a
labourer may improve his domestic comfort.

To communicate such a knowledge of writing and arithmetic, and of their
application to his wants and duties, as may enable a peasant to economize his
means, and give the small farmer the power to enter into calculations and

An improved agriculture is required in certain of the colonies to replace the
system of exhausting the virgin soils, and then leaving to natural influences
alone, the work of reparation. The education of the coloured races would
not, therefore, be complete, for the children of small farmers, unless it included
this object.

The lesson books of colonial schools should also teach the mutual interests
of the mother-country and her dependencies; the rational basis of their connection,
and the domestic and social duties of the coloured races.

These lesson books should also simply set forth the relation of wages,
capital, labour, and the influence of local and general government on personal
security, independence, and order.

For the attainment of these objects, the following classes of institutions are

Day-schools of industry and model farm schools.

A training school for the instruction of the masters and mistresses of day

The order in which these institutions are enumerated is that in which they
may be most conveniently described.

A day school of industry might, in the tropical climates, with the exception
of a moderate salary for the schoolmaster, be made self-supporting. The school
should be regarded as a large Christian family, assembled for mutual benefit,
and conducted by a well-ordered domestic economy.

For this purpose, the children having breakfasted, should be at school at a
very early period after sun-rise.

At this hour, they should be assembled for morning prayer. The utmost
reverence should pervade this religious exercise.

The work of the day would then commence. The scholars would have their
dinner at the school, and in the evening would return to their homes immediately
before sunset. The school would close, as it began, with prayer.

From sunrise until sunset their life would be under the training and instruction
of the master and mistress of the school. Their labour would be principally
devoted to the business of the household and of the school garden. Their
instruction would be such as would prepare them for the duties of their station
in life.

To this end the school premises should comprise—

1. A house for the master and for the mistress.
2. A school-room for the boys, and another for the girls, each convertible
into a dining-room.
3. A class-room for undisturbed religious instruction.
4. A large garden plot, sufficient to provide garden stuff for the dinners of
the school during the whole year.
5. A tool-house and carpenter’s shop.
6. A kitchen, store-room, larder, and scullery.
7. A wash-house and laundry.

The training of the scholars in industry and in cottage economy would,
under these arrangements, be regarded as second only to their instruction from
the Holy Scriptures, and their training in the duties of a religious life.

In a race emerging from barbarism, the training of children in obedience and
cheerful industry, in mutual forbearance and good will, and in that respect for
property and care to use the blessings of Providence without abusing them, for
which a school of industry affords an opportunity closely resembling the training
of children in a Christian family, would greatly promote the success of the
religious instruction.

Immediately after prayers the master would divide the boys into working
parties under the charge of apprenticed monitors or pupil teachers. The
schedule of the school routine would describe the duty of each party, and the
time allotted to it.

The garden should be divided into two principal plots. The school plot
should be cultivated by the whole school, in common, for the production of all
those vegetables which would be required in considerable quantities for the
school kitchen.

These crops should be so adapted to the seasons as to afford a constant
supply, either in store or to be daily gathered from the ground.

In the labour and practical instruction of the garden they would learn the
theory and practice of its culture, and the use of the crops of the different seasons
in supplying the wants of a family.

The scholars’ plot should be divided into allotments proportioned to the
strength of the scholars. The sense of personal interest and responsibility would
here be developed, and the pupil would cultivate habits of self-reliance, neatness,
and perseverance.

In the large school plot the combination of individual efforts, for a common
object and the advantages of order, method, harmony, and subordination would
be exemplified.

For the management of the garden two or three parties could therefore be
detached, according to the work appropriated to the season.

The repairs of the tool-house and of the implements of gardening, as well as
the fencing of the garden, would sometimes employ a party in the carpenter’s

In the colonies in which the slave population has recently been emancipated,
and in those very recently settled, it might also be desirable to have at hand, as
a part of the school stock, a quantity of the rough material of which labourers’
dwellings are constructed. With this material a cottage might be built on an
improved plan, with a due regard to ventilation, to drainage, to the means provided
for the escape of smoke, to the nature of the floor, the provision of rude
but substantial furniture, and the most healthy bedding, together with the outbuildings
required for domestic animals and the family.

Such a cottage, when built, might be again altered, enlarged, or pulled down
and rebuilt, as a part of the industrial instruction, important in its civilizing

The master would superintend, direct, and explain the garden operations.

While in the field or workshed, he would have an opportunity of improving
the manners and habits of his scholars, not by the rigidity of a military discipline,
exacting an enforced order, but by the cheerful acquiescence of a sense of
duty and convenience arising from his patient superintendence. The harmony,
industry, and skill of his scholars should be promoted by his vigilance, and
encouraged by his example.

The garden operations of the month would form a subject of oral instruction
in the school.

In these oral lessons would be explained the reasons for the succession of
crops; for the breadth sown; for the nature of the manure selected; for the
mode of managing the crop; and the uses to which it was to be devoted.

The accidents to which the crop is liable, and the means of providing against
them, might even lead the teacher into a familiar account of the habits of various
insects; their mode of propagation; the peculiarities of season which favour
their development; and the mode of detecting and destroying them, before their
ravages are extensively injurious or fatal to the crop.

Familiar lessons on the effects of night and day, of heat and light, of dew and
rain, of drainage and irrigation, and the various kinds of manure, and of the
succession of the seasons on vegetation, would not only inform the minds of the
scholars, but give them a more intelligent interest in the common events of
the natural world.

In the school also would be kept an account of the expenses incurred on the
garden. To this end the reception of all articles on which outlay had been
incurred, as for example, tools, manure, wood, seeds, &c., should be attended
with some formality; and the boys should be practised in examining or weighing
them, and entering them in the account. In like manner the garden produce
should be weighed before delivered at the kitchen, and an account kept of
the quantity gathered daily, and of its market value.

The objects of outlay and the results of labour should be brought into one
balance sheet, showing the profits of the garden at the close of the year.

As a preparation for this general account keeping, each boy might also enter,
in a subordinate account, the outlay and produce of his own allotment.

In both cases the amount of labour should be daily registered, and its value
fixed, as an element to be ultimately entered in the balance-sheet.

Once or twice in the week the girls and boys would bring from home early
in the morning a bundle of clothes to be washed at the school.

The wash-house should be fitted up with the utensils commonly found in the
best labourers’ cottages, or which, with frugality and industry, could be purchased
by a field workman; and the girls should be employed in successive
parties in washing, drying, and ironing their clothes.

They should likewise bring from home clothes requiring to be mended, and
cloth to be made into shirts and dresses for their families, and the mistress
should teach them to cut it out, and make it up, and to mend their clothes.

The employments of the girls would co-operate with those of the boys as
respects instruction in cottage economy, by the connection of the garden with
the kitchen.

In the kitchen, the vegetables received from the garden would be prepared
for cooking, and the girls would be instructed in the preparation of the cheap
food which a labourer could afford to purchase, or could grow in his own

For the sake of convenience and dispatch, a large part of this cooking must
be conducted in a wholesale manner for the school dinner, but in order tp give
instruction in the preparation of a cottage meal, a separate dinner should daily
be provided for the superintendents of working parties. This should be cooked
with the utensils commonly found in cottages.

The employments of the girls should be accompanied by suitable instruction
in the school. Thus an account should be kept of the clothes received from
each scholar’s family to be washed, and of their return to the boy or girl by
whom they were brought.

The amount of garden stuff and stores daily consumed in the school dinner
should be entered, and the value estimated.

The purchase of utensils, stores, &c, should be recorded by the scholars.

Among the topics of oral instruction, cottage economy should be second only
to religious instruction. The duties of a skilful housewife would be exemplified
in the training in industry, but these practical arts should be accompanied with
familiar lessons on the best mode of husbanding the means of the family, on the
prices and comparative nutritious qualities of various articles of food; and on
simple recipes for preparing them. Each girl should write in a book, to be
taken with her from the school, the recipes of the cottage meals she had learned
to prepare; and the familiar maxims of domestic economy which had been inculcated
at school.

Such instruction might profitably extend to domestic and personal cleanliness.

The management of children in infancy, and general rules as to the preservation
of health.

On the subject of cottage economy, it would be well that a class book should
be prepared, containing at least the following heads: —

1. Means of preserving Health.
A. Cleanliness. B. Ventilation. C Drainage. D. Clothing. E. Exercise.
F. Management of children.

2. Means of procuring Comfort.

A. The cottage garden. B. The piggery. C. The cottage kitchen. D. The
dairy. E. The market. F. Household maxims.

The various industrial employment of the scholars would curtail the ordinary
hours of school. Certainly, all that has been described might be accomplished,
and at least two or three hours daily reserved for religious and other instruction.

The Holy Scriptures should be used only as a medium of religious teaching.
They should not be employed as a hornbook, associated in the mind of the child
with the drudgery of mastering the almost mechanical difficulty of learning to
read, at an age when it cannot understand language, too often left unexplained.
On the contrary, the Holy Scrptures should only be put into the hands of those
children who have learned to read with fluency.

To the younger children a short portion of the Scripture should be daily
read, and made the subject of an oral lesson.

Those of riper age should be taught to receive and read the Scriptures with

The art of reading should be acquired from class books appropriate to an
industrial school. Besides the class book for the more advanced scholars on
cottage economy, the earlier reading lessons might contribute instruction adapted
to the condition of a class emerging from slavery or barbarism.
The lessons on writing and arithmetic, as has been before observed, ought to
be brought into daily practical use in the employment of the scholars. Nothing
is learned so soon or retained so surely as knowledge the practical relation of
which is perceived.
The scholar should thus be taught to write from dictation, as an exercise of
memory, and of spelling and punctuation, as well as of writing.
They should be gradually trained in the composition of simple letters on the
business of the school, the garden, or kitchen; and exercised in writing abstracts
of oral lessons from memory. The power of writing on the actual
events and business of their future lives would thus be acquired.
Within these limits the instruction of the coloured races, combined with a
systematic training in industry; cannot fail to raise the population to a condition
of improved comfort; but it will also give such habits of steady industry to
a settled and thriving peasantry, as may in time develope the elements of a
native middle class. This would probably be a consequence of an education
within these limits; but if this were accomplished, and time permitted further
instruction, an acquaintance might be sought with the art of drawing plans,
and those of land-surveying and levelling. Some instruction in geography
also would enable them better to understand the Scriptures, and the connection
of the colony with the mother country.
The master and mistress should be assisted by apprentices, whose number
should be proportioned to the size of the schools. These apprentices should
be chosen from the most proficient and best conducted scholars, who are also
likely to have an example set them by their parents in harmony with their
education. At the age of thirteen, they should be bound by agreement for six
years, and might receive in lieu of stipend a quantity of the garden produce, sufficient
to induce their parents cheerfully to consent to their employment in the
school. Careful separate instruction should be given them by the master, at a
period daily set apart for the purpose, and they should be furnished with books,
as means of self-education.
With the aid of such apprenticed assistants, the school might be divided into
classes varying in size, according to the skill and age of the apprentices, and
the number of the scholars. In the early stage of their apprenticeship, it may not
be expedient to entrust these youths with the management of a class containing
more than twelve children. At the age of sixteen, they might teach sixteen
children; and at the age of eighteen, probably twenty children. The master
would instruct twenty-four, or thirty, or more children in a class, according to
The school, therefore, will be divided into classes of twelve, sixteen, twenty,
and twenty-four children.
The Model Farm School may be described with greater brevity, because
much that has been said respecting the Day School of Industry is applicable
to it.
The Model Farm School is intended for the class of labourers who have accumulated
sufficient money to become small farmers, and for the small farmers,
who with more knowledge and skill, would be enabled to employ their, capital
to greater advantage. Its object is to create a thriving, loyal, and religious
middle class among the agricultural population. As the process of culture
must differ in the various colonies, it is not possible to give more than general
indications respecting it.
As it would be improbable that a sufficient number of scholars could be
collected from one neighbourhood, they should be boarders, and the cost of
their lodging, maintenance, and in some coloniesi, also of their instruction, should
be defrayed by their parents. The buildings therefore should provide
A lofty dormitory divided by partitions, six feet high, into separate compartments,
each containing one bed, and affording the master the means
of overlooking the room from his own apartment.
A refectory.
A kitchen, &e. &c.
Apartments for the master and his assistants.
To these school buildings should be added—
Farm buildings, comprising all the arrangements necessary in each climate
for the shelter of the produce of the farm, and when necessary for its
preparation for exportation; for the housing of stock; for the dairy; for the
preparation of manures, and of food for the cattle, and for the shelter of agricultural
machines and implements.
The industrial occupations of the scholars would be those of farm servants.
In the field, the draining or irrigation of the land; ploughing, harrowing,
and the preparation of the soil by various manures adapted to its chemical
character; the sowing of the different crops with machines or by the hand;
the expedients for preserving the seed thus sown; the weeding, hoeing, or
drill-ploughing of the growing crop. The gathering in of the harvest would
either be done solely by the labour of the scholars or with such assistance as
might be required by the climate.
In the homestead, with a similar reservation, they would conduct the management
of the stock; of the manures and composts; the housing of the crop,
and its preparation for exportation, and the economy of the dairy.
Besides these purely farm occupations, it would be well to have on the
premises a wheelwright’s and blacksmith’s shop, in which they might learn to
mend the carts, waggons, and farming machines and implements, to repair the
farming premises, and to shoe the horses.
The domestic services of the household should have in view the establishment
of religious exercises, such as could be properly continued in a farmer’s family.
Besides a thorough instruction in the Holy Scriptures, the course of teaching
would comprise the following subjects.
Probably the scholars on their admission into the school would be able to
read and write with ease. They should also learn English grammar, as previously
explained in relation to the day-school.

They would proceed to acquire arithmetic, in connexion with keeping
accounts of the management of a farm, and with practice in all farming calculations.
Mensuration, land surveying, and levelling, and plan-drawing would be
taught, and their practical application constantly exemplified in the measurement
of timber or of labourers’ work; in estimates for drainage, irrigation, and
other agricultural purposes; and in preparing plans from actual survey.
As soon as the rudiments of chemical knowledge were acquired, further
instructions should proceed, in connexion with the practical application of these
elements to the actual operations of the farm (all of which should be explained
with their aid), and afterwards to practical illustrations which the farm itself
did not afford.
The pupils should, by frequent practice, acquire expertness in the use of
tests of the quality of soils.
The chief characteristics of soils should be understood, and their relation to
different forms of vegetation, together with the expedients by which, under
varying circumstances, soils naturally of a low degree of fertility may be cultivated,
so as to produce abundant crops.
In like manner practical lessons should be given on the influence of various
soils; of different kinds of manure; of the natural influences of light, heat, rain,
dew, night and day, and of the seasons on vegetable life; on the effects of drainage,
and of the various modes of working and of cultivating the soil, and
managing different crops.
On such knowledge should be grounded instruction in the most improved
methods of cropping a farm; the use of the best implements and machines; on
composts and manures; and the best mode of procuring seeds.
Time would also probably be found to impart some acquaintance with veterinary
medicine, as far, at least, as a general knowledge of the structure of the
horse, cow, sheep, and other common domestic animals; of the methods of
preparing their food; of the best means of preserving them in health by appropriate
food, warmth, ventilation, and cleanliness; the precautions to be employed
in peculiar localities and under special circumstances of climate.
Under the head of arts of construction, falls the mode of planning farm
buildings, so as to ensure an economy of labour with the utmost convenience
and security; and with arrangements for promoting the health of the stock; the
best plans for constructing roofs; the proper strength required for timbers of
different bearings, and the best method of economising materials, with a due
regard to permanence of structure.
Wherever peculiar processes are required for the preparation of the crop for
exportation, the object of them, whether mechanical or chemical, should be
explained to the pupils.
Some knowledge of the laws of natural phenomena would enable them to
comprehend the use of the thermometer, barometer, and other common instruments,
and would free them from vulgar errors and popular superstitions.
The head master of the farming school should be competent by experience
and skill to superintend the farm, as well as to give the combined practical and
theoretical agricultural knowledge of the course proposed to be taught.

He would require assistant masters, according to the size of the school, to
teach the rudiments, and thus prepare every class for his instruction.
Each class should be taught in a separate room. The assistant masters
would probably be promoted to these offices, from the charge of day-schools of
industry, and might there be deemed to be in training, as candidates for the
head mastership of farm-schools.
A matron or house-steward would manage all the domestic duties, with the
aid of some servants.
It is not necessary here to repeat the general indications given, respecting
discipline, which have been set forth in relation to the day-school. The same
principles are applicable to the model farm-school.
The course of study should extend, if possible, from the age of 14 or 15 to
that of 18 or 19. There would not be the same need of apprentices in these
schools, as in the day-schools, because the scholars would be of a riper age,
and might be more fitly intrusted, as monitors, with the superintendence of
working parties. The whole of the instruction in classes would be conducted by
the head master and his assistants.
The day school of industry, and the model farm-school, having thus been
described, it is now convenient to set forth the arrangements for the training of
the masters of such schools.
The apprenticeship of scholars from 13 to 19 years of age in the day-school
of industry must be regarded as a preliminary training in all the duties of the
masters of such a school. It would be expedient that the pupil teacher
should be the child of parents who would set him a good example that he
should be bound by indentures which should specify his work, his remuneration,
the knowledge he was to gain in each year under the instruction of the
master; the nature of the annual examination which he should pass before
some competent officer; the persons from whom certificates of conduct should
be annually required; the test of his practical skill in gardening and fieldwork,
and in the art of teaching and governing a class.
When the indenture was fulfilled, the pupil teacher should be admitted to a
competition of bursaries or exhibitions to the normal school, to be held
annually. The most proficient, skilful, and best conducted should be selected
for these rewards, and sent with a bursary, which would defray the chief part
of the expense of their further training, to the normal school.
If the day-schools of industry were efficient, the residence in the normal
school might be limited to a year or a year and a half; but if these schools
were not in an efficient state, the period of training in the normal school would
have to be proportionately extended.
The normal school would adjoin a model day-school of industry. The
students of the normal school would thus have an opportunity of witnessing a
good example of the management of such a day-school, and of acquiring the art
of teaching. They would here improve the processes of instruction, and the
modes of discipline which they had acquired in schools of inferior efficiency
and make practical trial of the principles of school management, which would
be taught in the normal school.

A principal master and assistant-masters in the proportion of one master to
every 30 or 40 candidate teachers would be required in the normal school.
All the subjects of instruction pursued, either in the model farm schools, or
in the day schools of industry, should be here resumed.
The masters should here lead the candidates through a systematic course of
instruction on each subject, revising their previous acquirements; rendering them
more precise, accurate, and rational; and developing them beyond the limits
within which their future duties as teachers would be confined.
The group of subjects from which the pursuits of the candidates in the normal
school might be selected can be more properly described than the exact
limits to be placed on such studies in each colony.
The course of the normal school would comprise certain of the following

1. Biblical instruction and the Evidences of Christianity.
2. English Grammar and Composition.
3. English History.
4. Geography.
5. Chemistry and its applications to Agriculture.
6. The Theory of Natural Phenomena in their relation to Agriculture.
7. The rudiments of Mechanics.
8. Arithmetic and Book-keeping.
9. The art of Land Surveying and Levelling, and practical Mensuration,
10. Drawing from Models, and plan drawing.
11. The Theory and Practice of Agriculture and Gardening.
12. The management of farming Stock, including the treatment of their
13. The art of organizing, and conducting an elementary school.
14. Vocal Music.

It is unnecessary to enter into minute details, as to the daily routine of the
normal school: some general indication of principles only is required.
The principal object to be kept in view throughout the training ipf the
apprentice and candidate teacher is the formation of character.
The prolonged training in the day school, followed by the residence in the
normal school, cannot fail to make them acquainted with the details of the
school keeping; with the management of a garden, and the art of teaching a
As only the most advanced of the pupil teachers would be selected for the
normal school the revision of their studies in that school would give them a
considerable command of the elementary knowledge required in schools of
industry. In these respects, much confidence may be expressed as to the results
of their training. The dispositions with which they approach their duties as
schoolmasters and mistresses are still more important.
The discipline of the apprentice and student should afford no encouragement
to the presumption and pedantry, which often accompany an education, necessarily
incomplete, yet raised above the level of the class from which the pupil
teachers are taken; yet it should not be such, as to weaken the spring of the
natural energies, or to subdue the force of individual character. No form of
training is less capable of establishing sound moral sentiments, than that which
exacts an unreasoning obedience. The discipline which thus subdues the will,
makes the pupil feebler for all virtuous actions.
To train the student in simplicity, humility, and truth; and at the same time
to strengthen his mental powers, to inform his intelligence, to elevate his principles,
and to invigorate his intellect, are the objects of his education.
On this account, the domestic life of the apprentice with his own parents,
under the best influences of his own class in society, might, if his family were
a religious household, usefully alternate with the discipline and duties of the
day school. He would understand, from experience, the wants, the cares, and
hopes of the labouring class whose children he would have to educate. Instead
of being repelled by their coarseness and poverty, and thus unfitted for daily
contact with them, he would have a sympathy with their condition, which the
training of the school would direct to proper objects.
He ought to enter and to leave the training school, attracted by preference
to the education of the labouring poor.
While in the day school, the pupil teacher would partake the common work
of the garden, &c. This labour should be during some hours daily continued
in the normal school. He should still feel that his origin and his future employment
were in harmony.
With this view, his dress should have no distinction but that of greater
simplicity and cleanliness. Any pretension beyond the ordinary peasant’s dress,
which his parents could provide, should be discouraged. He should strive to
teach by his example how that common dress could be worn with frugality and
In like manner, in the normal school a peculiar dress is undesirable. The
candidate teacher should continue, during three hours daily, to partake the rudest
toils of the field and garden. Out-door labour should alternate with mental
cultivation, both to enable the student to conduct a school of industry with
success, and also to build all his intellectual acquirements on the experience of
the life of those supported by manual industry. No alteration in the dress of
the student should appear to suggest, that, with his entrance into the normal
school, commences the separation between the candidate and his own class in
society. Few things could be more injurious than to do anything which might
tend to sever such sympathies, or to take the example of an educated peasant
out of his own sphere in life.
The apprentice should not exchange the fare of the peasant’s cottage and the
simple dinner of the day school, for a better diet in the normal school. His
meals should be such only as he might certainly hope to procure by his vocation
as schoolmaster. In like manner, while, in his bedroom, provision was made
for privacy, every arrangement should be marked by a severe simplicity. More
abundant comfort, approaching to luxury, would make it difficult to the candidate
in after life to encounter the inevitable privations of his profession, as a
teacher of the poor.
The household life of the normal school should be marked by reverential
attention to religious exercises and duties.
At an early period in the morning, the school should be assembled for
prayers. After prayers, the principal would speak to the students on subjects
connected with the moral discipline of the school. He would endeavour to
lead them to feel under what influences their life could enable them to fulfil
the highest aims of their calling. Whatever had happened incompatible with
such a view of their duties, and which was not rather a subject for private
personal admonition, might become, after prayers, a source of instruction, in
which should mingle no element of rebuke. In like manner the pursuits of the
day should close.
No part of the discipline of the establishment should contradict such instruction.
In everything an appeal should be made to the reason and the conscience.
Vigilance, to be wisely exerted, should wear no appearance of distrust or suspicion,
but it should also be incessant.
The intercourse between the principal and the candidate teachers should be
frank and confiding.
Whenever concealment and evasion commence, even in slight matters, the
authority and influence of the principal are in danger. It would become him
then to reflect on the grounds of his regulations; to explain them fully to his
students, and to endeavour to establish in their minds a conviction of their
value. On some occasions it may be wise to make some relaxations in his
rules, in a matter not essential to principle, and which is found to be galling in
practice. In this way, and not by any system of  » espionage  » the whole life of
the students should constantly pass in review before him. The advice of the
principal should be open to his scholars as that of a friend.
Their time should be as fully occupied as possible. Relaxation should be
found in change of employment and exercise in the duties of the field and
garden. If the sense of life in a family were maintained, and a filial subordination
characterised the discipline, the most wholesome results would ensue.
With these brief indications, I am directed to solicit your attention to those
portions of the Minutes of the Committee of Council on Education which
relate to the establishment and support of Normal Schools, and to the Reports
presented by Her Majesty’s inspectors on the condition of the Normal and
Model Schools now existing in Great Britain, in which will be found further
details of the principles on which these institutions are conducted.

I have the honour to be,
Your obedient Servant,


Benj. Hawes, Jun., Esq. M.P.

Under Secretary of State for the Colonies.

Mode of Organizing and Conducting DAY-SCHOOLS
and NORMAL SCHOOLS, as part of a SYSTEM

1 See above p. 5.
2 From a printed copy in C.O. 323, vol. 232.

London: Printed W. Clowes and Sons, Stamford-street, For Her Majesty’s Stationery Office.


The following extracts give an account of the founding of the Emigrant
Settlement Society:—


IMMIGRATION.—Pursuant to a requisition handed to his Worship the
MAYOR, a public meeting was held at the New City Hall, on Saturday last, to
take into consideration the most efficient means of assisting the immigrants
who may arrive here during the ensuing season.

His WORSHIP THE MAYOR in the Chair.

HENRY J. BOULTON, Esq., moved the first resolution, recommending that
endeavours should be made to each farmer to take one family of immigrants
on his farm, finding them a house and steady employment for one year at
comparatively low wages, which would in a great measure have to be paid in
provisions. By these means, if largely carried out, a numerous body would
be disposed of, and would become acquainted with the needful work of the
country. He suggested that another consequence would be, the getting rid of
various prejudices on all sides, and the forming a proper and mutual good opinion
of each other.— Mr. B. proposed the formation of a Society, for the purpose
of assisting immigrants, especially by advice and direction, as to where they
might be located or find work with the greatest advantage; and said that this
procedure would be attended with far more benefit to them than giving them
money, which could be afforded only in very small sums; and that if the firstmentioned
object were not sedulously attended to, it could not prove of more
than temporary advantage.
Dr. MCCAUL, with his usual felicity, pointed out, among other matters,
the advantages of segregating the new-comers, instead of congregating them.
He alluded to the great necessity that existed of preparing in other ways for
the new arrivals, and, among other things, of being provided with Hospital accommodation,
The Hon. R. BALDWIN, Mr. Sheriff JARVIS, and E. W. THOMSON, Esq.,
followed. We regret that our limited space will not allow us to give their
Moved by the Hon. H. J. BOTJLTON, seconded by the Rev. Dr. MCCAUL, and
Resolved—That there is every reason to expect that a much larger number
of Emigrants will arrive here during the approaching summer than in any
former year, and that it is highly important that prompt and immediate measures
be adopted to prepare for their arrival, and make arrangements for their relief,
employment, and settlement of their families in permanent situations in the
interior of the country.
Moved by the Hon. ROBT. BALDWIN, seconded by Lucius O’BRIEN, Esq.,.
M.D., and
Resolved—That there be formed a Society, to be called « THE EMIGRANT
SETTLEMENT SOCIETY, » whose particular duty it shall be to put the Emigrants,
on their arrival, in the way of procuring steady employment without delay,
at moderate yearly wages, and of settling themselves and families in the
interior of the country; and generally, to afford information to all persons
desiring to settle in any part of the Province.
Moved by E. W. THOMPSON, Esq., seconded by W. GOKBIE, Esq., and
Resolved—That the following gentlemen do form a Committee to consider
this very important subject, and to adopt such a course of procedure as they
shall deem most advisable for the purpose of effecting the objects of the foregoing
Resolutions, with power to add to their numbers:—The Honbles. Mr.
Justice Jones, H. J. Boulton, R. B. Sullivan, R. Baldwin, J. E. Small; His
Worship the Mayor; Geo. Duggan, Esq., M.P.P.; C. Gamble, Esq.; Mr. Solicitor
General Cameron; J. W. Gwynne, Esq.; Dr. Workman; J. H. Price, Esq.,
M.P.P.; J. Cameron, Esq., Commercial Bank; Dr. Hays; Mr. Sheriff Jarvis;
Thomas Gait, Wm. Baldwin, Chas. Berczy, Maurice Scollard, Jas. Leslie, S. G.
Lynn, Hugh Scobie, Geo. Gurnett, Andrew Mercer, John Ewart, George Brown,
J. S. Howard, Donald Bethune, Geo. A. Barber, J. H. Hagarty, Jas. Browne,
W. Gorrie, Ogden Creighton, Thomas Bell, Thomas Helliwell, Terrence O’Neill,
Alexander Badenach, E. R. Rutherford, Wm. Proudfoot, T. G. Ridout, E.
McElderry, Skeffington Connor, M. J. O’Beirne, R. Gapper, Thos. Champion, E.
W. Thomson, Esquires; Lucius O’Brien, Esq., M. D.; The Clergy of all Denominations.
The Hon. H. J. BOULTON then proposed, that the Mayor should leave the
chair, and that the Hon. Wm. Allan should take the same.
The Rev. DR. MCCAUL moved, seconded by the Hon. ROBT. BALDWIN,
That the thanks of this Meeting be given to his Worship the Mayor, for
having called this Meeting, and for his kindness and urbanity in presiding
at the same.
The First Meeting of the Committee was held on Wednesday, the 14th
instant, at the Court House, which was well attended.
The Hon. H. J. Boulton in the Chair.
After a good deal of conversation as to the best means of carrying out
the objects of the Society, it was moved by J. W. Gwynne, Esq., seconded by
Lucius O’Brien, Esq., M.D. &c, resolved—
That a Sub-commitee shall be formed for the purpose of immediately
framing a prospectus pointing out the object and advantages of this Society, and
that the same Committee shall report to the General Committee for its consideration,
a plan for the general management of the Society; and that Mr. Sheriff
Jarvis, the Hon. H. J. Boulton, J. S. Howard, Esq., Capt. Creighton, and John
Gwynne, Esq., shall compose such Committee, and that they report to the
General Committee, on Tuesday next the 20th instant.
Franklin Jacques, Esq., was added to the General Committee.
Meeting adjourned to Tuesday the 20th instant.



At the General Meeting of the Emigrant Settlement Society, held at the
Court House, Toronto, on Tuesday the 20th of April, the following prospectus
setting forth the objects of the Society was adopted:—
The objects of this Association are, Firstly, To put emigrants, on their
arrival in this city, in the way of procuring steady employment, without delay,
at fair yearly wages, and of settling themselves in the interior of the country;
and, for such purpose, to organize a Committee, and to open an office at Toronto,
where emigrants of every class may, immediately upon their arrival, receive
accurate and useful information to guide them in making the most beneficial
arrangements for their speedy settlement in the surrounding country, according
to their respective conditions and avocations. As the Society merely contemplate
affording advice, emigrants must not expect pecuniary assistance.
Secondly, To keep a Registry of Lands, of which a list may be transmitted
to the Secretary of the Association, by persons wishing to sell or let the same
either on shares or for a money rent.
The zealous co-operation of all classes of the community is earnestly
solicited in furthering the objects of the Association, for, by its complete
organization, each class, while contributing to the settlement of their fellowcountrymen
in comfort and independence in this fertile Province, will, at the
same time, be aiding in the extension of every branch of industry,—in the
development of the vast resources of the country, and in increasing the individual
wealth and prosperity of each other.
The Association will receive applications for labourers from farmers throughout
the surrounding county, and will assist the parties in making contracts to
their mutual advantage, thereby enabling the farmer, by a supply of labour,
to extend his operations, and the labourer to acquire, in the most speedy and
effectual manner, a knowledge of the mode of farming in the country.
The Association will, in like manner, aid in procuring a supply of labourers
for mechanics and persons engaged in the construction of roads and other works.
The information which the Association will have it in its power to afford,
cannot fail to be of the utmost value to the emigrant.
In order to conduct the affairs of the Association some expense must
necessarily be immediately incurred, and, with the view of raising a fund for
this purpose, it is proposed that every Annual Subscriber of 5s. shall be a
Member of the Association.
The Board of Management shall consist of the Committee already named,
who shall elect from their own body a President and four Vice-Presidents, and
appoint a Secretary.
The Meeting then adjourned to Saturday the 24th inst., to meet at the same
place at 3 o’clock, when it is hoped there will be a large attendance of the

1 See above p. 55.


Upon analysis, Ledoyen’s fluid was declared to be a solution of nitrate of
lead (See, The British American Journal of Medical and Physical Science, 1847-
48, p. 137). Ledoyen and Calvert brought a quantity of it to Quebec and worked
indefatigably to prove the efficacy of the fluid. Both men contracted typhus of
which Colonel Calvert died on 12 November, 1847.
At the same time, Dr. T. Stratton, R.N., was experimenting with Burnett’s
« Patent Antiseptic Fluid ». This was a solution of chloride of zinc which had
been employed since 1838 for scrubbing the canvas, cordage and timber in the
navy. The inventor, Sir William Burnett, was physician-general of the navy.
Canadian medical men showed great interest in the two disinfectants but
The British American Journal of Medical and Physical Science was sceptical as
to their power. Nor did the editor hesitate to point a moral from the death of
Colonel Calvert. The following article is taken from the issue of December,
« The Disinfecting Fluids.—The experiments with these fluids have been
brought to a close, and from all that we have heard and read upon the subject,
our opinion as to any disinfecting properties possessed by either Sir W.
Burnett’s or Mr. Ledoyen’s is still unaltered. According to the results of
some experiments made at the Marine Hospital, Quebec, to determine which
possessed the greater power in mitigating or destroying the effluvium from
soil, votes were given in favour of Sir W. Burnett’s fluid. We apprehend,
however, that not much difference exists between them both in this respect.
M. Ledoyen treated the profession in Quebec to some novel therapeutic
ideas in relation to the injurious agency of the preparations of zinc on the
animal economy when applied to, and absorbed from ulcerated surfaces.
This is worth noticing only in so far as it evinces to what extend a preconceived
notion with strong enthusiasm can warp the judgement and influence
the reasoning facilities of an individual. M. Ledoyen has left for England,
after having suffered from typhus himself; and poor Colonel Calvert is no
more having succumbed to a more virulent attack of the same disease. We
sincerely sympathize with Colonel Calvert’s family in this bereavement they
have suffered; but at the same time, we regard the consequences to M.
Ledoyen and Colonel Calvert, as a strong proof of the fallacy of the views
which they entertained, and as affording matter for a homily on the whole
affair. »
The following report of Ledoyen is taken from « Papers relative to Emigration
to the British Provinces in North America, presented to both Houses of
Parliament, by Command of Her Majesty, June, 1848 » (Parliamentary Papers,
1848, vol. XLVII, No. 964.) 2

1 See above pp. 57, 62, 80, 101.
2 For earlier reports on the two fluids see Parliamentary Papers, 1847, vol. LVII, Nos.
599, 703.

COPY of a LETTER from M. LEDOYEN to Earl GREY.
20, Earl-street, Blackfriars.
(Received May, 6,1848.)


I HAVE the honour to report to you the result of a mission intrusted to
Colonel Calvert and myself, the object of which mission was to proceed to
Canada and to try if my proposed fluid known generally as « Ledoyen’s Disinfecting
Fluid, » would act as a disinfectant in restoring to a sanatory state
hospitals or vessels in which infection should exist from the accumulating
together under one roof of a great number of individuals affected with fevers.
To fulfil this mission in accordance with an order received from your Lordship,
we started on the 19th August, 1847, on board the « Caledonia, » and
arrived at Montreal on the 8th September following. We were received by
the Governor-General, Lord Elgin, with the greatest courtesy, who immediately
named a Commission, composed of the following medical men:—
M. McCullock, M.D.
Frances Badgley, M.D.
George M. Campbell, M.D.
Jas. Crawford, M.D.
Walfred Nelson, Hon. Com.
This Commission put itself into communication with us to try the value of
the fluid. By the report of those gentlemen, which was placed in the hand of
Lord Elgin, your Lordship will observe that we succeeded in disinfecting
enormous quantities of night-soil, and we also obtained the valuable result in
the English hospital of keeping several wards devoid of any effluvia for eight
or ten days. It is for similar applications that the Commission attached great
importance to our disinfecting fluid to which the advantage attaches of being
perfectly inoderous and emitting no odour in its application. Owing to this
latter fact; and in order to judge if our fluid would act effectually in disinfecting
vessels on board of which fever existed, we received from his Lordship,
Lord Elgin, in the latter part of September, an order to go to Quebec
and Grosse Isle where emigrant ships were unloading. At Quebec the Commissioners
of Marine and Emigrant Hospital were—
Messrs. J. Morin,
Jos. Parant,
H. Gowen,
who appointed a Commission consisting of
J. Painehand, M.D., and
M. Douglas, M.R.C.,
to verify and superintend the application of my fluid, and for the experiment
of Grosse Isle they appointed
Mr. G. Douglas.
Your Lordship will perceive, by a report transmitted to the Colonial Office
through Lord Elgin, that we disinfected, in the presence of Dr. Douglas and
Dr. Jaques, an emigrant ship called the  » Lord Ashburton, » in the space of one
hour, by simply throwing on the decks small quantities of the fluid, and by
waving between the decks a linen cloth saturated with the fluid.
This remarkable fact of disinfection lasted during the space of 60 hours
while the patients were removed, as has been, no doubt, reported to your Lordship
through Lord Elgin.
I will here take the liberty of laying before your Lordship two official
letters in corroboration of this important fact:—
« To J. Ledoyen, Esq.
« My dear Sir,  » Quebec, November 15, 1847.
« As you request, I have no hesitation in stating that I visited the ship
 » ‘ Lord Ashburton’ the day after her arrival in the dock of Quebec, and
 » examined carefully every part which had been occupied by emigrants during
 » the voyage, and disinfected at Grosse Isle by Ledoyen’s fluid.
(Signed)  » Jos. MOKEIN, M.D.,
 » Commissioner of Marine and Emigrant Hospital. »
 » To J. Ledoyen, Esq., at Adrien Hotel.
 » I do hereby certify that I was present at the above examination, and
 » found the vessel’s hold perfectly sweet, and the master declared that, previous
 » to the fluid being applied, the smell in the hold was most offensive.
(Signed)  » W. CAMPBELL, Her Majesty’s Notary. »
I wish further to remark that the ship has arrived in England, and that not
a case of fever has occurred. In the same report your Lordship will also find
that we succeeded perfectly in disinfecting with great promptitude the bilge
waters on board the barques  » Douce Davie  » and  » Henrietta Mary, » which
fact is also corroborated in official documents accompanying this Report.
The rapidity with which my liquid effects these results will, I trust, receive
from your Lordship and the Lords of the Admiralty immediate attention, for,
in my humble opinion, it is to the noxious effluvia arising from the bilge waters
that we must attribute the principal cause of disease on board vessels.
Disinfection not less remarkable was obtained at Newport, Virginia, U. S.,
by Dr. Grant, of Philadelphia, on applying my liquid on board vessels infected
with yellow fever. The disinfection there was complete, and the facts relating
thereto will be reported to your Lordship by the American Government.
I felt it my duty, and a part of my mission, to go to the authorities at
Washington to verify the authenticity of Dr. Grant’s experiments. I am happy
to state that the Medical Commissioners attached to the quarantine have promised
that when vessels arriving in port infected with disease have been disinfected
with my fluid, they will report the same to your Lordship.
I shall now beg to draw your Lordship’s attention to the experiments conducted
in the hospitals and sheds at Quebec under the superintendence of
Jos. Painchand, M.D.,
J. Douglas, M.R.C.,
Medical Commissioners, and in the report forwarded by them you will remark,
among many other facts, that we kept perfectly disinfected for more than a
fortnight ships and several wards. In that space of time the health of the patients
also greatly improved. Wishing to draw your attention only to the most important
points, you will find a certificate by Dr. G. Painchand, house surgeon to the
Marine Hospital, from which I quote the following passage:—
« Sir,—The experiments made in this hospital are for me, most satisfactory.
« Your fluid has really the power of disinfecting; the experiments made in the
« wards, given to you for that purpose, are evident proofs of my assertions. I
« must say one of the wards contained 36 children, the greater part of them affected
« with dysentery, although that ward was calculated for 15 beds only.

(Signed) « J. PAINCHAUD, Jun.,
« House Surgeon, Marine Hospital. »

And I am happy to remark to your Lordship that when we took charge of
those 36 children, the greater number of whom were hopeless cases, they experienced
relief on the application of the fluid to the ward in which they were confined,
and at the end of a few days rapid progress was made towards their
recovery; and it is gratifying to be enabled to state that nearly the whole of
the children were removed to a convalescent hospital under the direction of
Dr. Landry.
This fact proves, as Dr. Painchand, Jun., asserts, that this fluid is not only a
deodoriser, but is also, in fact, a disinfectant, and this opinion is further substantiated
by the experiments, as stated above, on vessels, and also your Lordship
will find in the official report that the application of the fluid to sloughing sores
and mortified parts at once removes their fcetor, and thus greatly increases the
comfort of the patients themselves, and the other patients in the same wards.
Your Lordship will remark also, in an official certificate accompanying this
report, that Dr. Painchand, Sen., one of the medical visitors to the Hospital of
Marine, and dean of the medical faculty, states the following:—
« I certify that M. Ledoyen’s disinfecting fluid has been employed in the
« Marine Hospital with an astonishing success. The hospital was then crowded
« with emigrants affected with typhoid fever; chapel, passages, hall, even the
« stairs, all were occupied with the patients; such a confusion was the cause of a
« great deal of dirt and particularly an awful smell. I have the pleasure to say
« that wherever the fluid was employed, all bad and disagreeable smell imme-
« diately disappeared. »
The following certificate was also given to me by the parties who witnessed
the disinfection of a cesspool at the Hospital of Marine:—
« We, the undersigned, certify that we were present at the disinfection of
« the water-closets of the Marine Hospital. That these water-closets commu-
« nicated with a fosse d’aisance of a great extent.
« That the operation was performed by M. Ledoyen with his disinfecting
« fluid; all bad smell disappeared completely and instantaneously after its use.
(Signed) « J. DOUGLAS,
« H. M. MARTIN,.
« Jos. MORRINE, M.D.
« J. J. LANDRY, M.D.
« Jos. PAINCHAND, Medical Resident.
« J. REID, Steward, M. and E.M.

I take the liberty of informing your Lordship that, during the two months
we were at Grosse Isle, we made numerous experiments on patients whose wounds
were of an infectious nature, the effluvia arising therefrom was a source of great
annoyance to their fellow patients.
In all cases my fluid removed the stench in a few minutes, and in several
cases was the means of saving the lives of miserable beings whose deaths seemed
inevitable. Amongst the experiments made with the medical men of Quebec and
Grosse Isle, we succeeded in curing several putrefactious wounds, as stated in the
Official Report, but on this point there is a remarkable cure to which I beg leave
to direct your Lordship’s attention, as certified by Dr. Jos. Painchand, Sen.,
« During the last epidemic, cases of gangrene of the lower extremities have
« been frequent. The late Colonel Calvert, during M. Ledoyen’s illness, asserted
« that the fluid would not only stop the gangrene, but that it would also re-establish
« vitality in the afflicted limbs. I must acknowledge that I differed in opinion
with the Colonel, especially when I saw him determine to apply cold applications.
« He begged that I would give him a case; I yielded to the request. I must
« in justice declare that the Colonel succeeded in his experiments to my great
« astonishment and surprise. The discovery, in my opinion, is highly important
« for hospitals in general, but particularly for the naval department. All the
« facts which I have related, with the exception of the disinfection of the vessels
« at Philadelphia, were performed from the 8th September to the 2nd November,
« with the help of the late Colonel Calvert. »
It is here my painful duty to relate that at that period I was deprived of the
valuable assistance of Colonel Calvert, who was taken ill, arising from the immense
fatigue, anxiety, and exertion which he evinced in his ardent wish, not only to
fulfil the high responsibility your Lordship conferred on him, but also in the
ardent zeal he showed in conferring relief to those bowed down with disease and
affliction. In relieving sufferers he forgot the evidence that every day medical
men were falling victims to the raging epidemic which carried off so many
thousand individuals.
By working night and day he brought on himself that fever which deprived
me of an indefatigable colleague and warm-hearted friend, and his family of an
affectionate parent.
Having collected the necessary papers and certificates, I went back from
Quebec to Montreal. I would wish here to draw the attention of Government to
a few suggestions:—
It appears to me that the sheds at Montreal have not been built in a proper
situation; placed as they are, the west winds, which last the greater part of the
year, bring into the town the infectious effluvia arising from the sheds: further,
these sheds being built near the town and on the borders of the St. Lawrence,
the water of the river brings to the borders of the town the refuse from the
hospitals, and consequently the water is impregnated, and may become a source
of disease to the inhabitants. I also make the remark, that the cemetery is too
near the hospital and that at Gross Isle, being placed in the centre of the sheds;
most serious consequences may result when we reflect that above 2,000 people
Were buried there last autumn, coffins in many instances being placed one above
the other, and only within a few inches of the surface of the ground. When
the snow disappears, and heat brings on rapid decomposition, I apprehend serious
results at Montreal. Upon my arrival I had all my private certificates countersigned
by the Governor-General, Lord Elgin and which certificates accompany
this report.
It is here my duty to express my gratitude, and that of the late Colonel
Calvert, for the constant kindness and assistance we received from Her Majesty’s
Governor-General, Lord Elgin, M. W. Campbell, Esq., Her Majesty’s notary,
as also the medical gentleman appointed by Lord Elgin.
Before leaving Canada, I gave my fluid into Dr. Pacot’s hands to sell it, and
to make the best use possible of it, on condition that he shall give 15 per cent,
of the profits arising from the sale to the Irish hospitals at Montreal and Quebec.
I then proceeded to New York, with the intention of returning to England;
but having to verify the fact of Dr. Grant’s experiment, I proceeded to Washington,
and there, having found persons wishing to undertake my process, I took
a patent for the United States, and then proceeded back to New York where I
was presented by Mr. Barclay, the English Consul, to Drs. Shield, Anderson,
Griscorn, Boyd, and Sterling, belonging to the hospitals and quarantine.
I hope shortly to have the honor of laying before your Lordship several
certificates countersigned by the American government, which certificates will
show that I succeeded in curing erysipelas of the face, removing the pains from
burns, &c. &c.
I left New York on March 11, and arrived in London April 13.
Having concluded the narrative connected with my mission, I would now
respectfully offer the following general remarks:—
I feel confident, that if my fluid had been in use when the fever first commenced
in Canada, its ravages could have been altogether stopped. I infer this
from the fact of my being able to disinfect a ship, a ward, or any confined and
distinct locality. But before we had even been despatched to Quebec and still
more when we arrived there, the fever had reached a height, and spread so
frightfully and extensively, that disinfection in every quarter to which its ravages
had extended became impossible.
If at the time of the emigration season commencing in each year care can be
taken that amongst other sanitary means used the fever is, by a free use of my
fluid, checked and kept down at the places where the emigrants disembark and
temporarily locate when in bad health, I doubt not that the colony will be as free
from infectious disease as the mother-country which the emigrants quit, and they
would be all soon enabled to mix amongst the population and seek for employment
without risk to the health of the general community.
But these precautionary measures must be followed up by enforcing the use
on board of emigrant vessels of my fluid for disinfecting, cleansing, or purifying
their holds and the bilge-water. I confidently assert that many hundreds of
valuable lives of emigrants may be saved, if amongst the regulations established
for the government of emigrant vessels a rule be laid down to employ my fluid
daily in disinfecting the holds, and every third or fourth day in deodorizing the
I hope your Lordship will forgive me for offering these observations.
In conclusion, I trust the Government of Great Britain may find that it will
be a public benefit to make arrangements with me for spreading the knowledge
and use of my fluid through every portion of the British Dominions at the lowest
possible cost, and I shall be happy to concur in those arrangements.

I have, &c.


The Right Hon. Earl Grey,
&c. &c. &c.


1 See above p . 79, 101, 103.
2 G. 129, p. 394.

No 142


1st December 1847


I have purposely deferred answering your Despatches of the 28th of June
and of the 13th of July, transmitting addresses to Her Majesty from both Houses
of the Provincial Legislature, and from the corporation of Montreal, on the
subject of the Immigration into Canada of the present year, until the termination
of the season for Emigration had enabled me carefully to review all that
has taken place during its progress.
I have now to inform your Lordship that I have had the honor of laying
those addresses before the Queen and that Her Majesty has been pleased to
receive them very graciously, and I have further to instruct your Lordship to
acquaint the Public Bodies from which these addresses proceed that in obedience
to Her Majesty’s commands Her confidential Servants have most anxiously
applied themselves to consider what measures it may be expedient to adopt in
order to meet the just wishes therein expressed, by guarding so far as human
precautions may avail to do so, against the recurrence of calamities, so deeply
to be deplored as those, which during the year now about to close, have befallen
not only the Emigrants who have left our shores, but through them the Inhabiants
of the British North American Colonies.
I need scarcely assure your Lordship that these calamities, as described in
your Despatches and in the Public Journals of the Colony, have caused to us
most sincere and lively sorrow, but upon looking back at the melancholy history
of these sufferings, it is at least some consolation to Us to reflect that they do
not appear to have been produced or aggravated by Our measures, or by Our
having neglected any precautions it was in Our power to adopt. It is no slight
gratification to us now to remember that strongly as we were urged in the
beginning of the present year to take measures for carrying emigration from
Ireland to a much greater extent than that to which it could naturally attain,
and to encrease the multitudes who flocked unaided to America, by providing at
the public expense for the conveyance across the Atlantic of a large additional
number of those who were anxious thus to fly from distress in Ireland, we
steadily refused to do this, and abstained from giving any artificial stimulus to
the tide of emigration, while at the same time we took such precautions as were
in our power to mitigate, as far as possible, the sufferings to which we foresaw
that even this spontaneous emigration would most probably give rise.
As it is highly important that the people of Canada should clearly understand
both what were the measures which Her Majesty’s Government really
adopted in order to meet the difficulties which were anticipated from the emigration
of so large a body of persons from Ireland, and also why those measures
were not carried further, I have called upon the Colonial Land and Emigration
Commissioners to draw up a Report (not for my own information but for that
of Your Lordship and of the Public both at home and in the Colonies) explaining
fully the policy which had been pursued, and the obstacles which stood in the
way of any more effectual interference on the part of Her Majesty’s Government
for the purpose of averting those Calamities which have unfortunately occurred.
I have now the honor of forwarding to Your Lordship a Copy of the Report,
which, in compliance with the Instructions I had conveyed to them, has been
furnished to me by the Commissioners. In this very able document Your Lordship
will find it to be shewn that it would have been practically impossible, and
that, if possible, it would have been inhuman and unjust, to have interfered
by any exercise of the Authority of the Legislature, or of the Executive Government
to detain at home the multitudes who, during the past year, have endeavoured
to escape from misery and starvation by emigrating from Ireland to
America, and also that the emigration of so large a number of persons who had
previously suffered so severely from the consequences of that visitation with
which it had pleased Providence, to afflict us, inevitably led to the breaking out
of disease, which could not be prevented from spreading itself from the Emigrants
to the inhabitants of the Colonies to which they nocked. The latter have however
in this respect only suffered in common with Liverpool and various other
places in Great Britain to which the Natives of Ireland have brought the fever
which raged in that Country. I need scarcely inform you that the evils to
which these Towns have been exposed from the Immigration from Ireland of
vast numbers of persons suffering from destitution and disease have been most
serious, and have been the subject of very great complaint. It has been beyond
the power of either the Executive Government or of Parliament to prevent the
effects of the calamity by which Ireland has been visited, from being severely
felt in other parts of the British Empire on both sides of the Atlantic.
I must refer you to the report itself for the facts and reasonings upon which
are founded these conclusions as to the past, and I now proceed to the more
important question as to what are the measures, which, from the experience
of the present year, may be considered best adapted to improve, the mode of
conducting emigration for the future. Upon this subject, after having maturely
considered the different suggestions of the Commissioners, I am not of opinion
that it would be sufficient to accomplish the object in view, that Parliament
should pass a new Passengers Act enforcing the various additional regulations
which they have proposed. It may be expedient that the Passengers Act should
be thus amended and Her Majesty’s Government will not fail very carefully
to consider whether any proposal to that effect should be submitted to Parlia-
ment, but I am of opinion that, even if this should be done, it would not
supersede the necessity of other measures which may best be adopted in the
Colonies, looking to the results of the Emigration, not only of the present, but
of former years, it will be found that the health and comfort of Emigrants during
their voyage depend less upon the regulations established by Law than upon
the care and humanity of those by whom their conveyance is undertaken.
When the Owners and Masters of Ships, and the brokers to whom Emigrants
apply for passages, have exerted themselves to perform their several duties
effectively and in the spirit of the existing law, the regulations of that law
have proved sufficient to protect Emigrants from any serious amount of suffering
except that arising from the attacks of disease, against which it was impossible
to guard. On the other hand it is equally proved by experience that it is extremely
difficult to ensure by detailed regulations enforced by penalties, that
treatment of emigrants which is necessary in crowded Ships in order to prevent
their health from being injured. The most perfect rules which could be devised
with regard to the maintenance on board of Emigrant Ships of proper ventilation,
cleanliness and regularity, would be of little avail unless in each Ship there were
placed some public Officer to see that they were obeyed, and this, I need hardly
observe, the very large number of Ships employed in this Trade would render
practically impossible. Hence it seeems to follow that while some general regulations,
the breach of which can easily be detected and punished, may with great
advantage be established by Law, the requisite attention to the health and comfort
of Emigrants may best be secured by making it the obvious pecuniary interest
•of those by whom their conveyance to the Colonies is undertaken, that they
should arrive without having suffered from sickness. Nor does it appear
difficult to devise the means by which this may be accomplished, a very simple
alteration of the Colonial Law, under the authority of which the Emigration
tax is levied would answer the purpose. I would suggest for the consideration
of yourself and of your Council, that the Provincial Legislature might with
great advantage be invited to enact, that in case a Ship is placed in Quarantine
for more than such a brief specified period as would merely suffice for observation
or cleansing, the Tax on every Emigrant on board should be doubled,
and that if detained so long that the double tax would not cover the consequent
expenditure the surplus shall also be charged to the Ship, provided that the
whole amount levied on this account is not to exceed the rate of £1 per head.
The enactment of a law of this kind would render it so manifestly the interest
of the Owners and Masters of Ships to avoid receiving on board passengers
laboring under infectious diseases, and to enforce the cleanliness, ventilation,
and attention to diet on which the health of large bodies of persons at Sea so
entirely depends; and so much is in the power of those whose interests would
thus be engaged in preventing abuse, that such a measure would supersede the
necessity of a multitude of minute regulations which it would be extremely
difficult to enforce. The same principle might also be applied in attempting
to check another evil which has been the subject of much and of just complaint.
I observe it is stated in the reports now before me, that there have arrived both
in Canada, and in New Brunswick during the present Season, a large number of
persons totally destitute and at the same time incapable of labour, and that a
considerable burthen is likely to be thrown upon both Provinces by the maintenance
of Emigrants of this description, consisting of Widows and Children
and of the Aged and Infirm. It is impossible to deny the justice with which the
Colonies complain of this burthen, and in order that they may not in future be
exposed- to it, I am of opinion that it would form a very proper provision in any
new law to be enacted by the Provincial Legislature that in every case in which
the local authorities of the Port at which the Emigrant Ship arrived, saw reason
to apprehend that any of the Emigrants might become a burthen upon the
Colony, they should be empowered to require from the Captain, before the Vessel
should be permitted to clear out on her return voyage, security for the repayment
of any expense which might thus become necessary on account of such
Emigrants within one year after their arrival. This would be a provision somewhat
similar to that which exists in the of New York upon this subject,
but that Law requires the Master of a Ship to give security for all his Passengers,
at the the time giving him the option of avoiding this obligation by
paying one dollar a head as commutation money, and practically this payment is
always preferred. The effect, consequently, of this arrangement is merely to
impose an additional Emigrant tax of a Dollar a head, without giving to the
Ship Owner any motive for preferring passengers likely to be able to maintain
themselves by their own labour, to those who are not so; it would be advisable,
in order to discourage the introduction of helpless paupers into Canada, that
the Ship Owner should be required to give security only for those of his passengers
who might obviously come under this description, but, that on the other
hand, he should only be entitled to avoid this obligation by the payment of 10s/ a
head on all such Emigrants. Should it be considered that it would be found
practically difficult for the local authorities to determine in what cases to call
for this security from the Masters of Ships, the object in view might be partially
attained by imposing an additional tax of 5s /upon Women and Children, and
Men appearing to be Sixty years of Age and upwards. I am aware that an
indiscriminate encrease of the tax upon Women and Children would be less
directly calculated to attain the end in view than the regulation I have first
suggested and it might not be altogether free from objection; still I am of opinion
that such an encrease of tax without at all preventing able bodied Emigrants
from carrying with them their Wives and Children would tend to discourage the
arrival of too large a proportion of the class of Emigrants most likely to become
chargeable to the Province, while looking to the purposes to which the money
raised by the tax is applied, it would be only reasonable that, as being the most
likely to become chargeable, such Emigrants should pay more than others.
With a similar object, I should suggest that the tax otherwise payable
should further be doubled in respect of all Emigrants who should arrive later in
the season than the 1st of September, and should be trebled on those arriving
later than the 1st of October in each year. There is no doubt that the arrival of
Emigrants so late in the Season greatly increases the probability of their becoming
a burthen on the Province during the Winter, and the tax to whieh they
are liable should be augmented in proportion.
It might also be expedient to add a clause imposing a penalty upon the
Ship if it should appear that during the voyage the passengers had not been
supplied with a proper amount of provisions. You will find it explained in the
enclosed Report that the ration of Bread which the Act of Parliament requires to
be supplied to Emigrants by the Master of the Ship was not intended to be their
only food, but that in the scarcity of last year many of those who embarked for
America were induced to trust entirely to the Ships provisions, which afford by
no means a sufficient allowance for the maintenance of health, it would therefore
seem highly expedient that, in any provincial Act which may be passed, the
Masters of Emigrant Ships should be required to take care that their passengers
should either put on board a stock of provisions for themselves, or that such an
addition should be made from the Ship’s Stores to the ration of Bread now required
by law, as to guard against the consequences of an inadequate allowance
of food.
The enactment of such a law as I have now described would be calculated
to relieve the Province both by diminishing the expenses which would be likely
to be thrown upon it, on account of the Emigrants who arrived, and also by
encreasing the amount of the tax now levied upon them, and applicable to these
expenses. To such a measure therefore not carrying the restrictions to be
imposed upon Vessels engaged in this trade further than I have suggested, Her
confidential Servants would be prepared to advise that Her Majesty should
assent, but I must remind you that while it is proper, for the reasons I have
stated, that some such regulations as I have recommended should be enforced,
the true interest of the Province, no less than that of this Country, requires
that these regulations should not by their over severity throw needless obstructions
in the way of an intercourse between the Queens Dominions on this and
on the opposite side of the Atlantic, which is of the utmost importance to both.
Not only has Emigration been the means of adding largely, in the last twenty
years, to the industrious Population, and, therefore, to the wealth of Canada,
but also it is to be recollected that the profit derived from the conveyance of
Emigrants in the outward voyage, enables the Ships which carry them to
bring back the produce of Canada at a much cheaper rate than would otherwise
be possible. « With regard therefore to any Bill for the regulation of
Emigrant Ships which may be tendered for your acceptance by the other
branches of the Provincial Legislature, it will be your duty carefully to consider
its provisions before you assent to it, and to decline doing so, if you
shall judge that it is of too rigorous a character. It is the more indispensable
that you should perform this duty with caution and with firmness, on account
of the obvious inconvenience which would arise from its being necessary, that
Her Majesty should disallow an Act upon this subject to which your own
assent had been given, while at the same time it would be impossible that
Her Majesty should be advised to permit an Act imposing needless, or improper
restrictions, upon so important a trade to remain in force. I should further
recommend that the operation of any Act of this description should be limited
to two years; this would remove much of the difficulty of permitting it to
continue in force, if it should contain any provisions of a questionable
character. I have also to instruct you, if any such Act shall be passed, to
forward it to me by the very earliest opportunity, in order that Her Majesty’s
final decision may be pronounced upon it with the least possible delay.
Before I close this Despatch I have only further to direct your Lordship,
in bringing this most important subject under the consideration of your Council,
and of the Legislature, to remind them that, although the enactment of such a
Law as I have suggested might be of great service in checking abuses, and
preventing the recurrence, with the same intensity as before, of the evils which
have just been so seriously felt as arising from Emigration, it would do nothing
towards the accomplishment of such an improvement, as I believe to be no less
practicable, than it is desirable in the existing mode of settling, upon the soil of
Canada, the host of Emigrants which annually lands in her Ports. Upon this
subject I have, in former Despatches, so fully stated my views, that it is only
necessary for me now to repeat my firm conviction, that there is nothing in the
situation of Canada which renders it impossible by judicious regulations to
provide for the occupation of her vacant Territory in a regular and systematic
manner, instead of leaving this to be effected, as heretofore, by the desultory,
and too often ill-directed efforts of Individuals. The saving of labour and of
Capital, which would result from such a system, would cause the encrease of
the numbers of her inhabitants by emigration, to be the means of advancing the
province yet more rapidly in wealth and in civilization. The powers necessary
for establishing such a system, are by the Constitution of Canada vested in her
own Legislature and people; to them therefore I must commit the consideration
of the subject, only assuring them, through Your Lordship, that any measures
they may adopt for this purpose will meet with the best encouragement which
it is in Her Majesty’s power to afford.

I have the honor to be
My Lord,
Your Lordship’s most Obedient
Humble Servant


The Right Honorable
& & &

1 A copy of this despatch, is to be found in Papers Relative to Emigration to the British
Provinces in North America and to the Australian Colonies, Part I, presented to Both Houses
of Parliament, December 1847, Parliamentary Papers, 1848, No. 50.

Enclosure in No. 20.1

1 From Parliamentary Papers, 1848, No. 50, vol. XLVII.

Colonial Land and Emigration Office
20 November 1847.


In compliance with Earl Grey’s directions, we have carefully
perused the various communications from Canada and New Brunswick
on the sufferings which have attended the immigration of this
year. We now proceed to furnish the Report required from us upon
them; and in so doing, we shall not confine ourselves to proceedings
belonging to this Board, but shall equally mention in their place the
measures of Government, and any facts requiring to be generally
known, in order that, as we understand Lord Grey to desire, the
whole subject may be brought under review together, in a convenient
shape for the information of the Provincial Legislatures, and for
consideration in this country.
Representations on the sickness and distress in British America
have been received from public bodies, which, even if the gravity of
the occasion was not in itself apparent, must have commanded attention
from the weight due to their own authority. The Crown has
been addressed by both Houses of the Canadian Legislature, as well
as by the Corporation of Montreal. In New Brunswick the Legislature
was not sitting during most of the immigration, but an earnest
appeal has been received from the Common Council of St. John, the
great port of arrival in that province. All of these addresses agree
in representing, that not only has the recent immigration introduced
disease which has spread to the resident population, and in various
ways swelled the amount of distress, but also that it consisted to a
large extent of destitute, vagrant or helpless classes; and while every
disposition is expressed by the authorities to receive their fellow-countrymen
hospitably, they insist upon the necessity of devising
means to prevent the recurrence of this year’s sufferings.
We trust we may be permitted, at the outset, to express the deep
concern with which we have read these accounts of the ravages of
disease amongst bodies of people about whom our duties had necessarily
engaged us in much correspondence, and for whose protection
we can truly affirm that, during the trying season which has elapsed,
our time and thoughts were constantly occupied in endeavouring to
secure a faithful and vigorous exercise of such powers as the law
affords. But, instead of dwelling on sentiments of regret, which must
be shared by every person of humanity, we shall proceed at once to
the practical questions which arise out of the subject.
Two topics, it will be observed, have to be considered; viz., the
sickness and the destitute or helpless condition of the people who
emigrated. These grounds of complaint appear distinct from one
another. For should the former admit of being more effectually
opposed in future years by any new regulations, it might still remain
a question whether persons of unsuitable age or habits could be
successfully prohibited from effecting, or proprietors be prevented
from assisting them to effect, their removal to the colonies. Both
evils, we believe, to the extent to which they prevailed in the recent
season, will be found traceable to the extraordinary state of suffering
in Ireland. The chief questions that will suggest themselves
are probably, what were the causes of these misfortunes, whether
they could have been averted this year, and whether they admit of
prevention hereafter.
Before proceeding to more general considerations, there are two
preliminary statements which appear to us essential to remove mis-
conception. In the first place, we would point to the enormous extent
of the emigration. In 1846, which was a year of larger emigration
than any that preceded, it amounted to 129,851 persons. But in the
first three quarters of the present year the emigration has extended to
no less than 240,732 persons, almost the whole of them consisting of
Irish emigrants to North America. Whether the probability of this
vast efflux of people ought to have led to any special legislative measures,
is a question which we by no means propose to pass over or neglect.
It will be considered in its proper place. But in the meantime,
it is important to bear in mind, that the very fact of the departure
of such enormous and totally unprecedented multitudes, and still more
the cause by which it was produced, could not fail, with the best arrangements,
greatly to augument the probability of suffering and
In the next place, it is necessary distinctly to remember that none
of the people were in any way selected or sent out by the Government.
Nor does there even appear reason to conclude that any very large
proportion of them were sent out by their landlords. On the contrary,
we are assured on high authority, that long beforehand, the people
were engaged in their preparations to escape from the want and
misery of their own country. All the money that could be spared
was laid by, and the Savings Banks were laden, as is well known,
with deposits, which the best informed persons did not doubt to be
destined to this purpose. No emigration could have been more
thoroughly spontaneous. Whether it would have been right or possible
to stop it, is a question which may be asked, and on which we
shall be ready to submit a few remarks before we close this Report.
But for the purpose of forming any clear judgment on what actually
occurred, it is essential to understand that the Government had
nothing whatever to do with the selection of the emigrants, but that
they consisted of people who, seeing starvation impending at home,
used the pecuniary means they possessed to provide themselves
with a passage to a country where they thought that they would
be able to live.
Having thus endeavoured to guard against two misapprehensions
which we believe are not of infrequent occurrence, we would
observe that, although it has not hitherto been deemed that Government
could interfere with the kind of people who go out to the
colonies, it has always been considered part of its duty to seek from
the Legislature, and duly to enforce, such general regulations as
might tend to protect the passengers against frauds on shore or disasters
on the voyage. We proceed, therefore, to mention how far
there was ground, from previous experience, to suppose that sufficient
precautions existed for these objects; what would appear most
obviously to have been the causes of the change which occurred this
year; and especially how far there is any reason to suppose that it
can be ascribed to any neglect of duty in the officers entrusted with
enforcing the law.
The annual returns show that in no earlier period of five years
had so many people emigrated as in the five years ending with
1846, and yet the whole of this large emigration was effected healthily
and prosperously. We annex a return, by which it will be seen
that the deaths on the voyages to Canada did not exceed one-half
per cent, or five in every 1,000 persons embarked, and that the
deaths in quarantine did not exceed 1 1/3 for every 1,000 persons
embarked. And as evidence of the state of health and efficiency in
which they landed, we annex a summary of the succesive statements
of the emigrant agents in Canada, showing that the people
found no difficulty in getting employment, and had become readily
absorbed in the mass of the population. The Government, therefore,
at the commencement of the present year, was in possession
of this fact, that in the preceding five years a greater number of
persons had emigrated to North America than had ever done so
before, and had emigrated, under existing arrangements, without
sickness and without any serious difficulty or disaster.
But in 1847 a famine having occurred in Ireland, followed by
fever, it appears by some of the latest returns from Canada, that
the deaths on the voyage have increased from 5 in every 1,000 persons
embarked to 55, or to eleven times their previous rate, and
that so many more having arrived sick, the proportion of deaths
in quarantine to the numbers embarked has increased from 1 1/3 to
no less than 60 in the 1,000, making a total mortality of nearly
twelve per cent. One example is even mentioned where, by extreme
care, the fever having been averted during the voyage, it broke out
after arrival, so deeply laid were the seeds of disease. Can there
be any doubt of the reason why, all public arrangements remaining
the same, so sudden a change had occurred? How violent had been
the disease in Ireland may be seen from a part of the Poor Law
Commissioners’ Annual Report. The number of inmates in the
workhouses having increased from 50,000 in April 1846, to upwards
of 100,000 in April 1847, the number of deaths among those in-
mates had increased from about 160 per week to no less than 2,700,
or from 3 in a thousand to 25. It appears, that in the first four
months of this year, 54 officers connected with workhouses, including
7 clerks, 9 masters, 7 surgeons and 6 chaplains, died out of the
number of 150 who had been attacked by disease taken in the discharge
of their duties.
We have seen it mentioned as a matter of reproach to Govern-
ment, that whilst British emigrants have this year suffered so much,
no unhealthiness appeared amongst foreign emigrants. But this very
fact points to the true cause of the evil. German passengers have
made the voyage healthily, because there has been no fever in Germany.
In like manner it is a remarkable fact, that the ship returns
after arrival do not exhibit great sickness amongst vessels sailing
from the majority of Scotch or English ports, nor even from several
of the Irish ports. But from Liverpool and from Cork, where the
fever which had been produced by the famine was most extensive,
the disease amongst the passengers has been the greatest and the
other principal cases will be seen by the returns to have occurred in
vessels sailing from ports where the fever was the most severe.
Another fact to which we would draw particular attention is, that
whilst ships quite filled with emigrants from healthy places made the
voyage successfully, there are instances (as will presently appear)
of vessels sailing under the most favourable circumstances from Cork,
carrying military pensioners well fed, and under the care of their own
surgeons, who suffered quite as much as the other emigrants from the
same locality. Thus the most ordinary arrangements were enough, if
ships sailed from places where no pestilence prevailed; the best
arrangements were fruitless, if they sailed from infected ports.
The question of the sickness in this year’s emigration has been
discussed in a letter to the  » Times  » from the late Dr. Coombe, not
less temperate in its tone than judicious and humane in most of its
suggestions; and in the sequel it will be found that we have not
failed to bear several of them in mind. But our object here is to
notice one point which appears to us to require explanation. Dr.
Coombe’s letter quotes a remark reported to have been made by Earl
Grey in the House of Lords, that the emigrants had « embarked in
« such a state of health that in some cases the very change to a better
« diet on board of emigrant ships had caused fever to break out
« amongst them. » And the letter then points out the limited and inadequate
sustenance which the ship’s ration could afford, and suggests
that Lord Grey must have been misinformed.
We are anxious to explain that it has never for an instant been
supposed that the ship’s allowance of bread constituted, without other
food, a sufficient and proper sustenance for passengers to North
America. As a security against actual want, the vessel is bound by
law to furnish daily a pound of bread to each passenger; but it has
always been enjoined upon emigrants that they ought to furnish them-
selves with other kinds of food; and so they always have done, until
this year’s scarcity. But the present question is not whether the
ship’s bread is enough for the whole support of a passenger; it is
whether, when a man had previously been starving, the change even
to that diet might not in some instances have been one of the causes
which brought on fatal disorder. Whatever may be the true answer
to this question, the authority for Lord Grey’s remark is to be found
in a statement, to which we had drawn attention, by Dr. Douglas, who
has for several years visited and examined the vast multitudes of
emigrants who have arrived in Canada, and than whom no man is
better entitled, both by knowledge and by the humane interest he
takes in the subject, to have his opinion cited. In a letter, in which
it is impossible not to see that every expression is dictated by genuine
feeling, he says,  » all the Cork and Liverpool passengers are half
 » dead from starvation and want before embarking, and the least
 » bowel complaint, which is sure to come with change of food, finishes
 » them without a struggle. »
« We shall conclude our notice of the apparent causes of this year’s
sickness, by quoting the opinion of some of the officers of the largest
experience in British America. Mr. Buchanan, as Lord Grey is
aware, has for several years discharged the office of Chief Emigration
Agent at Quebec with much credit. Mr. Perley has had the same
opportunities of observation in New Brunswick as Mr. Buchanan and
Dr. Douglas in Canada. Now from Mr. Buchanan (who, we regret
to say, has suffered from a dangerous attack of fever), we have not
yet any general comments; and he merely remarks in one place that,
as we have above said, the ship’s allowance is not in itself a sufficient
amount of food. In a letter which we have recently seen from Dr.
Douglas, he writes as follows:—It has been said « by people not in-
 » formed on the subject, that the frightful mortality and sickness was
 » caused by the over-crowded state of the passenger-vessels, and the
 » want of proper food and medical attendance. Now, however much
 » these might have mitigated the evil, it could be easily proved that
 » it was not caused by their want. The thousands of German emi-
 » grants who arrived this year, all came in good health, and they were
 » more crowded in consequence of their greater quantity of baggage.
 » The transports ‘ Blenheim’ and ‘ Maria Somes,’ with pensioners and
« their families from Cork, were just as sickly as other vessels, yet
 » these had plenty of room in well-ventilated vessels, good staff sur-
 » geons, and were regularly supplied with good wholesome food,
 » animal and vegetable, daily. The disease was in all cases brought
 » on board the vessels (not generated there), and it found fit sub-
 » jects in the half-starved miserable wretches who composed the
« mass. » Mr. Perley, whose intelligence and zeal are favourably
known to Lord Grey, also concurs in chiefly attributing « the greatly
 » increased mortality to the debilitated state of the emigrants before
 » embarking and their inability to bear the fatigues of a sea voyage
 » after long fasting and other privations. »

Of course we do not mean that if the nature of the case admitted
of putting the people under strict discipline and control, or if their circumstances
were such that they could be better provided with clothing,
more cleanly in their habits, and better fed, all these favourable
elements would not greatly improve their chances of health. On the
contrary, Sir William Colebrooke and some of the agents often justly
point attention to the superior condition in which vessels arrive, when
the masters have fortunately been able to enforce attention to any of
these points. But this circumstance has been common to the emigration
of every year. All we have wished to show is, that no serious
misfortunes having occurred in former emigrations, the cause of the
great difference between them and the emigration of this year, has
been the state of Ireland.
Next comes the question, whether there has been any neglect of
duty by the officers employed to enforce the Passengers’ Act. We trust
that this will not be assumed against them merely because misfortunes
have occurred, of which we have just shown how comprehensive and
how powerful were the causes. Circumstances beyond their control
have this year produced the most deplorable sufferings, in the midst
of which the only just question, as far as regards these officers, is
whether they have faithfully discharged such powers as they have at
their disposal.
In support of the hope we entertain that they will be found to
have so acted, we might partly rest on the nature of the correspondence
in which we are daily engaged with them. We might also refer to the
opinions which we often find expressed by gentlemen of station who
have occasion to pass through the places where these officers are employed,
and to see the manner in which their duties are performed.
And at some of the largest ports in the kingdom we have good reason
to know the satisfaction felt by the merchants and resident public
authorities with the conduct of the Government emigrant agents. But
we will not dwell on any of these topics, because we think that the
most direct evidence how the duty is discharged is to be found in the
reports which arrive from the other side of the Atlantic.
Every emigrant ship is visited and examined immediately on
reaching the British provinces by officers specially appointed for the
purpose, who report each violation of the Act, which if it be of a kind
that could have been prevented or detected beforehand, is then made a
subject of inquiry in this country. Now we will not lay any stress
on the circumstance that no returns have yet arrived from Canada,
pointing out defects or reporting the necessity of prosecutions there,
because under the extreme pressure of this year it is very possible that
it may have been found impracticable to observe the usual rigour, or
that the detailed returns may still be incomplete and may arrive at a
later date. But we beg leave to point out, that throughout the more
general official reports which have been received from Canada, there is
not the remotest intimation that there appeared any signs of neglect
of duty in the circumstances under which the ships have sailed. If
there had been reason to suppose that there were indications that the
fever was in any degree traceable to defects for which the Pasengers’
Act afforded a remedy, it is inconceivable that the principal officers in
Canada, who were witnesses of such lamentable sufferings, would not
have mentioned the fact. But, on the contrary, we have shown already
that they ascribe the sickness to very different causes.
And from New Brunswick we are able to supply some information
in detail. Returns have been received for 81 ships; in five of which
there was a very limited excess in the number of pasengers, mainly
occasioned by differences in the mode of computation, and far too
small to affect the people’s health. With respect to two of the vessels,
it was complained that they had only a deck on temporary beams;
but many of the vessels in the North American trade have no permanent
beams or decks, and it has been judged that the officers in this
kingdom are not at liberty to object to the others, if they are securely
fixed. We have ascertained that they attended to the subject in these
two instances, and satisfied themselves, to the best of their judgment,
with the fastenings, which we do not understand to have given way.
Setting aside the preceding instances, which are at any rate not
of a kind directly to affect the people’s health, we find that out of the
81 ships which have as yet been heard of, there are only three in which
it has been detected that there was any defect in the quantity or
quality of provisions laid in before sailing. One of these vessels (viz. the
 » Sea « ) was despatched by a firm at Liverpool, which had long been
watched and frequently prevented before from sending bad provisions.
They escaped detection in the present instance, but their license will be
opposed at the end of the year; and it may consequently be expected
that they will be removed from the trade. In another case, the vessel
(the  » Bloomfield « ) had been driven back to Ireland, and the law,
which has since been amended, did not at that time afford adequate
means of compelling the provisions to be replenished. The third case
is that of the  » Magna Charta, » in which we have no doubt that the
quantity of the provisions on board was too small. But it would
appear that some imposition must have been practised before starting,
as the receipts were produced for the full quantity necessary, and their
sufficiency was attested by the master, who afterwards made the complaint.
We may, perhaps, here explain, that a defect now and then
may be expected to escape the preliminary inspection in this country;
but that for that very reason it is part of the system to rely also on the
check supplied by the officers at the port of arrival. Having thus
specially reported on three cases in which defective provisions were
mentioned, we may observe, that, with respect to the great majority
of the ships, it is common to find the goodness and sufficiency of the
provisions especially noticed in the Returns.
On an unfavourable remark made by Mr. Boyd, at St. Andrew’s,
without specifying instances, we have reported separately.
But while, for these reasons, we would submit, that there is no
ground to assume that the enforcement of the ordinary law was
neglected, we may be allowed also briefly to advert to the special
measures which were adopted to meet the exigencies of this year.
The emigration estimate was at once increased by Her Majesty’s
Government from 10,364L to 23,813L Five officers were appointed at
new stations in Ireland. Lieut. Hodder, at Liverpool, whose energies
were to be so severely taxed by the vast multitudes who pour through
that town, was reinforced by some very efficient assistants. The vote
taken for relief in Canada was increased from 1,000l. to 10,000l., or to
ten times its previous amount. These measures took place before any
extensive sickness had yet become prevalent here, or been reported
from the colonies. And as soon as the sufferings among the emigrants
became known, the Government forthwith sent large supplies of the
disinfecting fluids recently invented, both to Canada and New Bruns-
wick, and distributed them among the subsequent emigrant ships;
besides despatching Colonel Calvert to Canada, at great expense,
almost immediately after his experiments had been made known in
Parliament. There has not been time to hear the result.
No sooner did the emigrant ships begin to arrive in the St.
Lawrence with sickness amongst them, than Mr. Buchanan procured
the appointment of a medical board, despatched large supplies of
provisions to the quarantine station, and engaged a small steamer to
act as a tender to the health officer, for the purpose of landing the
sick, collecting provisions, and otherwise facilitating the service. Lord
Elgin at once caused tents sufficient for the reception of 10,000 men to
be issued from the Ordnance, which measure was immediately
approved by Earl Grey. His Lordship also conveyed to the Governor-general
an intimation, which has since been repeated, that Her
Majesty’s Government would be prepared to apply to Parliament
to contribute an equitable proportion of the burthen thrown on the
province in consequence of the distress and the calamities prevailing
in this country. The same principle will, we understand, be also
applied to New Brunswick; and we perceive by Lord Grey’s despatch
of the 4th of October, that 20,000l. is already placed at the disposal
of the provincial authorities in Canada.
We have heard it imagined, that 50,000l. had been destined to the
relief of distress in Canada, which was afterwards withdrawn. This
is a pure mistake. There was a project of offering loans to that
extent to Canadian proprietors to assist in furnishing employment;
but this would only have applied to healthy emigrants, and had
nothing whatever to do with the relief of sickness.
At this Board we took an early opportunity of addressing a letter
to all the emigration officers in this country, warning them of the
momentous nature of the season which might be expected, and stating
that we reckoned upon their exertions to meet the occasion adequately.
One of our number repaired to Liverpool to inspect the manner in
which the service was conducted at that great port, and to consult
with Lieutenant Hodder on the best means of securing an efficient
discharge of the duty throughout the harassing months which were
likely to ensue. Some additional suggestions and improvements in the
Passengers’ Bill, which has since become law, were the fruits of this
We were authorized to expend a moderate sum in meeting the
difficulties which might be expected from vessels driven back by
weather, a fund which, in some cases, we found of great service in
alleviating distress, and enabling people to supply themselves with
the requisites for a renewed voyage.
A short and simple notice for the information of emigrants of the
humbler classes was drawn up, and we caused several copies to be
put on board every passenger ship; and although there are no means
of compelling the observance of discipline among the emigrants, we
ought to mention, that the masters of all passenger vessels are furnished,
by our desire, with certain tables of regulations recommended
by authority of this Commission for the good of all on board. We
have been assured that this is calculated materially to assist commanders
who wish to promote cleanliness and good order.
Nor did we think it necessary to confine ourselves within the
powers strictly belonging to us by the Passengers’ Act. We authorized
the several officers to call in medical aid should they suspect
the existence of fever, and to insist upon the landing of any infected
passengers before the ship should sail, even though the law gave no
positive right to make such a demand. We felt sure that in such an
emergency no one would blame our advancing beyond mere legal
powers of interference; and, in point of fact, the course we desired was
acquiesced in by all concerned, from the obvious necessity of the
But unfortunately the seeds of disease were so rife, that no mere
casual inspection of large multitudes of people suddenly assembled
together from a distance, and whom, by the nature of the case, it was
also necessary not to detain, could avail to bring the evil to light. In
several of the ships which put back, fever had extensively broken out
after the first day or two at sea, showing how widely spread must have
been the beginnings of disease when the people started. We are convinced
that in such a state of things, no medical inspection could have
been generally successful, unless the law and the habits of this country
had been such that the people could be detained for some time for
observation, whether or not they wished it, in places free from the
danger of new infection. But we need scarcely say this would have
been impracticable. At Liverpool alone, more than 8,000 would often
arrive and depart in the course of a week. Setting aside all other
difficulties, barracks or tents would have been necessary for at least
10,000 or 12,000 persons.
We anxiously inquired amongst some of the most eminent
members of the medical profession whether, if the ships were prevented
from sailing without surgeons, it would be possible for owners to
procure them in sufficient numbers and with sufficient promptitude not
to stop the emigration. We have always been favourable, as Lord
Grey is aware, to the measure, if it could be shown to be practicable.
But we found that no one well acquainted with the circumstances,
would venture to recommend the introduction of such a rule this year.
The rate at which people were proceeding was such, that at least 622
surgeons would have been required in the course of the first six months.
Nor would they all have been required at a few large towns where a
considerable supply of surgeons might more reasonably be hoped for;
but some of them must have been found, without delay, at each of the
various ports and creeks of England, Ireland and Scotland from which
emigrants may happen to proceed; and in cases where the condition
could not be fulfilled, the consequence would have been, that poor
people who had come from great distances to a strange port, and had
parted with all their means, would have found the master of the ship
unable to give them the passage for which they had contracted.
But even supposing it admitted, that the existing law had not
been neglected, and also that in ordinary years that law had been
sufficient for its purpose, it may be asked whether the Government
ought not to have proposed special legislation for the extraordinary
circumstances of this year. This is a question which, in the main, must
belong to higher authority than ours; but we will offer a few observations.
We had proposed in the winter, as will be within Lord Grey’s
recollection, a Consolidated Act, embodying some improvements, which
we thought desirable, and we afterwards selected from it, by his
Lordship’s desire, such clauses as appeared to us to be more immediately
wanted; but we cannot for a moment say that we think that if
either the longer Bill had been brought into Parliament, or the shorter
one had been passed at an earlier stage of the Session than actually
took place, either could have prevented the sweeping misfortunes of
this season. The fact is, that at the commencement of the year, no
fever whatever having yet appeared, and the existing law having been
found sufficient in the greatest seasons of emigration—a starving
people being at the same time about to fly from famine to a land which
promised plenty—it is hardly to be conceived that any Government
could have proposed, or that the public would ever have received,
those stringent and almost prohibitory enactments which alone could
have afforded even a chance of preventing the disease which appeared
in the summer. The fever, as we mentioned before, frequently broke
out almost immediately after departure, plainly showing that it
depended on no faults within the ship, but that it was taken out
from the place of departure. We doubt whether any measure whatever
would have been efficient except some one which either directly
or indirectly compelled the great majority of the emigrants altogether
to relinquish their purpose.
In the expectations of efficacy from public measures on this
subject, it seems too often to be assumed, as is remarked before, that
emigrants to North America must in some way be selected by or fall
under the direct power of the Government. Complaints are expressed
that so many poor people go, that so many weak people go, that they
are not more effectually compelled to observe good order and cleanliness
on board—all these remarks assuming some authority on the
part of the Government in these matters; but no such authority exists.
A large number of ships go to North America for timber and other
cargo; a great number of people having the means at their command
pay the price for which the masters are willing to give them a passage,
and, except in so far as any broad and general rules of protection
may be laid down by law, it is difficult to see how the Government
could interfere with this practice. No system of passports exists in
our country. It would be contrary to all its usages that any of the
Queen’s subjects having the means of payment in their possession,
should be prohibited from passing from one part of Her dominions
to another.
And even if the principle were conceded, it is necessary to bear
in mind the immense extent of the operations which would have
required to be dealt with, and the difficulty of controlling a people
flying from starvation. From all parts of Ireland, during the second
quarter of this year, nearly 150,000 persons were streaming towards
the ports of embarkation, many of them having been for months
preparing for their expedition, having thrown up any employment or
lands which they previously had, and by an arrangement which in
the main is very salutary, having already selected their ship, and
paid for their passage. At what stage of their progress were these
vast multitudes to have been arrested? were they to have been sent
back to the homes at which, if they had possessed any means of subsistence
before, they must have parted with them in coming away? or,
if they were to be detained at the ports for observation, could suitable
buildings have been found, apart from the risk of fresh infection, to
lodge 40,000 or 50,000 people month after month? and would the
public at large have undertaken to support during their detention
those people, a large part of whom had expended their last means
in providing merely for the journey and the voyage?
« We confess that after reflecting on these difficulties, we are led to
think, that when it had pleased Providence to afflict Ireland with a
famine, and consequent fever, which could not be subdued even on the
land, it was little likely that any human contrivance could have
averted the same evil from the multitudes who had made their arrangements
for a long passage by sea.
How far means might justifiably be adopted in the British Provinces
in America to endeavour to ward off great burthens or sufferings
from this source, is a different question, to which we shall advert in
the sequel. Hitherto, it will be observed, we have only been discussing
the causes of the sickness, and how far they could have been defeated
by any precautions in this country. But since, even in respect of
the voyage, it is commonly supposed that some of the measures
adopted this year in the United States were of a very beneficial
tendency, and since we believe that a good deal of misconception
exists on this subject, it may be convenient that we should state, as
far as we can learn, what those measures really were.
The Congress of the United States passed a law by which the
number of passengers is limited to one for every 14, instead of one
for every 10 superficial feet of the deck. This, we have no doubt,
is conducive, so far as it goes, to the health of the people. We shall
consider afterwards whether the example ought to be followed.
At New York half a dollar a-head is payable as hospital money,
and the master of each vessel is required either to give bond that his
passengers shall not become chargeable within two years, or else to
pay one dollar as commutation money: the master always prefers
the latter. It is a mistake to suppose that this option has been practically
withdrawn at New York. Unless we are misinformed by
gentlemen who are daily despatching large ships full of passengers
to New York, the practice regularly is to pay the hospital and commutation
money, which it will be observed is in substance neither
more nor less than the emigrant tax of Canada and New Brunswick.
There may be a question of amount, but the principle is the same.
In respect to Boston, we have had some difficulty in getting precise
information. The practice used to be simply to levy an emigrant
tax of two dollars a-head; but we believe that this year the authorities
have in some instances, though not universally, put in force a new
law, which empowers them to demand a bond of 1,000 dollars for each
passenger apparently indigent, that he should not become chargeable
to the state or the city for 10 years. But whenever this measure is
put in force to any extent, it must simply become necessary that the
ship and passengers should sail away, and go to some other country;
and this has, in fact, occurred at Boston in the course of the present
season. When it is remembered that a large ship will sometimes
carry 400 passengers or more, and consequently that, under such a
law as this, the master of a single vessel might be called on to give
security for a sum approaching half a million of dollars, the effect
will not be surprising. But in the British provinces, where it could
never be contemplated, nor, we are certain, be wished to get rid of
immigration altogether, some more measured kind of precaution
could alone be available.
We have nothing to add on the recent American laws. And
having explained before some of the reasons why we should doubt
the possibility of having introduced in England this year any legislative
measure which would have effectually averted the fever, we
leave that topic.
Next we proceed to the subject of remedial measures. For
although the evil when it raged to so fearful an extent might not have
admitted of correction, we should be most desirous not to miss any
instruction which such heavy suffering may afford, and to consider
how far it points to any additional precaution in ordinary years
against similar disasters.
We by no means overlook the caution with which it is necessary
to interfere in the detail of such subjects by law. There is always
the risk that such legislation must either be so general as to be easily
evaded, or so minute as to be vexatious, and while the sufferings
caused by careless or extortionate dealers may never admit of being
thoroughly prevented, the attempt to do so may deprive more respectable
or judicious persons of the opportunity of conveying poor
emigrants, in safety, with the cheapness which would otherwise be
practicable. Bearing this in mind, we shall endeavour, before we
conclude, to suggest one provision which shall give the dealers themselves
a direct interest in bringing over the passengers in good health.
But although the price of conveyance will be unavoidably
enhanced, yet, after the sufferings which have occurred, it may
probably be deemed right towards the people, and just to the British
Provinces, to adopt other precautions against sickness and want.
Should this be the view adopted by Her Majesty’s Government, the
following appears to us to be some of the most simple and practical
measures that could be adopted:
First, A reduction in the number carried would unquestionably
tend to diminish very much the chances of sickness and
mortality. It would somewhat compensate for evils of defective
ventilation, and in various ways would improve the condition
of poor people not of very cleanly habits. We should be
inclined to suggest that only one passenger be allowed to every
12, instead of one to every 10 feet.
Secondly, It was always intended, as we have explained
before, that the ship should only find bread, and that passengers
should find themselves in other kinds of food. On
general principles, it seemed best to leave them as much
discretion as possible, because they could probably supply
themselves more economically, and could also suit their own
taste and habits. But experience having shown the irresistible
temptation, in a year of scarcity, to throw themselves exclusively
on the ship’s allowance, we are inclined to think it
necessary that this ration should, for the future, include the
whole of what is necessary for their support. For this purpose,
we think it might be enacted that there should be an allowance
of a quantity of about one pound and three quarters of solid
food per diem, of which half a pound, at least, should consist
of bread or biscuit, and half a pound of beef or pork, leaving
the rest to consist of such articles as the Gwner or broker might
fix, keeping within the kinds enumerated in the Passengers’
Act. We, for the present, only propose the total of one pound
and three quarters provisionally, not having been in a position
to gain the general opinion of practical persons; but we feel
little doubt that it is very nearly the right quantity.
Thirdly, After the remarks made in the earlier part of the
Report, we need not say how many are the doubts whether
surgeons can be successfully required to be carried in every
ship. But, although it may be thought that, even if procurable,
many of the practitioners obtained in such vast numbers could
not reasonably be expected to be of other than very limited
abilities, yet we must confess, that were the measures practicable,
we should feel that the people gained security, by
having with them any man of even the most ordinary medical
education. We have, in a former letter, suggested an inquiry
from the heads of the profession as to the number of surgeons
whom merchants would be likely to find available, and as to
the amount of cost; and upon the answer will, probably, depend
Lord Grey’s judgment on the present question.
Fourthly, We think that so much of the value of the Pas-
sengers’ Act depends upon the efficacy of the inspection, that
as it is impossible to provide satisfactorily for this object at
all the numerous small ports and creeks of the United King-
dom, it would give great additional security for the due enforcement
of the law, if it were thought allowable to enumerate
all the principal ports from which emigration takes place, and
to require that vessels should not sail from any other ports
with passengers to North America. It is very possible that
this may be open to insuperable objections; but we have felt
bound to mention it as one means of guarding against the
otherwise almost unavoidable escape of some bad vessels from
places too remote and too inferior in consequence to justify
the maintenance of an Emigration Officer.
These appear to us the simplest and most practical means which
could be taken in this country for giving additional security for
health. They agree with suggestions thrown out in an address from
the Legislative Assembly of Canada. Almost all of them also are
included in Dr. Coombe’s suggestions; and at the same time they had
offered themselves to our own minds as the readiest and most available
measures before we had read his letter.
Dr. Coombe further suggested the use of a ventilating apparatus;
but although we have often inquired into different proposed methods,
we have never yet found any which we are satisfied could at once be
required by law to be brought into universal use.
Another suggestion of Dr. Coombe’s is, that more order and
cleanliness should be enforced on board. We wish, indeed, that this
result could be attained; but in speaking of enforcing discipline, it
must be assumed that in some quarter or other the power of coercion
should be reposed, and in whom, on board of an ordinary British
merchant ship, would the Legislature or the public deem it endurable
to vest powers of coercing and punishing free people who had paid for
their passage across the Atlantic?
From this examination of the measures of a nature to be taken in
England, we proceed to consider whether there are any which could
be adopted with advantage in the provinces. In entering on this
subject, the first point which attracts attention is, the universal complaint,
that so many widows, with their children, and so many old
and infirm persons, have been shipped off to America. It may be
doubted whether all of these were sent, as appears to be supposed in
the provinces, by landlords and persons of high station, or whether, in
the general disposition this year to depart from Ireland, many of
these unfortunate people may not have resolved by their own means
to try their fate in a new country. But whatever may be the manner
in which they got away, we cannot too earnestly represent that, far
from the colonies being a fit asylum for the weak, an emigrant
requires even more than the average of health and strength to succeed,
and, consequently, that when they are assisted to go, it is equally
unjust to the British provinces, and cruel to the poor persons themselves,
to send out those who are totally unable to live by their own
We have already shown, however, that it would be impossible
for Government to exercise any control over the subject in this
country. The next question that may suggest itself is, whether the
provincial legislature could require that some heavy extra payment
should be made on persons likely to become chargeable to the public.
To the principle of such an attempt there probably will be no objection,
but we fear that it would be impossible to carry it out with fairness.
The shipowner ought to be able to know beforehand with
certainty for which of his passengers he would have to pay more,
and for which of them less, on arriving at their destination. This,
we think, would be impracticable with such multitudes as go to
Canada and New Brunswick. Ten or twelve thousand pass through
Quebec in a week. It is absolutely necessary, on the one hand, that
they should not be delayed; it would also be necessary, however, if a
discriminating tax were established, that there should be sufficient
time to admit of its being levied with equity. On the whole, we are
disposed to give up this idea, as not admitting of being carried into
effeet successfully.
But we see no reason why the emigrant tax in both provinces
should not be raised to two dollars, which would increase the available
funds for relief, without making that difference which would do more
than exclude the most indigent and worst provided class.
And beyond this it may be a question, whether, in order to give
the shipowner an interest in taking over the people in good health,
and to render the vessel liable for part of the burthen which sickness
easts upon the public, the Governor may not be usefully empowered
by the Provincial Legislature to exact an extra tax, if the vessel
requires to « be put into quarantine. The rule might be, that if placed
in quarantine for any other purpose than merely cleaning or observation,
the Governor should have discretionary power to require
payment of double tax, for which the shipowner should be liable, and
if detained more than eight or ten days (as may be thought fit) to
impose payment of treble tax.

We have, &c.
(signed) T. Fredk Elliot.
Frederic Rogers.

B. Hawes, Esq.
&c. &c. &c.


1 See above p. 115.
2 G. 130, p. 59.


27th January, 1848.


I have the honor of forwarding to your Lordship a Copy of a Letter on
the subject of the Emigration to Canada of last year, to which I have
to direct the special attention of yourself and of your Executive. Council.
M* Elliot who waa at that time Chairman of the Board of Colonial Land
and Emigration Commissioners, but who has since become Assist. Under Secretary
of State in this Department; requested Mr de Vere when on the eve of
proceeding to Canada last year, to have the goodness to communicate to him
any information on the subject of Emigration of which it might appear desirable
that the Commissioners should be in possession. In compliance with this
request, the Letter, of which I enclose a Copy, has been written, and, although
it is a private one, the information which it contains is so important that I have
obtained the permission of Mr de Vere’s Uncle, Lord Monteagle, (which he
has felt himself fully authorized to give) to transmit a Copy of it officially
to your Lordship. In doing so it is only just to observe, that I am convinced
it was not the intention of Mr de Vere in writing this Letter, nor is it mine in
forwarding to you a Copy of it, to attribute any blame to the Government of
Canada for the defects which are described in the arrangements which were
made last year for the reception of Emigrants arriving in the Province. I am
quite aware that the unprecedented extent of the Emigration of last year, and
the circumstances under which it took place, rendered it scarcely possible to
make arrangements upon so large a Scale, and with so much promptitude, as
would have been necessary in order adequately to meet the exigencies of the
Case. But as there are already symptoms that, notwithstanding the calamities
of last season, there is likely in the present year to be almost as large
an Emigration of persons from Ireland to Canada, it is the duty both of the
Home and of the Provincial Government, to lose no time in adopting all the
means of precaution, which the experience of past difficulties can suggest.
I have already, with this view, called your Lordship’s attention to those
securities which I am of opinion that Provincial Legislation may provide against
the recurrence of the evils complained of in last year’s Emigration, and I am
now anxiously considering what additional regulations it may be proper to enforce,
by the authority of Parliament, with the view of proposing such an amendment
of the Passengers Act as may appear to be required. But, in addition to
the changes in the Law which may be called for, your Lordship will perceive
that the Letter I now forward to you, recommends various improvements in the
arrangements now made under the authority of the Executive Government of
Canada, for the reception of Emigrants. These suggestions appear to me to be
highly important, and to require the most prompt and serious attention, more
particularly as regards the « providing of better accommodation for the Emigrants
in the Quarantine Establishment, and in the Steamers by which they are forwarded
to the Western Districts, whither they chiefly proceed as their ultimate
The local knowledge which your Lordship must now have acquired, and the
assistance which you will derive from your Council, will enable you to judge
better than I could hope to do of the measures which it will be expedient to adopt;
I shall therefore abstain from offering any suggestions with regard to them,
thinking it sufficient to have called your attention to those evils which have been
noticed by an Observer so able, and at the same time having enjoyed such means
of detecting what is amiss, as Mr de Vere. I have however thought it expedient
to point out, by marginal Notes, one or two slight errors into which he has fallen.
In conclusion I have only to remark, that the observations of Mr de Vere
strongly confirm the opinion I have more than once pressed upon your Lordship
and the Canadian Legislature, that the regular settlement of the Province, and
the developement of its abundant natural resources, would be greatly promoted
if,—either by imposing a small tax upon Land, or by raising the price at which
Land is sold,—the expense of improving the existing means of Communication
were provided for, and the present irregular and desultory system of occuping the
Soil at the same time discouraged.
I have the honor to be
My Lord,
Your most obedient
humble Servant,

The Right Honble
&c. &c. &c.

Enclosure to Earl Greys Dsp. N° 162. 27 Jany 1848

30th November 1847

I have to thank you for sending me the Report of the Colonization Committee
of last year, the evidence contained in which (though I have not yet had
time fully to go through it) proves to me the value of Emigration at home, and
confirms the opinions I had already formed of the benefit likely to result to the
Colonies from it.
The Emigration of the past year was enormous, though deriving no assistance
from Government till it’s arrival here. The mortality also was very great.
During the next year, the number of Emigrants will probably be still larger; and
I fear we shall have a repetition of the mortality, if the Errors which Experience
has detected be not promptly & liberally corrected. I shall not regret the disasters
of the last two years if their warning voice shall have stimulated and
Enabled us to effect a system of Emigration leading to future Colonization
which shall gradually heal the diseased and otherwise incurable state of Society
at home; and at the same time infuse a spirit into the Colonies which shall
render them the Ornament, the wealth, and the bulwark of the Parent Country.
We have no right to cure the Evil of overpopulation by a process of decimation;
nor can Emigration be serviceable in Canada unless the Emigrants arrive
in a sound state both of body and mind—I say both of  » body and mind, »
because clamor in Canada has been equally directed against the diseased condition,
and the listless indolence of this year’s Emigrants; but while I admit the
justice of that clamor to a certain Extent I must protest against the injustice of
those here who complain that the young and vigorous should be accompanied
by the more helpless Members of their Families whom they are bound to protect;
and I cannot but remember that famine and fever were a Divine dispensation
inflicted last year upon nearly the whole world, and that the Colony
could not reasonably expect to be wholly Exempt from the misfortunes of the
Parent State.
The fearful state of disease and debility in which the Irish Emigrants have
reached Canada must undoubtedly be attributed in a great degree, to the
destitution and consequent sickness prevailing in Ireland, but has been much
aggravated by the neglect of cleanliness, ventilation, and a generally good state
of Social Economy during the passage, and has been afterwards increased, and
disseminated throughout the whole Country by the mal-arrangements of the
Government System of Emigrant relief. Having myself submitted to the privations
of a Steerage Passage in an Emigrant Ship for nearly two months, in order
to make myself acquainted with the condition of the Emigrant from the beginning,
I can state from experience that the present Regulations for ensuring
health and comparative comfort to passengers are wholly insufficient, and that
they are not and cannot be enforced notwithstanding the great zeal, and high
abilities of the Government agents.
Before the Emigrant has been a week at sea he is an altered man. How
can it be otherwise? Hundreds of poor people, men, women, and children; of
all years from the drivelling idiot of 90 to the babe just born; huddled together
without light, without air; wallowing in filth and breathing a foetid atmosphere;
sick in body; dispirited in heart;— the fevered Patients lying between the Sound,
in sleeping places so narrow as almost to deny them the power of indulging by
a change of position the natural restlessness of the disease; by their agonized
ravings disturbing those around, & predisposing them through the Effects of the
imagination, to imbibe the contagion; living without food or medicine except as
Administered by the hand of Casual charity; dying without the voice of Spiritual
Consolation; and buried in the deep—without the rites of the Church. The food
is generally ill selected and seldom sufficiently cooked in consequence of the
insufficiency and bad construction of the cooking places. The supply of water
hardly enough for cooking and drinking does not allow Washing. In many
Ships the filthy beds teeming with all abominations are never required to be
brought on Deck and aired;— the narrow space between the Sleeping berths &
the piles of Boxes is never washed or scraped; but breathes up a damp and
foetid stench, until the day before arrival at Quarantine when all hands are
required to  » Scrub Up « , and put on a fair face for the Doctor and Government
Inspector. No moral restraint is attempted,—the voice of prayer is never
heard;—drunkenness and its consequent train of ruffianly debasement is not
discouraged, because it is profitable to the Captain who traffics in the Grog.
In the Ship which brought me out from London last April the Passengers
were found in provisions by the Owners according to a Contract, and a furnished
scale of Dietary. The meat was of the worst quality. The supply of Water
shipped on board was abundant; but the quantity served out to the Passengers
was so scanty* that they were frequently obliged to throw overboard their
Salt Provisions and Rice (a most important Article of their Food) because
they had not water enough both for the necessary Cooking, and the satisfying
of their raging thirst afterwards.
They could only afford water for Washing by withdrawing it from the
cooking of their food. I have known persons to remain for days together in
their dark close berths, because they thus suffered less from hunger, though
compelled at the same time by want of water to heave overboard their Salt
Provisions and Rice. No cleanliness was enforced,—the beds never aired,—the
Master during the whole voyage never Entered the Steerage, and would listen to
no complaints,—the Dietary contracted for was with some exceptions, nominally
supplied, though at irregular periods, but false measures were used (in which
the Water and several Articles of Dry food were served) the Gallon measure
containing but three quarts, which fact I proved in Quebec and had the Captain
lined for—once or twice a week ardent Spirits were sold indiscriminatelyt to the
passengers, producing scenoes [sic] of unchecked blackguardism beyond description;
and lights were prohibited because the Ship with her open fire grates upon
Deck, with lucifer matches and lighted Pipes used secretly in the sleeping berths
was freighted with Government Powder for the Garrison of Quebec.
The case of this Ship was not one of peculiar misconduct—on the contrary
I have the strongest reason to Know, from information which I have received
from very many Emigrants well-known to me who came over this year in
different vessels, that this Ship was better regulated and more comfortable than
many that reached Canada.

* The Law however declares heavy Penalties if the « Water be not regularly served out, as
well as put on board.
t For this there is a penalty not exceeding £ 100.

Some of these Evils might be prevented by a more careful inspection of the
Ship,—and her Stores before leaving Port; but the provisions of the Passenger’s
Act are insufficient to procure cleanliness and ventilation, and the machinery of
the Emigration Agencies at the Landing Ports is insufficient to Enforce those
provisions, and to detect frauds. It is true that a Clerk sometimes comes on
board at the Ship’s arrival in Port; questions the Captain or Mate; and ends
by asking whether any Passenger means to make a complaint, but this is a
mere farce, for the Captain takes care to « keep away the crowd from the « gentleman. »
Even were all to hear the question, few would venture to commence a
prosecution:—ignorant, friendless, pennyless, disheartened, and anxious to proceed
to the place of their ultimate destination.
Disease and Death among the Emigrants,—nay the propagation of Infection
throughout Canada are not the worst consequences of this atrocious System of
neglect and ill usage. A result far worse is to be found in the utter demoralization
of the Passengers both Male and Female, by the filth, debasement, and
disease of two or three months so passed. The Emigrant enfeebled in body and
degraded in mind even though he should have the physical power has not the
heart, has not the will to exert himself.—He has lost his self respect, his elasticity
of Spirit—he no longer stands erect—he throws himself listlessly upon the daily
dole of Government and in order to earn it carelessly lies for weeks upon the contaminated
straw of a Fever Lazaretto.
I am aware that the Passenger’s Act has been amended during the last Session
but I have not been yet able to see the amendments. They are probably of a
nature calculated to meet the cases I have detailed; but I would earnestly suggest
the arrangement of every Passenger Ship into separate Divisions for the married;
for Single men and for Single women: and the appointment from amongst
themselves of « Monitors » for each ward; the appropriation of an Hospital ward
for the Sick; the providing of commodious cooking Stoves and utensils, and the
erection of decent Privies; and the appointment to each Ship carrying more than
50 Passengers of a Surgeon paid by Government who should be invested during
the voyage, with the authority of a Government Emigration Agent, with power to
investigate all complaints at Sea, on the spot, and at the time of their occurrence,
to direct & Enforce temporary redress, and to institute proceedings on arrival in
Port in concert with the resident Emigration Agent. He ought for this purpose,
to have authority to detain witnesses, and to support them during the prosecution,
at Government Expense. I would also suggest the payment of a Chaplain of the
Religion professed by the majority of the Passengers. The Sale of Spirituous
Liquors should be prohibited except for medicinal purposes,* & the minimum
supply of water enlarged from 3 to 4 Quarts.

* It is prohibited under heavy Penalties, and the printed notices circulated by the Commissioner, specially quote the Clause.

I deeply I believe that if these precautions were adopted the human car-
goes would be landed in a moral and Physical condition far superior to
what they now exhibit, and that the additional expense incurred would
bee more than compensated by the saving effected in Hospital Expenses
doubtless and Emigrant Relief.
The arrangements adopted by the Government during the past
Season for the assistance of Pauper Emigrants after their arrival in
Canada, were of three sorts,—Hospitals, Temporary Sheds—and Transmission.
These measures were undertaken in a spirit of liberality deserving our best
gratitude; and much allowance ought to be made for imperfections of detail
which it was not easy to avoid under the peculiar and unexpected exigencies of
the case; but I think I can demonstrate that much of the mortality which has
desolated as well the old residents as the Emigrants, may be attributed to the
errors of those arrangements.
In the Quarantine Establishment at Grosse Isle when I was there in June,
the Medical Attendance, and Hospital Accommodations were quite inadequate.
The Medical Inspection on board was slight and hasty,’—hardly any questions
were asked,—but as the Doctor Walked down the file on Deck, he selected
those for Hospital who did not look well, and after a very slight Examination
ordered them on Shore. The ill effect of this haste was two fold. Some were
detained in danger who were not ill; and many were allowed to proceed who were
actually in fever. Of the management of the Hospital in general I do not feel
myself qualified to speak, and I have no doubt that You are in possession of
Reports which will Enable you to draw Your own conclusions.
The Sheds were very miserable; so slightly built as to exclude neither the
heat—nor the cold. No sufficient care was taken to remove the Sick from the
Sound; or to disinfect & clean the building after the removal of the sick to
Hospital; the Very straw upon which they had lain was often allowed to become
a bed for their Successors, and I have known many poor families prefer to burrow
under heaps of loose stones which happened to be piled up near the shore, rather
than accept the shelter of the infected Sheds.
It would I am aware have been difficult to have provided a more substantial
shelter for the amount of destitution produced by the peculiar circumstances of
the past year, but I hope that in future even though the number of Emigrants
should greatly exceed that of last year, so large an extent of Pauper temporary
accommodation may not be necessary, and that a better built, and better regulated
House of Refuge may be provided.
Of the administration of temporary Relief by Food to the Inmates of the
Sheds I must speak in terms of the highest praise. It was a harrassing and
dangerous duty, and one requiring much judgment on the part of the Agent, and
it was performed with zeal, humanity, and good sense.
I must now advert to what has been the great blot upon the Government
arrangements—the steam transmission up the Country—The great principle, that
the due regulation of Passenger Trips is a duty of the State, is admitted by the
Passenger’s Act—The Government itself enforces the heaviest penalties for the
infringement of its’ provisions—but yet when the Government itself undertakes
to transmit Emigrants from Quebec to Montreal, Kingston, and Toronto—How
has it acted? — I state upon the authority of Mr. McElderry the able and
indefatigable Emigrant Agent at Toronto, who has fallen a victim to his zeal and
humanity that the Government made an exclusive Contract with one Individual
for the Steam transmission of all Emigrants forwarded by the State, at a certain
price per head, without any restrictive Regulations. The consequences were
frightful. I have seen small incommodious, and ill ventilated Steamers
arriving at the Quay in Toronto after a 48 hour’s Passage from Montreal
freighted with fcetid cargoes of 11 & 12,00 Government Emigrants, of all ages
and Sexes—the healthy who had just arrived from Europe mixed with the half
recovered convalescents of the Hospitals, unable during that time to lie down,
almost to sit— In almost every boat were clearly marked cases of actual fever,
in some were deaths,—the dead and the living huddled together—sometimes the
crowds were stowed in open barges, and towed after the Steamer, standing like
Pigs upon the Deck of a Cork and Bristol Packet. A poor woman died in the
Hospital here in consequence of having been trodden down when weak, and
fainting; in one of those Barges. I have myself when accompanying the
Emigrant Agent on his visit of Duty to inspect the Steamer on her arrival, seen
him stagger back like one struck, when first meeting the current of fcetid infection
exhaled from between her Decks. It is the unhesitating opinion of Every man I
have spoken to, including Government Officers and medical men that a large
proportion of the Fever throughout the Country has been actually generated in
the River Steamers. Surely, Surely, this may be avoided for the future. If the
entire Steam navigation should be, as I am informed it was this year, in the hands
of one unopposed Individual, and that he should refuse to accept a contract upon
reasonable terms, and with the conditions necessary for securing ventilation,
comfort, and health, the Government might Easily take the transmission into
their own hands, put on Steamers, and forward the Emigrants at half of this
year’s charges, not to mention the Saving which would certainly be Effected in
Hospital Expences.
The causes which produced the immense Emigration of the past year, still
exist; and the numbers next year will probably be still larger, and we shall
have a repetition of the same scenes of Misery, if prompt measures be not taken
for their prevention. But Government must not stop there—something must be
done for the profitable employment of the Emigrants— To support them is but
a temporary shift,—they must be enabled to become valuable citizens to the
The progress of Canadian improvement is slow as compared with the
natural capabilities of the Province. This I attribute in the first instance to the
miserably defective state of its internal communications. The best and largest
portion of the land lies idly, unprofitable, contributing nothing to Commerce,
the spread of Civilization or the support of man.
At the interior markets the prices of all articles of Agricultural produce are
so low, in consequence of the difficulty of Transmission to the Ports, that a
professional Farmer cannot afford to employ his Capital in developing the
productions of the Soil.
The inland Settlers, therefore, who have been enabled by the high rate of
Wages which they have earned as Laborers to purchase small freeholds, are
mere Squatters employing no hired labor, consuming what they produce amassing
no capital, and contributing but little to the resources or improvement of the
Country—cultivating only so much of the Land as they require for their support.
Let a few leading lines of Railroad be constructed, with planked or macadamized
Roads connecting the main Lines with the surrounding Country; let
small piers be erected at the little straggling Ports along the navigable waters,
and a new era will have dawned upon Canada. The Emigrants will be employed
until they have acquired Capital and skill enough to become good settlers.
Having become Settlers they will soon become Capitalists by the increased
facilities of Transport, and the enhanced value of produce which will result
from the great works at which they have themselves assisted. Having become
Capitalists they will soon become employers of other men’s labor, because they
will find that that labor can be profitably employed. Their produce having
found its way to the Ports, will stimulate commerce, and generate that Commercial
character which will again by its’ re-action, become the mainspring of
social improvement and extensive Civilization, and Canada will open her Eager
arms to embrace the Thousands whom she would now reject, who from being
the Locusts of the old world, will become the honeybees of the new.
A remarkable example of what I have here ventured to anticipate may be
found in the Railway terminating at Buffalo-U-S. When it was commenced many
people conceived that it would ruin the Erie Canal, but since its completion the
traffic of the Canal has been doubled. It is now literally choked with the produce
of the Industry of those men whom that Railroad has transported to the western
wilds; and the cultivation of the reclaimed Lands through which the Railroad
runs, employs a much larger number of Laborers than the construction of the
These are simple and self evident truths, and consequently many Railway
Projects have been started in Canada, which for the most part nave either failed,
or are languishing without spirit. I do not attribute this altogether to the want
of Capital (although Capital is scarce) but in some degree to an indisposition on
the part of the Capitalists to invest their money in an undertaking, the profits of
which though ultimately certain may be deferred, whilst they may make from 12
to 20 per cent upon their Capital by usurious Loans, and 6 or 7 per cent in safer
Investments. I am therefore inclined to believe that should the pressure of the
money market, and the Financial Difficulties of the year render the Government
unwilling to undertake many of the Schemes I have alluded to, the necessary
Capital could be found at this side of the Water, if Government following the
example of the New Brunswick Legislature, were to guarantee a minimum
Dividend of five per cent upon the stock of particular Railways for a certain
number of years; reserving a power for a second period of years of reimbursing to
itself, out of any excess of profits over 5 per cent, any deficiency which it had
been obliged to make good during the first period.
With regard to the Halifax & Quebec Railroad, I may remark that the
necessity (that now exists in consequence of the rupture of the Post Office arrangement
with the United States) of posting a letter here on the 1st to sail from
Halifax on the 20th, is a strong argument in its’ favor in addition to those already
advanced on Political and Commercial grounds.
Another mode of giving Employment, and at the same time removing a
bar to the Colonization of the Country would be by granting sums in aid of the
Building of Houses of Worship, on the principle of the School Building Grants of
the National Board of Education in Ireland.
There is a demand for labor in Canada, even now, exceeding any supply
yet brought into the Country; and should measures for additional employment
be introduced, the immediate consequence of an increase of the supply will be a
reproductive augmentation of the demand.
The late Mr. McElderry one of the best authorities in Canada on this point,
stated to me emphatically « that the demand for laborers on the part of the
 » Farmers, would have absorbed the entire of the year’s Immigration into Upper
 » Canada, unexampled as it was in numbers, if the infectious disease among them
 » had not most naturally disinclined the Employers from taking them into their
 » Families « .
Should the Effect of an increased Emigration be a diminution of the rate of
Wages to a certain extent; that will I think operate favorably by enabling Land
Holders to cultivate more extensively and employ more hands; and by tending to
create a class of Proprietors who will contribute more to the Commercial and
Financial Improvement of Canada,—but no considerable diminution can be
expected in consequence of the competing labor market of the United States. —
If prompt and sufficient measures be adopted for the Regulation of Passage
Economy—if the arrangements for Emigrants’ relief be liberally improved; and
if an impetus be given to extensive and valuable works in Canada, I have no
doubt that the Government may safely give a direct assistance to Emigration;
and that the consequence will be a present & growing relief to the distresses of the
Parent State; the foundation in Canada of an extensive Social Reform, and the
rapid increase of her Commercial wealth and Agricultural activity, ensuring
to England large importations of provisions at a period of the year when they
would be most valuable.
I do not make you any apologies for troubling you at such length; because
you requested me to write to you upon the Subjects, and because I am conscious
that my observations have at least been patiently made, without prejudice or
motives of self interest, and under circumstances which have enabled me to see,
with my own Eyes, facts which have probably never been detailed to You by a
wholly disinterested Witness.

Believe me, &c.,


Would it be possible to give a small Pension to the Widow of poor McElderry
who I believe is in great distress? I never saw greater zeal or intelligence than
his; and to his utter recklessness of danger in discharge of duty, he owes his
Early death.
Will you have the goodness to let my Uncle Lord Monteagle see this letter,
which may interest him, as he is so fully aware of the value of Emigration.



See above p. 123.



No. 18

(No. 93.)

Copy of a DESPATCH from Governor-General the Right Honourable the Earl
of Elgin to Earl Grey.

Government House, Montreal, 29 October 1847.
(Received 16th Nov. 1847)


I have the honour to report for your Lordship’s information, that during the
past month I have made an extensive tour in the province. The lateness of the
season and uncertainty of the weather, prevented me from penetrating far into
the interior, but I visited several of the most important towns, including Quebec,
Toronto, Kingston, Hamilton, St. Catherine’s, Niagara and Brockville. In all
quarters I was greeted with a kind welcome and with the most unequivocal
demonstrations of loyalty to Her Majesty. At Hamilton I attended the annual
meeting of the Provincial Agricultural Association of Upper Canada, at which a
large body of intelligent and enterprising agriculturalists were assembled. From
Niagara I visited the Welland Canal, and from Toronto the rich and highly
cultivated district which lies behind that thriving city. The evidences of steady
progress and substantial prosperity furnished in these parts of the province are
most striking and satisfactory. Exalted as was the estimate which I have previously
formed of its capabilities, it has been materially raised by what I have
witnessed on this tour.
2. I am compelled, however, to make a considerable deduction from the
favourable character of this report, on account of the distress and suffering which
has been occasioned to the province by the immigration of the present year. Its
disastrous consequences have been felt not only in the large towns where the sick
and destitute are collected in great numbers, but even in the remote hamlets to
which they have penetrated, carrying with them disease and pauperism. The
subject was forced upon my attention at every point in my progress through
the province, and I regret to say that I found a disposition, even among the most
loyal subjects of the Queen, to contrast the visitation to which Canada as a
colony had been subjected, with the comparative immunity enjoyed by the neighbouring
States, who are able to take measures to defend themselves.
I have, &c.

No. 19.

(No. 143.)

COPY of a DESPATCH from Earl Grey to Governor-General the Right Honourable
the Earl of Elgin.

Downing-street, 2d December, 1847.


I HAVE to acknowledge the receipt of your Lordship’s despatches, No. 91, of
the 27th, and No. 93, of the 29th October; I have read with much satisfaction
your account of the steady progress of improvement and substantial prosperity
which you witnessed during your last tour through the Province of Canada, but
that satisfaction has, I regret to say, been qualified by the perusal of your Lordship’s
statement of the distress and suffering to which parts of the province have
been subjected by immigration of the present year. Upon this point I have to
refer your Lordship to my despatch, No. 142, of the 1st instant.

I have, &c. — (Signed)

No. 20.

(No. 142.)
COPY of a DESPATCH from Earl Grey to Governor-General the Right Honourable
Earl of Elgin.

[Printed from original despatch in Appendix IV, see above p. 1318.]


(From the Halifax Morning Courier, January 27th.)


(Copy, No. 17)

Halifax, Feb 2., 1847.


At the request of the Executive Council I enclose the copy of a letter
which they have addressed to me for the purpose of being forwarded to your
Lordship—as well as a printed copy of a previous communication I had
received from that body being in reply to a paper signed by certain leading
members of the Opposition—which together with other communications connected
with it, I not long since had the honor to transmit to your Lordship
with a private and confidential despatch.
Concurring entirely in the representations made by the Council with
respect to the circumstances of the Colony—its political condition, and the
nature of its principal offices—I feel it to be of the greatest moment to the
welfare of the country that the very important subjects thus brought to your
Lordship’s notice should receive the earliest and most careful consideration
that may be consistent with your Lordship’s convenience.
I know not that I can afford to your Lordship a proof less equivocal of
my earnest desire to continue to act with sincerity and cordiality with the
gentlemen composing the present Council than by abstaining from any other
observation upon their comments upon my partial disclosure to them of the
contents of my private, separate, and confidential correspondence with your
Lordship, than that course has been prescribed to me by a sense of public duty.
I send herewith the copy of a letter from the Attorney General to me,
dated 5th September, 1846, and referred to in the letter of the Council, with a
printed copy of the resolution of the Assembly referred to by the Attorney
General. I have, &c.

(Signed) J. HARVEY.

The Right Hon. Earl Grey,
HALIFAX, 30 January, 1847.
May it Please Your Excellency:

Your Excellency has communicated to us since the termination of the
efforts made for introducing into the Executive Council members from the
party in opposition, some extract from a Despatch to Your Excellency from
the Right Honorable the Principal Secretary of State for the Colonies, touching
the mode of filling up the council and some general principles of Provincial
Your Excellency not having seen it proper to communicate to us, the
whole of that Despatch, nor any portion of that part of it which you mentioned
to the Attorney General and Mr. Dodd two days ago, related to the Legislative
Council, we can form but such imperfect idea of the views of His Lordship as
can be derived from the two short extracts in writing furnished on the sixth
instant, to Sir Rupert D. George for our information, and from the recollection
retained by the Attorney General and Mr. Dodd of some passages read to them
by Your Excellency on the occasion referred to.
From one of these latter passages it appeared that Your Excellency had
conveyed to the Secretary of State a written paper furnished to you by some
of the leading Members of the opposition.
Your Excellency is aware that we are entirely unacquainted, as well with
the contents of that paper, as with the nature and purport of Your Excellency’s
communication to Earl Grey, and that we are also ignorant of the information
Your Excellency may yourself have possessed, or views you may have entertained
on the past history or present prospects of the Province, when corresponding
with his Lordship, your Excellency not having seen it necessary to procure our
representation of facts or statements of opinions on any of the subjects which
may have been touched in that correspondence.
Your Excellency will very naturally understand that we are unwilling to
be judged by the statements, whether of facts or principles, that our opponents
may furnish. How wide the difference between us is, in this respect, the correspondence
through Your Excellency just closed evinces.
Our solicitude, however, does not so much concern the impressions affecting
ourselves that may be received from the past, as it is directed to the influences
by which the future prospects of this country may be determined.
As to the former, we solicit the attention of Earl Grey to the paper addressed
by us to Your Excellency dated the twenty-eight instant, in answer to a paper
addressed to Your Excellency by several Members of the Opposition, dated 17th
Dec. last.
Understanding from Your Excellency that a copy of the latter paper was
some time ago transmitted to His Lordship, and totally differing, as we do, from
every important statement of that document, it would be highly satisfactory to
us, that His Lordship should be furnished with a copy of our reply and of the
documents annexed to it.
Beyond this we think it would be improper to say more than that we are
prepared to explain and to vindicate the policy and conduct of the Provincial
Government in all its particulars from the dissolution of the House in 1843 until
Your Excellency’s assumption of the Government, should it have been impugned,
or should His Lordship desire to be acquainted with our views.
As to the future prospects of the country, we think our duty to address the
Secretary of State is more certain and pressing. From the general tenor of His
Lordship’s observations as far as communicated to us, we gather that His Lordship
not improbably looks upon the condition of this Province as different from
what it really is in some essential particulars.
Deeply interested in the welfare of the Province we earnestly desire that it
may be saved from the mischiefs of partial change, calculated to promote
individual objects but unsuited to its existing circumstances and fraught with
evil to its social and political interests, and therefore we seize the occasion
presented to us of engaging the attention of Her Majesty’s Government in the
hope that His Lordship at the head of the Colonial affairs, dealing with the
matters as a whole and giving to the Province the benefit of his knowledge,
experience and ability, may determine what changes are necessary in our Provincial
Government and the modes of conducting the Administration and Legislative
business of the country before the British system of Government can be
perfected here; how far and in what manner the concurrence of the people in
such changes should be obtained; the manner in which the changes should be
effected, supposing such concurrence should be given; and the general adaptation
of an Administration by Heads of Departments to so small a Colony.
It is a necessary preliminary that His Lordship should be acquainted, with
some minuteness, with the nature of our public offices and modes of business,
and even with the meaning attached here to some terms in common use; and we
regret that the pressure of our daily and unavoidable engagements precludes our
offering the necessary information in the manner which would be satisfactory,
before the departure of the next mail.
The only public officers in the Executive Council are the Attorney General
and Solicitor General, and the Provincial Secretary, being the Clerk of the
Council. Of these the Attorney General and Solicitor General are in the Legislature.
The Council has consisted, since 1840, for considerable periods, of nine,
ten, eight and six members; and it will be apparent, that, as regards the conduct
of the public business, its numbers are unimportant.—Here is a controlling
distinction. Were the Council formed of Heads of Departments, a vacancy in
the Council would infer a vacancy in some public office, and a consequent
detriment to the public service; at present it affects merely the number of advisers.
The Provincial Treasurer and the Collector of Excise, are offices excluded
from the Legislature by Law or the Despatch of the Secretary of State, and
for reasons the most conclusive as we conceive.
The first of these officers receives and pays the whole Revenue, standing
at the counter, in his own person; he keeps his own books, and, in the same
office, conducts the Provincial Savings’ Bank of which he is Director, and also
acts as Auditor of the Public Accounts. For the whole of these services (and
this brief enumeration but imperfectly conveys an idea of them) he receives a
salary of £600 currency, equal to £480 sterling, and has the assistance of one
clerk who receives £250 currency, equal to £200 sterling. The Collector of
Excise at Halifax, (an inappropriate term) secures and receives all Provincial
duties there—receives the entries of importations—superintends the body of
Provincial water-side officers, and is, in fact, the Collector of Provincial Customs
at Halifax, at a salary of £700 currency, equal to £500 sterling, out of which he
pay his own clerks.
To reason on the case of officers like these seems unnecessary. It is only
to imagine them in the Government and Legislature, dependent on the returns
of a general election every four years, to perceive the neglect of daily office duty.
The almost unavoidable subserviency to political supporters and perilous temptations
which would ensue, unless important changes, requiring a largely increased
expense, were made; and, indeed, it is difficult to imagine any particular change
that would not leave some of the worst mischiefs unremoved.
The Secretary of the Province, the Surveyor General and Commissioner
of Crown Lands at Halifax, for Nova Scotia proper, and a similar officer at
Sydney, for Cape Breton, conduct the remaining Public Offices, under circumstances
that would require in a greater or less degree, increased assistance and
But all these gentlemen have held their offices for many years, and in the
exercise of their official duties, to which they have devoted themselves, have
acquired habits unsuited for Legislative pursuits; their salaries, unlike those
of the Treasurer and Collector of Excise, have been adjusted by arrangements
with the Imperial Government, and are paid out of the Crown Revenues.
The Attorney and Solicitor Generals are the only officers who are in a
situation to come under the operation of the system.
The initiative in money grants may be said, in the most emphatic manner,
to be not with the Government.
The qualification of Members of the Assembly is forty shillings per annum,
from freehold estate.
The tenure of the Legislative Council for life, depends on a Despatch of
the Secretary of State.
There is no Pension Fund or any approach to it, and a very decided
repugnance exists in this Country to its establishment.
The extravagant comparisons and illustrations used in relation to this
Province, and the style in which a spirit and feeling is assumed to exist throughout
the country, very different from the pervading sentiments of the people may
well mislead a distant party.
Nova Scotia numbers about 250,000 inhabitants, a large proportion of them
occupying the shores, or contending with the hardships of rugged situations,
and new cultivations are poor and destitute of the means of education, except
the most limited.
In the oldest and more favored parts of the -country, the capital and labor
so essential to the improvement of Agriculture, are wanting; the commerce of
the province is limited, and its manufactures still more so. The annual revenue
averages about £80,000.
It is a young country, having many elements of future promise—but not
yet sufficiently matured to bear the full weight of a system of administration,
that hereafter would be calculated to promote its welfare. We have no class
born to fortune and leisure. Every man at 21 years of age has his livelihood
to acquire, and, as a general rule, those who receive office are dependent on its
salary for a subsistence.
In the present system the Public Officers are under a strict supervision. It
is the interest of both Government and the Opposition to see that the duties
are well performed and the interest of none to screen malversion—and the
officer, fulfilling his duties with integrity and ability, is removed above the
temptation either of unworthy subserviency or pecuniary delinquencies that
would assail him, were the subsistence of his family dependent on party support
in a country where polities must turn on considerations referable to persons,
not principles.
We desire in no degree to weaken the responsibility of the Provincial Government
to the Legislature.
Hence, one of the first acts of the Attorney General after your Excellency’s
arrival was to inform your Excellency in his letter dated the 5th September,
1846, of the Resolutions passed by the Assembly on the 5th March, 1844,
(Journals pages 66-71) to which we invite His Lordship’s attention—and of the
acknowledged principles of action by which he held himself governed while one
of your Excellency’s advisers.
What we do desire is, that it may not be left to accident or individual
interest to inforce those changes which suit personal views on the erroneous
idea, that they are but the incidents of a system already introduced, or for
which the country has been prepared.
His Lordship will perceive that one object which amongst other things we
have had prominently in view in this communication has been to make his
Lordship acquainted with the peculiar circumstances distinguishing our Colonial
condition and polity in a very striking degree, not only from that of the Imperial
State, but of Canada also, and whilst referring to the past, we feel that much
evil has arisen from protracted and exciting discussion in the Legislature respecting
abstract theories of Government, concerning the application of which alone
it is that a difference exists. We would respectfully suggest in reference to the
future, that an authoritative declaration should be made of the extent to which
it is the design of Her Majesty’s Government, that the mode and principles of
English Administration with their incidents, as respects the tenure of offices as
dependent on the changes of political parties, shall henceforth be held to be in
practical operation in Nova Scotia.
We beg your Excellency to forward this letter to the Secretary of State by
the present mail, and we trust his Lordship will excuse the hastly manner in
which we have been compelled by the pressure of our Legislative and other
duties to prepare it, and that he will accept it as evidence of our desire that the
Government and Institutions of this country should be subjected to a comprehensive,
enlightened and disinterested review.

We have the honor, &c, &c,

(Signed) S. B. ROBIE,


Halifax, 5th September, 1846.

In relation to the communication your Excellency did me the honor to make
to me in conversation on Thursday, I think it is my duty to bring to your
Excellency’s knowledge existing facts connected with the Provincial Government,
and which I was prevented by absence from doing yesterday.
I shall probably adopt the most authentic and satisfactory mode in my
power if your Excellency will permit me to request your perusal of the Resolutions
which passed the Assembly on the 5th March, 1844, as embodying certain
acknowledged principles of Colonial Government.
This Resolution was concurred in by the Members of the Executive Council
in the House (Mr. Dodd, myself, and I may add, Mr. Wilkins,) with the assent
of the Lieutenant Governor, and has since been recognized and acted upon in
the administration of the Government of the Colony.
And your Excellency will not fail to perceive the relations in which the
Members composing the Executive Government stand, and the contingencies
which may arise demanding your Excellency’s action. I have, &c.,

(Signed) J. W. JOHNSTON.

His Excellency Major-General


2nd March, 1847.

SIR,—I have received your despatch of the 2nd February, inclosing various
papers, of which the most important are two letters to you from your Executive
Council. These appear to close the correspondence that has taken place between
your Excellency and the leaders of the two parties, with a view to some arrangement
whereby both might be enabled to co-operate in assisting you to carry
on the government of the Province.
Viewing these letters in conjunction with that from the leaders of the opposition
which you transmitted with your despatch of the 17th December, I think
I may regard the negociations to which they belong as terminated, and the proposed
arrangement as abandoned.
There is much to admire in the ability with which the representatives of
both parties have argued in favor of their respective conclusions. It is therefore
the more to be regretted that precautions were not taken to prevent these
communications from exhibiting that tone of acrimony that unfortunately disfigures
Indeed it would have been far better, and more in accordance with our
own practice in similar cases, had the communications of each party been
addressed to you in strict confidence, and withheld from the other. Your
efforts to moderate the animosities of party and strengthen your Government,
were rather exertions of personal influence than part of the ordinary duties of
administration; and as such, they, like all other exertions of such influence,
should have been the subject of confidential communication rather than of a
kind of public discussion.
While I regret your want of success in efforts prompted by your anxiety
for the efficiency of the public service, I must add that I am not surprised at
the result.
The experience of the free countries shows that it but rarely happens
that that coalition of rival leaders, which often appears the easiest solution of
many political difficulties, can be arranged to the honor and satisfaction of
those who are included in it, or can form any permanent foundation for an
efficient Government. And however injurious party animosities may often be
to those small communities which can ill afford the exclusion from their affairs
of any of the practical ability which is contained within their limits, experience
has taught that those animosities exhibit themselves at least as keenly in small
as in large societies; and that the public necessities are as little effectual there
as elsewhere in inducing those who are separated by personal and political
repugnancies to unite their councils for the common good. The letters which
constitute the correspondence in the present case must have convinced you,
as they have convinced me, that the personal and political differences which
separate those who bore a part in it are so wide as to render it impossible for
the two parties in the present state of their political feelings to act together
honorably or usefully.
It is very problematical whether any lapse of time or any change of circumstances
will ever bring these parties into a state of feeling more favorable to
the arrangement which you contemplated. I am therefore of opinion that the
present negociation being at an end, no attempt should be made to renew it.
Your present advisers will naturally continue to constitute your Executive
Council. The question whether the vacancies in that body shall be filled up,
may best be left to the Council itself to determine; though I wish to state my
very decided opinion that six is quite a sufficient number for the Executive
Council of Nova Scotia.
The two contending parties will have to decide their quarrel at present in
the Assembly, and ultimately at the hustings, and, until a decisive adverse to
your present advisers shall be pronounced in one way or the other, the composition
of your Council will require no further interposition on your part.
What I have now said will suffice for your guidance on such matters as call
for an immediate decision. The last letter from the Executive Council raises
some points with respect to the question of Responsible Government, which
undoubtedly require more detailed instructions than I have yet given. These I
must postpone till the next packet when I hope to have had time to consider
them with the attention which they demand.
I have, &c.,

(Signed) GREY.

Lieut. Governor Sir John Harvey.

(Copy, No. 25.) 1

1 See above p . 1151.

31st March, 1847.

SIR,—I have already acknowledged the receipt of your despatch of the
2nd February, enclosing two letters to yourself from your Executive Council,
and I now propose to communicate the conclusion at which I have arrived,
after that attentive consideration which I have felt due, as well to the intrinsic
merits of the views stated by your advisers, as to the respectable source from
which the statement emanates.
In doing so it will be convenient that I should at the same time advert
to the correspondence which soon after your assumption of the government of
Nova Scotia, you had with Mr. Howe and his friends.
Upon a careful comparison of these very able papers in which the members
of your Council and their political opponents have stated their respective
views as to the manner in which the Executive Government of Nova Scotia
ought to be conducted, I am led to the conclusion that there is not in reality
so wide a difference of principle between the conflicting parties as would at
first sight appear to exist, and that it may not be impossible to chalk out a
system of administration to be hereafter adopted, to which, without the slightest
sacrifice of consistency, both might assent.
On the one hand I find that the members of your Council declare that
they « desire in no degree to weaken the responsibility of the Provincial Government
to the Legislature, » and I gather from the general tenor of their papers
of the 28th and 30th of January, that they are aware that in the present state
of affairs, and of public opinion in Nova Scotia, it is necessary that the Governor
of the Province should, in administering its affairs, have the advice and assistance
of those who can command the confidence of the Legislature, and more especially
of that Branch of the Legislature which directly represents the people.
On the other hand I can hardly doubt that the gentlemen of the opposite
party who have insisted so strongly upon the necessity of what is termed
« Responsible Government, » would admit the justness and importance of many
of the arguments which have been used, in order to show the danger and incon-
venience of making the general tenure of offices in the Colonial service to
depend upon the fluctuations of political contests in the Assembly. I am the
more convinced that the gentlemen of the opposition will recognize the force
of these arguments, because I observe in the various papers in which they have
stated their views, frequent references, either direct or implied, to the practice
of this country, as that which affords the best model for imitation in laying
down rules as to the manner in which the Government of Nova Scotia should
be carried on.
Now, there is scarcely any part of the system of Government in this country,
which I consider of greater value than that, which though not enforced by
any written law but deriving its authority from usage and public opinion, makes
the tenure of the majority of offices in the public service to depend upon good
behaviour. Although, with the exception of those who hold the higher judicial
situations, or situations in which judicial independence has been considered
to be necessary, the whole body of public servants in the United Kingdom, hold
their offices technically during the pleasure of the Crown, in practice, all but
the very small proportion of officers which are distinguished as political, are
held independently of party changes; nor are those who have once been appointed
to them, ever, in point of fact, removed, except in consequence of any obvious
misconduct or unfitness. Thus, in fact, though the legal tenure, « during
good behaviour, » is rare, tenure, during good behaviour, in the popular sense
of the term, may be said to be the general rule of our public service.
The exception is in the case of those high public servants, whom it is necessary
to invest with such discretion as really to leave in their hands the whole
direction of the policy of the Empire in all its various departments. Such power
must, with a Representative Government, be subject to constant control by Parliament,
and is, therefore, administered only by such persons as from time to time
enjoy the confidence of Parliament as well as of the Crown.—These Heads of
Departments, or Ministers, together with their immediate subordinates, who are
required to represent or support them in Parliament, are almost invariably Members
of one or other House, and hold their offices only as long as they enjoy the
confidence of Parliament.
Though it is not without some inconveniences, I regard this system as
possessing, upon the whole, very great advantages. We owe to it that the public
servants of this country as a body, are remarkable for their experience and
knowledge of public affairs, and honorably distinguished by the zeal and integrity
with which they discharge their duties without reference to party feeling;
we owe to it also, that, as the tranfer of power from one party in the State
to another, is followed by no change in the holders of any but a few of
the highest offices, political animosities are not in general carried to the same
height, and do not so deeply agitate the whole frame of society as in those
countries in which a different practice prevails. The system, with regard to the
tenure of office, which has been found to work so well here, seems, therefore, well
worthy of imitation in the British American Colonies; and the small population
and limited revenue of Nova Scotia, as well as the general occupation and social
state of the community, are, in my opinion, additional reasons for abstaining, so
far as regards that Province, from going further than can be avoided, without
giving up the principle of Executive responsibility, in making the tenure of offices
in the public service dependent upon the result of party contests. In order to
keep the Executive Government in harmony with the Legislature, it is doubtless
necessary that the direction of the internal policy of the Colony should be entrusted
to those who enjoy the confidence of the Provincial Parliament; but it is
of great moment not to carry the practice of changing Public Officers further
than is absolutely necessary for the attainment of that end, lest the administration
of public affairs should be deranged by increasing the bitterness of party
spirit, and subjecting the whole machinery of Government to perpetual change
and uncertainty.
In the practical application of these views, there will, I am aware, be room
for considerable difference of opinion. In this, as in all questions of classification,
varying circumstances, and the various views taken by different men, will
give rise to discussion and occasional alterations with respect to particular offices.
Your acquaintance with what has passed, and is passing in the Mother Country,
will suggest to you instances in which the question has been raised, whether a
particular office, should, or should not, be a Parliamentary office; and some in
which different offices have been deliberately removed from the one to the other
The question, how many of the Public Officers in Nova Scotia ought to be
regarded as political, is one to be determined on the general principles I have
before laid down; and with reference to various considerations arising from the
peculiar exigencies of the Public Service, and the Finances, and social state of the
Colony. The practical end of Responsible Government would be satisfied by
the removeability of a single Public Officer, provided that, through him, public
opinion could influence the general administration of affairs.—Without quite
assenting to the too modest estimate which your present Council have given of
the resources of the Province, I admit that the smallness of the community, its
want of wealth, and the comparative deficiency of a class possessing leisure and
independent incomes, preclude it from, at present, enjoying a very perfect
division, of public employments.
Small and poor communities must be content to have their work cheaply
and somewhat roughly done. Of the present Members of your Council, the
Attorney General and Provincial Secretary, to whom the Solicitor General should
perhaps be added, appear to me sufficient to constitute the responsible advisers
of the Governor. The holders of these offices should henceforth regard them as
held on a political tenure; and with a view to that end, the Provincial Secretary
should be prepared, in the event of any change, to disconnect from his office
that of the Clerkship of the Council, which seems to be one that should, on
every account, be held on a more permanent tenure.
It is possible that in the event of any change being rendered necessary by
the course of events in the Provincial Parliament, the party succeeding to power
might insist on increasing this number of political offices by adding to the list
of those to be so regarded. In case such a question should arise, I must leave
it to your discretion, on a view of various local and temporary circumstances,
which I am at present unable to appreciate, to form your own decision with
respect to any such demand.
I should feel no objection to somewhat increasing the number of political
offices, (for instance, by appointing a Financial Secretary, and a Responsible
Chief of the Department of Public Lands and Works,) should the expense of
dong so, without injustice to those now in the Public Service, be found to be
not more than the Colonial Revenue would conveniently bear. But I rely on
your using your influence to resist that disposition, which a party succeeding to
power often exhibits, to throw open the various offices of emolument to their
friends, without sufficient regard to the mischiefs thereby permanently entailed
on the Public Service. And it is but due to what I have seen of the conduct
the principal advocates of Responsible Government in Nova-Scotia, to express
my reliance on their public spirit and sober estimate of their country’s position
and interests, as the most effectual safeguard against any abuse of power.
There is another safeguard which, even with the less considerate members
of any party, you will, I think, find sufficient to protect the public interests
against any great disposition unnecessarily to place offices hitherto held on what
has practically been a tenure of good behaviour, on one of a more precarious
nature. However desirious the people of Nova-Scotia may be to establish the
principle of Responsible Government, they would, I feel assured, shrink from
effecting any reform, however just, or necessary, at the cost of injustice to individuals.
Now, when individuals have engaged in the Public Service under
a belief, sanctioned by custom, that they obtained a tenure of their offices during
good behaviour, it would be most unjust to change that tenure to one of dependence
on a Parliamentary majority, without ensuring them a provision that
would make up for the loss of official income. I think that the consideration that
the improvident grasping at any particular office would necessitate the provision
of an adequate pension for its occupant, will be a salutary check on any disposition
to carry Party Government beyond its just limit.
This condition must be applied to the removal of those Public Officers who
now have seats in your Executive Council, unless where they have clearly
accepted office on an understanding to the contrary effect. I cannot suppose
that the necessity of providing the requisite pensions, will be deemed by the
Assembly an unreasonable accompaniment of the establishment of Parliamentary
Government. And hereafter I think it would be proper to recognize as an
invariable rule, that no person should without such provisions, be deprived of
any office (except upon the ground of unfitness or misconduct) unless he had
accepted it on the distinct understanding that it was to be held virtually, as well
as nominally, during pleasure.
I entertain a strong conviction that the adoption of such a rule will be
found conducive, not only to the interests of the holders of offices, but also to
those of the public, and to a true economy of the public money. As I have
already observed, it is impossible to expect that men of superior capacity will
devote themselves to the public service, unless they are assured that their employment
will be permanent, or are offered emoluments so large as to make up
for the uncertainty of the tenure by which they are enjoyed.
If the emoluments of public employment are small, and its tenure at the
same time uncertain, a strong temptation is given to the holders to endeavour
to make up for these disadvantages by irregular gains, and thus to give rise to
practices equally injurious to the community in a pecuniary, and in a moral
point of view.
You will observe that in the preceding observations, I have assumed that
those only of the public servants who are to be regarded as removeable on
losing the confidence of the Legislature, are to be members of the Executive
This I consider to follow from the principles I have laid down. Those
public servants who hold their offices permanently, must, upon that very ground,
be regarded as subordinate, and ought not to be Members of either House of
the Legislature, by which they would necessarily be more or less mixed up in
party struggles; and, on the other hand, those who are to have the general direction of affairs, exercise that function by virtue of their responsibility to the
Legislature, which implies their being removable from office, and also that they
should be Members either of the Legislative Council or Assembly. But this
general direction of affairs, and the control of all subordinate officers, it is the duty of the Governor to exercise through the Executive Council must be considered
as in the nature of political offices, and if held in connection with other offices, must give to these also a political character. This, however, leads me to observe that, if only two or three of the principal offices are to be regarded as political, it may very probably be advisable to assign salaries to two or three of the Executive Councillors, as such. The Executive Council has duties of a very important character to perform; those duties, and the defects in the manner in which they had then, generally, been discharged, I find thus described in a confidential Despatch which the late Lord Sydenham, then Mr. P. Thompson, addressed to Lord J. Russell, from Halifax, in the year 1840. « The functions of the Executive Council, on the other hand, are, it is perfectly clear, of a totally different character. They are a body upon whom the
Governor must be able to call at any or at all times for advice—with whom he can consult upon the measures to be submitted to the Legislature, and in whom he may find instruments, within its walls, to introduce such amendments in the Laws as he may think necessary, or to defend his acts and his policy. « It is obvious, therefore, that those who compose this body must be persons whose constant attendance on the Government can be secured, principally, there- fore, officers of the Government itself; but, when it may be expedient to introduce others, men holding seats in one or other House, taking a leading part in political life, and above all, exercising influence over the Assembly. « The last, and, in my opinion, by far the most serious defect in the Government,
is the utter absence of power in the Executive, and its total want of energy to attempt to occupy the attention of the country upon real improvements,
or to lead the Legislature in the preparation and adoption of measures for the benefit of the Colony. It does not appear to have occurred to any one that it
is one of the first duties of the Government to suggest improvements where they
are wanted. That the Constitution having placed the power of legislation in the
hands of an Assembly and a Council, it is only by acting through these bodies
that this duty can be performed, and that if these proper and legitimate functions
of Government are neglected, the necessary result must be, not only that the
improvements which the people have a right to expect, will be neglected, and the
prosperity of the country checked; but that the popular branch of the Legislature
will misuse its power, and the popular mind be easily led into excitement upon
mere abstract theories of Government, to which their attention is directed as
the remedy for the uneasiness they feel. »
In this view of the proper functions of the Executive Council I entirely
concur; but, I greatly doubt whether they could be adequately discharged by a
Council composed of only two or three persons holding offices in the public
service, and of gentlemen serving gratuitously. It is hardly possible to expect
that those so serving should devote any large portion of their time to their public
duties, and it therefore appears to me highly desirable that salaries should be
assigned to at least one or two seats in the Executive Council.
On such terms as these, which I have thus detailed, it appears to me that
the peculiar circumstances of Nova Scotia present no insuperable obstacle to the
immediate adoption of that system of Parliamentary Government which has long
prevailed in the Mother Country, and which seems to be a necessary part of
Representative Institutions in a certain stage of their progress.
I have thought it due to you to enter thus fully into the practical difficulties
to be encountered in giving effect to those general principles which, in my Despatch
of the 3rd of November, I laid down for your guidance in the selection
of your responsible advisers. I am in hopes that the present Despatch will leave
you in no doubt as to the course to be pursued by you in the event of any
change, of which you may anticipate the contingency.
I owed it to you to make myself clearly understood on this point—and I
trust that what I have now said will be regarded by your Council as amounting
to such a declaration of my views as was requested by them in their letter of
the 30th of January.

I have, &c, &c, &c,

(Signed) GREY.

Lt. Gov. Sir John Harvey, &c.


1 See above pp. 183, 192.

QUEBEC GAZETTE, JUNE 27, 28, AND 30, 1848.


Secretary’s Office,
10th June, 1848.

MY LORD,—I am honoured by the commands of the Governor-General to convey
to you His Excellency’s reply to the Memorial of the President and Officers
of the Association of Canadian Settlement in the Townships.
His Excellency trusts that the vast importance of the subject—the various
information which its consideration required—the necessity for gravely weighing
the principles announced in the memorial—the great length at which the
committee have discussed their plans and the desire of His Excellency that the
reply to the memorial should be plain, precise and satisfactory—will sufficiently
account for the delay which has taken place in communicating to the Association
His Excellency’s intentions on the subject of the interesting document
submitted on behalf of the Society.
His Excellency is of opinion that the prosperity and future greatness of
Canada will depend in a great measure on the use which shall be made of
lands now vacant and unproductive; and His Excellency thinks that the best
use which can be made of these lands will be the filling them with a population
of industrious, moral and contented settlers.
Entertaining this opinion strongly, it cannot but be a source of regret to His
Excellency to find that not only the ancient seignorial tenure, which—as introduced
at the earlier settlement of the country, with provisions intended
justly and liberally to protect the censitaires, and to secure their rights and
property—appeared so well fitted to produce the easy acquirement of land by
the agricultural population, has been so altered in its practical working as no
longer to have that effect, and in fact so as to become a fruitful source of
complaint; but also that the commutation of that tenure, so far as it has proceeded,
as well as the land-granting system formerly established by the
Imperial Government, have each tended to produce monopoly of large tracts
of land in the hands of those who do not occupy or cultivate it: so that this
section of the Province presents the extraordinary and anomalous spectacle
of an overcrowded and emigrating agricultural population, in a country possessing
wild, uncultivated, and at the same time fertile land, sufficient for the
wants of the native inhabitants and of new comers for many years.
The original grants of land in seigneuries or fiefs in Canada, made by the
Kings of France, were evidently conceded with the view of facilitating the
acquirement of land by the agricultural inhabitants; but the seigneurs are,
even where the tenure remains, enabled, by some device, to elude the ancient
protective law in favor of censitaires. Those seigneurs who have commuted
are apparently made absolute owners of territory in which the censitaires
were perhaps more interested than themselves; and grantees, or purchasers of
land from the Government in the townships,—though grants and sales, as would
appear from regulations remaining of record, have always been with the view
of promoting settlement,—have, to a great extent, also evaded that intention.
All these parties have a direct interest in raising the price of land, and in making
the industry of each settler and cultivator work for the benefit of the holders of
the unsettled territory, by the enhancement of price as settlement advances;
and thus the object of the greatest public importance—namely, the easy and
rapid diffusion of the population over the country—is sacrificed to the interests
of speculation in the wants of that population, whose ability to become purchasers
not keeping pace with the expectation of land-holders, overcrowding
of the inhabitants in the conceded and settled lands, and emigration of the
young men appear to have followed.
Comparatively, but a small portion of the provincial territory near to the
settlements remains in the hands of the Government; but yet there is sufficient
for an important movement, in which the inhabitants of this section of the
Province are deeply interested. His Excellency commands me to say that Her
Majesty the Queen has deeply at heart the welfare of her Canadian subjects of
French origin: and nothing could be more gratifying to His Excellency than to
be able to inform our Sovereign that any measures of his Government tended to
give them facilities of becoming proprietors in their native land; for, while
Canada offers a home to emigrants from the United Kingdom, and while it is
manifestly the interest of this country that population should be increased and
extended by every practicable means over its territory, none, in the opinion of
His Excellency, can have a better right to the benefits of that extension than
the descendants of the ancient colonists, whose patient and persevering industry
in peace and whose gallantry in war have done so much for the improvement
and defence of this portion of Her Majesty’s dominions.
The evils which I have above alluded to, as springing out of a mistaken
disposition of the colonial lands, appear to the Governor-General mainly to
have arisen from delegation of powers, which the Government, in justice to the
people, should have preserved in its own hands; for in this manner individuals
or companies have been interposed between the Government and the intended
settlers, the professed object of such interposition being the promotion of settlement,
but the moving interest of the parties being to make settlement an object
secondary to the realization of money by means of the position in which the
Government was induced to place them.
In the western part of this Province the same evil, of large proprietorship
of wild land, existed, but not to the same extent as in this Province; but it is
rapidly disappearing, partly by the price of land having been sufficiently
enhanced to induce the owners to sell, and partly by means of municipal taxation,
which, while it makes the wild territory as well as the cultivated land
contribute to public ameliorations, causes the long possession of large tracts of
uncultivated territory to become practically burdensome to the owner.
As to how far it may be consistent with public sentiment in this portion of
the Province, or to what extent it may be desirable to make owners of wild
land and seigniors contribute to expenditure in ameliorations, so as to make it
their interest to part with property, and place it in hands where it will become
peopled and productive, it is not for His Excellency in this communication to
indicate an opinion. I am confined to the subject of the disposal of the land
remaining in the hands of the Government, in the management of which His
Excellency conceives it to be his duty to watch with unceasing care over the
interests of the class of cultivators who may be induced to occupy it; and not
by any delegation of authority to part with the duties and responsibilities
which the Government possess.
In the Memorial to which, by His Excellency’s command, I have the honor
at present to reply, it is suggested that the Government should speedily grant
the unconceded lands which belonged to the late order of the Jesuits, at fixed
rates of moderate rents, freeing those lands, by legislative enactment, from the
burden of lods et ventes in case of mutation.
On this subject His Excellency commands me to observe, that he looks upon
the lands which belonged to the late order of the Jesuits as devoted to a special
purpose in Lower Canada. To recommend to Parliament the removal of the
burden of lods et ventes, would be practically to recommend destruction of the
fund which those lands were intended to create; the release of the lands remaining to be conceded from the imposition of the lods et ventes, could scarcely be
accomplished, without giving foundation to an irresistible claim to a like concession
on the part of the censitaires of the lands already conceded; and His
Excellency can scarcely believe that the Association over which Your Lordship presides, could have had an abandonment of the devotion to a special purpose
of the fund in view to such an extent as the language of the Memorial would
indicate. But if His Excellency is to understand the Memorial to recommend the speedy concession of lands in the seigniories, which belonged to the late order of Jesuits, according to the ancient laws of Lower Canada, at fixed rents
—that is to say, at rents which are not to be increased, because of the industry of the present censitaires on the settled lands, they being the parties who, for
the distribution of their families, are chiefly interested in the new concessions;—
if by moderate rents His Excellency is to understand, rents placed at the lowest
possible rate, consistently with the preservation of the special fund for the
raising of which the lands are in the hands of ‘Government as a sacred trust;— and if by the proposed relief from the burden of lods et ventes His Excellency is permitted to understand, that the easiest and least burdensome terms should be given for commutation of the rights of the Crown to the dues, consistent still
with the maintenance of the special fund;—with this understanding I am commanded
to say that His Excellency fully and cordially concurs in the views of
the Association. The lands unceded in the signiories belonging to the Jesuits’ estates, situated in the County of Champlain, have been already ordered to be surveyed; and the agents of the Government are directed to make concessions as speedily as practicable. In those concessions the principle of actual settle- ment and occupation by the grantees is intended to be carried out rigidly; and all monopoly, which would enable any individuals to make a profit by engrossing
large quantities of land, is to be avoided; and I am commanded to assure
Your Lordship that any ameliorations in the system, which may appear in its practical working to be desirable, will be readily adopted by the Government,
so that so far as the duty of the Executive in regard to the Jesuits’ estate fund will permit, the seigniories in the hands of the Government will be made sub-servient to the public good, and to the avoidance of the evils which are so feelingly expressed in the Memorial of the Association. It is proposed, secondly, in the Memorial, that a colonization should take place in that part of the Province usually called the Townships. The principal part of the vacant lands in that part of the country, His Excellency regrets to find have long passed from the hands of the Government; but it has long been
the desire of His Excellency that the part remaining to the Crown should be used for the purpose of actual and active colonization. It was no doubt with this view that Government, some years since, procured the surrender by the British American Land Company of six hundred thousand acres of land in the counties of Sherbrooke and Megantic, in which neighbourhood there are now
upwards of a million of acres at the disposal of the Government. It is exceed- ingly gratifying to His Excellency that the views of the Association very nearly
coincide with the plans of settlement of that neighbourhood which His Excellency
has been advised to adopt, and he commands me to detail these plans to you, and to inform Your Lordship that they are proceeding to their accomplishment with all possible activity.

This valuable tract of land is communicated with from Montreal from the
St. Lawrence, opposite Three Rivers, and from Quebec by roads nearly completed
to the boundaries of the territory in question; and, therefore, it can,
with little expense, be made accessible for settlers from all these directions.
The statute regulating the disposal of public lands, places it in the power
of the Governor General in Council to grant to actual settlers, allotments not
exceeding in quantity fifty acres each, upon or in the vicinity of leading
public roads.
This power has enabled the Government in Western Canada to commence
and carry on a colonization system in a portion of the unsettled territory of
the Crown, which, so far as it has gone, has been attended with the most happy
results; and it has been desired to extend the same plan, which accords almost
in all respects with the one proposed by the Association, to the territory above
spoken of, where it was once, in fact, attempted; but, for want of the cooperation
of leading and influential men like Your Lordship and the founders
of the Association over which you preside, or for some other cause not necessary
now to be enquired into, it failed, except to a small extent.
The first operation under this plan will be the completion of the communications
with the external lines of the tract—the next the laying out some
leading roads throughout it.
The Lambton Road, which communicates from the eastern limit of the
tract at the end of Lake St. Francis with the lines of road on the banks of
the Chaudiere River, leading towards Quebec, is to be laid out so as to open
the communication between the end of Lake St. Francis and the Otter Brooke
road, a distance of nineteen miles. The intention of the Government is not,
with the small means at its disposal, to make this new road a good one, but
to assists the settlers, by making it barely passable, which can be done by
cutting down the trees for the width of one chain or sixty-six English feet,
and by burning the trees cut down and clearing the land to be occupied by the
road. In this operation, settlers may be employed, though, as a source of
employment, except to a few, and but for a short time, it cannot be depended
upon. By thus clearing the road, and placing bridges of cheap construction
over the streams and causeways where the ground happens to be marshy, a
cheap communication can be made, upon which settlers will be placed; a
double line of fifty-acre lots, or lots containing sixty arpents, will be surveyed
on each side of the road, and these will immediately be open for settlement.
It is not proposed to make any distinction between settlers who are able
to pay for land and those who are not, so far as grants of fifty acres are concerned.
To that quantity of land every male inhabitant admitted to settle
on the tract, of the age of twenty-one years, will be entitled.
But as it is by no means desirable that the whole or the greater part of
the settlers should be of the description who cannot pay for land, it is proposed
that any of the settlers who may like to do so, shall have the opportunity of
purchasing for a price to be paid down, the neighbouring lots vacant to the
extent of 150 acres. The price will be fixed for actual settlers at the rate of
four shillings per acre, and will be payable in cash or land scrip.
As it would be obviously imprudent for any man to settle on this land
who has not the means of providing himself with the necessaries of life until
the means of subsistance can be derived from the soil, the agent will be
instructed to inquire into the means possessed by each individual offering
himself as a settler. For the purposes of this information the certificates of
the society and its officers will be of great value, as the members of the society
will probably know with what prospect a settler can commence his operations,
and will be able to explain to the colonists the inexpediency of undertaking a
settlement upon wild land without means of some extent already provided.
The agent will be instructed to reserve sites for churches, schools, villages,
and mills. The former will be granted, and villages and mills laid out and
disposed of so as to secure their being used for the purposes required, and so
as to guard against monopoly. Another road, running through the centre of
the tract, and communicating from Lake Megantic to the Gosford Road, a
distance of forty-two miles, will also be immediately laid out with a double
tier of 50 acre lots on each side.
Side lines, or roads to communicate from the rear lots to the main-road,
will be surveyed; but the making of these roads must be left to the industry and
energy of the settlers themselves.
The Colonists who have families containing several males above the age
of twenty-one years, will, if they desire it, have their lots adjoining each other.
The agent will be instructed to place each settler upon his lot, and to enter
his name in a book, from which returns are to be made to the Crown Land
Office. The settler will receive a location ticket authorizing him to occupy the
lot for which he is set down; But under the most strict conditions of occupation,
and with the certainty that if the lot be abandoned at any time before
the locatee is entitled to a patent, the land will be granted or sold to another
settler forthwith.
Each locatee will be entitled to his patent on the certificate of the Government
Agent that he has cleared and made fit for cultivation sixteen acres of
The time allowed for this clearance will be four years from the first
occupation by the settler.
Persons who purchase land will be obliged, within four years, to clear and
make fit for cultivation one-tenth of the whole quantity purchased, and will
not receive patents until that is done.
If families containing several settlers entitled to land, choose to reside on
one lot, instead of upon the several lots, this will be accounted as occupation
of the several lots; but the clearing required must be upon each lot as
The Government having by this means prepared the way for the commencement
of settlement on the tract, and being prepared to extend the
working of the plan as fast as required, accepts of, and invites, the co-operation
of the Association. It is not in the power of the Government, neither would it
be proper for it, to make any distinction in favour of settlers recommended by
the Association, or in favour of any class amongst Her Majesty’s subjects; but
the superior opportunities which the class of inhabitants proposed to be
benefitted by the Society, who are Her Majesty’s subjects of French origin,
will enable them practically to make the settlement every thing they may
desire; and with their projects for the good of the settlers, there is no necessity
for the Government to interfere, if it had the power.
It is of the greatest consequence that the means of religious and moral
instruction should be provided for the Colonists; but beyond those provided by
law, the Government has none at its disposal. The advice, encouragement—
the benevolent exertions of your Lordship and your excellent associates—will
do more in promoting the happiness and moral condition of the future inhabitants
of the settlement, than any interference of Government can accomplish;
and I am commanded to express the gratification of His Excellency in finding
the disinterested and noble sentiments set forth on this subject in your memorial.
It would be in vain for the Government to offer opportunities for settlement
of its vacant territory, unless these are accepted by the people in large
numbers. It is, in fact, by concentration and union of effort that anything of
importance on this subject can be accomplished.
By comparing the proposed course of the Government respecting the
seigniorial lands which belonged to the late order of Jesuits and that regarding
the lands of the Crown not hitherto appropriated, your Lordship will understand
that in cases where the Government are trustees of special funds, they are not
prepared to sacrifice these funds to the general policy of the country—a course
which would amount to an indirect confiscation; and the same principle will
apply to lands appropriated to Clergy Reserves, or reservations for the Indians,
school lands, or other special landed appropriations.
But in these cases the Government are not prepared to admit the justice
or policy of taking advantage of large possessions for the purpose of administering
the property specially appropriated, with the view to large enhancement
of price. They are ready to admit, and, so far as they have power to act upon
the principle, that to make the industry and enterprize of the prior purchasers
and cultivators a means of great enhancement of the price of the remaining
territory, thereby offering to these first purchasers and settlers the discouraging
prospect of increasing difficulties in the way of their procuring a neighbourhood,
and thereby dooming them to prolonged isolation and helplessness, is a degree
of over-administration of a special fund of uncertain expediency when private
trustees are concerned, and altogether impolitic and unjust when the Government
are the administrators.
Administered on any other principle, special appropriations of large quantities
of land become a real grievance to the vicinity of these locations; but when
the lands are disposed of with due regard to the interests of the whole community,
the special fund may be preserved without any important evil result, or
any just grounds of complaint.
As regards the lands of the Crown, the Government are disposed not to
regard them as any very considerable source of income for the ordinary purposes
of revenue. The distribution of the population in comfort and independence,—
increase in the numbers of people of the Province,—and the consequent rapid
increase in the public strength and resources,—are objects of more value than the
price which can be derived from the sale of the territory of the Crown. These
lands will therefore be disposed of principally with the view of settlement; and it
is for the purpose of aiding the means of promoting that object, and for the
purpose of discouraging fraudulent evasions of regulations in favour of actual
settlement and occupation, that a price is intended to be exacted. The vast
quantity of rights to land issued in favour of persons not intending to settle, but
with whom it was necessary to preserve the faith of Government, and which
have been converted into land scrip, have hitherto prevented the requirement of
money from the sale of Crown Lands; but when this scrip shall be absorbed by
being used in purchases of Crown Lands, a revenue will probably arise, which, in
the hands of the Legislature, may be made available in aid of settlement, education,
and for other interesting and important purposes.
When settlement is intended to be commenced on any large tracts of Government
land, the first occupants will labor under considerable disadvantages; their
supplies will have to be brought from a distance, and communications have to be
opened. To do the first rough work, of laying out and opening main roads, so as
to prepare them for the operations of nature and for the gradual improvement
by the inhabitants, is proposed to be undertaken by Government. The first
population of a tract of land will be directed to their lines of road. To demand a
price for the lands to be occupied by those first settlers would be to increase their
difficulties, and to take money from them which can by no means be better
employed than by themselves; but when lands are given, every possible evasion
of the obligation of actual settlement and occupation is to be expected. The
inducements to pretend intentions to occupy lands will be too strong to admit of
any belief in expressed intentions; therefore there must be resident agents, with
power of immediate appropriation of lands on their abandonment by professedly
intending settlers.
When the occupation of the lands upon and in the vicinity of the leading
roads is secured, the occupation of the adjoining territory becomes comparatively
easy; and therefore it would not be advisable to expend the small monied
resources available for settlement in clearing the roads. The settlers themselves
having the great lines of communication open and the settlement commenced,
can effect this object themselves; and when the settlement becomes sufficiently
important to be represented in Parliament, and to contribute to the public
treasury by ordinary taxation, it will have the same demand upon the consideration
of the Government and Legislature with the peopled part of the country.
After the first settlement upon the leading lines of communication, the land
in the neighbourhood will have acquired a certain value, and therefore it would
appear to be just that a fixed price should be exacted, so that the public finances
should not in the end suffer by the administration of the vacant territory.
The smallness of this price will, of course, invite speculation and monopoly,
hitherto found so destructive to all attempts at rapid colonization. Whenever a
full equivalent is required for land, no care is required to guard against this
evil; but when land is increasing in value by means of settlement, and not
increasing in proportion in the Government price, without great watchfulness
purchasers on speculation spring up, and interpose themselves effectually, and
almost immediately, between the Government and the real settlers. This evil is
aggravated beyond measure by credit sales; and therefore it is thought right that
the price should be kept fixed, and so low as not in reality to be burdensome; and
that actual residence and occupation should, in all cases, be watchfully insisted
on in new settlements.
After labour has been expended upon lands, a considerable portion rendered
capable of cultivation, and when the locatees shall have received their titles, then
will come the time for enlargement of possessions by the more wealthy class.
Then land will be acquired by purchase from the settlers, at prices which will
forbid its being held in an unproductive state; and with the prices obtained, new
and enlarged purchases of wild land will be made by the first settlers. This
progress has been observed in Western Canada. Where the successful proprietors
of lots, originally small, have, instead of subdividing or lessening their possessions,
been enabled to increase them by purchases from their neighbours, who, by means
of enhanced prices, have in their turn been able to become purchasers and
occupants of larger lots in parts of the country which, at the time of their settlement,
were almost inaccessible.
His Excellency desires me to request Your Lordship to contrast this plan
with the one hitherto too much pursued in Canada, namely, that of commencing
by making large grants and sales with a view to ultimate subdivision. In the
latter case, the land has invariably fallen into the hands of speculators, not
cultivators, and has only been afterwards distributed slowly and with great
difficulty at enhanced prices to the really meritorious occupants. This operation
of distribution has been much accelerated in Western Canada through the means
of municipal taxation; but in this portion of the Province lands so disposed of
remain in wilderness, unprofitable in themselves, and the worst barrier in the
way of transfusion of life and activity into the vacant territories beyond.
It could scarcely be believed in other countries, that in this Province, so
thinly peopled in proportion to its extent of fertile territory, and in a portion of
it where the religious and customary predelictions of the inhabitants might be
supposed to attach them to their native soil, a system of emigration should have
commenced amongst the young men, directed towards a land where none of the
institutions to which the emigrants are peculiarly attached, are found to prevail.
There must indeed be found some great obstacles to prevent their establishment
at home. If these arose from any natural causes, the Governor General could
only, in common with other friends of the country, lament their existence; but
since the impediments to settlement of the native inhabitants of the country at
home appear to have been produced by artificial means, His Excellency is
disposed, with the full concurrence of the advisers of the Crown in this Province,
to use every effort by which this great evil can be obviated. To make the
prosperity and happiness of the people of the country as little as possible dependent
upon events external to themselves, is one of the first duties of the
Government and Legislature; and the occupation and improvement of the
territory now lying waste, whether it remains in the hands of Government, or
happens to be conceded upon mistaken notions of public policy, is obviously the
plainest and most simple mode by which this great object can be accomplished,
and to which the attention of the Administrative and Legislative authorities of
the country cannot be too earnestly directed.
The above sketch of the intentions of the Government regarding the most
important and most accessible public territory remaining in the hands of Government, will, His Excellency trusts, sufficiently elucidate the principles upon which
settlements in other portions of the Province will be conducted. The expense
attending the establishment of each focus of settlement, will make it inexpedient
that the efforts of the Government should be directed to many points; and the
fertility and accessibility of the lands above described, make it peculiarly desirable
that the principal colonization to take place in this portion of the Province should
be directed to that quarter.
His Excellency perceives that it is proposed in the memorial of the Colonization
Society, that that body should have the nomination of the resident agents for
the carrying out the system of conceding Crown Lands.
To this proposal His Excellency cannot accede. All the evils which have
been represented so forcibly in the memorial have, as before observed, arisen from
delegation of the powers and responsibilities of the Government; and so much
will depend upon the impartiallity, activity and zeal with which the duties of the
agency are discharged, that the Government cannot, without shrinking from its
own duty, part with any of the responsibility attached to the originating and
carrying into operation measures of such great public interest. The Government,
expressing views so much in accordance with those of the Association, and those
not forced upon it by representations from that body, but entertained before its
existance, entitles it to full credit for the sincerity of its professions. On the other
hand, the Society in the mode pointed out by itself, will have every opportunity
of aiding in the proposed project for the amelioration of the condition of the
inhabitant. Perhaps, without the efforts of influential bodies or individuals,
diffused throughout the country, the efforts of the Government might be unavailing;
but with the Government and the Association working each within its own
sphere of activity, there can be no reasonable doubt of a satisfactory and happy
The Association, in the memorial presented to His Excellency, represent that
it would be advisable to continue in the new settlements in this part of the Province
the laws and institutions to which they are attached; and on this subject I am
commanded to say that His Excellency is inclined to believe that no material
difference in the law of property prevailing in the Townships from that existing
in the older settlements of Lower Canada will be found; and if any such discrepancy
shall be discovered, he has no doubt that the Legislature will readily
listen to any representations which may make settlement by the inhabitants of
French origin more desirable and more ready of adoption on their part.
Having thus explained the views of His Excellency regarding settlement
generally, and particularly with respect to the main direction which it is proposed
to give it, it remains for me, by His Excellency’s command, to give you the like
information regarding the basin of the Saguenay and the territories on the Ottawa
As to the former of these localities, I am commanded to say that His Excellency
looks upon the progress of settlement there with great interest. It has,
however, proceeded to a considerable extent already, upon the system of sale of
land to actual settlers. So far as offermg lands at a very low rate, which will be
fixed and permanent, and so far as insisting on terms of actual settlement in the
portions where the proprietorship of land without actual occupation would be
injurious, the Government will be prepared to carry out the same principles I
have endeavoured to communicate to your Lordship. How far the prosperity of
that settlement may be promoted by the laying out roads, and by making free
grants upon them, His Excellency, with his present information, is unable to say;
but should such a proceeding remain at the present day practicable, and appear
on investigation to promise results practically useful, the extension of the whole
plan to that locality will be adopted. The isolation of the settlement, its leading
to nothing beyond, and its water communications, would appear to make the
system in some respects inapplicable. While these circumstances point decidedly
to the policy of not burdening the inhabitants with any price which they can feel
to be oppressive in the acquisition of land, the proper officers will be directed to
make reports upon this subject; and I am commanded to say, that any suggestions
which will tend to the relief and progress of that interesting settlement will meet
with the most prompt attention on the part of the Government.
The north eastern shores of the Ottawa present opportunities for colonization
which have been already taken advantage of by settlers even where the lands
have not been surveyed. The lands fit for settlement appear to lie in valleys,
which break through the rocky boundary, which directs the course of that great
river. These valleys, in most instances, like the basin of the Saguenay, lead to
nothing of importance beyond; and therefore while exceedingly fit for limited
colonization, and proper localities for the easy acquisition of land by settlers,
they do not offer the inducement to expenditure possessed by more important
tracts of country. To have the available lands surveyed as they shall be required,
and to offer them to colonists at low and fixed rates, to prevent monopolies and
enforce actual settlement, appears to be all that they require, or which it would
be just to bestow on them.
The Governor General directs me to inform you that there is great reason to
suppose that many parts of the vast region extending between the river Ottawa
and the waters of Lake Huron possess every inducement which fertility of soil
and salubrity of climate can offer for actual occupation.
This great territory, lying in the rear of the occupied lands in Upper Canada,
and equally accessible from both sections of the Province, is a locality in which
both are equally interested. To make a commencement of settlement in that
region, which will, after many years of influx of colonists from all quarters, still
offer increasing facilities for multiplying the resources of the country, seems to be
an object of immediate importance; and this, with the northwestern portion of the
Upper Canadian Peninsula, appears, with the plans I have above detailed, to
invite the early attention of the Government. To look upon these vast but yet
dormant resources from which future greatness is certain to arise to this Colony,
appears to His Excellency most encouraging, leaving it only to be lamented that
the limited numbers of the population and smallness of means in proportion to the
objects in view must still make the progress of the country slow in proportion to
its territorial capabilities. The Association over which your Lordship presides
could not have acted in any way more truly gratifying to His Excellency than by
their proposal to induce and encourage the native population of this portion of the
country to take a prominent part in the enterprise of colonization. In this, as in
all other efforts to promote the public good, His Excellency commands me to say,
that he is the willing servant of our Sovereign, and that his duty and inclination
alike prompt him to be assisting you by every means entrusted to his disposal
His Excellency commands me to say in conclusion, that he has the greatest
satisfaction in informing you that, upon the representation by this Government
of their views on the subject of colonization and settlement, Her Majesty’s Government
in England, anxious to promote the objects proposed in this country,
has taken upon itself to provide for the extraordinary expenses of the emigration
of last season, as regards the sum of twenty thousand pounds which the Provincial
Government thought it right to offer to contribute towards these expenses. This
was a matter of doubt; but Her Majesty’s Government, in consideration of the
undertaking held out in this country, that if that sum should be relinquished by
the Imperial Government, it would be employed here in promotion of the great
object of settling and colonizing the vacant territory, consented to bear the whole
of the extraordinary emigration expenses, leaving that sum at the disposal of the
Government here.
The despatch which communicated this decision of Her Majesty’s Government
was in answer to communications from this country, made before the
reception by His Excellency of the address of the society; but without the important
information it contained, His Excellency would not have been able to reply
to the address in the manner he desired to do; and it was for this reason, amongst
others that an answer has been postponed, which His Excellency trusts will not
disappoint Your Lordship or the benevolent and patriotic society over which you
The law as it now stands offers every facility for commencing a system of
colonization on the plans above proposed. To carry out these plans fully will
require some slight alterations in the legislative provisions relating to the disposal
of public lands, but His Excellency has every reason to believe that he will meet
with the full co-operation of Parliament in the practical working of a system
intended to produce full and profitable employment for the agricultural portion
of the community, and to increase the trade and render available the now dormant
resources of this great Province.
I have, &c,



1 See above pp. 190, 221.
2 Copy G. 461, p. 245.

No. 85. MONTREAL 28 June 1848.

Earl Grey
&c &c &c


With the view of ascertaining by personal observation how matters are
conducted at the Quarantine Station I proceeded to Grosse Isle at the close of
last week. My Visit was altogether unexpected by the Authorities and I had
accordingly the advantage of seeing the Establishment in its usual working order.
2. I have much pleasure in reporting to Your Lordship that I have been
highly gratified by what I have thus been enabled to see of its condition &
management. In order to ensure greater regularity and system, it has been
placed this year under the control of a Military commandant, Capt Scott of the
71st Regt who has shown much good sense and firmness in carrying out the instructions
he has received from the Govt. The accommodations provided for the
large and sickly emigration of last year, have moreover been found, hitherto
at least, with some partial additions & repairs, amply sufficient for the requirements
of the present season.
3. The Island itself is admirably adapted for the purpose to which it is
applied. It is nearly 3 Miles long, by one broad at the widest part, and is
situated about 30 miles below Quebec in the open Channel of the St. Lawrence.
Its surface is generally rocky and picturesquely wooded, but patches of fertile
arable land occur here and there— The portion which is alloted to healthy
passengers is separated from the rest by a narrow tongue of land on which a
guard house and Sentry are established. A Second guard house and Sentry are
placed in the Verge of the Hospital Ground at the distance of about a mile from
the former the interval between the two being appropriated to the Military &
certain Officers of the Establishment. All unauthorized communication between
the occupants of the different divisions of the Quarantine Station is thus cut
off, for no one can pass- from one to the other without an order from the Commandant.
4. The Establishment for healthy passengers contains accommodation for
about 2000 but I found very few there at the period of my visit — the Ships
which had recently arrived having been free from sickness and consequently
permitted to proceed with their freight at once to their destination. The
Hospital Sheds are calculated to admit a still greater number, but the patients
actually there did not I was happy to observe amount to 200 in all, and of these
the larger portion were suffering from continued fever or dysentery — cases of
Ship fever of the virulent typhus type being comparatively rare.
5. With the view of preventing .all unnecessary interruption to trade, permission
has been granted during the course of the present Season, to masters of
Ships placed in Quarantine to proceed on their Voyage after landing their passengers
at Grosse Isle, and depositing in the hands of the Authorities there a sum
of money for their maintenance calculated at the rate of 7 1/2s curey per head
per day for the period of their probable detention. The diseased are at once conveyed
to the Hospitals, and the healthy landed at the healthy station, whence in
case of Sickness they are transferred to the other end of the Island. This
arrangement has been found to work well, and to be conducive alike to the interest
of the ship owner, the Immigrant and the public health.
6. The best proof of the efficacy of the measures taken whether at Grosse
Isle or Elsewhere under the provisions of recent Imperial and Provincial Acts
for preventing the spread of Ship Fever in the Province, is furnished by the sanitary
condition of the Immigrants—at stations in the interior to which they are
conveyed in large numbers—Tried by this test, these measures would appear to
have been eminently successful— Upwards of ten thousand Immigrants have
already passed Montreal, and although a considerable number of sick have been
admitted and treated in the Immigrant Hospital only one case of decided typhus
has declared itself there—the prevalent maladies being continued fever, cold and
dysentery, to which persons arriving in a new Country are at all times subject.
7. Your Lordship will not fail to appreciate the importance of the facts which I have in this statement briefly submitted for your information— They
will tend, I trust, to allay the panic occasioned by last years Immigration, and to induce the Colonial Public to recognize more frankly and fully the advantages
which the Province Derives from the Introduction of labor and Capital from Great Britain & Ireland. They will also I hope enable the Govt to resist inordinate demands on the Provincial Treasury on account of alleged services and expenditure in connexion with Immigration, preferred by persons who remember the liberality with which aid of this description was afforded during
the past calamitous season— 8. I cannot however in this short review of the condition and prospects of
the Immigration of the season, omit to mention one circumstance, which is not only very deplorable in itself, but which is also, I fear, likely to operate to the prejudice of the Immigrants. I am assured by persons well qualified to offer an
opinion on the subject, that the depression now prevailing among the Commercial
and trading classes in the Province, exceeds any thing of the Kind ever
before experienced in Canada. So unfortunate a state of things necessarily reacts upon the Agriculturists who are deprived of the accommodation to which they are accustomed, and consequently disabled from employing the usual amount of labor. I must add that some of the great public works on which large sums have been expended of late years are completed, while others are progressing less briskly than heretofore— Nor is it probable that their place will be supplied by extensive undertakings on the part of individuals or Companies, until credit revives. The Crops on the ground at present are, however, promising, and if providence blesses the province with an abundant harvest, some of the evils which I have indicated above will, it may be hoped, disappear— 9. Meanwhile my council are desirous to render the waste lands of the Crown more readily available for settlement, and are adopting measures with that view. It is proposed to open up roads through the unconceded lands and to make free grants in small lots upon them to actual Settlers on the principles and conditions adopted in the Owen’s Sound Settlement. Each individual thus located on land when not himself an Immigrant, provides for one by creating a gap in the labor market which the latter may fill. The smallness of the grants and the stringent conditions of clearance and occupation insisted on have been found in the experiments hitherto made to furnish an adequate security against their falling into the hands of speculators, a risk which, in the opinion of some, constitutes an insuperable barrier to the success of any system of Settlement which involves
the gratuitous alienation of land—-With respect to objections to such schemes
founded on the assumption that they have a tendency to produce over dispersion
of population, and a consequent disturbance of those social relations which are
indispensable to combination of labor and accumulation of national wealth,
I venture to submit that they hardly apply to a measure so carefully guarded, or
to the peculiar condition of a Community which has the means of supplying from
a source which is practically inexhaustible, any void in the labor market created
by encreased rapidity of settlement.

I have &c.


1 See above p. 214.
2 Copy, G. 461, p. 160.

N° 88

EARL GREY &c &c &c

MONTREAL, 25th Sept 1847.

With the advantage of Sir Henry Huntley’s assistance (who has been Several
days here and shewn the utmost desire to cooperate with me in carrying out
your Lordship’s views), I have endeavoured to obey the instructions in reference
to the Administration of Affairs in Prince Edward Island conveyed in your
despatch N° 86 of the 17th June. Before proceeding however to submit the
results of the best consideration which I have been able to bestow on the delicate
and complicated questions on which Your Lordship has in this communication,
directed me to offer an opinion, it may be proper to observe that in some
respects I am unfavourably circumstanced for forming a judgment on the
important subjects now in controversy in that Colony. It is the more necessary
that I should call your Lordship’s attention to this point because,
I find in your Lordship’s Despatch the following paragraph;  » I have therefore
desired Sir H Huntley to refer to your Lordship for instructions for his
« guidance, as you are in Ml possession of my views upon the general principles
« on which affairs should be conducted in British North America, and can form
« a better judgment than I could do how these principles should be applied to the
« particular circumstances of P. E. Island. »
2. The principles by which the connexion subsisting between the Governor
General and Lieu* Governors of British North America has been hitherto regulated
are laid down in Mr Gladstone’s despatch to Earl Cathcart N° 92 of the
20th June 1846, on the occasion of a reference made to His Lordship by the
Speaker of P. E. Island who complained of the conduct of the Lt Governor—
 » The Governor General of British North America is so designated, not because
 » he governs all the four Provinces at once, but because being Governor of each,
 » he may at his discretion assume the actual administration of the Government
 » of any of them. But in order to do this he must actually repair in person
 » to the Province in which he proposes to act. During his absence from any
 » Province, his authority over it is in abeyance, and devolves entirely on the
 » officer appointed by the Queen to administer the Government in that con-
« tingency. That officer corresponds directly with Her Majesty’s Secretary
 » of State, and with him alone. He is not in strictness bound, nor indeed at  » liberty, to address himself on the affairs of his Government to the Governor  » General, nor to accept instructions from him. » Although by instructions
issued to the several Governors on my appointment, Your Lordship has drawn somewhat closer the Official bonds which unite the Governor General and Lt Governors, our intercourse is still for the most part confined to occasions in
which some interest common to all the Provinces may seem to be involved.
3. It follows, that under ordinary circumstances, the current business transacted in the minor Provinces does not fall under the cognizance of the Governor Genl, and that when he is required to offer an opinion on any special case such as that now submitted to me by Your Lordship’s command, he cannot avail himself of the light which information of this nature would tend to
throw on the state of public opinion in the Colony to which his attention is directed, and on the character, motives & conduct of the individuals who take
a prominent part in the administration of its affairs.
4. This disadvantage is the more sensibly felt, because in the controversies which arise in small communities on constitutional points, it is almost always impossible entirely to separate considerations which are purely personal from those which have a wider scope and application. The case now in question forms, it would appear, no exception to this rule. Sir H. Huntley in abetting the views of the assembly of P.E. Island as set forth in their address to the Throne, seems to be as much influenced by the unfavourable opinion he enter- tains of some of the members of his present Council, as by a deliberate con- viction that the constitutional changes proposed are in themselves desirable. He appears to ascribe the passing of the Address itself in a great measure to feelings of this class, for he repeatedly assured me that he believed the Assembly would be satisfied, for the present at least, if the Council were reconstructed and some of the offices held by Mr Haviland taken from him, although the
consideration of the larger question should be deferred.
5. During his visit here Sir H. Huntley made very strong representations
to me on points of this nature, & advanced in some instances serious charges against members of his Council, the more important of which are now, I under- stand, under Your Lordship’s consideration. He appeared to be sincerely desirous that his allegations should be impartially enquired into, and evinced the utmost readiness to afford me all the information in his power. I felt, however, that, without giving the parties accused an opportunity of exculpating themselves, and referring to documents to which I have no immediate access, I could not attempt to deal with this branch of the subject. This caution and reserve were suggested by the most obvious considerations of equity, but it became the more necessary to observe them when I learnt that party feeling ran so high in P.E. Island that Petitions to the Queen had been sent to England, from one party praying that
the Lt Governor might be continued in Office, and from another soliciting his recall.
6. Apart, however, from these questions affecting personal character upon which, for the reasons which I have assigned, I do not feel myself at present competent to offer an opinion, there would seem to be sufficient grounds for the belief that a modification of the system of Government which now obtains in
P.E. Island might be effected with advantage. It is also, I think, probable that
in the present state of opinion in these colonies it would not be expedient, if such
a change were determined on, to attempt to move in any direction except towards
what is termed  » Responsible Government. »
7. The Government of a Colony which enjoys the privilege of possessing a
popularly elected Representative Body endowed with extensive Legislative
powers, can, as it appears to me, be administered to advantage only on one of
two Systems— The functions of the Executive may, on the one hand, devolve
upon the Governor himself who may be required to exercise them under an
immediate and effective responsibility to the Ministers of the Crown. In this
case, the theoretical anomaly presents itself of the coexistence of two authorities,
one Legislative, and the other Executive, operating within the same sphere, and
mutually irresponsible. The risk of collision, or of the one encroaching on the
domain of the other is in such a situation, undoubtedly considerable. Nevertheless
I am disposed to believe that by tact, forbearance & a thorough appreciation
of his constitutional position, a Governor may do much to obviate such
dangers, and to supply the bonds of mutual dependence between the coordinate
powers which are wanting in theory. In order to this end, he must at all times
manifest a sincere desire to give effect to the ascertained opinions and wishes of
the Legislative Body, turning its impulses, by the exercise of such skill as he
may possess, to the account of good government and social progress. He must
by no means attempt even in pursuit of commendable objects, to stretch his own
authority beyond the limits prescribed by expediency or constitutional propriety.
By strict impartiality and uniform courtesy in his dealings with members
of the Legislature and other persons of influence, he must endeavour to discountenance
the formation of parties, and to give candidates for office the
impression that they must look for success to qualification rather than political
claims. While manifesting on local questions the utmost readiness to receive
information from all who can furnish it without distinction of creed or party,
he must be careful to let it be seen that the final determination rests with
himself, and is the act of his own unbiassed judgment. By steadily pursuing
this Course a Governor so situated will generally succeed nowithstanding the
theoretical defects of the system he is appointed to administer,—in obtaining
a hold on public opinion, and preserving harmony of action between the
Legislature and the Executive.
8. The other system of Colonial Government to which I refer is distinguished
in British North America by the Epithet  » Responsible. » Its introduction presupposes
or involves as a necessary consequence Government by Party Under
it the functions of the Executive are in a great measure transferred from the
Governor himself to Councillors holding office at the pleasure of the Representative
Body. The system rests upon a plausible & intelligible theory, although
its practical working in Colonies has not yet been very widely tested.
9. It is not my intention to attempt to institute a comparison between the
merits of these two systems of Colonial Government. In all probability they
are respectively best suited to different stages in the life of dependent states..
It may be urged in favor of the latter, that it has the two fold advantage of
regulating itself to a great extent, and forming the people among whom it is
established to habits of self Government: And on behalf of the former it may
be said, that it is more likely to keep alive in the Colonies feelings of filial
dependence on the parent state— and also, that it is less exposed, when properly
administered, to those demoralizing influences which are apt to prevail extensively
under Party Government, in communities where such distinctions exist,
not so much for the ‘assertion of great principles, or the defence of important
interest, as for the advantage of persons seeking employment in the public
10. From Sir H. Huntley’s statements, I am led to infer that the system of
Government actually in operation in P. E. Island answers to neither of the above
descriptions. We find indeed in this case, as in one of the preceding, A Governor,
an Assembly and a body of Councillors the Constitutional advisers of the Governor.
But the Councillors hold office under a tenure which is virtually one of
good behavior—being independent of the Assembly in which many of them do
not even sit, and removeable by the Governor as a general rule, only on charges
laid before their Colleagues.
11. In this system of Government the very essential element of responsibility
appears to be almost entirely wanting. The advisers of the Governor are practically
removed from any effective control of this description, and the responsibility
of the Governor himself is much attenuated by the obligation of defering
to their counsels. For it is to be observed that the exercise of patronage and the
ramifications of official and family connexion tend inevitably to invest a body
whose hold on place is so firm with influence even greater than that which
ostensibly attaches to the position they occupy.
12. With the view of carrying out, in so far as the scanty information in my
possession permits, the instructions which your Lordship has conveyed to me,
I have ventured to throw together the foregoing remarks on the present state
of affairs in P. E. Island— I am sensible that they are imperfect, and wanting
in that precision and practical character which a more thorough knowledge of
details would enable me to supply. I am also aware that there are points of
much moment, affecting the civil List, and the continuance in office of the Lt
Governor, on which you may think it advisable to come to a decision before
assenting to any change in the Constitution of the Colony. A Governor whose
term of service is very soon about to expire, would not perhaps be in a favourable
position for dealing with questions of such delicacy and importance. In any
case, however, whether your Lordship shall be pleased to devolve this task on
Sir H. Huntley or on a New Lieut Governor, I shall deem it my duty to hold
myself in readiness to proceed to P. E. Island in the spring should you be of
opinion that my presence on the spot for a limited period will be conducive to the
interests of the public service in that Colony.

I have &c


1 See above p. 251.
2 Copy. G. 132, p. 289.

17 Novr 1848

No. 299

1. THE Commissioners appointed by Her Majesty’s Government to explore
and survey the Line of Country offering the greatest advantages for the formation
of a Railway from Halifax through New Brunswick to Quebec having
completed the duties with which they were charged, I have now the honor to
transmit to your Lordship the final Report of Major Robinson* addressed to the
Inspector General of Fortifications.
2. I have perused this able document with the interest and attention it so
well merits, and I have to convey to you the assurance of Her Majesty’s Government
that we fully appreciate the importance of the proposed undertaking,
and entertain no doubt of the great .advantages which would result, not only to
the Provinces interested in the work, but to the Empire at large, from the
construction of such a Railway; but great as these advantages would be, it is
imposible not to be sensible that the obstacles to be overcome in providing for
so large an expenditure as would be thus incurred, would be of a very formidable
kind. Before therefore Her Majesty’s Government proceed to consider the
question as to whether any Steps should be taken to carry this plan into effect,
it is necessary that we should be informed how the Several Provinces would be
prepared to co-operate in its execution.
3. It is obvious that the cost of the work would be too great, as compared
to the return to be anticipated from the probable Traffic to give reasonable hope
of its being undertaken by any company as a private speculation. The question
therefore arises whether it would be expedient that in some form public
assistance should be given towards the accomplishment of an object in which
the Public is so much interested.
4. The answer to this question must in a great measure depend upon the
degree of importance which the Provinces attach to the opening of this line of
communication, and upon the amount of exertion they would be prepared to
make for the purpose. I am therefore anxious that the subject should be brought
under the early consideration of the respective Legislatures, and that I should
be placed in possession of their views with respect to it as soon as may be practicable.
5. In forming a judgment as to whether Public assistance ought to be given
towards the execution of the work, it will be necessary to take into consideration
the different ways in which this might be done. Various modes of proceeding
have been proposed— one is that of endeavouring to form a Company by guaranteeing
to them a certain minimum interest on the capital to be invested in the
undertaking. This plan would no doubt possess some advantages, but on the
other hand it would be attended with the disadvantage of depriving the Public
of the proper control over a great national work, and also of having a tendency
to encourage inattention to economy both in the construction and subsequent
working of the Line. This last objection has been met by proposing that any
Company formed to construct the Line should receive assistance not in the form
of a guarantee of any given rate of interest, but of a fixed payment, either of
Capital towards the execution of the work or of an annual Sum of money in
addition to the receipts derived from traffic when the Line is completed—.
6. another plan which has been suggested is that the required capital should
be raised by loan by the Government, and contracts entered into for the formation
of the Line which, when finished, could be worked either by the Government
or by any Company formed for that purpose, and to which Company the working
of the Line might be leased, under such conditions and for such a period as
might be deemed advisable. The objections to this proposal are those usually
raised against the undertaking of Such a work by a Government, while on the
other hand it would be attended with these advantages—first that probably the
capital required would then be raised on better terms than could otherwise be
expected, and Secondly that the Government would have a more complete control
over a great national Line of communication.
7. I am not able at present to pronounce any opinion in favor of one or
other of these plans, or even in favor of the measures being attempted at all,
but I merely throw out these different suggestions for the consideration of your
Lordship and of the Executive Council and Legislature of Canada.
8. It will further be very material to consider what return is to be expected
for the outlay and from what source the means of affording any pecuniary
assistance to be given by the respective Provinces can best be provided. Upon
this part of the subject I have to remark that in estimating the probable return
which the railway would yield, it appears to me highly necessary to advert not
only to the direct return from the Traffic, but to the indirect return from the
increased value given to the Lands through which it will pass. That the opening
of the line would in the Districts it traversed greatly enhance the value of the
lands which are still lying waste, and also, though in an inferior degree, the
value of those already settled, there can be no reasonable doubt, though I do
not possess the means of judging whether the amount of that increased value
has been correctly estimated by Major Robinson in his Report. Hence it seems
to follow that this increased value ought to be made available towards the
execution of the work, and I would suggest for the consideration of the colonial
authorities, whether it might not be advisable that acts should be passed, vesting
in the hands of the Commissioners to be appointed for that purpose all the
hitherto ungranted Lands lying within a certain distance of the Line in order
that these lands might be sold or otherwise appropriated for the promotion of
the undertaking.
9. It might also I think be very reasonably enacted that Lands lying within
a given distance of the Line should be subjected, on its being completed and
opened, to some moderate charge in the nature of a rate, in consideration of the
benefit the Proprietors receive from it. The practice is general, both in this
country and in America, of rating for the highways the property which is
benefited by them, and I can see no reason why this rule should not be extended
to Railways. Should this suggestion be adopted, it would I think be expedient
to give the owners of lands, subjected to this charge, the option of redeeming it
upon easy terms, and of paying in land where they might have a difficulty in
doing so in money. I understand from Major Robinson that the owners of land
in one portion of Nova Scotia, have already offered to contribute liberally to
this object.
10. In addition to the value which the different Legislatures would be prepared
to contribute in Land, or by the imposition of a local charge upon lands
benefited by the Line, it would be necessary also for them to consider respectively
what amount they would be willing to grant from the General Revenue of the
provinces towards the payment either of the interest of a loan to be raised for
the execution of the work, or towards the sum which might be required to make
good the engagements entered into with any Company that might undertake it.
11. The whole subject is one of the very highest importance on which I shall
be anxious to learn the conclusions to which the Colonial authorities may come
after mature consideration, and after such communication with each other as
may be necessary.

I have &c,
(Signed) GREY.

The Right Honble
&c. &c. &c.

Enclosure in No. 1.1

1 « Papers Relative to the Quebec and Halifax Railway, and Public Works in Canada »
(Parliamentary Papers, [1031]1849, vol. XXXV).

REPORT on the Proposed Trunk Line of Railway from an Eastern Port in Nova
Scotia through New Brunswick, to Quebec.

HALIFAX, NOVA SCOTIA, August 31, 1848.

THREE principal lines or routes for a trunk line of railway present themselves
for consideration; and by combining portions of two of these lines together, a
fourth and fifth route may be formed.

1st. Commencing at Halifax and crossing the province of Nova Scotia to
a port in the Bay of Fundy, from thence by a steamer to St. John, in New
Brunswick, and then by Fredericton along the St. John River to the Grand Falls.

From the Grand Falls by the best practicable route across to the mouth of
the Riviere du Loup, on the St. Lawrence, and by the right bank of the St. Lawrence
to Quebec.

The distance by this route would be as follows:—

Halifax to Windsor 45
Windsor to Annapolis 85
Annapolis to entrance Bay of Fundy 11
Across Bay of Fundy to St. John (by sea) 45
St. John to Frederieton 65
Frederieton to Woodstock 62
Woodstock to the Grand Falls 71
The Grand Falls to the mouth of the Riviere de Loup 106
Riviere du Loup to Quebec 110
Total distance Halifax by the St. John River to Quebec 600
This line may be termed a mixed route, by railway and steam-boat.
2nd. Commencing at Halifax and running to Truro at the head of the Bay
of Fundy, thence over the Cumberland Mountains to Amherst, then along the
coast from Bay Verte to Shediac, thence by a north-westerly course, crossing
the rivers Richibucto and Miramichi above the flow of the tide, so as not to
interfere with the navigation.
Then by the valley of the north-western Miramichi to Bathurst, on the
Bay Chaleurs, along the coast of this bay to the Restigouche river, and by it
and the valley of the river Metapedia to the St. Lawrence, and by the right
bank of the St. Lawrence to Quebec.
The distance by this route would be as follows:—
Halifax to Truro 55
Truro to Amherst and Bay Verte 69
Bay Verte to Shediac 26
Shediac to Miramichi River 74
Miramichi River to Bathurst 56
Bathurst to the Bel River, near Dalhousie 48
Dalhousie to the mouth of the Metapedia River 30
Metapedia River to the mouth of the Naget River, near the St. Lawrence. 86
Along the St. Lawrence from this point to Quebec 191
Total distance by this route 635

This, for the sake of reference, may be called the Halifax and eastern or
Bay Chaleurs route, through New Brunswick to Quebec.
3rd. Commencing at the harbour of Whitehaven, near Canso, at the northeastern
extremity of Nova Scotia, thence along the Atlantic coast to Country
Harbour and valley of the river St. Mary, thence by or near to Pictou and along
the northern shore to Bay Verte.
From Bay Verte to or near to the bend of Petitcodiac, thence across to
Boistown, and northerly to the Restigouche River, crossing it several miles to
the east of the Grand Falls.
From thence by the most direct and practical course to the Trois Pistoles
River, and along the right bank of the St. Lawrence to Quebec.
The distance by this route would be nearly as follows:—

Whitehaven to Country Harbour 40
Country Harbour to St. Mary’s Valley and Pictou 64
Pictou and along the coast to Bay Verte 77
Bay Verte to Bend of Petitcodiac 40
Petitcodiac to Boistown 80
Boistown to the crossing of the Restigouche River 115
Restigouche River to Trois Pistoles, by the Kedgwiek and Rimouski Vallies. 105
Along the St. Lawrence to Quebec 131
Total distance from Whitehaven by Boistown to Quebec 652

This may be termed the direct route.

4th. Combining the Halifax route through Nova Scotia, and the direct
route through the centre of New Brunswick.
The distances will be probably as under:—

From Halifax by Truro and Amherst to Bay Verte, as per Route No. 2. 124
Bay Verte to the Bend of Petitcodiac, Boistown, Restigouche River,
as per route No. 3 235
By the Kedgwiek and Rimouski, to the mouth of the Toreadi 75
Mouth of the Toreadi to the crossing of the Trois Pistoles River.. 30
Along the St. Lawrence River to Quebec .. .. .. .. 131
Total distance from Halifax to Quebec by this route 595

5th. Combining the Whitehaven route through Nova Scotia, with the
Eastern or Bay Chaleurs route through New Brunswick to Quebec, the distances
will be as under:—
From Whitehaven by Pictou and the North Coast to Bay Verte, as in
route No. 3 181
From Bay Verte to the Bay Chaleurs, and mouth of the Metapedia,
as in route No. 2 234
Mouth of the Metapedia River to the mouth of the Naget .. .. 86
Along the St. Lawrence to Quebec 191
Total distance from Whitehaven to Quebec by this route 692

Thus the distances will be as under:—
1st. By the mixed route, Halifax to Annapolis, by the St. John to Quebec,
the distance will be 600
2nd. By the Halifax land Eastern, or Bay Chaleurs route, to Quebec .. .. 635
3rd. By the direct route, Whitehaven, Boistown, and Quebec 652
4th. By the Halifax, Truro, Amherst, and Boistown, to Quebec 595
5th. By the Whitehaven, Bay Verte, and Bay Chaleurs, to Quebec 692

The first line fails in the most essential object contemplated by the proposed
railway, viz., a free and uninterrupted communication at all times and seasons
of the year from the port of arrival on the Atlantic terminus in Nova Scotia to
The intervention of the Bay of Fundy is fatal to this route.
In summer the transshipment of passengers and goods to and fro would be
attended with the greatest inconvenience, loss of time and additional expense;
whilst in winter it would be even still more inconvenient, and liable to be interrupted
by storms and the floating masses of ice which then occur in the bay.
In the case of the conveyance of troops, transport of artillery and munitions
of war, the crossing the bay would at any time be most objectionable; and if
suddenly required in critical times, might be attended with the worst consequences.
Commercially, too, it would destroy the fair prospect of the proposed line
from Quebec to Halifax, competing successfully with the route by the Gulf of
the St. Lawrence, and with rival lines in the neighbouring States.
But there are also other serious objections to be offered against it.
Passing through New Brunswick, and on the right bank of the St. John
River, as it must necessarily do, to the Grand Palls, it would for a considerable
distance, both before and after the reaching that point, run along and close to the
frontier of the United States.
In case of war, therefore, or in times of internal commotion, when border
quarrels or border sympathies are excited, this line, when most needed, would be
the most sure to fail, for no measures could be taken which would at all times
effectually guard it from an open enemy, and from treacherous attacks.
The passage across the Bay of Fundy so close to the shores of Maine, would
invite aggression, and require a large naval force for its protection.
The engineering difficulties as the line approaches the Grand Falls from
Woodstock would not be easily overcome.
The space between the St. John River and the boundary line becomes
gradually contracted to a width of not more than two to three miles, and the
country is broken and rough, whilst the banks of the St. John are rocky and
precipitous for many miles below the Falls.
From the Grand Falls to the St. Lawrence, a distance of more than a hundred
miles, the country is so far known as to make it certain that there is very difficult
and unfavourable ground to be encountered, which would require careful explorations
and extensive surveying.
This intervention of the Bay of Fundy, therefore, and the proximity of this
line for a considerable distance, to the frontier of the United States, was so
objectionable and fatal to this route, that the attention of the officers and the
exploring parties was, after a slight examination of the country between Halifax
and Annapolis, directed in search of other and more favourable lines.
To understand the comparative advantages possessed by the other routes as
well as to be able to weigh the objections which may be raised against each, and
afterwards determine from their relative merits, which is the best direction for
the proposed line to take, it will be necessary, previously, to give some description
of the country through which the lines pass, the present amount and
distribution of the population, and the engineering difficulties which were met
with along the lines examined.
As it will be seen in the end, that only one of the lines, viz., the second, has
been explored and carried out successfully from its terminus on the Atlantic quite
through to Quebec, it may be perhaps considered superfluous to enter upon the
discussion of rival lines, but the object to be gained by so doing, is to show that
so much has been done and is known of the country as to render further explorations
for new lines unnecessary, because, if completed, they would not be
likely to be recommended in preference to the one which will be proposed for
The distance from the Atlantic coast of Nova Scotia to the bank of the St.
Lawrence is about 360 miles in a straight line. Intersecting the country which
must be traversed by any line of railway, and crossing its course at right angles,
are five great obstacles which have to be either surmounted or avoided.
The first is a broad range or belt of high and broken land which runs along
the Atlantic shores of Nova Scotia, from Cape Oanso to Cape Sable. The
breadth varies from about 20 miles in its narrowest part up to 50 or 60 miles in
other places. Its average height may be about 500 feet. The strata of which
it is composed consist of granite, slate, and a variety of rocks, hard and difficult
to cut through. The characteristic features of the surface are rugged and
uneven, and therefore very unfavourable for railway operations. No useful
minerals of the metallic kind have been found in it, in quantities sufficient to work
to advantage.
Valuable quarries of stone for building purposes are abundant, but these
will be found everywhere nearly along the proposed line.
This formation is established to cover nearly two-thirds of the surface of
Nova Scotia. It is, generally speaking, unfavourable for agriculture; the timber
on it is stinted in growth, and it is an object of some importance to pass through
it, and leave it behind as soon as possible.
If a line be drawn from the head of the estuary of the Avon, near Windsor,
to the Great Shubenacadie Lake, and then across the Stewiacke River, along the
upper parts of the streams in the county of Pictou, to the Gut of Canso, all the
portion lying to the south of this line belongs to this formation, and all to the
north of it to the more favorable and highly valuable formation of the carboj
niferous system.
The narrowest and shortest line by which this range or belt can be crossed
occurs at Halifax, and at the same time, owing to a favourable break in the
chain, at the lowest point in altitude; the summit level through it not exceeding
90 feet.
The Halifax line (route No. 2) is clear of it in 20 miles. Before the same can
be done by the Whitehaven and direct line (route No. 3), it must follow the coast
for upwards of 30 miles, as far as Country Harbour, and then a further course
across it of another 30 miles; involving in this distance two, if not three tunnels,
and must surmount a summit level of 400 feet.
2. The second great obstacle is the Bay of Fundy. This, as stated, is fatal
to the first route. By the other routes it can be turned and avoided.
3. The third obstacle is the range of Cobequid Hills. These extend all along
the north shore of the Bay of Minas, and very nearly across but not quite to the
shore at the Straits of Northumberland. In breadth, the range preserves nearly
an uniform width of about 10 miles. In altitude, the hills average from 800 to
1,000 feet. The lowest point, after a careful survey, was found to be at the
Folly Lake, 600 feet above the sea. This range can be avoided and passed by
the Whitehaven and direct route, but must be surmounted and crossed over by
the Halifax and Eastern line (route No. 2).
The prevailing rocks are granite, porphyry, and clay slate, in the upper
portions; along the shore of the Bay of Minas and on the northern side, the
formation is of the red sandstone and the coal measures.
This range abounds with the most valuable minerals, of which a large mass
of specular iron ore, of unequalled richness, occurs close to the line, and only
requires facility of carriage for bringing coals to the spot, to be worked with
A large portion of this tract still remains ungranted, and timber of excellent
growth, with abundance of the finest stone for building purposes, are to be met
with, and still belonging to the Crown, can be had for the expense of labour only.
4. The fourth obstacle is the broad and extensive range of the highlands
which occupies nearly the whole space in the centre of New Brunswick from the
Miramichi River north to the Restigouche. Some of these mountains rise to an
altitude exceeding 2,000 feet.
The Tobique River runs through them, forming a deep valley or trough,
which must be crossed by the direct line, and increases greatly the difficulty of
passing by them.
The lowest point of the ridge, overlooking the Tobique River, at which any
line of railway must pass, is 1216 feet above the sea. Then follows a descent
to the river of 796 feet in 18 miles, and the summit level on the opposite ridge
or crest between the Tobique and Restigouche waters, is 920 feet above the sea,
or a rise of 500 feet above the point of crossing at the Tobique water. These
great summit levels which must be surmounted, form a serious objection to this
The Eastern line, by the coast, avoids this chain altogether. The greatest
summit level along it will mot be above 368 feet, while the distance by each from
the province line at Bay Verte, to the Restigouche River (the northern limit of
New Brunswick) will be as nearly as possible the same, there being only a
difference of one mile in these two routes through this province.
The rocks composing this chain of mountains are granite, various kinds of
slates, grauwacke, limestone, sandstone, &c.
5. The fifth and last obstacle to be overcome, and which cannot be avoided
by any of the routes, is the mountain range running along the whole course
of the river St. Lawrence, in a very irregular line, but at an average distance
from it of about 20 miles. It occupies, with its spurs and branches, a large
portion of the space between the St. Lawrence and the Restigouche River. The
rocks and strata composing the range are of the same character and kind as
the Tobique range. The tops of the mountains are as elevated in the one range
as in the other.
The exploring parties failed in finding a line through this range to join on
to the direct line through New Brunswick, but succeeded in carrying on the
Eastern or Bay Chaleurs route, owing to the fortunate intervention of the
valley of the Metapediac River.
The line which tried and failed was across from the Trois Pistoles River,
by the heads of Green River, and down the Pseudy, or some of the streams
in that part, running into the Restigouche River.
A favourable line from the Trois Pistoles was ascertained along the Eagle
Lake and Torcadi River, as far as the Rimouski, and it is probable that by
ascending this river, and descending the Kedgwick River, this line (route No.
4) could be completed.
But it is most improbable that it could compete in favourable grades with
the Metapedia.
It will be allowing it sufficient latitude to suppose it will be equal in
engineering merits, and that if accomplished it will give the route No. 4 an
apparent advantage of 40 miles in distance.
A very striking characteristic in the geological formation of North America,
and which has been noticed in the writings of persons who have described the
country, is the tendency of the rock strata to run in parallel ridges in courses
north-easterly and south-westerly.
On referring to the General Map No. 1, and confining the attention more
particularly to that portion of country east and north of the St. John River,
through which any line must pass, this general tendency cannot fail to be
The river St. Lawrence, the main Restigouche River and intermediate
chain of mountains, the Tobique River and mountains, and all the streams in
New Brunswick (the main trunk of St. John, and a branch of the Miramichi
The Cobequid Range, the Bay of Fundy, and the high and rocky range
along the Atlantic shore have all this north-east and south-western tendency.
It will be evident, therefore, that any line from the coast of Nova Scotia
to the St. Lawrence has a general direction to follow, which is the most unfavour-
able that could have occurred for it, having to cross all these mountain ranges,
streams, and valleys at right angles nearly to their courses.
The lines explored for the direct route through New Brunswick were obliged,
on this account, to keep the elevated ground crossing the upper parts of the
By so doing a line was found to the Restigouche, which may be considered
just within the limits of practicability, but having very unfavourable summit
levels to surmount.
And the peculiar formation of the strata and general course of the valleys
and streams renders it most improbable that any further explorations to improve
this direct line through New Brunswick would be attended with much
Very fortunately for the Eastern line, one of the branches of the northwestern
Miramichi presented itself as an exception to the general tendency, and
enabled that line to reach the coast of the Bay Chaleurs.
The distance across in a direct line from the coast of Nova Scotia to the
St. Lawrence has been stated at about 360 miles, forming the difficult and
unfavourable portion of the line. When the St. Lawrence mountains are passed,
then the tendency of the strata and courses north-easterly and south-westerly
becomes as favourable for the remaining 200 miles along that river as it was
before adverse.
The general character of the ground between the St. Lawrence River and
the mountains, is that of irregular terraces or broad valleys rising one above
another by steep short banks, having the appearance as if the river had at
some former periods higher levels for its waters.
The streams run along these valleys parallel with the course of the St.
Lawrence until, meeting some obstruction, they turn suddenly off and find
their way over precipices and falls to the main river.
Having described such of the physical features of the country which form
obstacles in the way of the lines under consideration, it is proper next to describe
those features and other resources which are advantages, and should be sought
for by competing lines.
The geological systems which prevail through the intermediate country
to the mountain ranges are the carboniferous and new red sandstone.
They include large deposits of red marl, limestone, gypsum, freestone of
excellent quality for building purposes, and extensive beds of coal. Indications
of the latter are met with in abundance from the banks of Gay’s River (20
miles from Halifax) up to the Restigouche River, and along the shores of the
Bay Chaleurs.
Wherever these systems and minerals are found a strong and productive
soil, favourable for agricultural pursuits and settlement, is sure to accompany
The surface of such a country, too, is generally low or moderately undulating,
and therefore the more of such a district that a line can be led through the
better for it.
In Nova Scotia, this formation occupies its northern section, and amounts
to nearly one-third of its whole area. It then extends all over the southern
and eastern parts of New Brunswick.
In this respect, therefore, the route No. 2 has a decided advantage.
The greatest and most valuable coal-field is that of Pictou.
It is situated on the south side of that harbour. The exact extent of the
bed is not known, as it is broken by a great (geological) fault. It occupies,
however, an area of many square miles.
The coal is bituminous, of good quality, and the veins of most unusual
Mines in it are extensively worked, and large exports from them are made
to the United States. Iron ore is abundant.
This is an advantage in favour of the Whitehaven and direct route.
The next great coal district is the Cumberland field, and it is second only
in importance to that of Pictou.
It is supposed to extend from the Macon River, west of Amherst, over to
Tatmagouche, in the Straits of Northumberland.
Some mines in it have been recently opened, and promise to be very
The line No. 2 passes over this field for miles, and may be considered,
from that circumstance, as not being deprived altogether of an advantage
possessed by the other route.
The great agricultural capabilities of the eastern counties of New Brunswick
have been described in the reports of Mr. Perley, the Government Emigration
Agent, which were presented to the New Brunswick Legislature in February,
1847, and ordered to be printed.
One most important object to be attained by the construction of the railroad
is the settlement of the public lands, and the encouragement of emigration
from the mother-country.
As bearing very strongly upon this point, in the choice of the best direction
for the line, I subjoin the following extract taken from Bouchette’s Work on
Canada, vol. i., page 331. It is a quotation made by him from « The Commissioners’
Report of 1821. »
« The Bay of Gaspé, and particularly the Bay des Chaleurs, are susceptible
of the most improved agriculture. For the establishment of emigrants no part
in Canada offers such immediate resources of livelihood as may be derived
from the fisheries. It is a fact worthy of notice, that in the year 1816, when
the lower parts of the province were afflicted with a famine from the destruction
of the harvest by frost, no such inconvenience was experienced at Paspebiac,
nor at any other place within the level tract above mentioned. »
The tract alluded to here is not clearly defined by the quotation, but it,
is supposed to mean the whole district along the south shore of the Bay Chaleurs.
This tends to show the effect produced by the vicinity of the sea, in moderating
the temperature and saving the crops from untimely frosts. In this
respect, therefore, the line No. 2 has an important advantage over the one
through the central and more elevated land of New Brunswick.
As the interior is approached, and the distance from, as well as the elevation
above, the sea increases, the danger to crops from cold nights and early frosts
also increases.
In the Madawaska Settlement, and on the Upper St. John River, great
failures of crops have occurred from this cause, and wheat and potatoes are
very liable to be destroyed.
From the Bend of Petitcodiac to the St. Lawrence, a distance of upwards
of 300 miles, the direct line would pass through a perfect wilderness, with not
a single settler on the whole line, except a few at or near to Boistown.
Leaving engineering difficulties for the moment out of the question, the
cost of construction would be materially increased by the extra difficulties
attendant on the transport of necessary materials, and in supplying with food
the labourers and others engaged on the line.
The disadvantage is not shared by the second route, which can be approached
in numerous places along the Gulf shore by means of bays and navigable
The direct line No. 4 will not have such advantages to present to settlers
as the second. On the contrary, if adopted, it might be found necessary to
incur expenses, for the establishment of small communities along the line, to
repair and keep it open.
The facilities for external as well as internal communication, and other
advantages arising from commerce and the fisheries, which will be developed
by the Eastern line (and entirely wanting along the direct route), will, it is
fully expected, make its vicinity eagerly sought for by settlers, and that it will,
in the course of no very great length of time, lead to the extension of that long-
continued village which now exists with but little exception from Quebec to
Metis (200 miles), from the shores of the St. Lawrence to the Atlantic Ocean.
An important item bearing upon the consideration of the best route is the
present distribution of the population in New Brunswick and Nova Scotia.
In illustration of this part of the subject, and to afford a better idea of
the nature of the country than can be given by a merely outline plan, a model
map (No. 3) has been prepared, showing the whole course of the lines (routes
Nos. 2 and 4) from Halifax to the St. Lawrence, and by the latter over the
Trois Pistoles River, beyond which the line is continued through a level fertile
and densely-peopled district to Quebec.
The red line shows the proposed route No. 2: the Halifax and Eastern or
Bay Chaleurs line.
The black line shows the direct route, No. 4, from the Bend of Petitcodiac.
The yellow tint shows the present settlements.
The green is the wilderness of uncleared forest, unsettled, and the far larger
portion of it still ungranted and waiting for occupation.
It must be premised that a branch railway from the city of St. John is contemplated
to pass up the Valley of the Kennebeeasis, and connect with the main
trunk at the Bay of Shediac.
The survey of this line, ordered by the Provincial Government, is in
progress; and from the latest information received, the line promises most
The total population of New Brunswick has been estimated to amount, at
the beginning of 1848, to 208,012, distributed in the proportions as under:—
County of Kestigouche 4,214
Gloucester 10,334
 » Northumberland 19,493
 » Kent 9,769
 » Westmoreland and Albert 23,581
 » Kings 19,285
 » St. John 43,942
 » Queens 10,976
 » Sunbury 5,680
 » York 18,660
Carleton 17,841
 » Charlotte 24,237
Total 208,012

Of these, the first four, amounting to 43,810, are on the line of the proposed
route No. 2, and will be entirely thrown out by the adoption of the other.
Campbellton, Dalhousie, Bathurst, Chatham on the Miramichi, and Richibucto—
sea-ports and shipping places of consequence on the Gulf shore, all of
them susceptible of the greatest development, will be left isolated and cut off.
These ports are ice-bound during the winter months; and railway communications
will be to them of the greatest importance.
It will affect most materially the interests of the city of St. John, and the
receipts upon their branch railway.
It will affect also most sensibly the receipts of the main trunk line.
Along the south bank of the St. Lawrence, from Quebec to Metis, there are
settled along it, in what can be only compared to one continued village for 200
miles, 75,000 inhabitants.
Of these also a large population, probably 12,000 in number, residing
between the Rimouski and Metis River, will be deprived of the benefit of the
railway if the direct line be adopted.
To counterbalance the serious detriment which would thus be caused, this
line would diminish the length of the branch line likely to be made to connect
it with Fredericton, which is the seat of Government, and contains about 6000
The population of Nova Scotia may be estimated to be about, viz.:—

City of Halifax and County 40,000
County of Cumberland 10,600
 » Colchester 14,900
 » Pictou 30,300
 » Sydney and Guysborougli 23,200
Eemaining Counties 111,260
Total 230,200

The population of Cape Breton is estimated at 49,600.
Of the above, if the Whitehaven and direct route be adopted, the city of
Halifax and county, amounting to 40,000, will be excluded from the benefit of
the line.
If the Halifax and Eastern line (route No. 2) be adopted, then the population
of Sydney and Pictou, amounting to 53,500, will be excluded.
To the population in the southern or remaining counties (111,200), the
Halifax route will be of essential benefit.
From the other route they would derive no advantage whatever.

It is now proposed to give an account of the explorations and their results.
The dotted lines on the General Plan, No. 1, show where these were made,
and the courses taken.
In the season of 1846, the Cumberland Hills were very carefully examined;
sections with the theodolite were made, and barometrical observations taken, to
ascertain the lowest and most favourable point for crossing them.
The line which had been cut out and explored for the military road was
followed from the Bend of Petitcodiac to Boistown.
From Boistown the general course was followed, and levelled as far as the
Tobique River, but the country was so unfavourable that new courses had to
be constantly sought out.
A new line altogether was tried from the Tobique, as far as the Wagan
The results deduced from the observations and sections proved this line to
be quite impracticable for a railway.
Whilst the line was being tried, other parties explored from Newcastle on
the Miramichi River, over to Crystal Brook on the Nipisiguit, the valleys of
the Upsalquitch and its tributaries, and as far as the Restigouche River.
The country at the upper waters of the Nipisiguit, and the whole of the
Upsalquitch valleys, were found to be rough, broken, and totally impracticable.
The result of this season’s labours went to show, that the best, if not the
only, route that would be likely to be practicable, would be by the North-west
Miramichi to Bathurst, and then along the Bay Chaleurs.
During the winter, a small reconnoitring party (on snow shoes) was sent up
the Metapediac Valley, as far as Metallis Brook, and they made their way
across the country, from thence to the mouth of the Torcadi River on the
Their report on this line was rather favourable, and had there been any
necessity for it, it would have been more fully explored the next season (1847).
As soon as this was sufficiently advanced to admit of the parties entering
the woods, the explorations were resumed.
A grade line was carried over the Cumberland Hills. It was cut out through
the woods, from the foot on one side to the foot of the slope on the other, a distance
of 10 miles, and carefully levelled with a theodolite. This proved it to be
quite practicable.
The exploration of the Eastern line was again taken up.
It was commenced at the head of the tide, on the south-west of Miramichi,
and was carried up the valley of the north-west Miramichi over to and down
the Upsalquitch River to Bathurst, and along the shores of the Bay Chaleurs to
the Restigouche, up the Metapediac to the Metis, and along the bank of the
St. Lawrence to the Rimouski and Trois Pistoles River.
The result of this exploration was so satisfactory that the party engaged
upon it returned by the same route, surveyed it, and took the levels along it
back to the Miramichi River.
An exploratory line was then cut through the greater portion of the flat and
generally level country between this river and the province line at Bay Verte.
An examination of the country was made from the Trois Pistoles River
along the St. Lawrence to Quebec, which, with what had been done in Nova
Scotia, during this and the former season, completed the whole of one good and
favourable line from Halifax to Quebec.
The details are given in the accompanying Report, Appendix, No. 1; General
Plan, No. 1; Model Map, No. 2; and Book, containing exploratory sheets,
No. 16, containing plans and sections of the whole route, and comprises the line
recommended to be adopted.
Unwilling to abandon the direct route through the centre of New Brunswick,
by which, if a line could be successfully carried out, the distance would
be so materially shortened, as is aparent by the mileage given in route No. 4,
it was determined to use every effort to decide either the practicability or
impracticability of such a line. To this end large parties were employed the
whole season.
One party explored, cut, and levelled a line the whole way between the
Napadagan Lake and the Restigouche River, a distance of 96 miles.
The line explored was a very great improvement upon the one of 1846.
It is considered to be so far satisfactory as to prove that a line for that
distance can be found which would be within the limits of railway gradients.
The details are given in the Assistant-Surveyor’s Report, Appendix No. 2,
with three exploratory sheets, Nos. 17, 18, 19, containing plans and sections of
the ground passed over.
A large party was engaged in trying to find a line from Trois Pistoles River
on the St. Lawrence, through the Highlands to the Restigouche River, for the
purpose of connecting on to the New Brunswick party. The winter overtook
them whilst still embarrassed in the Highlands at the head waters of the Green
The dotted lines on the General Plan, No. 1, will show their attempts.
A line was tried up the valley of the Abersquash, but it ended in a cul-de-sac.
There was no way out of it.
A second line was carried from Trois Pistoles over to Lac-des-Isles, Eagle
Lake; and by the middle branch of the Tuladi River, the north-west branch and
head waters of the Green River were gained.
But this point was not reached, except by a narrow valley or ravine of four
miles in length.
A theodolite section was made of it, and it was found to involve a grade of
at least one in forty-nine, and to attain that, heavy cuttings at one part, and
embankments at another, would be necessary.
There is no occasion at present to enter upon the discussion of whether this
should condemn a whole line for having attained the Forks; at the head of the
main Green River no way was found out of it, and this explored line, like the
first-mentioned, must be considered to have ended in a cul-de-sac also.
Further details are given in the report of Mr. Wilkinson, the surveyor
entrusted with the more immediate charge of this part of the line, in Appendix,
No. 3, with sketches attached to it.
It is just probable that a line might be found by way of the Kedgwick
River and the Rimouski, as far as the mouth of the Torcadi River. From
which, to the Trois Pistoles, there was ascertained to be no difficulty.
But as the advantages in every way, except distance, are so much in favour
of the Eastern line, it would only be incurring delay, and perhaps useless
expense, in further explorations of this part of the country.
In the Report (Appendix, No. 3) there is a third route suggested for
examination and trial, viz., by one of the lower branches of the Green River
and the Squattock Lakes.
Whether successful or not it is liable to the objection of approaching the
frontier of the United States.
There remains to be noticed the exploration for a line of railway from
Whitehaven, on the eastern coast of Nova Scotia, towards Pictou and Bay
This was rendered necessary in consequence of the suggestion made by
Captain Owen, R.N., to make Whitehaven the Atlantic terminus of the railway.
The details of this exploration are given in the accompanying Report,
Appendix No. 4, and exploratory sheets, Nos. 20, 21, 22, and 24.
Engineering difficulties and expensive cuttings occur on this route.
From the commencement in the harbour of Whitehaven, the line must pass
along a barren and rocky coast for upwards of 30 miles to Country Harbour,
before it can turn off towards the interior. And it cannot do this and get clear
of the sea-shore without the necessity of making a tunnel of about a mile in
length through a ridge of whinstone.
Again, at the falls of the St. Mary River there will be required a tunnel of
a quarter of a mile, and a viaduct across a valley of about 500 feet in length.
The summit level occurs between Lake Eden and Beaver Lake, and is 400
feet above the sea.
At Grant’s Bridge, on the East River, for nearly three miles in length,
there would necessarily be several expensive cuttings through rocks of sandstone
and limestone.
The length of this line from Whitehaven to Bay Verte is estimated at 181
miles. From Halifax to the same point is 124; leaving a difference of 57 miles.
If the direct route No. 3 could be established, it would add 17 miles to
the trunk line.
But as it is not to be supposed that Halifax, the capital and great commercial
city of the province, would in such a case allow itself to be excluded
from the benefits of the proposed railway, then it would involve, in addition to
this 17 miles of trunk railway, a branch line of probably 90 miles.
Or if the Eastern Bay Chaleurs line through New Brunswick be added on
to it, as in route No. 5, then it will involve no less than 57 miles extra of trunk
line, and the same necessity for the branch line of 90 miles mentioned.
To compensate for such disadvantages, it must be shown that Whitehaven
has the most paramount claims to be selected as the Atlantic terminus, in
preference to Halifax.
The harbour of Whitehaven is 120 miles nearer to England by sea than
Halifax; equivalent to, in ocean navigation by the steamers, 10 hours.
This, it is readily conceded, is a very great advantage; and were there no
drawbacks or other considerations in the way, it would be quite sufficient to give
that port the preference.
It is a well-known fact, however, that there is a time and season in the
year when the Cunard steamers cannot keep their direct course to Halifax even,
but are compelled by fields of ice to keep to the southward, and sometimes
pass to the south of Sable Island.
During this time, which occurs in the spring of the year, and may last for
two or three months, there would be some risk in their making direct for the
more northern port of Whitehaven. And if for these three months the steamers
were obliged to make Halifax their port, then for that time the Whitehaven
line would be useless.
In respect to the advantages which it is said to possess, of remaining open
all the year round, it is not quite clear that it does so.
From inquiries made on the spot in the summer of 1847, Captain Henderson
learned that the preceding winter the harbour had been frozen over entirely,
five to six inches thick,* and that it was sometimes blockaded up and much
incommoded by ice.

*Vide Appendix No. 5.

Subsequently, however, and during this winter, when the objects of the
inquiries made there in the summer became known, and the advantage of the
railway spoken of, a statement accompanied with affidavits was forwarded,
with a view to counteract the effect of the information given to Captain Henderson
and the parties exploring there.
They are given in the Appendix No. 5 to this Report.
They tend to show that though the immediate entrance to the harbour
may be, and generally is clear, yet that large quantities of floating ice find
their way through the Gut of Canso, and by Cape Breton, which pass off in a
southerly direction, crossing the direct path of steamers and vessels from
The coasting vessels keeping in shore are not so liable to be molested by it
The harbour is admitted to be a fine sheet of water, but it does not and
cannot vie with Halifax, either in appearance or capacity.
Referring to Lieutenant Shortland’s Report, Appendix No. 5, who made a
survey of it in obedience to the directions of Captain Owen, R.N., it appears
that it is not free from the objection which is made against the port of Halifax,
and is its only drawback, viz., the prevalence of fogs.
Lieutenant Shortland says, « that in foggy weather the harbour (Whitehaven)
is difficult to approach, especially to a stranger, as the soundings in
shore are very irregular, and I have not been able to learn any good indications
of its vicinity to be gathered from the lead, so as to render its approach by
that means certain; and Torbay, its immediate neighbour to the westward, is a
dangerous place to get into.
« From the fishermen and small coasters I understand the currents round
the point are uncertain, and generally depend upon the wind, though the prevailing
current is to the westward.
 » I experienced this current in a boat when I visited the outer break; it was
then setting to the westward, at the rate of one mile and a half per hour at
least. I also perceived vessels in the offing setting rapidly in the same direction,
the breeze was from the eastward and light, though it had previously blown
hard from the same point.
 » We also on our passage from Halifax to Canseau, during a fog, with the
wind from the south-west, experienced an easterly current; but the land once
made, the harbour is easily attained, especially by a steamer. »
This can scarcely be considered a favourable report of its advantages as a
harbour intended for the great Atlantic terminus.
Accommodation and safety for a fleet of merchantmen could be expected
there, as is to be found at Halifax.
To make it a safe approach, Lieutenant Shortland continues thus:—
« A judicious arrangement of fog-signals and lighthouses with buoys, on
the principal dangers, and a good survey with the sea soundings well laid down,
would make the approach in the night, or during fogs, attended with small
danger to a careful seaman. »
One of the undoubted results of the railway will be to make Halifax, if it
be made as it ought to be, the Atlantic terminus, the great emporium of trade
for the British provinces and the Far West.
Whitehaven has not the capacity for this, and in winter it is evidently
dangerous for sailing-vessels; and the selection of it as a terminus would be to
exclude Halifax altogether, or to compel the formation of a branch railway
of 90 miles in length, in addition to 57 miles of trunk railway.
It involves also the necessity of making expensive arrangements; lighthouses
must be built, depots for the supply of the steamers must be made, fortifications
must be erected, and accommodation for a garrison provided. For the
terminus of a great line of railway would need protection in time of war.
At present there are only a few fishermen’s huts.
The probable saving of 10 hours of time in an ocean voyage which varies
even with the Cunard steamers from 9 to 18 days, is not of such all-absoibing
magnitude as to entail, by the choice of the terminus, such a fearful amount of
extra expense and inconvenience to a whole province.
At a more advanced period, perhaps, when the provinces have attained all
the prosperity they have a right to expect from this and other great works
which would follow as surely as effect follows cause, then it may be time to
consider the propriety of making a branch to Whitehaven.
Its selection now as the terminus would most materially affect the receipts
to be expected from the traffic.
Whitehaven, therefore, with its longer and more expensive line of railway,
full of engineering difficulties, passing for miles through a district of country,
rocky, barren, and unfavourable for agriculture, benefiting a comparatively
small proportion of the inhabitants, to the exclusion of the capital and the
greatest amount of the province; or else involving the necessity of making a
branch line of 90 miles in length, is decidedly recommended to be rejected.
And the city and harbour of Halifax (one of the finest in the world) is
recommended to be selected as the Atlantic terminus for the proposed line of
That part of the direct route (Nos. 3 and 4), viz., the line from the Bend
of Petitcodiac by Boistown to the Restigouche and the St. Lawrence, crossing
the range of New Brunswick mountains, having to surmount two summit levels
of 1216 and 920 feet, causing heavy grades, and increasing materially the cost
of transport; passing through a totally unsettled and wilderness country;
involving greater difficulties in the transport of the materials necessary for its
construction, and supplying food to the labourers engaged in its formation;
excluding the towns and settlements on the Gulf shore, and so preventing the
development of the vast resources of the country to be derived from the fisheries;
and also inflicting a serious loss to the interests of the main line, and to
the intended branch from the city of St. John in New Brunswick, is, notwithstanding
its one great advantage of diminished distance, recommended most
strongly to be rejected.
And the route No. 2, from Halifax to Truro, at the head of the Bay of
Fundy, passing over the Cobequid Hills, and on or near to Amherst and Bay
Verte, crossing from thence over to the rivers Richibucto and Miramichi above
the flow of the tide, so as not to interfere with their navigation; then by the
valley of the north-west Miramichi and Nipisiguit River to Bathurst; then
along the shore of the Bay Chaleurs to the Restigouche River; then by the
valley of the Metapediac over to or near to the River St. Lawrence; then by
the route as shown in the General Plan No. 1, along the banks of the St. Lawrence
to Riviere du Loup, and from thence continued through either the second
or third concessions along the river until it approaches Point Levi, is recommended
as the best direction for the proposed trunk line of railway from an
eastern port in Nova Scotia through New Brunswick to Quebec.
It combines in the greatest degree the following important points:—
1st. The immediate prospect of direct, as well as the greatest amount of
remuneration for the expenditure to be incurred; the opening up a large field
for provincial improvements for the settlement of emigrants, and by affording
the opportunity in addition to internal, of external communication, by means
of the Gulf of St. Lawrence and the Bay Chaleurs, it will tend to develop in
the highest degree the commerce and the fisheries of the Province of New
2nd. Passing along the sea-coast for a great distance, and capable of being
approached at several points by bays or navigable rivers, it possesses the
greatest facilities for construction, tending to reduce the expense, and by its
more favourable grades also the cost of working and subsequent maintenance.
3rd. By passing over a less elevated country, and at the least distance from
the sea, there will be less interruption to be apprehended from climate, whilst
the more favourable grades will increase the efficiency and rapidity of intercourse.
4th. Passing at the greatest possible distance from the United States, it
possesses in the highest degree the advantage to be derived from that circumstance
of security from attack in case of hostilities.
The best general direction for the proposed trunk line of railway being
admitted to be that of route No. 2, viz., the Halifax and Eastern, or Bay
Chaleurs route, some additional remarks may be made upon its peculiar advantages, as well as upon the few engineering difficulties which occur and in
explanation of the plans and sections forwarded.
The details of the line are given in the Appendix No. 1. The plans referred
to are the General Plan No. 1, the Model Map No. 2 (which should be stretched
out on the floor to be properly viewed), and the book containing 15 exploratory
sheets of plans and sections, which relate exclusively to this line.
The city of Halifax is situated on the western side of the harbour, whilst
the best site for the terminus is on the opposite shore at Dartmouth.
The distance to Quebec from the latter will be four miles shorter than from
the former; and one great advantange is, that its shore line is as yet comparatively
free from wharves and commercial establishments, and an extensive
terminus can be formed there at less expense and inconvenience than on the
Halifax side, where the Government dockyard and private establishments would
interfere materially in the selection of a good site for it.
At Dartmouth it is expected that vessels entering the harbour will be able
to unload at the railway premises, or probably into the railway cars, whilst an
equally good terminus is to be had at Point Levis, opposite to Quebec. The
same railways cars, loaded from the ships in harbour at Halifax, will thus, after
running an uninterrupted course for 635 miles, be delivered of their contents
into the boats if not into the holds of vessels in the River St. Lawrence. The
same can of course be done from the River St. Lawrence to the vessels waiting
in Halifax harbour.
Such an uninterrupted length of railway, with such facilities at its termini,
will be, it is believed, unequalled in the world.
In the transmission of goods and merchandize this will be a most favourable
point in competing with rival lines. The American railways, especially
along the Atlantic States, are constantly interrupted, and passengers have to
transfer themselves not only from cars to steam-boats, but sometimes from
one set of carriages to another set, in waiting for them on opposite banks of a
In Nova Scotia the passage over the Cobequid Hills cannot be effected without
heavy grades of 1 in 79 and 1 in 85; but as these occur, the one ascending
and the other immediately descending, and only for 10 miles, the inconvenience
can be easily got over by affording an assistant engine for the goods’ trains at
that part. No engineering difficulties are expected to occur from this up to
the Restigouche River.
It is necessary, however, to make some remark in reference to the sections
shown in the Book Exploratory, sheets 6 and 7, comprising that part of New
Brunswick lying between Shediac and the North-west Miramichi.
The whole of this portion of the country is believed to be generally low
and flat, with occasional undulations. The section run through it in the previous
season of 1846, towards Boistown, confirmed this impression.
Its exploration and examination, therefore, was left to the last, and it was
not until the really formidable-looking obstacles had been explored and successfully
got over, that the attention of the parties was turned to it.
As at this time the season was rapidly closing, the exploring parties were
directed to cut straight lines through it, as the best means of obtaining the
general altitudes and a knowledge of the country. No attempt was made to
contour the hills. The sections, therefore, in these two sheets are not grades
for the railway, but of the ground passed over by the straight lines. With
the exception of the immediate banks of the St. Lawrence, this is expected
to prove one of the easiest portions of the line.
When the line reaches the mouth of Eel River, it cannot proceed direct on
to Dalhousie, but must turn off up the valley of that river.
Two courses are afterwards open to it, one to turn off through a valley,
by which it can soon gain the Restigouche, the other to proceed on to the head
waters of Eel River, and then turn down to that river. Which is the best of
these two routes can be better determined when the detailed surveys of the
route are made.
The most formidable point of the line is next to be mentioned, this is the
passage up the Metapediac valley.
The hills on both sides are high and steep, and come down either on the
one side or the other, pretty close to the river’s bank, and involves the necessity
(in order to avoid curves of very small radius) of changing frequently
from one side to the other. The rock, too, is slaty and hard. From this cause,
20 miles of this valley will prove expensive, but the grades will be very easy.
About 14 bridges, of an average length of 120 to 150 yards, will be required
up this valley. There is also a bridge of 2000 feet long, mentioned in the
detailed report as necessary to cross the Miramichi river.
But bridging in this country is not the same formidable affair that it is in
The rivers are nearly always shallow, and the materials, wood and stone,
are close at hand.
The bridges in the United States, on the best lines, are built of wood on the
truss-work principle, with stone piers and abutments.
On the Boston and Albany lines, and on many others in the New England
States, the bridge generally used and approved of is known as  » Howe’s Patent
Truss Bridge. »
The cost of this kind of bridge, as furnished by the parties who have purchased
the patent, is as follows:—
Dollars £ s, d.
For spans of 60 feet, single track, 11 per foot = 2 5 10 sterling
100  » 18  » 3 15 0  »
140  » 21  » 4 7 6
180  » 27  » 5 12 6  »
200  » 30 6 5 0  »
The cost for double track would be about 55 per cent, additional.
The price includes the whole of the superstructure ready for the rails, but
not the piers and abutments.
The bridge over the Connecticut River at Springfield is built on this principle;
it has seven spans of 180 feet each, and the sill of the bridge is 30 feet
above low water. On other lines the same kind of bridge is used, but no ironwork
is permitted (the unequal expansion and contraction of this metal is
objected to), and the addition of an arch is introduced.
A bridge built on this principle on the Reading Railroad, 1800 feet long,
cost 40,000 dollars, equivalent to 8330l. sterling.
Soon after passing the valley of the Metapediac, the great obstacle of the
St. Lawrence chain of mountains is got over, and the line may range away
towards Quebec. Having, however, occasionally a river or ravine to cross, whose
passage requires consideration.
At the Trois Pistoles, the stream in the course of ages has worn out a very
awkward and deep ravine. The bank on one side is generally steep and
abrupt, whilst that on the opposite is low and sloping away back for a long
distance, before it again reaches the height of the table land.
The most favourable site for crossing it occurs at about 11 miles from the
St. Lawrence, where the two banks become nearer to each other, and are more
equal in height.
At this point the breadth of the stream is 100 feet at bottom. The width
between the banks at top 500, and the depth is nearly 150 feet. The banks
are rocky. Though formidable, it is by no means impracticable.
On the New York and Erie Railway there is a bridge whose roadway is
170 feet above the bottom of the ravine, which it crosses by one span of 275
feet. Its cost was 5200l.
From Riviere du Loup to Quebec, the railway might, but for the snow, be
carried almost at a surface level.
Through the whole of New Brunswick, for 234 miles, and through Lower
Canada as far as Riviere du Loup, 167 miles, there will be found along the line
abundance of timber and stone (including limestone) of the best quality for
building purposes. There will be found also, in New Brunswick more especially
abundance of gravel for the superstructure.
In Nova Scotia, the railway will have to pass with but little exception
through land which has been sold or granted away to individuals. The exception
will be the other way in New Brunswick. It will be seen, on reference to
the model map, that it approaches the settlements between Bay Verte and
Shediac, and skirts along the Bay Chaleurs.
In Canada, from the mouth of the Metapediac to the Trois Pistoles, it runs
through still ungranted land. But for the last 110 miles between Riviere du
Loup, it runs through a densely settled country.
Until the detail surveys are made, and the precise location of the line
marked on the ground, it will be impossible to state precisely the exact number
of miles it will pass through Crown land.
If the following estimate be taken, it will not be much out:—
In Nova Scotia 15 miles,
New Brunswick 200  »
Canada , 160  »
Total 375 miles.
The following synopsis will show approximately the quantities of ungranted
land in the counties through which the lines passes:—

In Nova Scotia
Halifax County 780,000
Colchester 120,000
Cumberland 180,000
— 1,080,000

In New Brunswick
Westmoreland County 301,000
Kent 640,000
Northumberland 1,993,000
Gloucester 704,000
Kestigouehe 1,109,000

In Canada
Bonaventure 2,000,000
Rimouski 5,000,000
Kamouraska 500,000
I/Islet 600,000
Belleehasse 500,000

General Total 14,427,000

The land for the railway will have to be purchased in Nova Scotia for nearly
its whole course, and in Canada for the 110 miles mentioned.
The latter, however, it is expected, will cost very little more than the expense
which it would be necessary to incur in cleaning, getting out the stumps, and
preparing the wild lands for the railroad.
No part of the line will ever be at any great distance from Crown lands; but
it will be a question of detail for this part as well as for the Nova Scotia
section, whether it will be more advantageous to cut and convey from them the
timber and materials required, or purchase them.
The direction of the proposed line being determined upon, the next points
which present themselves for consideration are, the character of the road and
method of construction.
In the first instance, it is considered that one line of rails will be sufficient;
but in taking ground for the railway and stations, and wherever the line passes,
regard should be paid always to the prospect of its being made at some future
time a double track. And in the anticipation of a heavy traffic, which there is a
fair prospect of soon passing along it, and with a view to ultimate economy, as
well as the saving of much inconvenience, it is recommended that the road (being
intended for the great trunk line) should be constructed at once in a substantial
and permanent manner, with a good heavy rail, capable of bearing high rates of
speed for passenger trains.
On all the principal lines of railway in the United States, the flat iron bar is
everywhere being discarded and the H or T rail, generally of 56 lbs. to the yard,
is being substituted for it.
On several of the lines also a double track is being made, and the works
constructed are of a more permanent character than formerly.
Much has been said in praise of the cheap method of making railways in
America, and the advantages to be derived from it in a new country.
As an example of this system, and its practical results, the Utica and
Syracuse Railway may be here quoted.
This road is 53 miles in length, and forms part of the Great Western line,
connecting Albany on the Hudson River, with Buffalo on Lake Erie—one of the
principal lines in the country.
In its construction more than a usual amount of timber was used. For a
considerable portion of its length (upwards of 19 miles) it passes through a deep
swamp. Piles were driven into this, to support a long continued trestle-bridge,
over which the railway track was carried upon longitudinal bearers.
For the other 33 miles the grading was made in the usual manner by excavations
and embankments: but the superstructure was of wood.
Upon the grading in the direction of its length, a small trench was excavated,
and a sill of wood was firmly bedded in it. Where the sills abutted end to end,
they were supported by a piece of wood of the same section laid beneath them.
At right angles to and upon the upper surfaces of the sills were spiked cross-ties,
and again, at right angles to the cross-ties, and immediately over the sills, were
laid the longitudinal wood-bearers, to which the iron plates were firmly spiked.
The centre of the rail and sill were in the same vertical plane.
Thus everything was done for economy, as much wood as possible being
used. This railway for its construction and equipment cost on an average only
3600l. per mile.
It was thought worthy, in 1843, to publish an account of it in London, and
it forms the chief subject of a volume thus entitled  » Ensamples of Railway
Making, which, although not of English practice, are submitted to the Civil
Engineer and the British and Irish Public. »
The following Report is extracted from the Annual Statement of the Secretary
of State to the Assembly of the State of New York, dated 4th March, 1847:—
 » The Syracuse and Utica Railroad has been opened for the transportation
of passengers for the last eight years.
 » The company having determined to relay the road with an iron rail of the
most improved form, have contracted for a considerable portion of the iron
necessary, and are proceeding with the intention of laying a substantial structure
adequate to the proper performance of the business required.
Dolls. Cts.
 » The present wood structure has cost the company 417,075 55
« The iron now laid thereon is the flat bar and will be useless,
and therefore will be sold. It is hoped that there may be
derived from the sale of it 80,000 00
« Leaving the sum of 337,075 55
which has been expended for the cost of the wood structure, which, in addition
to a large annual amount for repairs, will be practically worn out, sunk, and
gone, when the new structure is laid and used. The new structure, it is supposed,
will cost about the same as the former, towards which, it is hoped, the old iron
will pay as above, 80,000 dollars, leaving the sum of about 300,000 dollars to
be raised by the company on its credit.
« This will, when paid, reimburse the capital of the company for the equivalent
amount, which has been appropriated to the worn out structure. In
addition to the cost of the new structure, there will be required a considerable
sum for new engines, cars, &c. The demand upon the company for the transportation
of property at the close of the canal, has entirely exceeded its capacity
to do this business. Property destined for sale in the eastern markets in large
quantities, was stopped at most points upon the line of railroad contiguous
to the canal. Being practically confined to the winter months in this branch
of business, it cannot be expected that the company could provide a supply of
cars for this sudden and extraordinary demand, when they must stand idle and
go to waste during two-thirds of the year.
« When the road shall be relaid with the proposed iron rail, the public will
require that the trains shall be run with increased speed. In relation to this
subject, it is deemed proper to refer to the following suggestions contained in
the report of this company made last year:—
« Very great embarrassment is experienced from the fact that cattle are
allowed to run at large, and to impede and so often delay trains as at present.
I t is a serious matter, and unless more care shall be bestowed by the owners
in restraining them, either at their own suggestion or in pursuance of some
proper law to be passed, it will be found very difficult to make good time upon
this line. A part of our business must be always done in the night, and it is
then we experience the great hazard. The trains are frequently thrown off by
them, and the danger to the persons in charge and to the passengers is imminent.
The owners always insist upon pay for their animals destroyed,
without reflecting upon the great damage that they cause to the property of
the company, and the more fearful injury that might ensue to passengers. If
the owners will not take care of them it is impossible to keep them off. In
Massachusetts much less difficulty in this respect is experienced, for there, it
is believed, a penalty is incurred by the owner of domestic animals that go
upon the railroad. Our business is conducted with all possible care in this
respect, and the enginemen suitably feel the risk of life or limb (which to
them is almost as important) that they incur from the growing evil.
« A very proper law in this State has guarded the public and the company
against direct wanton injury to the trains by individuals. It is submitted
that negligence in allowing animals to run upon the railroads should be
prevented by some suitable restraints. »
Some of the inconveniencies arising from a cheap railway may be learnt
from this report.
At this time’the total amount spent upon its construction appears from
the same report to have been 1,098,940 dollars, equivalent to 4520l. sterling
per mile.
The new superstructure, it was supposed, would cost about the same as
the former, viz., 417,075 dollars, or about 1640l. sterling additional, which will
make the price of this railway when completed as intended, 5960l. per mile.
In other parts of the States where these tresle-bridge or skeleton railways
have been made, instances have been known of the locomotive slipping down
between the rails, which have warped outwards.
With a view, therefore, to ultimate economy, and to save inconvenience
and interruption to the traffic when once established, it is most strongly
recommended that the line whenever commenced shall be at once properly and
efficiently made.
In determining the form of the road, it is necessary to bear in view that
it will pass through a country everywhere liable to be obstructed by heavy
falls of snow. It does not appear, however, from the results of inquiries made
in the United States, that anything beyond inconvenience, and some additional
expense in the cost of working the line, is to be apprehended from this cause.
The railway from Boston to Albany, which crosses the range of mountains
between the Connecticut and Hudson rivers, attaining upon them an elevation
of upwards of 1400 feet above the sea, to which it ascends by a grade of about
80 feet per mile for 13 miles. Traverses a country subjected to the same sort
of winter as the British North American Provinces.
The average depth of snow in the woods is from 3 to 4 feet, which is not
much less than it is in the woods of New Brunswick and Canada.
In 1843, a year remarkable for the great number of snow storms which
occurred, there was 63 falls of snow, but the traffic was not interrupted to any
very serious extent, not more than two or three trips,
To keep the roads clear, two descriptions of snow-ploughs are used, one
for the double track and another for the single. In the former the share of
the plough travels immediately over the inner rail, throwing the snow outwards
from the track. It is first used on one track, and then runs back upon
the other.
In the single line the ploughshare travels in the centre of the track, throwing
the snow off at once upon both sides.
For the double track the snow-plough weighs from 5 to 6 tons, and cost
about 125l. For the single track it is somewhat lighter.
The plough requires generally, when run without a train, two engines of 20
tons each, or with a train three engines.
When the fall of snow does not exceed a few inches, the small plough,
always fixed in front of the engine, consisting of an open frame-work projecting
about 5 feet in front, and called a  » cow-scraper, » is found, when cased over, to
be sufficient to clear the line. When the fall is deeper, the plough is used im-
mediately after the snow has ceased to fall.
It can be propelled by three 20-ton engines through three feet of newly
fallen snow at the rate of six miles an hours.
If the fall does not exceed two feet, it can travel at the rate of 15 miles an
The drifts through which it is propelled are sometimes 15 feet deep, and
from 200 to 300 feet long, and at others 8 or 10 feet deep, and from a quarter to
half a mile in length.
The line of railway is marked in divisions of about eight miles, to each of
which eight or ten men are allotted, who pass along the line each day with small
hand-ploughs, picks, &c, clearing away the snow and ice which the trains collect
and harden between the rails and the roadway.
It is found that the freezing of the snow or rain upon the rails does not
impede the heavy engines, as the weight of the forward wheels is sufficient to
break it, and enable the driving wheels to bite.
Whenever, from local causes, the snow is found to drift on the line of rail-
way, snow fences are erected, which are found very effectual. They are simple
board fences from 10 to 15 feet high, placed from 10 to 20 feet back from the
In wet weather the rails become very slippery; but the difficulty is overcome,
and the wheels enabled to bite upon the steep gradients by the use of sand-boxes,
which are fixed in front of the engine and immediately over the rails. These can
be opened at pleasure by the engine-driver, and the sand is used wherever
The means thus successfully adopted to overcome the obstacles arising from
ice and snow are employed much in the same way upon all the railways which
are exposed to them.
In the year 1847 the expense incurred under this head (removing ice and
snow) upon the western railroad in Massachusetts, was, according to the official
return, 2763 dollars, equivalent to 575l. sterling.
Upon many of the other lines expenses under the same head are returned,
but very much smaller in amount.
In places where the rails are not raised above the general level of the country,
much greater difficulty is experienced in keeping the lines clear of snow than in
parts where there are embankments.
From the foregoing it does not appear, therefore, that snow need be considered
an insurmountable obstacle to the formation of a line of railway from
Halifax to Quebec.
To obviate, as much as possible, the liability to interruption from this cause,
it is recommended that in the construction of the line, it be adopted as a principle,
that the top of the iron rail be kept as high as the average depth of snow in the
country through which the line passes.
In Nova Scotia this will require probably an embankment of 2 feet high,
gradually increasing as it proceeds northward to the St. Lawrence and along the
flat open country on its banks, to 5 or even 6 feet.
The whole of that part of British North America through which this line is
intended to be run, being as yet free from railways, the choice of gauge is clear
and open.
Without entering into and quoting the arguments which have been adduced
in favour of the broad or narrow gauge of England, as it is more a question of
detail than otherwise, it will be deemed sufficient for the present report to recommend
an intermediate gauge. Probably 5 feet 6 inches will be the most
suitable, as combining the greatest amount of practical utility with the least
amount of increased expenditure.
With the object of proceeding on to the consideration of expense of construction,
the proposed trunk line will be supposed to have a single track with
one-tenth additional for side lines and turn outs, to have a rail 65 lbs. to the yard,
supported upon longitudinal sleepers with cross-ties, similar to the rail used upon
the London and Croydon line; the wood to be prepared according to Payne’s
process, to have a gauge of 5 feet 6 inches, and as a principle, the top of the rails
to be kept above the level of the surface of the ground, at a height equal to the
average depth of the snow. For the best information as to the cost of making
such a railway, reference must be made to the works of a similar character in the
United States.
At about the close of the year 1847, there were in that country nearly 5800
miles of railway completed or in progress. The average cost for those having a
single track has been estimated at 22,000 dollars equivalent to 4166l. sterling per
mile. For the double track, 32,000 dollars, or 6666l. sterling per mile.
But the extreme differences which are to be observed in the cost of construction
in the various States are so great, ranging from 1600l. up to 24,000l. per
mile, that no criterion can be established from averages obtained from such
discordant data.
The State of Massachusetts affords the best materials for accurate information.
All the railroad corporations are by law obliged to make annual returns to
the Legislature, and very valuable statistical information is thereby obtained
upon railway affairs.
From the official reports for the year 1847, the following table has been compiled:—


*See PDF for table
*Voir PDF pour le tableau

This table comprises, with the exception of about 50 miles, upon which there
occur some doubts as to what the account precisely embraces, the whole of the
railroads at present completed in the State of Massachusetts. The table shows
6S3J miles of railway, including branches, which have cost in their construction
and equipment 31,675,946 dollars, or 6,599,155l. sterling.
There are 146 miles of double track. They have been taken at so much additional
single track. A double track would not cost exactly twice that of a single
one in its construction; but as these lines were made originally only with single
tracks, and have been added to from time to time as circumstances would admit,
it must have tended to increase the cost, and in calculating the average expense
per mile, it is considered the result will not be much in error. The cost per mile
it appears then has been 7950l. sterling.
There is no other State in the Union which presents equally good data for
making an approximate estimate.
The climate and nature of the country bears also a strong resemblance to
that through which the Halifax and Quebec line will pass, and in this respect the
analogy of the two cases is extremely favourable.
The New York and Erie railroad, 450 miles in length, now in course of
construction, will, it is supposed from the latest information, cost 6250l. per mile,
exclusive of equipment.
The estimate for the Hudson River railroad from New York to Albany,
now in progress, is for the single track 7440l. sterling per mile.
The estimate for the Montreal and Portland line is about 5080l. sterling
per mile.
For the Great Western railroad in progress in Upper Canada, the estimate
for that section of the line which would most resemble the Halifax and Quebec
road, is 5638l. per mile.
On referring to the table, it will be seen that all the lines have either the
H or T rail, generally 56 lbs. to the yard.
The price of railroad iron in the States is very much greater than in England,
or what it can be procured for in the British provinces. It pays a very high
duty on importation into the States.
On some of the lines upwards of 15l. per ton for rails have been paid. In
England rails can now be bought for 8l. or 9l. per ton.
The advantage which the Halifax and Quebec line will possess over the lines
in the table in the respect of iron alone may be estimated at 500L per mile.
When these lines were constructed, also, the demand for labour was extremely
great, and wages much higher than in the present day.
The average (of 7950l.) derived from the table may therefore very fairly
be reduced by several hundred pounds.
The Halifax and Quebec line will have also many advantages which the
American lines had not.
The land for the greater portion of the road will not have to be purchased.
Timber and stone will be had nearly along the whole line for the labour of
cutting and quarrying.
Judging then from the analogy afforded by similar, or nearly similar lines
in the neighbouring States, giving due weight to the considerations which have
a tendency to modify the cost in the particular case of the Halifax and Quebec
line, and forming the best estimate to be derived from the data obained upon the
exploratory survey, which under the circumstances of a perfectly new country,
only recently explored, and still covered with a dense forest, is all that can in the
first instance be done, it is considered that if the sum of 700l. sterling per mile be
assumed as the probable cost of the proposed line, it will not be far from the correct
The total distance from Halifax to Quebec will be about 635 miles.

633 milles at 7000l. per mile will be 4,445,000
Add one-tenth for contingencies 444,500
Or in round numbers, 5,000,000l.

It is estimated, therefore, that the cost for construction and equipment of
the proposed trunk line, from Halifax, through New Brunswick, to Quebec, will
amount to 5,000,000l.. sterling.
The question which presents itself next for consideration is a very important
one, namely, the probable returns for such an expenditure.
The information to be afforded on this head can only be derived in a very
general way, from a consideration of the present population and resources of the
three provinces.
The direct communication between the two termini, Halifax and Quebec, is
of a very limited nature.
By land, it is confined almost to the conveyance of the mails. Passengers proi
ceed generally by way of the United States.
By sea, in 1847, the communication was by 17 vessels, which arrived at
Quebec, having a tonnage of 1257, and 18 departed from that port for Halifax
whose tonnage amounted to 1386 tons.
This amount of intercourse does not at the first view appear encouraging to
expected receipts, but when it is made to appear that this limited intercourse
arises entirely from the want of good means of intercommunication such as would
be afforded by the proposed railway, it becomes a strong argument in favour of
making the line rather than against it.
The communication of the provinces with each other is cramped and restricted
beyond measure by the same want.
By sea the amount of intercourse may be judged of by the return given in
Appendix No. 6, furnished by the Quebec Board of Trade.
The chief elements which enter into, and upon which depends, the success of
every railway enterprise, are population, agriculture, and commerce.
At the extremities of the line, and for some miles along the St. Lawrence,
there is an abundant population. External commerce there is in an eminent
degree. In that of agriculture its deficiency is great at present but as there are
millions of acres of good productive land only waiting for the hands necessary
to cultivate them, and the means of access to which will be afforded by the
railway, this very circumstance may be made to conduce to the advantage of the
line, and pay a large portion of the expense of its construction.
The population of Halifax (the Atlantic terminus) is estimated at 25,000
souls. It is the capital of the province—the seat of government,—and its com-
meree extensive. The value of its imports and exports is estimated at 2,500,000l.
The city of Quebec, the other terminus, according to the census of 1844,
contained (including the county which is not given separately) 45,000 persons.
But this city derives additional importance from its being the one great shipping
port and outlet for all Canada. By its port passes the whole trade of that
province. It may be regarded as the focus of commerce for a million and a half
of souls. The value of the imports and exports together may be estimated at
5,500,000l. sterling, giving employment to a very great amount of shipping. This immense trade is of necessity crowded into six months, the navigation
of the St. Lawrence being closed for the remainder of the year.
In addition to these two great termini there are lying on each side of the line
two most important tributaries, viz., the city of St. John and Prince Edward
Island. The former with a population in city and county together of nearly 44,000
persons, with a commerce of the value of 1,800,000l. in exports and imports,
giving employment also to a great amount of shipping. The latter with a
population of 50,000 engaged principally in agriculture and the fisheries. The
exports and imports of this island are about 200,000l. annually.
Between the city of Quebec and the River Metis there are, settled along the
south bank of the St. Lawrence, 75,000 inhabitants all engaged in agriculture.
These people are French Canadians, and almost every family has a small farm
and homestead.
A striking peculiarity of these farms is their elongated shape the length being
generally 30 times that of the breadth, oftentimes a greater disproportion exists.
The houses and farm-buildings are always built at one extremity, that which
adjoins the road dividing one set of concession from another. There are generally
three or four lines of houses and roads running thus along the St. Lawrence.
The effect produced by this manner of parcelling out the land and building
has been to form what can only be compared to one long and continued village
for 200 miles.
For the first 100 miles out of Quebec, as far nearly as the Riviere du Loup,
the proposed line of railway will run through the centre of this extended village,
and with a train of moderate length, the last carriage will scarcely have cleared
the door of one house before the engine will be opposite another. For the second
100 miles it will leave these concessions and farms a little on one side, but still
within reach. A more favourable disposition of a population (comprised of small
farmers) for contributing to the way traffic of a railroad could scarcely have
been devised.
In the country lying between the Restigouche River and Halifax, the
inhabitants who will be near to the railroad will amount to about 100,000;
making the population, either upon or near to the line, including the two termini,
250,000 persons. But if the total population be taken within the area, which
will be benefited by and become contributors to the line, then it may be estimated
at not less than 400,000 souls.
In a report of the directors, made upon the New York and Erie railroad in
1843, when the question of proceeding with that line was under consideration,
one of the data upon which its future receipts was calculated was derived from
population and relative distance. And using the data obtained from the working
of one portion which had been completed and was in operation, it was calculated
that 531,000 persons on a line of 425 miles in length, would return in net earnings
to the railway 1,343,500 dollars, or 2 1/2 dollars nearly per head, equivalent to 10s.
sterling. As the railroad is not yet completed, the true result cannot yet be seen.
The net earnings of the railroads in Massachusetts for the year 1847 were
2,290,000 dollars. The population of that State, over whose area railways are
everywhere extended, and the whole of which may therefore be considered as
tributary to them, being at the time about 800,000. This gives 2 3/4 dollars per
head, equivalent to 11s., or the same result nearly.
Applying the same ratio (of 10s. per head) to the 400,000 inhabitants who
are within the area and likely to become tributaries to the Quebec and Halifax
railway, it would give 200,000l. as its probable revenue.
The great staple of trade of New Brunswick is its timber. For this allabsorbing
pursuit the inhabitants neglect agriculture, and instead of raising
their own supplies, they import provisions in large quantities from Canada and
the United States. In the year 1846, New Brunswick paid to the latter for
provisions alone 216,000l. sterling, whilst, in return the United States only took
from them 11,000l.. in coals and fish.
Of Nova Scotia the great staples are timber and the products of the fisheries.
The inhabitants import provisions also largely.
Canada is an exporting country, and capable of supplying the demands of
In the winter of 1847-8 the price of flour at Halifax and St. John was at 40s.
the barrel, and it was being imported from the chief ports in the United States,
even from as far as New Orleans in the Gulf of Mexico. At the same time, at
Quebec the price of flour was only 25s. per barrel. A very great difference, which,
had the railroad been in existence, would not have occurred.
Another great source of revenue likely to be developed by the railway is that
of coals, to be derived from the Great Cumberland Field.
Quebec and the upper country would no doubt take large quantities for their
own consumption. Halifax the same for itself, and also for exportation to the
United States.
Considerable returns would arise from the fisheries and from the products
of the forest lying contiguous to the line, which would find their way by it to the
shipping ports.
The country through which the road will pass possesses, therefore, in itself,
elements which, when fully developed, cannot fail to realize large receipts.
But there are, exclusive of these, other and highly important sources for
productive revenue.
Halifax may be considered to be the nearest great seaport to Europe.
Passengers travelling between England and the Canadas would adopt this
railway as the shortest and best line which they could take. Emigrants would do
the same.
The mails, troops, munitions of war, commissariat supplies, and all public
stores would naturally pass by it, as the safest, speediest, and cheapest means of
lf straight line be drawn from Cape Clear, in Ireland, to New York, it will
cut through or pass close to Halifax.
The latter is therefore on the direct route; and as the sea voyage across the
Atlantic to New York may be shortened by three days nearly, in steamers, it is
not improbable that on that account, when the branch railroad to St. John is
completed, and other lines to connect on with those in the United States, the whole
or the greatest portion of the passenger traffic between the Old and New World
would pass through Halifax, and over a great section of the proposed railroad.
But the great object for the railway to attain, and which, if it should be able
to accomplish, its capability to pay the interest of the capital expended would be
undoubted, is to supersede the long and dangerous passage to Quebec by the
Gulf of St. Lawrence.
To make two voyages in a season vessels are obliged to leave England earlier,
and encounter the dangers of the ice in the Gulf, much sooner than it is safe or
prudent for them to do.
The loss of life and property which has occurred from this cause, and returning
late in the autumn, has been enormous. It cannot be ascertained, but
probably it would have more than paid for the railway.
An opinion may, however, be formed of it from the rates of insurance, which
in the spring and autumn are as high as 10 per cent. A much higher rate than
to any other part of the world.
The navigation of the St. Lawrence is closed for about six months of every
year. During the whole of this period all the produce of the country is locked up,
and necessarily lies unproductive on the hands of the holders.
The surplus agricultural produce of the year cannot be got ready to be
shipped in the season it is produced. In the winter of 1846-7, it has been stated
on good authority, that 500,000 barrels of flour were detained in Montreal at
the time when famine was raging in Ireland. As soon as the season opened
there was such a demand for shipping to carry provisions, that the ordinary
course of the timber trade was deranged by it.
All this would have been prevented had the railway been then in existence.
For six months in the year then the St. Lawrence would cease to be a
competitor with the railway, and large quantities of produce would be certain
to be forwarded by it.
For the other six months of the year it would have also the following
strong claims to preference:—rapidity of transport; the saving of heavy
insurance; cheaper rate of freight from Halifax; vessels engaged in the
Canadian trade could make three voyages to Halifax for two to Quebec.
The trade which is now crowded into six months, to the great inconvenience
of every one concerned, rendering large stocks necessary to be kept
on hand, would be diffused equally over the whole year.
It is most probable that these advantages will be found so great that only
the bulky and weighty articles of commerce, such as the very heavy timber
and a few other goods, will continue to be sent round by the Gulf of St.
If such should prove to be the case, then the proposed railway would have
as much or perhaps more traffic than a single track could accommodate.
The cost of transportation, it is calculated, will not be too high on this line
to admit of the above results being realized, and in that case, more especially
if the capital can be raised at a moderate rate of interest, it is considered highly
probable that it will, even in a commercial point of view, be a profitable undertaking.
From evidence given to the Gauge Commissioners in England, it appears
that the cost of transport for goods on the undermentioned lines of railway
was as follows:—
Great Western 06 of a penny per ton per mile.
Grand Junction 13  »  »
Birmingham and Gloucester 09  »  »
Southwestern 10  »  »
London and Birmingham 12  »  »
5) 50
10 Average per ton per mile.

This is supposed to be gross weight, including carriages, &c.
One-fifth of a penny per mile per ton will be a liberal allowance for the
net weight.
From a very carefully prepared document,* extracted from a Report of
the Commissioners appointed in 1846 by the Legislature of the State of New
York, to locate certain portions of the New York and Erie Railroad, it appears
that the cost of motive power on some of the principal railroads in the United
States was 40 cents per train per mile, equivalent to Is. 8d. sterling.
With the expected grades on the Halifax and Quebec line, it is calculated
that an engine of good power, having the assistance of an extra engine for 25
miles of the distance, will convey 100 tons of goods at a moderate speed of
8 to 10 miles an hour over the whole line.
The total cost per train would then be—
i. s. d.
635 miles, at 1s. 8d. per mile 52 18 4
25 miles, at Is. 8d, per extra engine 2 1 8
Total for 100 tons £55 0 0

* Vide Appendix No. 7.

Or 11s. per ton for the whole distance. Equal 207 drs. per ton per mile, the
same nearly as the average on the English railways.
At this rate the actual cost of carrying a barrel of flour from Quebec to
Halifax will be only 1s. 1d.; and if it be doubled, to pay interest on capital, then
2s. 2d. might be the price charged for its conveyance.
The freight of flour from Quebec to England may be taken at 5s. per
barrel; from Halifax, at 3s.
The difference in freight would therefore pay its transit by railway, and
the difference in the rates of insurance would be to the profit of the owner;
and the voyage being shorter, there would be less risk of its arrival in the
market in a heated or deteriorated condition.
Provisions, and all other articles whose value is great in proportion to
their bulk, would be as advantageously forwarded by this route.
It is fully expected, therefore, that the railway will be able to compete
successfully with shipping in the St. Lawrence even during the summer season.
But there is still another great and important source from which traffic
may be expected, viz.,—From those vast and extensive regions in the far west,
round the Lakes Huron, Michigan, and Lake Superior.
By the completion of the canals along the River St. Lawrence, the produce
of these lake countries now finds its way to the markets of Montreal and Quebec.
Large cargoes, consisting of upwards of 3000 barrels of flour can now pass
from their ports down to Quebec without once breaking bulk.
Already produce which found its way to New York by the circuitous route
of the Mississippi and New Orleans has been diverted to the channel of the
St. Lawrence.
The extent to which this will take place it is not possible yet to calculate;
but there is no doubt that large quantities of produce which formerly found its
way to the Atlantic ports of New York and Boston will be diverted to the St.
Of the enormous exports of provisions from the United States, the following
will give some idea:—
In 1846. In 1847.
Flour, barrels 2,289,476 4,382,496
Wheat, bushels 1,613,795 4,399,951
Corn, bushels 1,826,068 16,326,050
Meal, barrels 293,720 918,066
The greatest portion, if not nearly all this immense produce, of which the
above forms only a few items in the great account, was received at the Atlantic
ports from the Far West. And it is for this most important and still increasing
trade that Montreal and Quebec will now, by means of the St. Lawrence canals,
have the most favourable chance of a successful competition with New York
and Boston.
It has been calculated that the cost of transport for a barrel of flour from the
Lakes to New York was 5s. 1d. sterling; to Boston 6s., exclusive of charges for
By the Quebec and Halifax line it is estimated, now that the canals are open,
a barrel of flour may be delivered at Quebec for 2s. sterling, and carried to Halifax
for 2s. 2d.; total 4s. 2d.
By the Montreal and Portland, 1s. 8d. has been estimated as the price per
the railway, to which, if 2s. more be added as freight to Montreal, the price by
that line will probably be only 3s. 8d. sterling per barrel. The Montreal and
Portland will have, therefore, an apparent advantage over the Quebec and
Halifax line, arising from its much shorter distance. But there are some drawbacks
attending it, which may cause the preference to be given to the latter notwithstanding.
The line passes through the United States.
A transit duty of 2 1/2 per cent, ad valorem has to be levied upon all foreign
produce, and introduces the inconvenience of custom-houses and custom-house
Portland is a foreign port, and is 400 miles by sea farther from England than
It has been seen in a former part of this report, when speaking of the Utica
and Syracuse railroad, how inadequate that line was to take all the traffic which
was required to be forwarded by it, at the time the Erie Canal is closed.
The growing population and produce of the Western States are so gigantic,
that it is probable there will be more than sufficient to employ fully both the
Montreal and Portland and the Quebec and Halifax railroads.
From the foregoing remarks it will appear, then, that although no very good
or precise estimate of the returns for the expenditure of five millions sterling can
be given, yet that there are very good general grounds upon which to form an
opinion that ultimately, if not at once, the line will, in a commercial point of
view, be a very productive one.
The Montreal and Portland, which will be the great competitor with that of
the Quebec and Halifax line, is an enterprise of a purely commercial and local
nature. As such, it is not likely shareholders will be contented unless they
receive what they have every right to expect, a high rate of interest for the
expenditure they have incurred and the risk they have encountered in the undertaking.
But with the Quebec and Halifax it is very different; the enterprise is of
general interest. It concerns the prosperity and the welfare of each of the three
provinces, and the honour as well as the interests of the whole British empire
may be affected by it. It is the one great means by which alone the power of
the mother-country can be brought to bear on this side of the Atlantic, and
restore the balance of power now fast turning to the side of the United States.
Every new line of railway made in that country adds to their power, enabling
them to concentrate their forces almost wherever they please, and by the lines,
of which there are already some and there will soon be more, reaching to their
northern frontier, they can choose at their own time any one point of attack
on the long-extended Canadian frontier, and direct their whole strength against it.
The provinces, therefore, and the empire having such interest in the formation
of the Halifax and Quebec line, it should be undertaken by them in common as
a great public work for the public weal.
If so undertaken, the provinces supported by the credit of the mothercountry
could raise capital at a rate of interest which could not be done by any
company of shareholders. And if to this advantage be added the disposal for
the exclusive benefit of the railway of a portion of the wild lands along the line,
and in the immediate country which it would be the means of opening to settlement
and cultivation, then it is highly probable that it would be constructed
for three millions sterling.
In a former part of this report it has been estimated that there are in the
counties through which this line will pass fourteen millions of acres of land yet
ungranted, and therefore remaining at the disposal of the Provincial Government.
The ordinary price of an acre of wild or uncleared land is about 2s. 6d. to
3s. per acre; but where public roads are made through them, the value immediately
increases, and it will not be considered an extravagant estimate to suppose
that the land along it, or in the immediate vicinity of the railway, will be worth
1l. per acre.
For the construction of the Great St. Lawrence Canal, by which Canada
has now the prospect of reaping such immense advantages from the trade of the
western country, the Imperial Government guaranteed the interest on a loan of
two millions sterling and upwards, at four per cent. This loan was easily raised,
and a large premium per cent, was received in addition for it.
There can be little doubt that another loan of three millions sterling at the
same rate of four per cent, interest, could be raised upon the credit of the provincial
revenues if guaranteed by the mother-country. With this amount of
capital and two millions of acres to be reserved and sold from time to time, it
is conceived the railway may be made.
Upon the strength of these two millions of acres and the loan as a basis, a
large amount of notes might be issued in payment of the wages and salaries of
the labourers and other persons employed on the works of the railway. They
should be made receivable for taxes and customs duties. The amount authorized
to be issued might be limited to the extent of the acres, and as these were sold,
an equal amount of the notes should be cancelled.
The issue of a number of notes which would pass current over the three
provinces would be conferring a great benefit upon the community at large. The
currency is not the same throughout, and persons who travel from one province
to another are now put to inconvenience, and have often to pay a discount upon
exchanging the notes of one colonial bank for those of another. Advantage might
be taken of the measure to assimilate the currency of the colonies to each other,
and make it  » sterling, » the same as in England.
By a little arrangement also, these notes might be made payable at the chief
ports of emigration in the United Kingdom; and in that case a very great
convenience would be afforded to a large class of persons on both sides of the
To remit small ssums now requires the intervention of bankers or agents.
This has the effect upon persons resident in the settlements (and no doubt also
often in towns) of preventing their sending the assistance which they otherwise
would do to friends at home. Many a small note would be put up and sent in a
letter, which now is never thought of for want of the convenience.
In remitting sums from Halifax to England, the banks do not like to give
bills at less than 60 days’ sight. These notes -would, therefore, become a great
public benefit, and there would be no fear of their being kept in circulation
almost to any amount.
Upon the loan of three millions, the interest at four per cent, would amount
to 120,000l. per annum.
Of this sum it may be fairly assumed that for the conveyance of the mails
between Halifax ‘and Quebec, the Post Office department would be willing to pay
annually an equal amount to what is now paid for the same service. This has
not been officially obtained, but there are good grounds for supposing that it is
nearly 20,000l.
In the case, then, that beyond this the railway only paid its own working
expenses, the sum of 100,000l. would have to be made good out of the revenues
of the provinces.
The proportion of this, or of whatever sum might be deficient to pay the
interest on the loan, would have to be arranged; and it may, for the sake of
illustration, be supposed to be as follows:—
Nova Scotia 20,000 .. Proportion -2
New Brunswick 20,000 ..  » -2
Canada 30,000 ..  » -3
The Imperial Government 30,000 ..  » -3

Total £100,000 .10

For the proportion guaranteed by the provinces, they would receive the
benefits conferred by the railway in developing their resources, increasing the
value of all property, promoting the sale and settlement of their wild lands,
increased population, and increased revenue.
For the proportion guaranteed by the Imperial Government, all Government
officers, civil or military, troops, munitions of war, supplies, &c, for the public
service, and emigrants should be transported over the line at the cost price.
New Brunswick and Nova Scotia it is understood are most willing to guarantee
the interest to the extent of their means, and in a fair proportion.
Canada having done so much already for the communications above
Montreal, it is fully expected will not be backward in perfecting those below
In the extreme case supposed above, viz., of the railway yielding no returns
beyond working expenses, it is not conceived that either one of the provinces
or the empire would not receive an equivalent in some other form for its direct
contribution to make good the interest.
An account is at present being taken of the existing way traffic between
Halifax and Amherst, by the commissioner appointed by Nova Scotia to collect
statistics for the railway. The same is being done for that portion of the line
along the banks of the St. Lawrence.
There is some reason to believe that these two portions of the line will be
found to have sufficient traffic to pay, over and above working expenses, the
moderate interest upon capital of 4 per cent.
If such should prove to be correct, then the foregoing statement would be
modified and stand thus —

Total distance, Halifax to Quebec 635
Quebec to Riviere du Loup 110
Halifax to Amherst and Bay Verte 125
Leaving unproductive still 400 miles.

If the total line can be done for 3,000,000l., then the proportion for the 400
miles would be 1,889,600l. or 2,000,000l. nearly.
The interest for which would amount to 80,000l.
Deducting 20,000l. for the conveyance of the mails, then the sum to be
responsible for would be 60,000l., which divided proportionally as before, would
give for

Nova Scotia 12,000l. proportion -2
New Brunswick 12,000l.  » . -2
Canada 18,000l.  » -3
Great Britain 18,000l.  » -3
Total 60,000l. -10

Therefore, for the responsibility (perhaps for assuming it only) of 100,000l.,
or as the case may prove, 60,000l., the Quebec and Halifax Railway may be made.
But to look at this great work only as a commercial speculation, and as
yielding mere interest for the expenditure incurred, would be to take a very
limited view of the objects it is capable of achieving.
In the United States they are well aware of the increased value which
internal improvements and communications give to property of every kind.
In those countries works have been undertaken for that object alone, not
for the mere return which the work, whether railway, road, or canal, would
make of itself.
The indebtedness of the several States has been incurred almost entirely
in making great internal improvements. And in the boldness and unhesitating
way in which they have incurred debts and responsibilities for the purpose of
developing their resources may be seen the secret of their unrivalled prosperity.
The State is in debt, but its citizens have been enriched beyond all proportion.
Most unfavourable comparisons are made by travellers who visit the British
provinces and the United States. And some have gone so far as to state, that
travelling along where the boundary is a mere conventional line, they could at
once tell whether they were in the States or not.
On the one side the State Governments become shareholders to a large
amount in great public works, lead the way, and do not hesitate to incur debt,
for making what has been termed  » war upon the wilderness; » employment is
given, and by the time the improvement is completed, property has been created,
and the employed become proprietors.
On the other side the provincial Governments do not take the initiative in
the same manner, and hence in the settlements and in the provinces generally,
may be seen this marked difference in the progress of people who are identically
the same in every respect.
Until the British provinces boldly imitate the policy of the States in this
regard, and make war upon their  » wilderness, » their progress will continue to
present the same unfavourable contrast.
The creative or productive power of canals, railways, &c, may be traced
in the history and progress of the State of New York.
The Erie Canal was commenced in 1817, and completed in 1825, at a cost of
7,143,789 dollars, or 1,40O,000l. sterling. In 1817 the value of real and personal
property in the city of New York, was from official documents estimated at
16,436,000l. sterling. In 1825, it was estimated at 21,075,000l. sterling. In 1829,
the population of the State was 1,372,000, and in 1830 the population of the
State was 1,918,000.
The canal was found so inadequate to the traffic, that between the years
1825 and 1835, a farther sum of 2,700,000l. was expended in enlarging it.
Making the total cost to that date, 4,100,000l. sterling.
It has been seen that in the eity of New York—

In 1817, the official value of real and personal property was .. 16,436,000l.
1835,  »  »  » .. 45,567,000l.
Being an increase of 2 3/4 times in 18 years
For the State of New York—
In 1817, the official value of real and personal property was .. 63,368,000l.
1835,  »  »  » .. 110,120,000l.

Or an increase of nearly 47,000,000l. sterling in the value of property
attributed chiefly, if not entirely, to the formation of the canals.
In 1836, the amount conveyed to tide-water by the canal was 697,357 tons.
And on the 1st of July of that year there had accumulated in the hands of
the Commissioners an amount sufficient to extinguish the whole of the outstanding
debt incurred in its construction.
The net receipts from all State canals, after deducting the expenses of collection
and superintendence, for the year 1847, was 449,270l. Villages, towns
and cities have sprung up along its course.

The population of the State, which was—
In 1810 959,949
W a s in 1845 2,604,495
In 1846, the value of real and personal property was estimated at 128,-
It will be seen from the above, therefore, that in addition to the wealth
created for individuals, the canals produce a large annual revenue to the State.
The following extracts from the financial affairs and statistics of some of
the States may be quoted in illustration of this part of the subject:—

Total indebtedness of the State 1st January, 1847 999,654
Credit of the State, lent to railroads 5,049,555
Total liabilities of the State 6,049,209

As security for the redemption of the scrip lent to railroads, the Commonwealth
holds a mortgage on all the roads, and also 3000 shares in the Norwich
and Worcester, and 1000 in the Andover and Haverhill.

Public property, canals, anl railroads, at original cost,.. .. 28,657,432

Receipts from Baltimore and Ohio Railroad 42,402
Ditto from Canal Companies 11,550

North Carolina
Debt of the State, on account of Railroad Companies 1,110,000

Debt contracted for the sole purpose of the construction of Public
Works within the State 19,246,000
Canals, 820 miles in length, cost 15,122,503
Net receipts in 1846, after paying repairs and expenses, 408,916
In 1810 the population of this State was 45,865
In 1820  »  » 581,434
In 1840  »  » 1,519,467
Or tripled nearly in 20 years, during the progress of her canals.

Debt on 30th November, 1845 4,394,510
Total length of railroads finished and belonging to the State, 222 miles.

This State was authorized to raise a loan of 5,000,000 dollars for internal
For the same purpose, Congress granted to this State 500,000 acres of land.
In 1840 the population was 212,267
In 1845  »  » 304,278
Or an increase of 50 per cent, nearly in five years.

1st January, 1847, the public debt was 14,394,940
By the terms of the Act adjusting this debt, it is to be equally divided
between the State and the Wabash and Erie Canal. Of this canal, which is to
be 458 miles long, 374 miles are in Indiana; 174 of this portion are finished, and
in operation. There remain 200 miles to be completed, upon which part about
1,200,000 dollars have been expended by the State. It is estimated to cost the
farther sum of 2,000,000 dollars to complete the entire canal. To cover this
amount, the State is to transfer to trustees 963,126 acres of land adjoining to
or in the neighbourhood of the canal.
The population of this State in 1811 was .. 24,520
 »  » 1830 was .. 343,031
 »  » 1840 was .. 685,086
Or doubled in 10 years.

1847.—Total internal improvement debt 8,165,081
Total canal debt 6,009,187

The population in 1830 was 157,455
 » 1840 was 476,183
Or tripled in 10 years.
The sales of the public lands during one year (1845) in the United
States amounted to 1,843,527
Producing 2,470,298
Or an average of 5«. 7d. sterling per acre.

But to show the effect produced by a canal or railway passing through
property, the following extract may be quoted from the Report of a Board of
Directors of the New York and Erie Railroad Company in February, 1844:—
« The Board find that they have omitted one description of property, which
has heretofore been considered of great value, but the right to most of which
has been lost to the company by failure to complete the road within a certain
period; the most valuable of which consisted of 50,000 acres of wild land in
Cattaraquas county, near Lake Erie, and one-fourth part of the village of
« An offer in writing was made in 1837 by responsible parties to take these
donations, and pay further the sum of 400,000 dollars, provided certain portions
of the railroad were completed within a specified time. »
That is, about 8 dollars, or 33s. 4d. sterling per acre.
In Michigan 461,000 acres were granted by Congress for the endowment
of a university. These lands were selected in sections from the most valuable
of the State. The minimum price of these was at one time 20 dollars, or
4Z. 6s. 8d. sterling per acre, but became lower afterwards: 17,142 acres, the
quantity sold up to 30th November, 1845, brought 21. 9s. per acre.
69,000 acres, devoted to schools, were sold for 11. 7s. per acre.
Such, then, are some of the results of making « war upon the wilderness. »
In New Brunswick there are, according to an official Report of the Surveyor-
General, dated 15th December, 1847, 20,000,000 acres, of which about
6,000,000 are either granted or sold, and 3,000,000 may be considered as barren
or under water; leaving, therefore, at the disposal of the Government, 11,000,-
000 of acres of forest land fit for settlement.
Of the 6,000,000 granted or sold, only 600,000, acres are estimated as being
actually under cultivation.

By a statistical table published by W. Spackman, London, there are—

*See PDF for table
*Voir PDF pour le tableau

In Ireland there appears to be, from the above table, 17,000,000 acres of
ground fit for cultivation, and it has a population of 8,000,000 to support.
In New Brunswick there is an equal amount of ground to cultivate, and
it has only a population of 208,000 persons.
If the land yet uncleared and fit for cultivation be added, which remains
in the northern section of Nova Scotia, and again between the boundary of
New Brunswick and the River St. Lawrence to the east of Quebec, then there
would be a quantity of nearly equal to that of England itself, supporting a
population of 400,000 souls.
It is not too much then to say, that between the Bay of Fundy and the St.
Lawrence, in the country to be traversed by the proposed railway, there is
abundant room for all the surplus population of the mother country.
Of the climate, soil, and capabilities of New Brunswick, it is impossible
to speak too highly.
There is not a country in the world so beautifully wooded and watered.
An inspection of the map will show that there is scarely a section of it
without its streams, from the running brook up to the navigable river. Twothirds
of its boundary are washed by the sea; the remainder is embraced by
the large rivers the St. John and Restigouche.
For beauty and richness of scenery this latter river and its branches are not
surpassed by anything in Great Britain.
Its lakes are numerous and most beautiful, its surface is undulating, hill and
dale, varying up to mountain and valley. It is everywhere, except a few peaks
of the highest mountains, covered with a dense forest of the finest growth.
The country can everywhere be penetrated by its streams.
In some parts of the interior, for a portage of three or four miles, a canoe
can float away either to the Bay Chaleurs and the gulf of St. Lawrence, or
down to St John’s in the Bay of Fundy.
Its agricultural capabilities, its climate, &c, are described in Bouchette’s
works, in Martin’s British Colonies, and other authors. The country is by them,
and most deservedly so, highly praised.
There may be mentioned, however, two drawbacks to it, and only two.
The winter is long and severe; and in summer there is the plague of flies.
The latter yield and disappear as the forest is cleared; how far the former
may be modified by it experience only can show.
For any great plan of emigration or colonization, there is not another British
colony which presents such a favourable field for the trial as New Brunswick.
To 17,000,000 of productive acres there are only 208,000 inhabitants.
Of these 11,000,000 are still public property.
On the surface is an abundant stock of the finest timber, which in the markets
of England realise large sums annually, and afford an unlimited supply of fuel to
the settlers.
If these should ever become exhausted, there are the coal-fields underneath.
The rivers, lakes, and sea-coasts abound with fish.
Along the Bay Chaleurs it is so abundant that the land smells of it; it is
used as manure; and while the olfactory senses of the traveller are offended
by it on the land, he sees out at sea immense shoals darkening the surface of
the water.
For about the same expense, five emigrants could be landed in New
Brunswick for one in the Antipodes. Being within a fortnight by steam from
London, any great plan of colonization could be directed and controlled by the
Home Government.
In case of distress or failure, it would be long previously foreseen; the
remedy or assistance could be applied; or, if beyond these, there would be the
upper country and the far west always open, and ready to receive the colonists.
The present limited population being so generally engaged in the pursuit of
the timber trade and in the fisheries, there is the richest opening for agriculturists.
New Brunswick annually pays to the United States upward of 200,000l.. for
provisions and other articles which she can raise upon her own soil.
Nova Scotia does very nearly the same thing.
Whilst within a few miles’ reach of their own capitals, there is abundance of
land for agricultural productions; these two provinces are dependent for large
supplies of food upon the United States.
Flour is imported from as far as New Orleans.
Wheat grown in the valley of the Mississippi is shipped at St. Louis, and
imported into New Brunswick. It is ground into flour at the mills of St. John, and
furnishes a large share of the bread eaten by the labourers of that city.
There exists, therefore, a good market already on the spot for agricultural
produce; and it would be a strange anomaly, indeed, if a country situated within
three or four weeks’ sail of the markets of England, could not compete with the
growers of produce in the valley of the Mississippi and the countries round the
great lakes in the far west.
One thing, however, is greatly to be deprecated; that is, any sudden or large
emigration without previous preparation.
Before wheat or food of any kind can be grown, the forest has to be removed;
and that is a work of time and hard labour, during which those engaged in it
must be fed from other sources.
With some little previous detailed surveying, the proposed railway can be
commenced both at the Quebec and Halifax ends as soon as decided upon, and
carried on for miles. During which time the further detailed survey necessary
for the remainder of the line, and particularly the portion through the wilderness
might be made, and the line actually marked and cut throughout.
This line, when cut, would form a basis for laying out extensive blocks of
land, and dividing them into allotments for settlers.
It will be unnecessary in this Report to recapitulate all the good effects
produced upon every country in which railways have been established; but
some may be mentioned.
They have become necessary to the age, and that country which has
them not must fall behind in the onward march of improvement and in the
development of its resources. And the longer it is suffered to do so, the greater
and more unfavourable will be the contrast which it will present to the world.
Already in this respect the British provinces of Nova Scotia and New
Brunswick are far behind their enterprizing neighbours.
One of the immediate effects of making this railway would be to place
them in a position of equality. They are now dependent upon them for food.
At the closing of the navigation of the St. Lawrence, if the United States
were merely to prohibit the exports of provisions from their own harbours, the
consequences would be serious to these two provinces. Canada could not
then supply them.
In May, 1847, when the exploratory parties were being formed at Frede-
ricton, and provisions were being forwarded to the woods for their use, there
was a scarcity of flour at St. John. It was said that sufficient for only two or
three days’ consumption remained in that city. The prices rose considerably,
and the scarcity was only averted by the arrival of some cargoes from the
United States intended for Eastport.
The railway, had it been established, would have prevented such a state
of things, and may save it for the future.
For the want of such a communication, Nova Scotia now finds it easier
and more advantageous, notwithstanding a heavy duty of 20 per cent, against
her, to export her great staple of fish to the States than to Canada; whereas,
if the railway were made, it would pass on to the latter, where there would be
an extensive market for it, and flour would be received in return.
Halifax would become the grand emporium of trade for the British prov-
With the assistance of the electric telegraph, an order from Quebec could
be received in a few minutes, and the articles wanted could be sent off by the
next train.
As the vessels now arrive in fleets in the spring, and again in the autumn,
it is a matter of forethought and consideration to the merchant of Canada to
know what he shall provide himself with.
To the intending emigrant it will afford him the choice of any month in
the year to set out for his new country, and if by means of friends previously
settled, his place of abode has been chosen, he can time his arrival so as to
have the shortest possible time to wait until his own crops are ready to supply
him with food.
Arriving now, as thousands annually do, in the spring, when the seed time
is at hand, and the land uncleared, they lose the valuable opportunity of that
year’s crop, and have to wait over, existing, perhaps, upon their little capital
for nearly 18 months, until the succeeding harvest comes to them. To all such
emigrants nearly a year may be saved.
Surprise has sometimes been expressed that out of so many who yearly
land in the provinces so many pass on and become settlers in the States.
To the poor man his labour is his capital, and he must transfer himself to
the place where employment is to be found.
The proposed railway would be such a work as would engage thousands in
its immediate construction. While the stimulus and new spirit it would infuse
into the whole community, now cribbed and confined as it were to their own
locations, would give rise to branches and other works which would employ
additional thousands.
It has been seen that the population of some of the Western States have
doubled and even tripled themselves in the course of 10 years.
The population of New Brunswick is now only 208,000. Her revenue in
1847 was 106,000l. sterling, or 10s. per head.
There is no apparent reason why, if the same facilities of employment and
land for settlement were afforded, that her progress should not be also very
Every emigrant, induced to settle and remain in the country, may be
calculated as producing 10s. annual revenue to the province.
If the formation of the railway increased the population of New Brunswick
by 40,000 persons only, then her proportion of the guaranteed interest would
be covered from that cause alone.
The same might occur also to Nova Scotia and Lower Canada.
It may be asked what is to become of the labourers employed upon the
railway during the winter. This is the season when lumbering or cutting of
timber commences. They might engage in it also. But with the wages earned
in the summer they should be incited to purchase small lots of ground of about
50 acres each.
The labours of the season over, or suspended upon the railway, they could
most advantageously employ themselves in clearing, logging, and improving
their own lots. This they could do to such an extent that in the spring the
women and older children could burn the logs off and put in some sort of crops
for food, such as potatoes, Indian corn, &c.
Mechanics might either do the same, if railway work could not be found
for them, or find employment in the towns.
Another great effect of the railway would be to enhance almost immediately
the value of all real and personal property. The effects produced by the
Erie Canal in doubling and nearly tripling that of the City of New York has
been stated.
Villages and towns would, no doubt, spring up in its course the same as on
the canal. The railway would give them birth. Agriculture and external commerce
would support and enrich them.
But if, by its means, the navigation of the Gulf of St. Lawrence is spared,
what an amount of human suffering and loss of life will it not save.
The losses from shipwreck have been great, but not equal to that arising
from protracted voyages and crowded emigrant ships.
In 1847, 89,738 persons emigrated to the British provinces, of whom 5293
persons perished at sea, and 10,000 are said to have died after their arrival.
This was a most unusual year, and it is to be hoped, by every friend of
humanity, that anything like it will never occur again.
No human means could have saved all this loss of life, but there is, no
doubt, a less protracted voyage, and a more favourable time than the spring
of the year in the St. Lawrence would have prevented some of the fatal results.
The railway established, the passage may be shortened, and the time of
emigration may be selected at choice.
Troops are annually moved to and from Canada. About the close of the
navigation in 1843, a transport, having the 1st Royal Regiment on board, was
wrecked in the mouth of the St. Lawrence. The men got safely on shore, but
there were no roads or means of getting away from the place. By the personal
exertions of one of the officers, who made his way through the woods on snowshoes
to the nearest settlements, and thence to Quebec, information was given
of the wreck, and a steamer sent down to take them off. But for this, the
consequences must have been that the regiment would have had to winter there
in the best manner they could.
Embarking and disembarking at Halifax, all danger and inconvenience
from the Gulf navigation would be avoided. Time and expense would be
saved, and the season might be disregarded.
The mails to and from Canada could pass over British territory exclusively,
and they would be received at Quebec before the steamer reached Boston, and
at Montreal about the same time as it arrived at that port.
In a political and military point of view, the proposed railway must be
regarded as becoming a work of necessity.
The increasing population and wealth of the United States, and the diffusion
of railways over their territory, especially in the direction of the Canadian
frontier, renders it absolutely necessary to counterbalance, by some corresponding
means, their otherwise preponderating power.
Their railway communications will enable them to select their own time
and their own points of attack, and will impose upon the British the necessity
of being prepared at all points to meet them.
It is most essential, therefore, that the mother country should be able to
keep up her communications with the Canadas at all times and seasons. However
powerful England may be at sea, no navy could save Canada from a land
Its conquest and annexation are freely spoken of in the United States, even
on the floors of Congress.
Weakness invites aggression, and as the railway would be a lever of power
by which Great Britain could bring her strength to bear in the contest, it is not
improbable that its construction would be the means of preventing a war at
some no distant period.
The expenses of one year’s war would pay for a railway two or three times
The following extract from the Report of Lord Durham, Her Majesty’s
High Commissioner and Governor-General of British North America in 1839,
is so apposite and just, and bears so strongly upon the subject under consideration,
that it is conceived no better conclusion can be made to this Report
than to insert it:—
« These interests are, indeed, of great magnitude; and on the course which
your Majesty and your Parliament may adopt with respect to the North
American colonies, will depend the future destinies, not only of the million
and a half of your Majesty’s subjects who at present inhabit those provinces,
but of that vast population which those ample and fertile territories are fit
and destined hereafter to support. No portion of the American continent
possesses greater natural resources for the maintenance of large and flourishing
communities. An almost boundless range of the richest soil still remains
unsettled, and may be rendered available for the purposes of agriculture. The
wealth of inexhaustible forests of the best timber in America, and of extensive
regions of the most valuable minerals, have as yet been scarcely touched.
Along the whole line of sea-coast, around each island, and in every river, are
to be found the greatest and richest fisheries in the world. The best fuel and
the most abundant water-power are available for the coarser manufactures,
for which an easy and certain market will be found. Trade with other continents
is favoured by the possession of a large number of safe and spacious
harbours; long, deep, and numerous rivers, and vast inland seas, supply the
means of easy intercourse, and the structure of the country generally affords
the utmost facility for every species of communication by land. Unbounded
materials of agricultural, commercial, and manufacturing industry are there.
I t depends upon the present decision of the Imperial Legislature to determine
for whose benefit they are to be rendered available. The country which has
founded and maintained these colonies at a vast expense of blood and treasure,
may justly expect its compensation in turning their unappropriated resources
to the account of its own redundant population; they are the rightful patrimony
of the English people—the ample appanage which God and nature have set
aside in the new world for those whose lot has assigned them but insufficient
portions in the old. »
And if for great political objects it ever become necessary or advisable to
unite all the British provinces under one Legislative Government, then there
will be formed on this side of the Atlantic one powerful British state, which,
supported by the imperial power of the mother-country, may bid defiance to
all the United States of America.
The means to the end, the first great step to its accomplishment, is the
construction of the Halifax and Quebec Railway.
(Signed) Wm. ROBINSON,
Captain Royal Engineers, Brevet-Major.

August 31, 1848.

Major-General Sir John F. Burgoyne, K.C.B.,
Inspector-General of Fortifications,
&c. &c. &c.



1 See above p. 276 note 1.
2 Canada State Book, I, pp. 420-424.

The Subject of the projected Rail Road between Quebec and Halifax has
for Some time past engaged the consideration of the Members of the Provincial
Administration, and having been entrusted by my Colleagues with the preparation
of a Memorandum explanatory of their views, and for the Consideration
of His Excellency the Governor General I Shall endeavour, to the best of my
humble ability to perform the duty assigned to me.
In a recent Despatch from the R*t Honble Earl Grey, Her Majesty’s Principal
Secretary of State for the Colonies to His Excellency, the Governor General,
His Lordship invites the attention of the Canadian Government to a report
from Major Robinson, of the Royal Engineers, on the proposed Trunk line of
Railway from Halifax, Nova Scotia, to Quebec. This interesting and able
Report has been read with that attention which its importance demands, and
it is most gratifying to learn that a work the Construction of which would
be so desirable in a national point of view is deemed by that Officer to be
not only practicable but likely to prove remunerative.
The Members of the Canadian Government have been most reluctant to
press the Subject of this Rail Road on the consideration of Her Majesty’s
Government, and would probably have forborne to do so still longer but for the
invitation contained in Earl Grey’s Despatch. They feel Strongly that Should
the work be undertaken and completed, and afterwards prove unproductive the
loss must fall principally on the Mother Country, and they have been unwilling
under Such Circumstances to incur the responsibility of urging the Imperial
Government on the Subject. Major Robinson has entered very fully into the
reasons which may induce the Imperial Government to embark in this great
national work, one of the principal of which is that it will open a great field
for Successful Colonization. I shall not venture to enforce the arguments of
Major Robinson being fully convinced that they will have their just weight
with Her Majesty’s Government. I cannot however concur in opinion with
Major Robinson, that the best mode of undertaking this work would be by
making it a Sort of partnership concern between the Mother Country and the
Province of Canada, Nova Scotia and New Brunswick. The Money Can only
be got through the instrumentality of the Imperial Government, and it would
be highly desirable that the work Should be executed by the Officers of that
Government, and that it Should be Entirely under Imperial Controul.
If the Anticipations of Major Robinson Should be realized, and the work
Should prove remunerative, no difficulty would arise. The Imperial Government
could, I Should Suppose—raise a loan with great ease for the required
amount at 3 3/4 per cent, and the railway dividends on the Continent generally
vary from 7 to 10 per cent. But it may be Said that Major Robinson is too
Sanguine, that loss may be incurred, and that the Provinces being deeply interested
in the construction of the work ought to bear their fair Share of Such
As no one, I presume, would recommend the Construction of Such a work
as a mere Mercantile Speculation, its total unproductiveness ought to be provided
for. The question then for consideration is how aid can be afforded by the
The Province of Canada has already contracted a large debt for the construction
of public works which has Seriously impaired its ability to assume
additional charges on its revenue.
When the great line of Ship Canals by which the navigable waters of the
St Lawrence are connected with the Lakes was undertaken, the protective
System was in full operation in England; And it was justly believed that under
the operation of that System the products of the Western States of the
American Union as well as of Canada would pass through those Canals and
the St Lawrence to England. Unfortunately for Canada the change which has
taken place in the Commercial policy of the Empire has a ruinous effect upon
her Commerce and a wide Spread belief prevails among the Canadian people
that unless the British Navigation Laws be Speedily repealed the whole trade
of the West will be diverted to New York. This reference to the Commercial
policy of the Empire may perhaps appear irrelevant to the present Subject,
but it is well to keep in view that Another important interest in British North
America is threatened with the loss of protection. It Seems to be generally
believed that the present protection in favor of Colonial Timber is likely soon
to be withdrawn. Deep as is the interest of Canada in this important trade,
the Sister Province of New Brunswick will probably Suffer even more Severely
from the withdrawal of protection; and I think that it may fairly be urged
upon Her Majesty’s Government—that at such a period of Suffering in the
Colonies, caused too by no fault of theirs, it would not be expedient to propose
any direct addition to their burthens. I think that I am warranted in anticipating
as I have done the removal of the present protection on Colonial Timber.
The Commercial policy of the Imperial Government has been So clearly defined
as to leave no room for doubt that Some modification of the Timber Duties
will Shortly be proposed. Should Such a measure be determined on, it might
be carried out in a mode that would at least afford Some Compensation to the
Instead of reducing the duty on foreign timber, that no1 Colonial Might
be increased from 1/. to 7/6 per load by which means a revenue might be
obtained, Sufficient to meet the interest on a loan which might be raised to
construct the Halifax and Quebec Rail Road.

1 « no » has been scored through and « on » is written above in pencil.

Should the Imperial Government be induced to undertake this great national
worn, the Canadian Legislature would be ready, there can be no doubt, to
transfer to the Imperial Government or its Commissioners, the lands on each
Side of the road to the extent of ten miles in depth where it Should pass
through the public domain, and would also be at the expense of purchasing
all the private property required for the Rail Road Line and for the Station
at the terminus.
Humbly Submitted for the consideration of His Excellency The Governor

(Signed) F. HINCKS,
Ins. Genl

18th December 1848.
All of which is respectfully Submitted.
By Order.

Executive Council Chamber
Montreal, 20th December 1848.



1 See above p. 277 note 2.
2 Canada State Book I, pp. 400-418.

20th December 1848.

This Memorandum is based on the following assumptions: —
1st That the Mother Country contains a redundant population which it is
her interest to have removed to a Country where under a System of free Commercial
intercourse the products of the Soil will be exchanged for British Manufactures.
2d That the British Province of Canada containing, as it does, immense
tracts of waste land Susceptible of profitable cultivator [sic] is deeply interested
in facilitating by every means in its power the immigration of an industrious
3d That it is possible to procure English Capital to promote Colonization
through the instrumentality either of the Imperial Government or of Associations
of individuals in England.
I do not propose to enlarge here on the importance to the Mother Country
of finding means of disposing of her redundant population. It is quite evident
from the Opinion expressed in Earl Grey’s Despatch of the 1st April 1847, and
by influential Statesmen of all parties during the various parliamentary discussions,
as well as from the number of Colonization Schemes which have been
Suggested by parties assuming to Speak the Sentiments of the landed proprietors,
that public attention in England has been Sufficiently directed to the
Subject; and that all that is necessary in Order to obtain valuable Cooperation
is the presentation of some feasible plan of securing an adequate return for the
Capital Which May be required, I confess I do not think that the great value
to the Mouther Country of Colonization, as contrasted with Mere Emigration
has been sufficiently pressed upon public attention in England. The landed
proprietors, though most Anxious to promote the Emigration of their pauper
tenants have Comparatively Speaking but little interest in their places of settlement;
and the Manufacturing and Mercantile classes do not Seem to have given
the Subject much consideration. It is indeed to be regretted that a feeling
seems to prevail very extremely amongst these classes that the Colonies are a
burthen and Source of expense to the Mother Country. For Many years back
the tide of Emigration has Set strongly towards the United States where the
Immigrants find a homogeneous people, ready employment at good wages, a
Salutary climate, and abundance of fertile land at a moderate price. While
Such advantages are held out by the United States it can Scarcely be expected
even if it were desirable that any Sensible diversion of the Emigration Should
take place.
It is however important that the Imperial Government, and the British
Public Should not under estimate the advantages of Colonization as compared
with Emigration.
I have assumed that the Mother Country is interested not only in getting
rid of a redundant population, but in Securing a more extensive Market for
her Manufactures. The Commercial policy of the United States is thoroughly
protective. The duties imposed on British Manufactures under what is Strangely
termed a Free Trade Tariff are 30 per cent ad valorem, and as all charges are
added to the Invoice Value, the real protection is at least 32 1/2 per cent in addition
to the various expenses attending transportation across the Atlantic. The
protectionist party which has lately succeeded in electing the President have
complained most bitterly of this Tariff highly protective as it must be admitted
to be, and the exponents of their Opinion are Strong advocates of prohibitory
duties. The Annual value of the products of the United States is
estimated by Mr Walker, Secretary of the United States Treasury, at three
thousand Millions of dollars, of which one hundred and fifty Millions are
exported — while the interchange of products between the different States is
estimated at Five hundred Millions of dollars. The policy of the United States
is to confine their commerce as much as possible to themselves, and hence it
follows that Emigrants to that Country become Consumers of the domestic
Manufacturers of the United States instead of those of Britain. Canada, on
the other hand is so situated that She must persevere in a free trade policy,
the effects of which must be that her people will be extensive consumers of
British Manufactures. At present the average consumption of British Manufactures
in the United States does not exceed $3 per head of the population,
while in Canada it may « Safely be estimated at $8. Surely this fact ought to
convince the British Manufacturing interest of the importance of encouraging
emigration to Canada in preference to the United States.
If I have felt it unnecessary to enlarge on the importance of Emigration
to the Mother Country, I need Scarcely dwell on the great advantages which
could Accrue to Canada from the Immigration of the really industrious classes
of the population of the United Kingdom. It is much to be regretted that of
late years, especially Since the introduction of the Poor rate System into Ireland,
Sufficient care has not been taken to prevent the Emigration of a class of
paupers who are unable either from age or bodily infirmity to labour for their
Support. Those charged with the administration of the poor laws are naturally
anxious to relieve themselves of the burthen of Supporting Such persons, and have
in numerous instances paid their passages — leaving them to undergo the fate
of paupers in a strange land. The influx of Immigrants unable to labour has had
a tendency to check the Strong feeling in favor of immigration which would universally
prevail in Canada if greater care were taken to prevent the emigration
of Any but healthy and able bodied men and women. It has been found necessary
to Make Stringent provisions in a late Act of the Provincial Parliament for
preventing the destitute Emigrants from becoming a burthen upon the Colony,
and even with all these provisions the expenses of the Department will exceed
the Amount of the Immigrant Tax. It is proper that I should State my conviction
that the character of the Emigration of the present year has been on
the whole Much Superior to what it was in the years preceding. I have referred
to the Subject because many labour under the erroneous impression that
in passing the Act to which I have referred, the Provincial Legislature was
actuated by a desire to check immigration into Canada.
I proceed to consider the feasibility of adopting a plan by which
Emigration to Canada can be promoted by means of British Capital to be
obtained through the instrumentality of the Imperial Government or of Individuals.
The great disadvantage under which Canada labours arises from the
want of the Capital required to construct those Public Works which have become
almost indispensable as auxiliaries to the Canals in Securing the Western trade.
The Capital which has been invested in Rail Roads and other public works
in the United States has been obtained to a great extent in England where, most
assuredly, whatever May be the cause, a preference has. always been given to
American over Canadian Securities. But the resources of the people of the
United States are of course much greater than in Canada. One of the results of
the protective System has been that Capital has been accumulated in the Atlantic
Cities, and that to a considerable extent it has been made available for Commercial
enterprizes. In Canada the increase of wealth has been very rapid, but as
the effect of the Colonial System has been to encourage Agriculture, it has been
Much More generally distributed, And the Acquired Capital has been invested
in fixed property or in Stock. As an evidence of the great increase of wealth in
Upper Canada, I may cite the following facts. In the ten years from 1827 to
1837 the number of acres of cleared land increased from 662607 to 1,383,046,—
and in the ten years ending in 1847, to 2,673,698. The money price generally paid
for clearing and fencing land is ten dollars per acre; And I think therefore it
may be fairly estimated that Capital and labour were invested in cleared land in
Upper Canada to the Amount which at that price this land would be worth.
Taking this calculation as a fair one the increase in the wealth of Upper Canada
in cleared land would be— £1,801,097 during the ten years ending in 1837 and
£2,673,698 in the ten years ending in 1847. But besides this great increase of
wealth among the people of Upper Canada from the clearing of land there has
been a proportionate increase in the Number of houses, and in Stock of various
Kinds; and also a very large amount must have been expended in the purchase
of waste lands. It is not that Capital has not been Accumulated in Canada, but
that the Savings of an Agricultural population have been expended in fixed
property and Stock instead of in those commercial enterprizes in which the
Savings of other classes are more generally invested. One of the consequences of
the want of Capital to which I have adverted has been that the Legislature has
been under the necessity of undertaking a Series of important public works on
the Credit of the Province and has thus Contracted a debt which, though not by
any means so large as to afford ground for Serious embarrassments, is nevertheless
sufficiently so to render it inexpedient that it Should embark at present in any
further Speculations. It must be borne in mind that the Most important of these
works, viz: the great chain of Ship Canals Comprising the Welland, Cornwall,
Beauharnois and Lachine were undertaken with the view of Securing to the S*
Lawrence the carrying trade of the Western States. When the construction of
these Canals was undertaken the Colonial System was in full Operation, and No
doubt existed then, nor can Any exist now; that had that System remained in
force, the Canals would ere this have yielded a Considerable revenue. And even
under the altered Circumstance which now exist, there is no just Cause for
despondency. It is not doubted by those who have the best means of information,
and who are themselves engaged in the carrying trade, that so soon as the
Navigation Laws have been repealed, the Superior cheapness of transit and the
Much greater rapidity with which produce can be conveyed through our inland
waters will more than compensate for the disadvantages under which our Shipping
Ports labour as Compared with the Atlantic Cities of the United States. It
is confidently believed by Many whose opinions on Such Subjects are entitled to
great weight that not only will the revenues of these Canals be sufficient to
relieve the Province of its entire debt, but that at no very remote period the
whole expenses of the Government may be defrayed from tolls levied chiefly
from foreigners, and that the duties now levied on imports May be altogether
I am far from wishing it to be understood that my own expectations are so
Sanguine, but when I witness the immense traffic on the Erie Canal, and Know
that its projectors were generally considered most extravagant in their ideas
although they themselves never ventured to Speculate on such a result as has
actually taken place, I confess that I should hesitate to declare Myself one of
those who have no confidence in the Canals as a Source of immense revenue
hereafter. At present, however, the public works generally are only to be relied
on as furnishing a very small portion of the revenue, and as even were the most
Sanguine expectations of their productiveness to be realized, the faith of the
Province is pledged to provide a Sinking fund for the redemption of the debt
guaranteed by the Imperial Parliament, I am Clearly of Opinion that the Canadian
Legislature ought not, under existing circumstances, to undertake new
works of any great Magnitude.
It remains than to be considered whether any plan can be devised for
facilitating Immigration by providing a market for labour. I have already
stated that the tendency Among An Agricultural population is to invest their
Capital in land, and I have cited facts in Order to illustrate the extent to which
this investment has actually taken place in Upper Canada. I am aware that an
Opinion prevails extensively in England that the best policy to be pursued in the
disposition of the public lands is to charge a high price and to employ the proceeds
in improving the Communications. Without entering into a discussion which
would be wholly irrelevant as to the expendiency of adopting Such a System in
other Colonies, I may express my conviction that it cannot be carried out in
Canada where the Government would be exposed to Competition with the United
States, in which country the public lands are Sold at very moderate prices, and
also with the Land Companies and private individuals. While I do not think it
possible to charge very high prices for land, I would be far from advocating a
general System of free grants. I think however that on a moderate Scale, free
grants can be Made conducive to Immigration as well as beneficial to the Land
Revenue. The Province is in possession of immense tracts of wild land which are
at present unproductive. By Opening roads and making free grants of 50 acres
to each actual Settler, the value of the tract is at once greatly increased, while
by the removal to the new Settlement of a portion of the population, room is
made for the Immigrants who are themselves1 unable from want of means to avail
themselves of the privilege offered to them by the free grant System.
Here then is one Mode of providing a Market for Immigrant labour. The
Capital saved by the Agricultural population and which always has been and
probably for a very long time always will be invested in land, is directed to a
Spot where its employment will add to the value of the public domain; thus
rendering it available as a good Security for borrowed Capital—while at the
Same time a large quantity of labour is taken from the Market which can only
be Supplied by the Immigrants.
This System of free grants, though by Many believed to be improvident, is
just such a one as would be adopted by any extensive land owner.
My belief is that there is hardly An individual owner of a 200 Acre lot
situated in the new settlements who would not make a free grant of 50 acres
to any industrious Settler who would undertake to improve it, justly calculating
that he would realise more in the remaining 150 acres owing to the improvements
of the Settler, than he would by allowing the whole 200 acres to remain a
wilderness for an indefinite period.
I need not point out that the Province has Opportunities of Carrying out
such a System with advantage which no private individual Can have.
The next mode by which I think that labour can be employed is by the
construction of public works. . These are of two kinds—those which may be
considered as rather of a local character Such as Macadamized and plank roads,
bridges, harbours &c, and others of a More general description, Such as Rail
Roads and Canals.
There is now, I think a widely prevailing Opinion that the Provincial
Government has erred in undertaking works of a Strictly local character; at all
events no doubt can exist that great dissatisfaction prevails among the people
in the less favoured localities at what they justly considered the partiality of
the Legislature. And yet it was expected that .all the works which have been
undertaken would at least pay the interest of the Money expended on them.
Had Such been the result no just cause for jealousy would have existed, and
the System might have been adhered to or abandoned as circumstances might
have pointed out without injustice to any Section of the population. But as
these works have turned out unproductive in point of revenue, while they have
been of the greatest advantage to the Several localities in which they are
Situated, intense dissatisfaction prevails in those districts which have been
neglected, and the Inhabitants of which have to bear their Share of the charge
in the general revenue without in any way benefiting by the works. This
dissatisfaction has led to further Parliamentary grants for local works, thereby
increasing the embarrassments of the Government without in any Sensible
degree removing the discontent of the people at large. I feel persuaded that
an end Must be put to these local grants, but as it is of great importance in
every view of the Subject whether as a means of employing labour profitably,
or of Opening up new Settlements, or of improving existing Communications,
that local works should be prosecuted, I am of Opinion that the Government
Should endeavour to relieve itself of the charge of all Strictly local works, by
handing them over to the Municipal Bodies, upon conditions to be agreed upon;
and that express legislative provisions Should be Made with a view to establish
the Credit of the various Municipal Bodies, and to enable them to borrow
Money on the Security of a direct tax sufficient to meet the interest of the
debt, and to provide a Sinking fund for its redemption. Such provisions will
be embodied in the Municipal and Assessment Bills for Upper Canada, where
Municipal Institutions are in Successful Operation. In Lower Canada, owing
in a great degree, as I believe, to a defective System, these Institutions have
hardly become So well established as to encourage a hope that they can be
Speedily worked with a view to the object at which I have just pointed. In
Upper Canada the people are already taxed for local purposes through the
District Courts to the extent of about £75,000 per annum, and they would,
I am inclined to think Most cheerfully pay higher taxes for improvements
calculated to benefit the localities. In the prosecution of these improvements
which will be undertaken either out of the resources of the inhabitants of those
localities themselves, or by means of loans raised on their Credit, there will
be a very considerable demand for Immigrant labour.
I proceed now to consider the Mode of providing for the Construction of
works of a More general and important character—such as railroads and canals.
I have explained, I trust, with sufficient clearness that however willing the
Provincial Legislature might be to facilitate the Construction of such works, it
would not be justified, under existing Circumstances, in pledging the revenue
to any further extent.
That revenue will not for some years at all events be more than adequate
to Meet the Necesary Annual expenditure and the interest of the debt, and
to provide for the Sinking fund which has been Specially appropriated to the
redemption of that portion of the debt guaranteed by the Imperial Parliament—
(Sec. 28.).
But though for the reasons just stated the Province may be compelled to
confine its efforts to the completion of the great line of Ship Canals, in the
Success of which it is So deeply interested, Several works of great importance
have been projected, for Some of which Acts of Incorporation have been obtained,
under which operations have been commenced. The only Canadian Rail Road
that has yet been fairly tested, is that which connects the St Lawrence with
Lake Champlain, and it is gratifying to be able to State that it has been Most
Successful, the dividends having been equal to those generally in the United
States. The Rail Road between Montreal and Lachine has also been Completed,
but the Shortness of the line (9 miles)—and the heavy expense to which the
Company was Subjected for property at the terminus has been against it. Its
profits however during the first year, were, I have been given to understand,
equal to almost 3 per cent on the expenditure. The Montreal and Portland
Rail Road has been Commenced, and has been Completed as far St Hyacinthe
a distance of about 30 miles. This is a work of the greatest Provincial importance
as it will open an extensive Market for Western produce all of which will
pay toll on the Canals. In connection with this work May be Mentioned the
branch line from Quebec to Sherbrooke which, Should the Rail Road between
Halifax and Quebec be constructed,—would be almost indispensible. The
improvement of the Quebec Harbour is the next work to which I shall direct
attention. The opening of the St Lawrence Canals is likely to cause a considerable
increase of trade to Quebec, and docks and wharves are Much
required. The harbour of Montreal was improved some years ago by means
of a loan raised through Commissioners appointed by Government for the
purpose, and it is Satisfactory to be able to State that the revenues have
been Amply Sufficient to meet the interest. Quebec would be one of the most
important points at which public works could be undertaken. Immigrants
would be able to find immediate employment on landing, and would soon earn
Sufficient to enable them to proceed Westward if so inclined. A Canal has
been projected to connect the St Lawrence with Lake Champlain—the works
to be of the Same dimensions as those on the St Lawrence Canals. It is confidently
asserted that this work will be undertaken by a Company under an
Act of Incorporation. Its importance would be very great. Like the Portland
Rail Road, it would open an immense Market for Western Produce, all of
which would pass through the Provincial Canals. It is proposed to continue
the Rail Road now terminating at Lachine, to Grenville on the Ottawa. This
also would be a work of very considerable importance, connecting as it would
the Capital of the Province with the extensive territory of the Ottawa, which
is being Settled with great rapidity.
The works to which I have referred are those which have been commenced or
projected in Lower Canada. I have not mentioned the Halifax and Quebec
Rail Road, looking on that as a great national work which must be considered
Separately, and not in the light of a Mercantile Speculation.
In Upper Canada, the work of the most considerable importance is the
Great Western Rail Road which is intended to connect the Great Eastern and
Western Rail Roads in the States of New York and Michigan at the Suspension
Bridge near the Palls of Niagara. This Rail Road would pass through one of
the Most fertile regions in North America, and there can be no reasonable doubt
that it would be very productive. A Company has likewise been incorporated
to construct a Rail Road between Toronto and Lake Huron, which would
Connect the old Capital of Upper Canada now a City with nearly 25000 Inhabitants,
with Lake Huron.
The Cost of these works May be estimated at the round Sum of £3,500,000
Sterling. Great expectations are entertained with regard to their productiveness,
and there can be no doubt that the Construction of all or any of them would
lead to the employment of a Considerable amount of Immigrant labour.
It is believed that with reasonable Encouragement Several of these works
might be completed. The question for consideration is how loans Might be
Made with perfect Security to the Capitalist. I think that if parties in England
who are friendly to Emigration would make exertions to obtain the required
capital, it Might with perfect Safety be lent at 6 per cent to Companies incorporated
by the Legislature for the construction of any of the works to which I
have referred, provided Such Companies Should have raised and expended on the
respective works one half of the Amount required to complete them. The
interest on the Debentures of Such Companies being a preferential claim, the
Capitalist would be Secure of receiving 6 per cent if the profit on the Capital
expended should be 3 per cent. The profits on the American Lines and on the
St Lawrence and Champlain Rail Road in Canada, have been from 7 to 10 per
Cent. It appears clear therefore that the furtherance of an extensive Scheme
of Colonization May Safely be combined with the profitable investment of
The money to be expended on the works being double the Amount of the
proposed loan, the employment of the labour would be very considerable, and
the rate of wages in Canada being high, the labourers would be able to save a
sufficient sum during the progress of the works to enable them to become Settlers
on the land.
It remains to be considered finally whether any Means exist of inducing
Her Majesty’s Imperial Government to aid in the construction of the works to
which I have referred. The Despatch from Earl Grey to the Earl of Elgin &
Kincardine dated 1st April 1847 Affords grounds for hope that with a view of
promoting colonization Such aid Might be extended. In this Despatch His
Lordship Says:—  » I am of Opinion that the Mode in which Colonization May
 » with Most prospect of success be promoted is by the Application of any money
« which May be hereafter granted or advanced by Parliament for the purpose
 » in Opening land for Settlement by making such improvements as I have
 » described, or by constructing public works of a More important character Such
 » as Rail Roads or Canals. » His Lordship further declared in the Same
Despatch, that if a practicable Scheme could be devised for facilitating the
Employment of Immigrant labour  » Her Majesty’s Servants will not be Slow
 » to propose nor judging from the Opinions generally expressed would Parliament
 » be slow to sanction the Employment of the pecuniary resources of the Country
 » in furtherance of Such An Object. »
It is respectfully Submitted that loans Might be made with perfect safety
and without any risk of charges on the Imperial Treasury to Companies incorporated
for the construction of the works above described, and which Should
have completed from their Own resources one half of Such works.
I have already stated the reasons which compel the Provincial Government
to decline placing any fresh charge on the Consolidated Revenue Fund. The
Province has undertaken the construction of a line of Ship Canals unsurpassed
probably by any in the world. These Canals are not fully completed, and are
as yet unproductive. They were commenced long prior to the change in the
Commercial Policy of the Empire, and with the expectation that under the
protective System then in force the products of the West would be carried to
England via the St Lawrence. A large debt having been incurred for the
Construction of these works, a portion of which has been guaranteed by the
Imperial Parliament, it is not deemed prudent to place any Considerable charge
on the Consolidated Revenue Fund at present. A mode however exists by which
the Province can evince the Sincerity of its belief in the eligibility of these
works as a Security for loans. It is proposed to provide by legislative
Enactment next session for the creation of an efficient Sinking fund for
the redemption of the present debt including of course the Imperial Guaranteed
Loan. I have full confidence that the Revenue of the Province under the new
Tariff will be Amply Sufficient for this object and for Meeting all other charges
on the Consolidated Revenue Fund. It is further proposed to Capitalize the
funds arising from the Sales of Crown Lands as has been done with regard to the
Clergy Reserves, and to devote the interest accruing from the investment to
educational and other purposes. These funds Could not be More advantageously
invested than on Such Securities, as the Debentures of the Companies
incorporated for the Construction of the works which I have described, and I
therefore conceive that if Her Majesty’s Government would obtain the Money
required, the Crown Lands would afford a perfectly reliable guarantee — for the
proposed advance. It is of course difficult to estimate the value of waste lands
and even more difficult to calculate when they will be sold — a few facts
however May be Stated with reference to the Subject. It has been hitherto
impossible to make the proceeds of the lands available for investment owing
to the claims of the U. E. Loyalists and Militia Men which having been converted
into Land Scrip receivable in payment of all Crown Lands absorbed the
whole Amount of the Sales. During the last four years claims to the extent of
£220,000 have been settled by Means of this Scrip. This Amount would of
course have been available for investment but for the existence of these claims.
The Scrip issued has now been very nearly all paid in, and the out-standing
claims which are of no great magnitude will be very Speedily extinguished.
The whole quantity of Clergy Reserves Lands was 2,395,687 acres: of this,
little more than one third has been Sold, and it has produced upwards of
£600,000, all of which is now bearing interest. The public domain consists of
about 200 Millions of acres. In making a rough estimate of its value I only
take into account Such of the Unsurveyed lands in Lower Canada as are within
15 miles of the Seigniories and townships, and in Upper Canada the lands in the
Huron Territory and on the Ottawa. This may be estimated at 16,000,000
Acres a Million of which is valuable land. The remainder is all estimated at
less than 2/6 per acre. I think that these lands May very fairly be considered
as likely to produce £2,000,000. Their Value would be increased Materially by
the Construction of public works in the Province, and they would afford the
means of providing an efficient Sinking fund for the repayment of any loan
raised by the Imperial Government. To that purpose they might be Specially
devoted by Act of Parliament
I have not ventured to suggest in this Memorandum any plan of promoting
immigration which would involve the Imperial Government in expense. I haye
pointed out first a mode by which the Province is able, through Means of its
waste Lands to provide for the Employment of a great amount of labour; —
2a I have Shewn that the contemplated Measures of next session for improving
the Municipal Institutions and the System of assessing property in Upper
Canada will have the effect of Stimulating the local Corporation to effect improvements
either from their Own resources or by obtaining loans on the
Security of taxes the payment of which will be enforced by the laws of the
Province; 3r a I have suggested that to facilitate the construction of eertain large
and important works of provincial importance, loans might be Made by English
Capitalists with perfect Safety to Such Companies as Should have expended
from their own resources one half the amount required to complete the respective
works. And finally I have Suggested that Her Majesty’s Government might
be induced to promote the Construction of these works in Order to facilitate the
Employment of Immigrant labour, in which case in addition to the Security of
the works themselves, the proceeds of the public lands of the Province might be
speedily appropriated to form a Sinking fund for the redemption of the debt.
All which is humbly Submitted for the consideration of His Excellency the
Governor General.


[Minute: — ] Mr. Blackwood 3

This Memo has been printed for the use of the Govt. I wd. suggest that the
present Copy of it be retained among Lord Elgin’s Correspondence this year,
as the Paper is one whh may be required for future reference and certainly
deserves to be kept on Record.

T. F. E.4

11 Novr.

1 See above pp. 186, 225, 235, 236, 244, 252, 259.
2 This document is taken from the Colonial Office Records. C.O. 42 vol. 55. (Printed).
3 This Minute is found on p. 2 of the document.
4 T. F. Elliot


Memorandum on Colonel Tulloch’s Plan for the formation of a Corps of Military
Labourers in the Colonies, for the purpose of considering how far the
Scheme might be made applicable to Canada

THE plan is founded upon a supposed necessity for, or want of, public
works, particularly roads and bridges.
2nd. Upon a supposed difficulty of procuring an adequate supply of labour,
and upon the high price of labour.
3rd. Upon the advantage of providing cheaply for the defence of the colony.

In Canada there is a great want of public works, not, however, of the
character spoken of by Colonel Tulloch. It is true, that although in many of
the better settled parts of the country, the macadamized and planked roads are
good, in other parts, even of the settled country, the roads are in a bad state,
and there are continual demands for public money for the construction of new
roads, or the improvement of those already in use. Notwithstanding this, I
think the construction and improvement of these ordinary communications are
not beyond the ability of the people of the settled portions of the province.
In Western Canada the Municpal Councils have the power of taxation for this
purpose, and the people are by no means unwilling to submit to tolls upon
roads of a superior character. The delay in making these roads is not caused
by a want of an adequate supply of labourers, but by a want of money, which
makes the improvement more gradual than the people would wish. Rapid
improvement is taking place, nevertheless, and it becomes more easy as the
population, composed of tax-payers, increases, and as the prosperity of the
farming population advances. These common communications being, therefore,
within the power of the people in the settlements, or rather in the portion of
the country which may be considered settled, are not the great want of the
people for which they are forced to look for extraneous assistance. The great
want is for railroads, which being of much more expensive character, are
beyond the means and credit of the present inhabitants.
In the United States, railroads are in the course of construction in all
directions, many of them appeared to me unpromising as compared with sites
for railroads that have been spoken of in Canada. These railroads in the
United States are the results of private enterprise, and the success of one
occasions the undertaking of many. Probably large investments of foreign
money are made in these works, but the great bulk of the capital invested is, I
believe, American.
The American capital, thus invested, is found in the large Atlantic cities.
These cities, the outlets of the trade of the vast interior, have become wealthy,
and accumulated capital in the United States, not being, as in England, invested
in the acquisition of large landed estates, seeks, when it is withdrawn from
active mercantile pursuit, employment and investment in public works, from
which regular income can be derived.
The United States’ tariff of duties, whatever may be pretended to the contrary,
is protective, and intended to be protective of home manufactures, and has,
perhaps at the expense of the consumers of manufactured articles, tended to
accumulate capital in the Atlantic cities. The capital actually employed in the
import trade is, in a great part, English; the profits of that trade become fixed
capital in the United States, and is disposable for investments in public works;
and added to these monied resources disposable for the purpose of improvements,
there is yearly a great importation of money by means of wealthy emigrants.
Whether I have succeeded or failed in tracing the sources from whence
capital is derived for the construction of expensive communications in the
United States, there can be no doubt that, for this purpose as well as for any new
enterprise, money is readily to be obtained, and thus railroads are constructed,
steam-boats are built, mines are worked, not through the means of monied
resources possessed by the localities, where the money is expended, but through
the capital derived from the great commercial cities, which capital is probably
derived from the accumulated profits of extensive and lucrative commerce, more
than from any extraneous source.
American capital naturally does not seek investment in Canada. Canada
does not possess commercial cities like Boston, New York and Philadelphia.
The profits of the great branches of Canadian trade, such as the fur trade, the
timber trade, the shipping trade, and even the import trade, have been concentrated
or become fixed capital in the mother-country. The merchants who have
accumulated fortunes here were partners in English or Scotch houses, who have
generally returned home to enjoy the fruits of their labour. In short, our great
merchants, if such a term can be used as applied to Canada, have either not
been residents at all, or else have been residents temporarily. The exceptions
to this rule have been no doubt many, but these have found abundant employment
for their savings, or accumulated capital, in the banks of the province,
preeminent on this continent for their soundness, honesty of conduct and
stability, or in investments in real estate, to which they were forced, by a necessity,
not in the end unprofitable, of realizing debts in land in place of money. The
natural consequence of this state of things is, that in Canada we have little
accumulated capital ready for investment in new enterprise; and the want of
this has given us the character of not being enterprising in comparison with our
Very much has been said and written on the want of energy and industrial
economy on the part of the French inhabitants of Lower Canada. They have
their faults in this respect; they are not ready in the adoption of improvements
in agriculture which their country and climate require, neither are they prone
to engage in commercial enterprise. Nevertheless they are industrious, contented
and economical. Their want of the roving disposition of the Americans,
and the consequent increase and thickening of the native population, has stood
much in the way of the ready reception of an emigrant population into the part
of Canada nearest the seaports. This closeness of population, and consequent
reduction in the price of labour, ought, one would suppose, to have rendered
farming on a large scale more profitable, and increased the value of landed
estate, as well as caused capital to accumulate, though it might not better the
condition of the whole body of the people. A wealthy class of emigrants it
might be supposed would find it their interest to purchase land, and settle in a
country where the population are willing to labour at moderate wages, and
where, as agricultural servants, the labouring classes are especially faithful and
industrious. I have no doubt but this state of things would have arrived if it
were not for a calamity which few countries have suffered under, and which has
never been borne in any with the patient submission to a providential visitation
exemplified in the case of the Lower Canadians. About the year 1830, the
wheat fly began to attack the crops in Lower Canada, and has continued its
ravages ever since; so that a country which even before the end of the last
century, exported wheat largely, besides feeding its own population in abundance,
was obliged, even for the support of its town population, to import from Upper
Canada and the United States. It is only within a few years, discoveries have
been made of varieties of wheat, and seasons of sowing, by which this pest can
be avoided; and this present je&r, abundant in harvest, gives the first fair
promise of a plentiful future. The loss occasioned to the country, by the failure
of the principal article of agricultural produce which would command a market,
is incalculable; the condition of the farming population has by this long continuance
of misfortune been deplorably reduced; and if, under these circumstances,
a population which, had they been Americans, would have emigrated,
has gone on increasing in numbers, accumulation of capital amongst them has
therefore been impossible, and enterprise by means of capital in the hands of the
agricultural population out of the question.
In Upper Canada, the inhabitants have been eminently prosperous; but it
must be remembered that since the close of the last war with the United States,
the population has been multiplied by ten times; that this increase has arisen
from an immigration of poor people, who, however they may have become rich
in comparison with their original condition, have not had time to become so in
money, and particularly in the disposable monied capital available for great
improvements. Their cities and towns have been built up with money accumulated
in a short period of time; the forest has been changed into farm land, and
handsome houses and barns, mills, tanneries, breweries, distilleries, and some
home manufactures, have taken the place of the first huts of the settlers. This
is not a people amongst whom, however prosperous they might be, great abundance
of money could be expected. All they could gain by industry, and all
imported in the course of occasional intercourse of emigrants with money, has
been insufficient for common purposes; and it is not amongst such a people
that the means of originating and carrying out great enterprises from private
means could be expected to be found.
It is not amongst the class in the United States, which, as a class, may be
compared with the whole population of Upper Canada, that these means are
found; but, on the contrary, they are in the hands of the inhabitants of the old
and wealthy cities, who find in the new country and amongst the country population,
and in the new cities and towns of the interior, and the communications
which they require, a means of investment, safe and profitable; and which, in
the United States, as I before observed, almost exclusively offer a mode of
employing accumulated fortunes withdrawn from mercantile pursuits.
In the United States, all the duties received from a high import tariff are
required by the General Government of the Union; much of the direct taxation,
also comparatively high in the several States, is required for the support of the
State Government. The remnant of the latter is applicable for the construction
of public works, or as the foundation of the credit upon which these are undertaken
by the States, when the works are public.
In Canada, on the contrary, the whole of the revenue arising from duties
on imports is applicable to what, in the United States, would be called State
purposes. The extent of the frontier in comparison with the depth of the
settled country, makes it impracticable, if it were desirable, to have a very high
tariff; but, after the support of the Colonial Government, and after paying for
the administration of justice throughout the country, and even after a large contribution
towards the education of the people, a large surplus remains applicable
to public improvements. This surplus, though liable to variation according to
the fluctuations of commerce, is continually on the whole increasing, and must
increase, without raising the tariff, with the increase of the population, and the
consequent increase in the consumption of imported articles.
The whole of the direct taxation in Canada is applicable to public improvements.
This absence of disposable capital in private hands, and the presence of
public revenue beyond what the necessities of Government lequire, leads us to
expect the existence of the state of affairs which is really found. It is no
reproach to individuals, that they do not engage in great enterprises, when in the
nature of things they cannot have acquired the means of doing so; and it is but
natural to expect that in the expenditure of the resources which public income
and public credit could command, great future good to the whole community
should have been sought for; that an ambitious and disproportionate greatness
of design should be exhibited and that calculations of immediate return, inseparable from private enterprise, should be overlooked, or either designedly or unadvisedly disregarded.
It is impossible for anyone to look upon the great canals of the Welland
and St. Lawrence, and to regret the expenditure of the three millions of pounds sterling by means of which they have been constructed. The benefits which they confer upon the country, and those they are likely to produce, can scarcely be overrated. But considered as an investment of money, their results would have been ruinous to the undertakers, had they been the product of private speculation. The interest of the money borrowed for the construction of these great works is cheerfully paid from the public revenue. Had the protective
system in force in England at the time of the projection of these canals continued to prevail, the public revenue would as speedily have been relieved, from the burden. The canals would then probably pay for themselves, or be rapidly in a way of doing so. Under present circumstances, these works becoming self- paying, depends, in a great measure, upon our securing a portion of the trade of the western States of America, through the superior cheapness and rapidity of transit, which cannot be equalled by any of the American routes. Public expectation is high in this respect, and is encouraged by those who are the best
judges in these matters. I agree in the general hope of a favourable result, but
there are so many things in the way of commerce which ought to take place
and which perversely will not, that I am not prepared to risk my small credit as
a politician, by anything like a positive assurance that the canals will be a paying
speculation. I did not think they would so turn out when they were projected.
The Welland I conceived should be constructed whether it was remunerating or
not in the way of tolls. The St. Lawrence canals I regretted to see undertaken
on their present scale of greatness; but then I admit that I did not expect the
extraordinary result in the way of cheapness and rapidity of transport which
is now demonstrated, and it may be the remnant of old prejudice, when I refuse
to make myself responsible for an assertion that the public finances of the
country may by anticipation be considered free from the burden occasioned by
this great public work.
The canals are already paying a portion of the interest of the money
expended in their construction; the proportion they pay must increase, indeed
it is increasing, but whether it ever will increase sufficiently to disembarrass the
public revenue or not, I cannot now see the nature of the trade establishing itself
in these waters, and yet regret the outlay. It is no trifling or inconsiderate
event for a vessel of 300 tons burthen to leave the tide waters of the St. Lawrence,
and to head the sources of the Mississippi in the far west State of Illinois,
and it cannot be a matter of indifference to the Canadian farmers of the Lake
Erie country, that their produce can be transported to the sea at one-fourth
part of the expense of former times; therefore, even though the canals on the
great course of the St. Lawrence may possibly be a continuing burden upon the
public revenue, I cannot regret their construction, neither can I be blind to the
fact that without them this province would be now helplessly dependent on the
United States for the means of transport to the sea, instead of meditating an
inroad on the great and profitable commerce of that country.
A large amount of money has been expended upon improvements of minor
importance; some of them return yearly payments in the way of tolls, equivalent
to the interest of the money expended in their construction, some are even more
profitable, others do not pay, but are of importance as conducing to the prosperity
of the country. The public debt has been increased by means of all this
outlay, on the whole not in an unwise or extravagant manner, but still the
expenditure has not been made with the close calculation as to money returns
which would have accompanied private investment.
The sum of 1,500,00l. sterling raised on the guarantee of the Imperial
Government, was supposed at the time the project was proposed, to be a sufficient
amount to complete the great canals then undertaken, and some other
works in progress. The money was raised on terms most advantageous to this
country, the sum procured on the siale of the loan having turned out to be con-
siderably larger than the capital to be repaid, and for which interest is chargeable
on the public revenue. But unfortunately, the whole sum borrowed is not
quite sufficient for the purposes intended, a further amount of about 250,0002.
is required; and this for the completion of works which cannot be left unfinished,
and for the fulfilment of contracts which cannot be broken. The consequence
is, that for the last twelve months, money has necessarily been abstracted from
current revenue, not calculated to pay more than interest and a small sinking
fund, and of late the Government has been forced to the issue of debentures in
the nature of exchequer bills, receivable in payment of duties, thus anticipating
accruing revenue. The embarrassement produced by this state of affairs may
be easily understood. The money market in England has not been in a condition
of late to enable the province to borrow on its own security even the small sum
required to complete what has been begun; and I cannot look without some
apprehension to the possibility of an inability on the part of the Government to
meet the interest on the debt, in addition to small amounts of principal which
have been lately paid and which from time to time fall due.
This demand for money for public purposes, happening at a time of
unparallelled depression in trade, and consequent failure in revenue, is peculiarly
The connection of these statements with the branch of the subject of this
Memorandum now under discussion, may not be very obvious. Perhaps the
general deductions from the facts I have mentioned, would have been as satisfactory
as more lengthened detail; but wishing to inform those who are strangers
to local affairs in this country, and who have not leisure or opportunity to
inquire into them, I have thought it necessary to establish the facts upon which
I found allegations of a peculiar condition of affairs in this province, which may
be favourable or unfavourable to the proposed plan, or to any others which may
be suggested.
My deductions from the foregoing facts are as follows:—
1st. There is an absence of capital in private hands, applicable to enterprises
involving large expenditure.
2nd. There is good reason why this province should, by means of its large
disposable public revenue, have endeavoured to compensate for the want of
capital in private hands.
3rd. Money expended by the legislature, in the way of investment, is not
expended with the close and sole view to immediate profitable return, always
found in private investments.
4th. The money expended has been of vast general benefit to the present
condition, and to the future prospects of the country.
5th. The money expended has not produced return of money to the public
chest, and the outlay has been and is likely to be for a considerable period, a
burden upon the public revenue.
6th. The public revenue is able without such return to meet the interest
upon the public debt, and in time to pay the principal.
7th. This can be done without any serious burden upon the people, and
upon a scale of duties very low in comparison with those of the United States,
with which country the best comparison can be made.
8th. The income from the public works, notwithstanding that it has been
injuriously affected by the depression in commercial affairs, caused by the
change in the commercial policy of England, is still on the increase. The amount
of revenue is also necessarily increasing, with the increase of population; and as
the province never has been in the receipt of large income from the public works,
and as the debt was incurred upon the provision of other means of payment,
even the indefinite postponement of profitable returns to the treasury, from the
public works, cannot produce additional embarrassment.
9th. If the anticipations of those who are the best judges of the prospects
of trade in Canada should be even in part realized, the public works will by
these returns place the province in a state of great financial prosperity.
10th. But this time has not yet come, and on the contrary the Government
is much perplexed to find the capital necessary for the completion of the works
in progress. The small remnant of the sum required could not in the most prosperous
state of the public yearly income, have been abstracted from that income
without embarrassment. And now under circumstances of depression in trade,
it becomes impossible to proceed without borrowing on some terms or other.
11th. The amount required to be borrowed could with absolute safety be
added to the public debt; but it would not aid in any scheme for the promotion
of Emigration.
Under these circumstances I am unable to persuade myself that it would
be prudent to place any large sum of money for the purpose of new improvements
upon the further mortgage of the general revenue.
The embarrassments which would ensue to the Executive Government
upon failure of its ability to meet new burdens, the possibility of want of
relief from those now borne with cheerfulness, and which relief would however
be necessary before new weight could be sustained, ought to be a sufficient
reason for an Executive Government in Canada to shrink from incurring at
present new obligations. I am aware that nothing could be more unpopular
than the declining to receive advances of money to be expended by the legislature
at its discretion; but this consideration has not been sufficient to induce
me to join in the popular demand for money for new undertakings on the credit
of provincial finances.
I feel obliged to add to the foregoing argument against the solicitation of
any such advance, one which experience, as well as knowledge of the composition
of popular bodies, leads to; namely, that large sums of money placed at
the disposal of the Provincial Parliament, would be expended either in the construction
of some gigantic undertaking, upon remote speculation of general
benefit, or it would be compromised into a division of the spoils amongst the
several localities having influence in the -legislature, or perhaps disposed of with
a view to both these principles. In any of these cases, quick and profitable
returns would be in reality lost sight of, and the expenditure would depend upon
strength of votes in Parliament, and the prevalence of local interests, and not
upon the prudence or wisdom of the proposed measures.
Individual members of Parliament in this, as in other countries, are under
a kind of obligation to contend for their several constituencies. A public work,
successful or unsuccessful, is always supposed to benefit some locality more
than others. The failure of success imposes a burden on the whole community.
The responsibility of this burden is generally felt only by the members of the
Government, and even with them it requires no small moral firmness, great
popular confidence, and much experience in the miseries of financial embarrassment,
to enable them to withstand importunities of friends, and loss of support
following a refusal to accede to speculative schemes for the benefit of classes
or localities. The individuals advancing these schemes are partly deceived by
calculations of others, partly ready as a matter of duty, to pretend credence in
any plans for the benefit of their own class or their own locality; and in the
midst of this clamour for the adoption of every variety of expenditure, the
Government either weakly yields to the strongest party, or stands in a position
of resistance which inevitably destroys it.
I am of opinion that no new work of importance should be undertaken
with money borrowed upon the credit of the general revenues of Canada, until
the present works are in a condition to repay for a considerable portion of the
expenditure incurred through their means.
My reluctance to recommend any such undertaking is increased by the
knowledge that it is not very practicable to increase the general revenue by
increased duties on imports; these at present imposed are not heavy, but even
as they stand, they encourage illicit trade to a great extent along our extended
frontier. To prevent this effectually would require a customs establishment
far beyond our means. It is at present doubtful whether the present duties, or
at least some of them, are not so high as to depreciate the revenue, and it seems
certain that a considerable increase in the duties would not increase the Provincial
The only other resource would be direct taxation; but this the people of
the province generally would not submit to, for the purpose of promoting
improvements’ in which but a portion of them can be directly interested. Such
taxation would not be imposed at present, and I would rely upon no promises
to impose it in future on the failure of promised profits of speculation.
I feel able to speak more cheerfully regarding another mode of advancing
improvement, in accordance with the desire to provide for Emigration.
In the more settled portions of the province, ordinary roads and communications
are not the great and pressing want of the country, or at least they do
not form such a want as cannot be supplied in reasonable time; but, nevertheless,
even these are wanting, and would be constructed more rapidly, were
present means afforded. In several localities railroads are more required,
partly because a great portion of the Western States of America could be
more readily reached through Canada, than through the American territory;
and partly because every means of lessening cost of transport is of essential
benefit in a country so extensive as this province.
In the most flourishing of these localities, there can be no question that
railroads would be self-paying, in many of the others toll-roads would pay
interest and in time the principal of the outlay which they would require.
In all these places the people have only a very inconsiderable and selfimposed
direct taxation. I speak now of Western Canada where Municipal
Councils are established.
Any public undertaking in these localities, being for the benefit of the
inhabitants of the place, if it were to be accomplished by means of borrowed
money, would be cheerfully borne as to the interest on the debt and as to a
sinking fund upon self-imposed taxation.
These Municipal Councils manage their affairs with great prudenee and
wisdom, and it is almost impossible that any of them would undertake a public
work, the expense of which would, if it were not self-paying, fall upon the
people of the place, without their looking very sharply to the calculations of
ultimate profit.
Besides this, there would remain the judgment of those who should
advance the money, to be passed upon each undertaking.
In failure of the Municipal Council to impose taxes to meet the interest
and sinking fund upon the debt incurred, the Provincial Parliament could
engage to enforce the necessary imposition.
This is a far more valuable guarantee than the pledge of the public revenue,
for as one hundred Members of Parliament are more likely to force the constituencies
of two or three to do justice, than they are to enforce the same
obligation on the whole community, so they would more certainly compel a
municipal district to fulfil its contract, regarding an obligation entered into for
its own benefit, than they would compel the whole country to pay a debt
contracted for the benefit of one locality.
To illustrate this position I would mention the case of one of the repudiating
States of America. That body, like one of our Municipal Councils, had
h e power of direct taxation, and the constituencies could with the greatest ease
have met the payments upon those becoming due, but the State Legislature,
representing the whole body of debtors, was feeble and slow in enforcing pay-
ment, and therefore the State was in default with its creditors.
Now if the constitution of the United States permitted such a transaction,
and if the General Government had entered into an undertaking to enforce
direct taxation in the individual State, it is evident that there would have been
no default or hesitation in the borrowing State, with payment of its debts.
This latter would be the precise position of a municipality, regarding a
debt incurred when the legislative precautions I have suggested were observed.
To illustrate this plan still further, I will suppose an instance chosen,
because it applies to a part of the country with which I am intimately
acquainted. The city of Toronto contains 23,000 inhabitants. The Home
and Simcoe Districts, exclusive of the city, contain not an individual one of
whom but is convinced that a railroad across the peninsula of Upper Canada
connecting Lake Ontario with Lake Huron, would be a self-paying speculation,
and that, moreover, it would increase the value of property more than the
whole cost of its construction. The work would be undertaken immediately,
upon private means, if there were capitalists in the country.
The interest upon a sum of money necessary to complete this work would,
I should suppose at the outside, amount to £20,000, and such a yearly sum the
city and districts could well secure by local taxation.
Such a work would not only furnish employment for numerous labouring
emigrants, but by enabling others to reach the interior country, by making the
occupation of land profitable, and by the increase of commerce it would give
employment and settlement to thousands who had nothing to do with its actual
construction. The city would be peculiarly benefited. I am myself convinced
that the value of real estate therein would be doubled, as well as the numbers
of the population, in two years from the completion of the road.
If it were desirable to connect this plan more intimately with emigration
and with the defence of the country, it would only be necessary for the Imperial
Government to undertake the work, and to import the workmen under the
military organisation proposed by Colonel Tulloeh. When the road is fully
completed it should be given up wholly to the management of the municipalities
interested, and these should be debtors for the principal and interest expended.
It would never answer to have a work of this or indeed of any other kind,
to be constructed by the municipalities, by means of workmen to be furnished
by the Government. Under such a system, the conflict of authority, and the
complication of mutual complaints, would make the whole scheme impracticable.
Private contractors would never be satisfied with the daily labour of the workmen,
and Her Majesty’s officers would never submit to have men under their care
submitted to the rapacity of the contractors. The simplest and best mode
would be, for the officers and engineers of the Government to contract the work,
and when it is completed to hand it over to the local authorities.
If the road should be found to pass through or in the neighbourhood of
Government lands, these should be given to a limited extent to the municipalities
for the purpose of helping them in the re-payment of the debt. They
should be sold at the best prices that could be obtained and without reference to
the emigrant workmen.
I do not think it would be well to give land on any work such as I have
spoken of to the municipalities, to an extent which would create jealousy or
expectation elsewhere. I should like to see the work undertaken upon the
credit of local taxation, and upon the almost certainty of its being self-paying
and self-sustaining. Every locality in which there is wild land would be willing
to undertake a railroad on the credit of the land, but this I think would be a
poor guarantee in the absence of the other substantial ones I have mentioned.
If a railroad such as the one I have described, were judiciously chosen and
completed, and were to turn out self-paying, or nearly so, it would not be
necessary for Government to continue the creditors of the municipality. The
debt might then constitute stock, which would readily sell in England upon its
own credit, without any guarantee on the part of Government. The money
would then be returned, and the transaction at an end. If the sale were at a
loss, that loss would constitute the whole expense of the emigration scheme, so
far as connected with that locality.
I would recommend that the workmen, as discharged, should be encouraged
to settle upon land, but it is not necessary that this should be in the
neighbourhood of the work. The emigrants are not the persons who could pay
for land enhanced in value by the construction of a railroad. The land so
situated would be more fitted for the settlement of small capitalists, or of the
people of the country, who could rapidly take advantage of its favourable
position; and the labourers, not possessing capital, would be of more value in
peopling other portions of the country where patient industry is more available
than money.
This observation applies to works undertaken in portions of the country
already possessing population, which can offer the guarantees above enumerated.
Such works as the Quebec and Halifax railroad may require a different system
of settlement.
I think that the workmen, when discharged from military service, should
be at perfect liberty to continue labourers or to purchase land from Government,
or from individuals, or to accept land from Government in new settlements,
upon the same or upon better terms than it is given to others. I say on better
terms, because it may be well to hold out encouragement for good conduct, and
a hope of independence when the terms of servitude are complied with.
In settled localities where railroads are not required, or where they are
beyond the reach of prudent local guarantee for the expense of their construction,
turnpike roads continue to be self-paying, and the expenditure upon which
would be guaranteed in like manner, may be constructed by means of advances.
No loans could be more safe for private capitalists; but I repeat, that where the
work is to be done by military labourers, the whole should be conducted by
Government officers, and handed over, when done, to the municipalities.
All the municipalities in Upper Canada would, I am sure, be glad to borrow
money, and to undertake improvements, upon the principle of guarantee by
direct taxation, and either accompanied by or without military emigration.
It would only be necessary to guard against their avidity to procure the loans,
or the expenditure of the money, in undertakings not directly profitable. In
Lower Canada, the plan of Municipal Councils has not yet succeeded, except in
the townships; but should it be brought into operation in this section of the
province, the same kind of enterprise will no doubt follow its adoption. I do
not pretend to make any selection of works or localities. That should be the
work of the lenders of the money, for very much of their own security, and of
the success of the plan, would depend upon their prudence in this respect.
As regards a plan generally seized upon in England, and naturally enough
entertained by strangers to the country, namely, that of making good roads
through the uninhabited country, and then selling the lands by way of reimbursing
the outlay, I have a few observations to make which I should be glad
to find were ill-founded.
In the first place, it is scarcely practicable to make a good road through
the forest wilderness preparatory to settlement. Such an undertaking would
involve the eradication of all the stumps of the trees while yet in a fresh state,
the draining of the land, and the transport of materials over soft and almost
impassible ground; a rude and inexpensive way may be made through the
forest, barely passable for foot passengers and ox carts, and even for horses and
waggons; but the good road is as much the work of time as of the hands of
man. When, after six or seven years of settlement, the woods are cleared away
to a considerable distance from each side of the way,—when the stumps and
roots have partially decayed, and when the sun and wind have dried up the soil,
then the way intended for a good road begins to be fit for improvement, and
then the settlers themselves are prepared to work upon it for that purpose.
After a time, as their circumstances improve, they tax themselves to raise
money for the roads, and thus, without much care in any other quarter, or
perhaps with occasional assistance, the road becomes tolerably good. When
the country becomes thickly settled with prosperous farmers, the turnpike
supersedes the road of more rude construction, and then is the time when a
loan of money is of real advantage.
Moreover, the first inhabitants of a forest country have no want of good
roads; they can transport their families and the supplies necessary for their first
maintenance over any road, and for some years they cannot hope to do much
more than supply themselves, and afterwards the new and neighbouring
emigrants, with food. The very horses and cattle that are to draw wheeled
carriages, must in a great measure be raised in the settlement. The carriages
themselves are beyond the means of new settlers, if they had use for them; and
thus happily there is a coincidence between the time when settlers and sun and
air conjointly can make a good road, the time when the people really require it.
The kind of settlement in forest country which would admit of the sudden
construction and paying for good roads, would be one of wealthy emigrants,
taking with them horses, oxen, carriages, and all the appliances of husbandry,
but even then there must be clearing before food can be found for cattle,
and there must be produce before the cattle have anything to draw upon the
If emigrants, comparatively wealthy, were here in the same abundance as
poor ones, it seems to me that a little reflection would teach any one, that in a
country where land in the settlements is cheap, and even cultivated land plenty,
the best course for that class would be to purchase from the present inhabitants.
If they do go into the woods it must be for the purpose of acquiring large tracts
of land, and in company with poor people, and a considerable time must elapse
before the new country acquires the appearance and the comforts of a settled
If the emigrants who come to Canada possessed means of purchase of
cultivated or improved land, nothing would be easier than the displacement by
purchase of the owners of land in the settlements, and the pushing them back
upon the new country; but unfortunately this is not the problem we have to
deal with. It is not the rich the mother-country wishes to provide for, and it is
the poor who come amongst us. Our labour market is limited, but our land is
in abundance, and the object is to make this land useful in providing for the
many, not to make provision for the few who do not require our care.
The sun and wind and time are not more necessary to the economical
formation of a good road in the forest than the influx of poor but industrious
pioneers are to the reception of the better class of emigrants. It is by no means
necessary that the whole or a large part of the land should be disposed of to
these pioneers, but their previous settlement upon a portion of the land makes
the settlement of others infinitely of less difficulty, in fact the first comers give
the value to the land, which strangers are apt to attribute to the making a road,
and these poor people well deserve all the encouragement that can be offered
them, all the hope that can fairly be offered, and relief from all the burdens that
nature itself does not impose.
Colonel Tulloch’s plan, upon much consideration, struck me as one which
might be adapted to a pioneer settlement. It should be carried on to a sufficient
magnitude to bear the expense of superintendence, and be conducted with a
severe economy to promise any degree of success.
If ten thousand men, with moderate families, and chosen with some view
to health and strength, were judiciously introduced into a new settlement, I
think they would succeed under a military organization.
This would involve the emigration of fifty thousand individuals.
It must be remembered that they have many difficulties to encounter before
they become possessed of valuable property, or are able to repay the cost of the
expedition. They could no doubt in a long time pay for outfit, transport and
settlement, and even for land; but all this would place independence at so remote
a distance, and operate so discouragingly upon their efforts, that I should fear
discontent and desertion would be the natural consequence.
I think the cost of transport should be borne by those who wish to remove
them, and that land to the extent of fifty acres for each should be given.
They should be supplied with provisions and implements until they are
enabled to raise crops and support themselves.
They should be occupied in making the first rude road necessary for their
settlement, and in clearing their land and building houses for themselves.
The land thus improved should be held in security for the expense of their
settlement, that is to say, their pay and allowances should be held as advances
to be repaid when the land is under cultivation.
The winter season would be the time for teaching them the use of arms
and improving their military education, for that time of the year would be least
available for agricultural pursuits.
A larger quantity of land should be assigned to officers and non-commissioned
All classes should be required to make improvements, and in case of
abandonment or desertion the land should be forfeited and sold.
After repayment of the advances titles should be granted, and the settlers
should be discharged from military control.
The presence of such bodies of men, if they were loyal and contented, would
be a great safeguard to the country, and would enable the Government to
dispense with a considerable portion of the military expenditure in the regular
I fear very much that engineer and other military officers would be but
poor instructors in agriculture and wood-craft, or even in the building of loghouses
and making bush roads; perhaps the employment of some of the people
of the country as officers and non-commissioned officers might obviate this
The great objection to this plan would be its expense, and the length of
time before any portion of it could be repaid. It is only on the assumption that
it is an object of great importance to provide for surplus population now in the
mother-country, and because that population is supported expensively at home,
that I could recommend the system. If it were adopted, however, it would
interfere with no other emigration, it would close no labour market to other
emigrants; on the contrary, it would render the country partly occupied by
these emigrants fit for easy settlement by others, and it would tend rapidly to
improve the resources of the colony.
The province would, I think, willingly supply the land; but it could do no
more. It would be repaid most probably by the enhancement of value to lands
not taken up by the military settlers, as well as by the increase of trade and
revenue which such an accession of population would necessary afford.
It is a mistake to suppose that the withdrawal of emigrants from the labour
market is an evil in Canada. Our proximity to the mother-country is sufficiently
near to enable Canada to command any quantity of labour for which she can
pay. It is also a mistake to suppose that to give a small lot of land prevents
the sale of a like quantity; for where there is abundance of land, procuring
the occupation of one lot by any means is a certain mode of making others
It was upon these principles that the Owen’s Sound plan of settlement was
adopted on my recommendation, and after a trial of six or seven years, it was a
great pleasure to me to hear it said in Parliament by gentlemen in the Government
who were the political opponents of my party, that it had been the most
successful one ever tried in Canada.
It was limited in its operation by the poverty of emigrants, which disabled
them from incurring the expense of settlement on land—that is to say, their
support for the first year—but so far as it has gone, I think it has been eminently
successful. The locality in which it was tried was a perfect solitude at
the commencement. It is now the seat of a thriving settlement, the trade of
which is courted and contended for by the rival cities of Toronto and Hamilton.
So far from its preventing the sale of land, I believe it has materially promoted
it, and that its effect would have been felt upon the public treasury were it not
for the land scrip receivable on sales—the remnant of a burden placed upon
the country by the ancient and improvident system of free grants to nonresidents.
It is impossible that destitute emigrants can avail themselves of this or any
other plan of settlement on land, without aid of some kind, and unfortunately
many of the emigrant labourers, though not idle, are improvident and unambitious,
and prefer hanging about towns and public works, to seeking by saving
wages, the means of that independence which is the great object of every
American, and of every prudent emigrant.
Whether it is practicable to supply the requisite aid to emigrants who do
not possess the means of settlement themselves, I do not know. I think it
cannot be done, generally, by finding the emigrant employment upon public
works. I do not think employment on public works advances the education of
the emigrant in the way of settlement a step. He wants to learn to clear land—
to plough, to sow, and to reap. He understands the use of the spade and
pickaxe better than any Canadian or American.
There «an be no education in the way of clearing and cultivation unless
through the means of working upon land. At this the new emigrant is awkward
and inefficient; but his deficiencies are far less felt when he works upon his
own land, and when, however awkward he may be, he can still cut down trees
and raise crops sufficient for his subsistence, than when he offers himself as an
agricultural labourer in .competition with practised hands, and where he must
be able to work to good advantage to his employer as a condition of his
receiving wages.
If there were any accumulation of capital in private hands in this country,
or if English capitalists were to turn their attention to it, I am inclined to think
that the vast mining districts of Lakes Huron and Superior would offer employment to great numbers of emigrants. The efforts that are making in that
direction are necessarily feeble, for the want of money, and it is perhaps ques-
tionable whether the parties engaged in mining operations will be able to continue
their exertions even with the most certain prospects of profit before them sufficiently
long to enable them to realize returns.
But as there is no wealth which is so much made up of human labour as
that gained from the operations of mining, so there would be no means of
employing large numbers of emigrants more certain in proportion to the capital
used than by employing them in this mode.
I know nothing myself about mining; but I believe something of what is
said of the mineral wealth of the Canadian shores of these lakes; and if but a
portion of what is said be true, it is a lamentable fact that this country is unable
to avail itself of the riches which apparently can be had for the gathering.
That country is at least worth examination by those who understand the subject, and who would be interested in the result of any large expenditure. If
it be true that metals exist in sufficient abundance, certainly far to overpay the
cost of production, the working of mines in Canada would furnish a simple
mode of employing almost any amount of labour. Everything would depend
on certainty in the prospect of result; but if this could be gained, it would be
evidently practicable by means of mines worked upon the plan of military
organization proposed by Colonel Tulloch, not only to pay the expense of
transport of emigrants, but also to provide for their future well-being, and
possibly to acquire an interest in Canada on the part of England which would
make it her policy to hold this country with the strong hand. All this is possible,
if the statements current respecting the mining country be true. It is
probable, and the fact is at least worth ascertaining, as well with a view to
British commerce as to the interests of emigration and of the colony.
I had this object in view when I advised the visit of the provincial geologist,
Mr. Logan, to the Bruce mines owned by the Montreal Mining Company
on Lake Huron. His report may be very favourable, or it may show that my
notions on the subject are chimerical. But in the former case, I should look on
it as a providential occurrence if, in this period of Canadian history, an exami-
nation of the mining country should give a new bond of interested union
between Canada and the empire.
In my late journey to the United States, passing through Lake Champlain,
I was informed that the mountainous north-eastern portion of the State of New
York was filling with a population of Irish labourers employed in iron
mining. I saw large quantities of flour on its way from the direction of Albany
intended for their subsistence, and large quantities of pig and bar iron, nails,
and other manufactured iron, on the wharves along the shore. No country could
be more forbidding in its aspect, or more hopeless in its appearance as a place
for receiving emigrants; and the question occurred to me with great force, why
should not we, with our more valuable ores, find refuge for a large population
of the same kind? The answer was the same which must be returned to all
questions of great enterprise in Canada—there is no capital!
The line lately explored for a great railway between Quebec and Halifax,
is mentioned with great confidence as a favourable locality for the employment
and settlement of emigrants. The project is recommended to be undertaken
with that view; and it is proposed that the Provincial Governments of Nova
Scotia, New Brunswick, and Canada, should give the guarantee of provincial
finances for a great portion of the interest upon the cost of the undertaking.
My own opinion as to the value of this guarantee I have already expressed,
so far as regards Canada. The revenues of this province are already pledged
to their full amount, or rather, will be so by the time our present works in progress
are completed. No confidence in the probable profitable result of the
scheme would be a sufficient inducement with me to offer the same revenue as
a guarantee for a new undertaking, until those works now in operation shall be
fully completed, or until the province is by means of their income relieved from
.he burden which she at present bears.
I much question whether the sister provinces are in a better state for offering
a public guarantee for large sums of money than we are in Canada,—they
have neither our great debt nor our great resources.
If there were surplus revenue in Canada, I do not think that the project of
the railroad between Quebec and Halifax would interest the people of Western
Canada, sufficiently to cause them to appropriate revenue to the payment of
interest on a debt created for the construction of this road. It is possible that
Parliament would enter into the guarantee if persuaded that it would never be
called upon to make it good, either for the reason of the profit of the work
being sufficient in itself, or because of the inability of the Provincial Treasury to
meet new charges; but I do not see the value or prudence of offering or accepting
a guarantee under such circumstances, and indeed I do not think it would
be offered.
In Canada I do not believe there is any large quantity of valuable land on
the line of the road, and in the hands of the Government. It runs through a
settled country generally, in the hands of seigneurs and censitaires under the
French system;—they have no sufficient interest in the line of road to induce
them to submit to local taxation. I do not think the people of Quebec who
probably would be chiefly benefited in Canada are either able or willing to
assist in so large an undertaking.
The road runs in the same direction as the great navigable River St.
Lawrence, and though it may possibly in some measure supersede the use of the
river, yet it is manifest that the new communication is not one of necessity for
commercial purposes.
The road would be of great use in carrying the mails; but whether the
postage of the colonies is of sufficient consequence to form more than a small
item in the advantages of an undertaking so extensive, is a question depending
upon data of which I am not in possession.
I have heard it confidently asserted by the Hon. Mr. Young of Nova
Scotia, that a large portion of the passenger trade from Europe to the colonies
and to the North-western United States, would, if the railroad were constructed,
come through this way; probably this may be true to some extent, but whether
sufficiently so to justify so large an outlay, I am unable to form any opinion.
If the railroad were to succeed in this respect, no doubt it would make
Halifax a very important and prosperous city; and if the coal and iron, gypsum
and other minerals, were, by means of this communication, to find an easier way
to market, the great want of Nova Scotia, namely, exportable products, would
be supplied.
It is in New Brunswick that the large quantity of vacant land is represented to exist on the line of road which would make the scheme of value as connected
with a provision for emigrants.
A railroad can probably be almost as readily made through a forest country
as through one under cultivation; the advantage of acquiring the land which is
to form the line of road without purchase, and without the usual claim for
damage, is of great consequence.
It is said to be proposed that the vacant lands of the Crown in New Brunswick,
to the extent of five miles on each side of the road, should be given as an
aid to its construction; and this land is connected with a scheme of settlement
of the workmen on the road.
If the soil and climate of New Brunswick were at all equal to that of
Western Canada, no doubt the lands on the line of road would become valuable.
Their value would however depend upon the numbers desirous and able to purchase;
persons of that class are not found in large numbers amongst the emii
grants, neither would they amongst the workmen imported, even after their
work would be concluded on the railroad.
For the purpose of making my meaning plain, I shall describe two classes of
1st. Those who possess money, or, as is often the case with those who move
from their settlements to new land, money’s worth.
They have the power of making considerable clearings, and reducing comy
paratively large quantities of land into cultivation with rapidity. If they belong
to the country, and consequently understand the operation well, their progress
is greatly accelerated, and the cost of it reduced.
Whether this class purchase land for cash down or on credit, it is worth
their paying a large consideration for a good road, and more especially for a
railroad, for that enables them to take produce to market which when sold pays
for the land, or if the land be paid for in the first instance, enables them to
extend their operations.
These settlers never or scarcely ever undertake the cultivation of land
unless the roads in the neighbourhood are in a tolerable state of progress.
Canadian or American farmers having money or means, sometimes go into the
back country, but this is for the sake of acquiring large quantities of land, or at
least large farms cheaply, and they then are prepared to wait the progress of the
settlement before much can be realized from farming.
It is only when there are good roads and an accessible market, that
labourers for hire can be employed profitably in agriculture, and it is only by
means of hired labour that individuals can make rapid clearings and cultivate
large farms.
But a good road such as a turnpike or macadamized road, cannot, as I
before observed, be suddenly made, and if made it would not pay or sustain
itself in an imperfectly settled country.
If a railroad were run through a tract of forest-land (supposing the trade
of its termini to be sufficient to employ it), almost all the difficulties, in the way
of wealthy settlers, would be removed, and the country would be nearly brought
to the condition of a settled country as to its fitness for settlers of comparative
Now suppose the railroad made, and such settlers in plenty, the land would
have an immediate considerable money value.
With these assumptions the argument would be perfectly tenable that it
is better for a settler to pay a considerable price for land with a good road
leading to, than to receive land for nothing when there is not a good road.
And in fact this is proved in practice, for settlers having means prefer purchasing
where there are roads, to receiving land for nothing where the roads are still
unformed, or in a rude state.
But unfortunately for the argument, there is abundance of land in the
colony for sale at moderate prices, with the advantage of roads and near market,
to whom the occupants would sell the land, and would remove to the back
country, but the emigrants having means do not come in sufficient or half
sufficient numbers for the supply of good land with good roads.
If one-third of the emigrants who come to these colonies, were possessed
of capital, even to a moderate amount, there would be no difficulty or necessity
for consideration on the part of Government.
Not one in a hundred are however in this position. They do not form the
emigrant class, or any considerable portion of it, neither are the persons sought
to be provided for by a more extensive emigration from the mother-country.
The second class of emigrants are the poor, these are the persons whom
it is desired to remove from a country which cannot sustain them into one
where they can be maintained. It is proposed to employ them on the railroad,
and to sell them land for the savings of their wages.
Emigrants who come to the country without money and who immediately
receive land for nothing, and those to whom land is sold for the savings of three
or more years’ wages, would be, as regards the funds requisite for settling upon
land, upon terms of absolute equality, at the time the land is received.
What I mean by the funds necessary for settlement upon land are the means
of purchasing supplies while the settler is working upon the land and procuring
a crop, not while he is employed at a public work.
These means are as indispensible on a line of railroad as elsewhere, and I
think it would be too much to expect from poor emigrants, more especially if
employed at what in this country would be considered low wages, to save in any
moderately-prolonged servitude, more than enough to furnish these necessary
Moreover the prolongation of the servitude keeps the first emigrants on the
hands of Government and prevents the introduction of new recruits, and takes
away from the hopefulness of the condition of the emigrant which is an essential
element of success in every plan.
The first great object of Government in providing for emigrants is to place
them in a position of providing themselves with the absolute necessaries of life,
independently, and with good hope for the future. The latter enables the
settler to submit to many present privations and contentedly to wait the time
which is to bring him wealth and comfort.
The absolute necessaries of life, such as food raised from the ground, cattle
increased from small stock, and increased clearing, are as readily, attained by a
settler dependant upon his own labour, away from as near a good road. In
either case it must be a considerable time before he can bring a sufficient
quantity of land under cultivation to become an exporter from his farm, unless
to the small amount necessary for his small purchases. For this latter purpose
he has a market amongst newer settlers than himself. If settlement be going
on actively around him, his situation is very hopeful, for he is assured that by
the exertions of thousands like himself, the country is advancing in cultivation,
and the ability to make roads and other communications is growing with the
want of, and capability of using them.
To place a large body of poor settlers on the line of a railroad, and on land
unredeemed from the forest, if other settlers could be procured, would be to
place an obstacle in the way of rapid improvement, and of rapid and profitable
use of the railway. The enhanced value of the land could only be paid by those
in possession of funds to enable them to carry on clearing and cultivation with
considerable activity, and therefore, as a general rule, land so situated should
be sold to those able to turn to account the advantages which the position
would offer.
But if the land were in great abundance and the number of purchasers few,
it is evident that the poor settlers would be better than none on the unsaleable
portion; poor settlers on land may prevent richer ones from occupying the same
land, but not from occupying land in the neighbourhood; on the contrary the
neighbouring presence of any inhabitants is an advantage, the greatest evil to
befal settlers of any kind being the want of a surrounding inhabited country.
According to the quantity of land, and its proportion to the numbers of
expected occupants, it would be advisable, or otherwise to offer facilities to the
poorer emigrants, and if the land opened by the railroad were in great abundance,
if the purchasers were expected to be few, it would be manifestly
economical, and tend to raise the value of remaining land, if a considerable
portion were disposed of to poor emigrants by free grant, these having, when
they arrive or when they cease to be employed as labourers, the funds necessary
for their subsistence until crops could be raised from the ground.
If the land opened by the railroad were not sufficiently abundant for both
poor and rich, the poor settlers should be placed at the greater distance, and
have the greater facility in the acquirement of land; for on good land in any
situation, they can support themselves and progressively better their condition,
and they can then add to the resources of the country, though they may not be
able to pay the price of land more favourably situated, or fulfil the requirements
necessary to turn that land to its best and most profitable uses.
The general and imperfect knowledge I have of the country and climate
along the line of the projected Quebec and Halifax Railroad, and my experience
of the emigrants from the mother-country, would lead me to suppose that it
would be found necessary to plant the workmen or any others offering, on a
considerable portion of the land opened. If so, it would be in vain to look for
any price for the land they would occupy, because, if it were sold for money, it
would be out of their reach, and if sold on credit, the returns would be too
remote to be calculated upon, and the hopes of the settlers themselves so postponed,
that I fear they would refuse the land upon such terms altogether, or
accept it with a resolution of never paying for it.
The lapse of time would bring emigrants of a more wealthy class, who
would become purchasers, and thus some portion of the expenditure on the
road might be returned; but the condition of emigrants coming to this country
does not lead to the expectation that this operation would be sufficiently rapid
to make it available for the present scheme.
On the whole, I think the Quebec and Halifax railroad should not be undertaken
unless upon calculations of profitable result from the road itself, which
would justify the project as a mercantile speculation, or with an expectation
that being nearly justified on that ground that a deficiency should be previously
reckoned upon, and the quarter ascertained from which it would be supplied
cheerfully, as an anticipated expense. For the reasons I have above mentioned,
I do not think this province is in a condition to assume any new burdens from
considerations of general benefit, or to enter into speculation upon the result of
new commercial enterprise. I would not value a guarantee which would prove
when redemption would be called for, rather a rash pledge to be embarrassed
than one to pay money founded on ascertained means of payment. I do not
myself think the other provinces are in a better condition to offer such a
guarantee than we are.
It may be that the offer on the part of the provinces to make up deficiency
of revenue from the railroad, or to pay interest on a considerable portion of
money borrowed, would have a moral effect in inducing capitalists or the
Government of England to embark in the enterprise; but the objection to
merely colourable guarantees is scarcely stronger on the ground of morality than
of policy. I cannot imagine a more dangerous or embarrassing position for all
parties concerned, than to have the Imperial Government demanding the
redemption of a guarantee which the colony is not in a condition to fulfil.
The success of the project should be prognosticated on better grounds than
the desires or opinions of those directly interested in its being undertaken at all
events, and who would risk nothing upon the chances of failure. If upon the
reports of engineers employed by the Imperial Government, and upon the
statistics procured, the work should promise to be a paying one or nearly so,
there are abundant reasons why it should be undertaken; amongst which, the
encouragement it would give to emigration, and the provision it would offer for
emigrants, are perhaps the most prominent. The increased intercourse between
the colonies, its tendency to keep them united in interest, and the stimulus it
would offer to the progress of trade and population in these possessions of the
empire, are high considerations. They are sufficient to cause this improvement
to be chosen before many others, but perhaps not sufficient to cause the work
to be undertaken with a prospect of its being a continual financial burden.
If its prospects should be favourably considered, I would strongly recommend
its being carried out by the parties who would furnish the money, whether
the Imperial Government or private capitalists. The land given by the colony
should also be placed for disposal in the same hands. It is only thus that any
scheme connecting emigration with the work intimately and particularly on
Colonel Tulloch’s plan, can be worked with the necessary unity of purpose and
interest. The substantial risk will rest with those who furnish the money, and
its expenditure should be in the same hands.
To return to Colonel Tulloch’s plan of Military Emigration, I would observe
upon the great danger of introducing into Canada large numbers of men, who,
by their own previous compact, or by force, would be held in a condition
inferior to the other inhabitants of the country, and whose desire would be to
escape from comparative thraldom. Their being held to work at low wages, as
a kind of return for being brought out at the expense of Government, would
certainly produce this feeling. It is one which has been found by experience
sufficiently strong to render abortive all private contracts made with servants or
labourers in the mother-country, for services to be performed in America. This
may not be a sufficient objection to the plan as applied to colonies where there
is no conterminous boundary with a neighbouring nation, but where, on the
contrary, escape is difficult, and controul perfectly established. But in this
country the presence of large numbers of men, armed and discontented, would
be peculiarly dangerous.
The existence of this spirit of discontent could only be prevented by
rendering the condition of the emigrants more hopeful in their enlisted state,
than it would be, were they free. I know no mode of making it so but by
imposing very slight obligations upon them in the way of repayment, by enabling
them from savings of wages to accumulate the funds necessary for settling
upon land, and by offering them the land free after the term of servitude shall
cease. The hope of ultimate comfort and independence thus held out may
make them active and loyal colonists, and it may enable the Government to
dispense with a portion of the regular troops; but if the emigrants should be
discontented and without these hopes, they may require the garrisons to be
strengthened, instead of allowing of their withdrawal.




Memorandum on Colonel Tulloch’s Plan for the formation of a Corps of Military
Labourers in the Colonies, for the purpose of considering how far the
Scheme might be made applicable to Canada.
Printed at the Foreign Office. October 1848.


1 See above pp. 350-352, 260, 372, 373, 468.
2 Copy, G. 461, p. 323.

& & &

MONTREAL, 30th April 1849.

I regret to state that rioting attended with some consequences
much to be deplored though happily with no injury to life or, except in
one instance to person, has taken place in the City of Montreal
during the last few days. I hasten to furnish your Lordship with an
account of what has actually occurred lest you should be misled by
exaggerated reports conveyed through the United States.
2. In consequence of the unexpected arrival of Vessels with merchandize
at the Port of Quebec, it became necessary for me to proceed
on a short notice to Parliament on Wednesday last in order to give
the Royal assent to a Customs Bill which had that day passed the
Legislative Council; & I considered that as this necessity had arisen it
would not be expedient to Keep the public mind in suspense by
omitting to dispose at the same time of other Acts in which the two
branches of the local Parliament had at an early period of the Session
concurred, and which still awaited my decision— among these was
the Act to provide for the indemnification of Parties in Lower Canada
whose Property was destroyed during the Rebellion in 1837 & 1838,
with respect to which as Your Lordship is aware much excitement has
unhappily been stirred.
3. I herewith enclose for Your Lordship’s perusal a printed copy
of the Act in question, and I shall not fail by the first mail to furnish
you with full information respecting its character and objects, the circumstances
which led to its introduction, and the grounds on which I
resolved after much reflection to sanction it — No money can be paid
under it as indemnity for a considerable period, so that Her Majesty’s
power of disallowance may be exercised with effect should Her
Majesty be so advised, notwithstanding the course which I have
taken. As I am writing this Dispatch in haste with a view to its
transmission by way of new York, I shall confine myself for the
present to a statement of the proceedings by which the peace of the
City has been disturbed.
4. In order however to render this narrative intelligible I must
premise that for some time past, the House of Assembly as at present
constituted has been the object of bitter denunciation and not infrequently
of reckless menace on the part of a certain portion of the
Press of the Province & more especially of that of montreal. Your
Lordship will probably recollect that the Body in question is the
product of a General Election which took place about 18 Months
ago, under the Auspices of the Political Party now in opposition, and
after a dissolution to which I had recourse on their advice for the
purpose of strengthening them in their position as a Government—
The result of this measure was in the last degree unfavorable to
those who had recommended it, Not however so much so in Lower
Canada where the complexion of the representation was little affected
by the Dissolution—as in the upper Province where Several constituencies
among which were some of the most populous rejected conservative
in favor of liberal candidates; on a question of confidence
raised at the commencement of the Session immediately after the
General Election the administration was defeated by a Majority of
more than two to one, and a change of Govt as a matter of course
5— This alteration in the political complexion of the Assembly
and the change of government consequent upon it were therefore
clearly and distinctly traceable to a revulsion of sentiment in the
British constituencies of Upper Canada. In Lower Canada nothing
had occurred to account for either. This circumstance has however
failed to secure for the decisions of the popular representative body
either forbearance or respect from a certain Section of those who
profess to be emphatically the supporters of British interests. To
denounce the Parliament as French in its composition and the
Government As subject to French influences has been their constant
object, and the wildest doctrines have been broached with respect to
the right which belongs to a British minority of redressing by Violence
any indignity to which it may be subjected from such a source. I
have now before me an article that appeared in one of the principal
English Newspapers of Montreal at a very early period of the
Session, of which I transcribe the concluding paragraph as illustrative
of the temper & language in which even at that time and before the
public mind had been excited by the discussion of the Rebellion
Losses Bill a portion of the Press ventured to * the proceedings
of the local Parliament. The article treats of a measure affecting
the Townships to which I believe no great objection was raised in
Parliament. It terminates however in these words « We are very
glad of it— the sooner the cloven foot is made visible the better:
the obvious intention of that majority composed of Frenchmen aided
by traitorous British Canadians is to force French Institutions still
further upon the British Minority in Lower Canada. The intention
is obvious, as we said, and we are glad that it is openly shewn, We
trust that the Party of the Govt will succeed in every one of their
obnoxious measures. When French tyranny becomes insupportable
we shall find our Cromwell; Sheffield in the olden times used to be
famous for its Keen well tempered whettles: well, they make bayonets
there now just as sharp and just as well tempered; when we oan stand
tyranny no longer, it will be seen whether good bayonets in Gascon
hands will not be more than a match for a mace or a Majority ».—
6. To persons accustomed to the working of Constitutional Govt
in well ordered communities it may seem incredible that such language
should be employed by the organs of any respectable Party
in reference to a Body comprizing the freely chosen representatives
of a constituency formed on a most popular basis, but the cause of
the anomaly is apparent enough to all who are acquainted with the
history of Canada. For a series of years the popular representative
Body and the Executive supported by the Legislative Council, were
in the Lower Province especially, in a, condition of almost constant
antagonism. To revile the one was the surest test of Patriotism;—to
denounce the other of Loyalty— In a Society singularly democratic
in its structure,- where diversities of race supplied special elements of
confusion, and where consequently it was most important that constituted
authority should be respected the moral influence of Law &
Government was enfeebled by the existence of perpetual strife between
the powers that ought to have afforded each other a mutual support.
No state of affairs could be imagined less favorable to the extinction
of national animosities and to the firm establishment of the gentle
& benignant control of those liberal institutions which it is England’s
Pride & privilege to bestow upon her children.
7. I am not without hope that a steady adherence to the principles
of Constitutional Government and the continuance of harmony
between the co-ordinate branches of the Legislature may lead in process
of time to the correction of these evils. Meanwhile however I
must ascribe mainly to the cause which I have assigned the love of
arrogant defiance with which the resolutions not of the Govt only, but
also of the Parliament, are treated by parties who happen for the
moment to be unable to make their views prevail with either, and
the acts of Violence to which this inflammatory language has in the
present instance led.
8. That many persons conscientiously disapprove of the measure
respecting Rebellion Losses in Lower Canada which has been introduced
by the Government and which the local Parliament has passed
by large Majorities, and that in the minds of others it stirs national
antipathies and recollections of former conflicts, which designing
politicians seek to improve to their own selfish ends, cannot I fear be
doubted. It is therefore emphatically a measure which should have
been approached with calmness and caution by all at least who are
not directly interested in the issue. Unfortunately however, this has
been by no means the case. Not only have appeals to passion of the
most reckless description proceeded from the local press but they have
received encouragement from quarters from whieh they had little
right to look for it. Passages such as the following in which a London
Journal of influence treats of the British Population as affected by the
measure in question— » They are tolerably able to take care of themselves,
and we very much misconstrue the tone adopted by the English
Press and English public in the Province if they do not find some means
of resisting the heavy blow and great discouragement which is aimed
at them, »—are read with avidity and construed to mean that sympathy
will be extended from influential quarters at home to those who seek to
annul the obnoxious decision of the local legislature whatever the
means to which they resort for the attainment of this end.
9. The scenes by which the City of Montreal has been lately disgraced
are the natural fruit of an agitation of this character operating
on a people of excitable temper who have been taught to believe that
a race which they despise and over which they have been wont to exercise
dominion has obtained through the operation of a constitutional
system an authority which it could not otherwise have acquired. Hence
more especially their vehement indignation against me personally and
the conviction in many cases I doubt not perfectly sincere, that I have
been guilty of a serious dereliction of duty because I have not, as
my predecessors have often done before me, consented to place myself
in the front of an agitation to counteract the policy of Parliament.
The nature of the constitutional doctrines which practically obtain with
this section of the community, is curiously exemplified by the fact that
it is not the passage of the Bill by an overwhelming majority of the
Repensentatives of the People, or the acquiescence of the Council, but
the consent of the Governor which furnishes the pretext for an Exhibition
of popular violence.
10. When I left the House of Parliament, after giving the Royal
Assent to the several Bills to which I have referred, I was received
with mingled cheers and hootings by a crowd by no means numerous
which surrounded the entrance to the Building. A small Knot of
individuals consisting, it has since been ascertained of persons of a
respectable class in Society pelted the carriage with missiles which they
must have brought with them for the purpose—Within an hour after
this occurrence a notice of which I enclose a copy, issued from one of
the Newspaper Offices calling a meeting in the open air. At this meeting,
inflammatory speeches were made—On a sudden whether under the
effect of momentary excitement or in pursuance of a plan arranged
beforehand, the Mob proceeded to the House of Parliament where the
Members were still sitting and after breaking the windows set fire to
the building and burnt it to the ground. By this wanton Act public
property of considerable value including two excellent Libraries has
been utterly destroyed—Having attained their object the crowd dispersed
apparently satisfied with what they had done—The Members
were permitted to retire unmolested, and no resistance was offered to
the Military who appeared on the ground after a brief interval to
restore order, and aid in Extinguishing the flames. During the two
following days a good deal of excitement prevailed in the streets and
some further acts of incendiarism were perpetrated. Since then the
Military force has been encreased and the leaders of the disaffected
party have shewn a disposition to restrain their followers and to
direct their energies towards the more constitutional object of peti-
tioning the Queen for my recall and the disallowance of the obnoxious
Bill. The proceedings of the House of Assembly will also tend to awe
the turbulent. I trust therefore that the peace of the City will not
be again disturbed—The Newspapers which I enclose contain full and
I believe pretty accurate accounts of all that has occurred since
Wednesday last.
11. The Ministry are blamed for not having made adequate provision
against these disasters—.That they by no means expected that
the hostility to the Rebellion Losses Bill would have displayed itself
in the outrages which have been perpetrated during the past few
days is certain—Perhaps sufficient attention was not paid by them to
the menaces of the opposition press. It must be admitted however
that their position was one of considerable difficulty. The Civil
Force of Montreal, a City containing about 50,000 Inhabitants of
different races with secret societies and other agencies of mischief in
constant activity, consists of two Policemen under the Authority of
the Government and Seventy appointed by the Corporation—To
oppose therefore effectual resistance to any considerable mob, recourse
must be had in all cases either to the Military or to a force of Civilians,
enrolled for the occasion—Grave objections however presented
themselves in the present instance to the adoption of either of these
courses, until the disposition to tumult on the part of the populace
unhappily manifested itself in overt acts. More especially was it of
importance to avoid any measure which might have had a tendency
to produce a Collision between parties on a question on which their
feelings were so strongly excited. The result of the course pursued is
that there has been no bloodshed and except in the case of some of
the Ministers themselves, no destruction of private property.
12. The proceedings in the Assembly have been important. I enclose
the copy of an address which has been Voted to me by a
Majority of 36 to 16 expressive of abhorrence at the outrages which
have taken place in the City of Montreal, of Loyalty to the Queen,
and approval of my just & impartial administration of the Govt with
my late as well as my present advisers—Some of the opposition
approve of the course which I have taken with respect to the Rebellion
Losses Bill, as appears from the Speeches of Messrs Wilson & Gait,,
of which reports are given in the Newspaper which I enclose. Mr.
Wilson is an influential member of the Upper Canada Conservative
Party and Mr Galts Views are the more important because he has
been returned to Parliament only a few days ago by a Lower
Canadian Constituency which comprizes a large British Population.
Generally, however as the amendments they have moved to the
address shew they desire to avoid committing themselves on this
point. The Votes against the address may be thus classed. Sir Allan
McNab and his party—My late Ministers and their adherents—and
Mr Papineau. The first acts with perfect consistency as he has done
on this question, for he has always contended that Government con-
ducted on British Principles is unsuited to Canada. The course of the
second is less intelligible—for until the day on which they resigned
their offices into my hands they incessantly expressed approval of
the principles on which my conduct as Governor General was guided,
and these as your Lordship well Knows have undergone no change with
the change of administration. Mr Papineau’s vote conveys a useful
lesson which will not I trust be lost on persons who have been induced
to believe that the persecution of which I am now the object is really
attributable to my having shewn undue lenity to those who were led
by him into rebellion.
13. I have now furnished your Lordship with as clear a statement
of these unfortunate occurrences as I can give, and I can conclude
by assuring you that the City is perfectly tranquil and that
there is no present likelihood of a renewal of disturbances. A few
days will shew what echo the proceedings of the Violent party
awaken in Upper Canada, and to what extent they are followed by
reaction. Meanwhile it is my firm conviction that if their dictation
be submitted to the Government of this Province by constitutional
means will be impossible and that the Struggle between overbearing
Minorities backed by force, .and majorities resting on legality and
established forms which has so long proved the bane of Canada,
driving capital from the Province and producing a state of chronic
discontent will be perpetuated. At the same time I think that if I
am unable to recover that position of dignified neutrality between contending
parties, which it has been my unremitting study to maintain
and from which I would appear to have been for the moment driven,
not as I firmly believe through any fault of my own, but by the
unreasoning violence of faction, it may be a question with your
Lordship whether it would not be for the interest of Her Majesty’s
Service that I should be removed from my high office to make way
for one who should not indeed hold views at variance with mine with
respect to the duties of a Constitutional Governor, but who should
have the advantage of being personally unobnoxious to any section
of Her Majesty’s Subjects within the Province.

* « describe? » has been added in pencil

I have &c


1 Copy, G. 461, p. 331.


MONTREAL 5th May 1849.

In consequence of the Enactment [sic] which the passage of the
Measure for the indemnification of parties in Lower Canada whose
property was destroyed during the Rebellion of 1837 & 1838, has
occasioned, and of the desire expressed in certain quarters that Her
Majesty’s power of disallowance should be exercised in this instance,
I think it my duty to furnish your Lordship with a report upon it in
anticipation of the usual period for the transmission of the Bills of
the Session. It will be necessary however before I proceed to explain
its provisions to submit a statement of the circumstances which led
to its introduction.
2. In the last Session of the parliament of U.C. an Act was passed
entitled « An act to ascertain & provide for the payment of all Just
claims arising from the late Rebellion and Invasion of this Province. »
The intention of this Act would seem to have been to provide indemnity
only for the owners of property which had been destroyed
by Rebels or Sympathizers from the States. But in the first Session
of the United Parliament an amended Act was passed (4 & 5 Vic ch
39.) which contains the following clause— »And be it enacted that
the powers Vested in and the duties required of the said Commissioners
under the said Act shall extend and be construed to extend to
enquire into all Losses sustained by Her Majesty’s Subjects and other
residents within that part of this Province to which the said Act
extends from the first breaking out of the said Rebellion to the passing
of the said act, and the several claims and demands which have
accrued to any such persons by such losses in respect of any loss
destruction or damage of property occasioned by violence on the part
of persons in Her Majesty’s Service, or by violence on the part of
persons acting or assuming to act on behalf of Her Majesty, in the
suppression of the said Rebellion, or for the prevention of further
disturbances, and all claims arising under or in respect of the occupation
of any house or other premises by Her Majesty’s Naval or
Military Forces, either Imperial or Provincial. I do not find that
any objection was taken by the Home Govt to the principle or details
of either of these Acts, except on the ground that the preamble of the
first as it was originally introduced; contained a pledge which was
afterwards on Lord John Russell’s remonstrance expunged, that the
indemnification in question should form a charge on the Imperial
3. On the question of providing funds for the payment of the
indemnification thus voted, considerable difference of opinion appears
however to have prevailed in the local Parliament. The leaders of
the Liberal Party generally contended that it would be unjust to
make it a charge on the resources of the United Province, without
extending a similar boon to Lower Canada and that it would be
inexpedient to saddle on the General Revenue so considerable an
additional burden as the joint indemnities would probably amount
to—No steps were accordingly taken in the matter during the subsistence
of the first Baldwin Lafontaine Administration. In 1845
however, Lord Metcalfe’s Conservative Council proposed that a
special fund derived from Tavern & Marriage Licences which formed
part of the Revenue of the Consolidated Fund, and was more productive
in the Upper than Lower Canada should be surrendered to
the Municipalities, and that in Upper Canada it should in the first
place be charged with the payment of the Indemnity. This proposal
was carried through Parliament. On the same day however and at
an earlier hour the following Resolution was adopted by the House
of Assembly unanimously—  » Resolved that an humble address be
presented to His Excy the Governor General praying that His
Excellency will be pleased to cause proper measures to be adopted
in order to ensure to the inhabitants of that part of this Province
formerly Lower Canada indemnity for just losses by them sustained
during the Rebellion of 1837 and 1838—
4. In order that the scope and purpose of the Address thus
unanimously voted, & of the Measures taken by the Government
upon it may be properly understood, it is necessary that attention
should be directed to the following circumstances. Ordinances were
passed by the special Council in the years 1838 and 1839, under which
the losses of those Loyal Inhabitants of the Province whose property
had been destroyed while they were supporting the Government had
been ascertained and reported upon. It was therefore clearly the
intention of the Government & Parliament in the proceedings adopted
at this period to extend the indemnity beyond that limit.
5. The mode of getting over the pecuniary difficulty in the case
of the indemnity for U. Canada which the Parliament then sanctioned,
was unquestionably a costly one, and it has always been contended
by those who opposed the plan that as in the financial arrangements
consequent on the Union between the Provinces, Lower Canada
had by no means the best of the bargain, it was not fair to give up a
portion of the Common fund to which the Upper happened to contribute
more largely than the Lower Province, without granting an
equivalent to the latter.
6. The Commissioners appointed to apportion the Indemnity in
Upper Canada appear to have been unfettered by any Special Instructions
and to have Acted under the provisions of the Acts to which I
have referred which gave large discretionary powers—At the close
of their labors they delivered to the Govt lists of the claims rejected
or allowed by them without however any statement of the grounds of
their decision. There is no reason to doubt that they discharged their
trust with fidelity. During the course of the recent debates in
Parliament, quotations were however made from these lists, with the
view of shewing that in Some instances the names of persons who had
been actually convicted of treason appeared upon them as recipients
of Indemnity. Much irritating discussion took place on this point,—
for while on the one hand the Conservative opposition affirmed that
such cases were both few in number and defensible on special grounds,
Mr Papineau and his adherents contended that the insertion of a
clause in the Lower Canada act excluding persons so situated from
participating in the indemnity fund on any pretext whatsoever, was
only a fresh proof of the invidious distinction between the Provinces
constantly made to the disadvantage of Lower Canada—
7. In pursuance of the address of the Assembly above quoted,
Commissioners were appointed to enquire into the claims of persons
in Lower Canada whose property was destroyed during the Rebellion in 1837 and 1838—I enclose herewith copies of the document under
which they were appointed, and of the instructions by which it was
accompanied and followed. Your Lordship will observe that the
Commissioners were directed to classify the cases of those who may
have joined in the said Rebellion or may have been aiding and abetting therein from the case of those who did not, and when they enquired through their Secretary how they were to establish such a classification, they were answered by Mr Secretary Daly under the
Authority of the Governor in Council in the following terms:— « In
making out the classification called for by your Instructions of the
12th of Dec1 last it is not his Excellency’s intention that you should
be guided by any other description of evidence than that furnished
by the sentences of the Courts of Law. »
8. The Commissioners furnished their report, (a Copy of which I enclose.) in april 1840.—Mr Daly having on the 2s of that Month intimated to them in a letter Marked « Immediate » that His Excellency was desirous to be enabled to come to an early decision as to the course to be taken by the Executive during the Session of Parliament in regard to the same. It does not however appear that any further steps were taken in this matter by the Administration to which he belonged up to March 1848, when they retired from Office. As it cannot be supposed that the proceedings which I have detailed were intended to be barren of all result, this circumstance only goes to prove the great difficulty of dealing with the question Satisfactorily—
9. Such was the state however in which this question stood
when the present Government came into office— That they should
prepare and found a measure on what their predecessors had done
in the matter was to be expected, and I did not think that I should
be justified in risking a Ministerial Crisis at a time when my Council
was supported by the large Majority of a recently elected Assembly
by refusing to permit the introduction of a Bill which was similar
to one that had already been passed for the benefit of V.C. and which seemed moreover to be nothing more than the Strict logical
consequence of preliminary measures adopted by the local Government
and Parliament under former Governors.
10. The Preamble of the Bill of which a printed Copy is herewith
enclosed, declares that in order to redeem the Pledge given to parties
in Lower Canada, who sustained losses during the Rebellion in 1837
and 1838. or to their bona fide assigns or ayant droit by the Address
of the Assembly the appointment of a Commission and the Correspondence
of the Government above referred to, it is necessary and
just that the particulars of such losses not yet satisfied should prove
the subject of more minute enquiry under Legislative Authority,
and that the same so far only as they may have arisen from the
total or partial, unjust or wanton destruction of the dwellings, buildings,
property and effects of the said inhabitants and from the
seizure taking or carrying away of their property and effects should
be paid and satisfied « provided that none of the persons who have
been convicted of high treason alleged to have been committed in
that part of this Province formerly the Province of Lower Canada—
since the 1st day of November 1837 or who having been charged with
High Treason or other offences of a treasonable nature and
having been committed to the Custody of the Sheriff in the Gaol of
Montreal, submitted themselves to the will and pleasure of Her
Majesty and were thereupon transported to Her Majesty’s Island
of Bermuda, shall be entitled to any indemnity for losses sustained
during or after the said Rebellion, or in consequence thereof— It
authorizes the appointment of Commissioners for the purposes of
the Act and the Issue of Debentures to the amount of £100,000—
£10,000 of which however are set apart to make good claims allowed
by the Commissioners appointed under the Ordinance of the Special
Council— 90,000 remain for the special purposes of the Act. In
these particulars the Act merely adopts the recommendation of the
Commissioners of enquiry named by Lord Metcalfe, who state in
their report that the claims which they recognized represent a sum
total of £241,965,, 10„ 5, but that in their opinion the sum of £100,000
would be nearly equivalent to the losses suffered, and Sufficient to
meet the Amount of such claims as shall have been the object of a
closer Examination.
11. Notwithstanding however, the extent to which the preceding
Govt and Parliament itself appeared to be committed to the principle
and even to the details of this measure of indemnity for Lower
Canada, the most vehement and unrelenting opposition was raised
to it both within the Walls of the Legislature & beyond them. It
was contended that whereas the destruction of property which took
place in L Canada was generally the work of the Military or
volunteers employed in suppressing a Rebellion—it was in U. Canada
as generally the work of traitors or Sympathizers who were engaged
in raising one, that the two cases therefore required a different
treatment—and that a more stringent rule ought to have been applied to test the Validity of claims to indemnity in the Lower than,
in the Upper Province— To this it was answered that the principle
on which the Bill was framed had already been acted upon in UC,
and that Parliament by its unanimous vote had given a pledge that
it should likewise be applied to Lower Canada—that it was notorious
that much property belonging to unoffending persons had been
wantonly destroyed in this section of the Province during the
Rebellion. That it was false to affirm that the measure was intended
for the benefit of Rebels, that on the contrary all convicted
Rebels as well as those who having confessed their guilt were sent
to Bermuda were expressly excluded—and that for the rest the
Commissioners appointed under the Act would be bound under the
sanction of an oath precisely as the Commissioners for U. C. had
been before them to examine minutely into the justice of all claims
preferred before them and to apportion the indemnity according to
the true intent and meaning of the Act.
12. The opposition raised to the Bill in Parliament was echoed
out of doors— A considerable number of Petitions against it were
sent up from different parte of the Province— It is remarkable that
although these petitions were prepared while the measure was still
in progress through Parliament, & in many instances as appears
from incorrect statements contained in them, before its provisions
were accurately known, the great majority were addressed to me, but
few comparatively being presented to either branch of the Legislature
— Whether from the belief that it was hopeless to attempt to cause
their views to prevail with the Representatives of the people, or from
some other Motive which may not be so easily intelligible at a
distance it seems to have been from the first the determination of
the opposition to force me to join issue with the local Parliament
upon this most delicate & exciting question.
13. The Petitions addressed to me on this subject, generally
concluded with the prayer that I should either dissolve the Parliament,
or reserve the Bill when it reached me for the signification of Her
Majesty’s Pleasure. The former of these courses was obviously full
of hazard, and could only have been justified by the pressure of an
overbearing necessity—and the clearest prospect of success. The
Parliament had been but recently elected under the auspices not of
the Ministry but of the opposition. To have recourse to a general
Election in order to test the feelings of the people on this exciting
topic was to provoke in many parts of the Country scenes of violence,
perhaps of bloodshed— Moreover a dissolution implied a change of
Administration, and if it failed of its object, its only effect would
be to implant suspicion and mutual distrust between the Representative
of the Crown and the local Parliament— I was bound therefore,
as it appeared to me, to weigh all probabilities carefully before resorting
to so desperate an expedient. The best consideration which I
was able to bestow upon the subject led me to the conclusion that
a dissolution of Parliament in the circumstances in which the Prov-
ince was placed would not have been justifiable either in principle
or policy.
14— The other course suggested by the Petitioners vizt that of
reserving the Bill was undoubtedly more safe and practicable — Perhaps
if I had consulted in this matter only my own case I might have
been tempted to follow it — But I felt that after what had occurred
with respect to indemnity in Upper Canada, I could hardly fail to
cause just umbrage to Parliament if I declined to sanction the Bill
which it had passed for the benefit of sufferers in Lower Canada— I
analyzed with care the votes of the Assembly, and I found that on
the passing of the Bill 47 voted for and 18 against the Measure —
that of 31 Members from U C. who voted on the occasion 17 Supported
and 14 opposed it; and that of 10 members for Lower Canada of
British descent 6 Supported and 4 opposed it. These facts seemed
altogether inconsistent with the allegation that the question was one
on which the two races were arrayed against each other throughout
the Province generally. I considered therefore that by reserving the
Bill I should only cast on H Majesty & H. Majesty’s advisers a
responsibility which ought in the first instance at least to rest on my
own shoulders, and that I should awaken in the mind of the people at
large, even of those who were indifferent or hostile to the Bill, doubts
as to the sincerity with which it was intended that constitutional Govt,
should be carried out in Canada— doubts which it is my firm conviction
if they were to obtain generally would be fatal to the connection.
15— At any rate however this is a point which can be determined
only by the Government of the Queen If I have erred, the error is not
irreparable — Should your Lordship be of opinion that there is in the
character of this Measure some specialty which ought to have removed
it from the category of local questions on which the local Parliament
is entitled to pronounce, I shall at once « bow to your decision, coni
fident that you will still give me credit for having under circumi
stances of no ordinary difficulty acted with a sincere desire to perform
my duty to Her Majesty, and to promote the best interests of the

I have &


1 Copy, G. 461, p. 341.

MONTREAL 14th May 1849.

I have the honor to report that with slight interruptions tranquillity
has prevailed in Montreal since the date of my last Dispatches.
The Citizens of all parties begin to perceive that the trade of the Town
suffers seriously from rioting and evince a determination to put a
stop to it. The Government and Corporation are taking steps for the
establishment of an efficient police on the Model of the force instituted
by Lord Sydenham which proved to be so useful. I consider this a
very important measure, for it is undoubtedly objectionable that in
cases such as the present the friends of order should place their whole
reliance on the Military. All other parts of the Country are perfectly
quiet, and addresses continue to pour in from both Sections of the
Province, expressive of confidence in my administration and abhorrence
of the outrages recently perpetrated in Montreal. I enclose a
list of those already received.
2. That the Course which I have taken with reference to the
Rebellion Losses Bill created much irritation against me with a section
of the Conservative Party cannot I fear be doubted. I have reason
also to believe from the extreme virulence and personality with which
I have been attacked for some months past, by a portion of the opposition
Press, that the neutrality which I observed during the late
Elections and the frankness with which I accepted the Ministry imposed
on me by the choice of the people have been deemed in certain
quarters and unpardonable dereliction of duty. Nevertheless I cannot
but think that other motives must have conspired with these to induce
the promoters of the recent disturbances to direct the hostility
of the populace chiefly against me to the exclusion of others more immediately
responsible for the acts complained of— The course taken
by Mr Papineau who, although he voted for the Rebellion Losses Bill,
has in every instance since I sanctioned it, thrown his weight into the
scale of the opposition — published letters such as those of which I enclose
copies,—the former by a Mr Brown, a leader in the Rebellion, and
the latter by a gentleman who was the head of the Montreal Branch
of the Irish Republican League instituted last summer on this continent—
and many circumstances of a like character which it would be
tedious to enumerate— point irresistibly to the conclusion that among
the prime agents in these disgraceful transactions were persons who
had little sympathy in the ostensible objects of the rioters, but who,
calculating on the disaffection produced among the Commercial classes
by Free Trade, and on the excitement of the moment, thought the
occasion a favorable one for striking at the Monarchial principle in
the person of the Representative of the Queen—

I have &c


1 Copy, G. 461, p. 344.


Little has occurred during the past week that calls for special
report from me. Parliamt has continued its sittings without interruption
and got through a good deal of business— The peace of the City
of Montreal has not been disturbed— It is however much to be
feared that the members of some of the secret Societies are organizing
and arming themselves and that there exists in certain quarters a
determination to seize an early opportunity to make some desperate
effort against the Government, though with what precise object or in
what cause is not Known. Of the spirit which animates the leaders in
this movement Your Lordship may judge from the enclosed article in
reference to a police force which the Govt are now establishing for the
protection of the City, which I have extracted from one of the Organs
of the Party.
2. The difficulty of adopting measures of repression adequate to
the emergency, at all times, when popular excitement runs high, great
in a community constituted as this is, is grievously enhanced in the
present instance by the attempt which has been made in certain
quarters to make the indemnity Bill a pretext for stirring a war of
races— Had this malignant design been entertained only by persons
within the Province, it might have proved comparatively innocuous,
but when English writers situated at a distance from the scene of
strife and danger, seek by passionate appeals to rouse national antipathies
among those of their fellow countrymen whom British Legislation
has united politically with a large population of different origin,
it is only charity to hope that they have been unwittingly betrayed
into a course of proceeding of which they do not justly appreciate the
fearful consequences—
3. That more than one third of the Inhabitants of United Canada
are of French descent is true. It is also true that the Constitution of
the Province gives them the same rights and privileges as their brethren
of British Blood. But as they are numerically weaker, and as Lord
Sydenham’s representation scheme was notoriously not framed in
their interest, it is obvious that wherever the British are at one
among themselves they have a preponderating weight in the councils
of the Province.
4. In the very teeth however of these facts it has been contended
on both sides of the atlantic that measures supported by three fourths
of the Representatives of the people recently chosen under an electoral
system most popular in its character have been carried in defiance of
the wishes of the whole British population of the Province— and the
most outrageous assaults on constituted authority have been justified
on this plea.
5. Conscious as I have ever been of its fallacy I have nevertheless
thought it better to endure any amount of personal indignity than to
have recourse to measures from which the design of pitting race
against race could be inferred. So effectual have been the precautions
taken on this head that no retaliation has been exercised even by
political adversaries upon the persons who have been recently guilty
of Acts of incendiarism in this City or upon those who are regarded
as their instigators. I have waited patiently until the British Population
of U Canada should have had the necessary time to pronounce in
favour of Law order & constitutional Govt. This it is now doing with
much unanimity & determination, and I trust that the effect will be
salutary even on the most violent and misguided of the populace of
Montreal. If measures of greater severity should unfortunately
become necessary, at least they will not have been resorted to until
all milder methods have been exhausted and until it shall have been
made apparent that the question does not lie between race and ra*ee,
but between the supporters of Constitutional Government and its
implacable foes.

I have &c


1 Copy, G. 461, p. 349.

MONTREAL 30 May 1849.

I have the honor to inform Your Lordship that the Parliament of
Canada was prorogued this day, and to enclose a Copy of the Speech
delivered from the Throne on the occasion. For reasons which I shall
state in a Separate Dispatch, I thought it inadvisable that I should in
the present instance perform this office in person, and I therefore
appointed Major General Rowan who kindly consented to act for me,
Deputy Governor, for the purpose, according to a precedent furnished
during the Administration of the late Lord Sydenham.

I have &c


1 Copy, G. 461, p. 350.

MONTREAL 2d June 1849—


In my Despatch N° 56, of the 30th May I have informed Your
Lordship that I devolved upon Major General Rowan whom I
appointed Deputy Governor for the purpose the task of proroguing
the Canadian Parliament— I now proceed to submit a statement of
the reasons which induced me to depart in the present instance from
the practice usually observed on such occasions.
2. Your Lordship has already been apprized of the fact that when
I left the Parliament House on Wednesday the 25th of april last, after
assenting in Her Majesty’s Name to various Bills which had passed
the two Branches of the Legislature, I was assaulted by persons
apparently of a respectable class who pelted the Carriage with missiles
which they must have brought with them for the purpose. These
outrages were repeated with circumstances of aggravation, on the
following Monday, when I proceeded from my residence which is 3
Miles distant from Town to the Government House at Montreal to
receive an address which the House of assembly had resolved to
present in a body. On this occasion the panels of my carriage were
broken through in various places— I was myself struck on the chest,
and my Military Secy who was sitting beside me had his head cut,
open by a stone.
3 These proceedings have caused among the people of Canada
generally the deepest sorrow and indignation. Addresses of Sympathy
& Confidence have poured in upon me from all quarters. A certain
section of the more uncompromising opponents of the system of Govt
now in operation in this Colony, affect indeed to treat these addresses
lightly and to deny that they can be considered a test of the real
sentiments of the community— It is however admitted that they
arrive in great numbers—that they bear a vast amount of signatures
and that they are accompanied by deputations to an extent
altogether unprecedented— in the history of the Province That many
hundreds of the Industrious Yeomen of the Country should leave their
homes at the busy season of the Year and put themselves to great
inconvenience and expense in proof of the depth & sincerity of their
convictions, is a fact of which no ingenuity can extenuate the importance.
4. Nevertheless I am compelled with much regret to state as
regards a certain portion of the Inhabitants of the City of Montreal,
little has yet occurred to indicate a sincere determination on their
part to abandon the violent & irregular courses into which they have
been lately led and to revert to legal & constitutional means of opposing
the Govt—I am informed indeed that many of the more respectable
conservatives express in conversation their disapprobation of
what has taken place—their belief that violence is not conducive to
the interests of their party and their apprehension that it may lead
to the removal of the Seat of Government—These persons however
lack either the moral courage or the resolution to declare themselves
frankly & unreservedly the friends of order, even to the extent of
protecting the Queen’s representative from insult & injury. In their
desire to cast blame on the Government and to stigmatize the Rebellion
Losses Bill they adopt a tone with respect to the outrages of
which I have been the object which is little calculated to prevent the
repetition of them. In illustration of the view taken of this subject
by a highly respectable class of persons I enclose the copy of an
address proposed in the Legislative Council a few days ago & of an
Amendment upon it moved by the Honble Mr McGill one of my
late Executive Council and a very influential Citizen of Montreal
and supported by all the Conservative Members of the Body in
question. Under these circumstances your Ldp will not be surprised
to learn that there is little abatement in the virulence and personality
of a portion of the press and little security for the Moderation &
peaceful demeanor of that class of persons by whom the outrages of
the 25th & 30th of april were perpetrated.
5— I have felt it, in the very painful position in which I am placed,
to be an object of paramount importance to avoid every act which
could in any degree have a tendency to Keep up excitement or to
produce a collision between the Military force and the populace.
That the ceremony of the Prorogation of Parliament with its attendant
circumstance & pomp might, had I taken a part in it myself
have had such a tendency, there was but too much reason to fear. Sir
Benjamin D’Urban a few hours before his death wrote me a memorandum
strongly deprecating my attendance on the occasion. Although
I am disposed to think that his apprehensions were somewhat exaggerated,
enough of doubt remained in my mind after the fullest inquiry
which I was able to institute, as to the use which might be made of
my presence by persons desirous of fomenting disturbance, to induce
me to absent myself from the ceremony—Acting on a precedent
furnished by Lord Sydenham during the severe indisposition which
preceded his death I appointed a deputy to signify Her Majesty’s
pleasure on the Bills which had passed the Two Houses of Parliat
and to read the speech from the Throne. The proceedings of the
day passed off in perfect quietness and the effect on the public mind
of the course taken by me in so far as I can judge from the tone of
the Press and from other Sources of information within my reach,
appears to have been salutary.
I have &c



1 G. 134, p. 189.

Downing Street
13. June 1849.


I have had the honor of receiving your Lordships Despatch of
the 5th of May containing an account of the circumstances under
which an  » Act for the indemnification of the parties in Lower Canada
 » whose property was destroyed during the rebellion in the years 1837
 » and 1838″ has lately been passed by the Parliament of Canada, and
I have likewise received your Despatches mentioned in the margin
all referring to the state of the Province, and to the various proceed-
ings which the passing of this Act and the riots at Montreal have
2. Having carefully considered the information supplied by these
Despatches, Her Majesty’s Servants have arrived at the conclusion
that your conduct throughout these transactions is entitled to their
entire approbation; for the reasons you have so clearly stated in your
Despatch of the 5th of May we are satisfied that you did right both
in permitting the Members of your Council to bring into the Pro-
vincial Parliament a Bill for the purpose in question, and also in
assenting on behalf of Her Majesty to that which was passed by the
other two branches of the Legislature.
3. The Provisions of the Act as finally passed by the Provincial
Parliament do not appear to us to be open to just objection, and we
shall therefore be prepared when the properly authenticated Copy is
received with the other Acts of the Session, to advise Her Majesty
to make the usual Order for leaving it to its operation. We certainly
should not have decided upon adopting this course, had we regarded
the Act as one under which persons who had been guilty of the heinous
crime of rebellion could be relieved from losses which they had
brought upon themselves by their Offences. If the Act had appeared
to us to be either intended to provide Compensation for losses of this
description, or even to have been drawn up So loosely as to afford
facilities for such an abuse, we should have felt it to be our duty to
advise Her Majesty to avail Herself of Her power to disallow it,
because a measure tending to palliate the crime of Rebellion, could not
be sanctioned without injury to the safety, and to the honour of the
Crown. But the Act not only excludes from any benefit to be derived
from it, all those whose guilt in the rebellion has been established,
either by the Sentence of a Count of Justice, or by their having
submitted themselves to Her Majesty’s Mercy, but further expressly
provides that the losses for which compensation shall be made shall
be limited to those occasioned by the  » unjust, unnecessary, or
wanton » destruction or seizure of property during the Rebellion.
It is obvious that this enactment if fairly and honestly applied cannot
possibly be made the Means of rewarding Rebels, or making Compensation
to them for the losses incurred by their rebellion.
4. One further question remains, which is, will the execution of
the Act be in conformity with the terms in which it has been drawn?
On this point likewise Her Majesty’s Advisers are entirely satisfied.
For as the appointment of the Commissioners by whom the Law is
to be carried into effect is entrusted to the Governor, I cannot entertain
the slightest doubfc that persons will toe selected for this duty
whose honesty and firmness in applying the Rule laid down for their
guidance by the Act may be implicitly relied on. I have the more
confidence that the Act will not be abused, because I observe that in
your Answer to the Address of the County of Hastings, transmitted
in your Despatch N° 46, you express your firm belief that the Representatives
of the people of Canada  » did not intend in passing it to
 » countenance rebellion, or to compensate the losses of persons guilty
 » of the heinous crime of treason, » and  » you add that it was under this
 » conviction that you assented to the Bill, and in this spirit only could
 » you ever Consent as the Head of the Executive Government to give
« effect to it. » This assurance is entirely satisfactory to Her Majesty’s
Government, and I am glad to find from the very numerous
addresses, as well from the Western as from the Eastern Division of
the Province, which have been presented to you, that the strictly Constitutional
line of conduct you have followed ever since you have been
called upon to administer the affairs of Canada has been duly
appreciated iby the great majority of its Inhabitants, and that you are
in Consequence looked up to by them with the confidence and respect
to which you are so justly entitled.
5. With this powerful support I entertain no apprehension of your
not being enabled effectually to defeat any of the desperate and
criminal designs which you state in your Despatch N° 50 there is
reason to fear are entertained by some Members of Secret Societies,
and though I should most deeply deplore that any such wicked
attempts should be made, I have no doubt they would end in the
speedy discomfiture and punishment of their authors.
6. It only remains for me to add that I have laid before The
Queen the Petition from the Inhabitants of Kingston transmitted in
your Despatch N° 43, but for the reasons which I have stated in this
Despatch, it will not be in my power to advise Her Majesty to comply
with the prayer of the Petitioners by disallowing the Act to which
they object.

I have the honor to be
My Lord
your most obedient Servant

Copy to Council 4th July 1849.


1 G. 135, p. 24.



14 Sept, 1849.

I have had the honor to receive your Lordship’s Despatch of
the 20th of August N° 99, transmitting the copy of a Letter addressed
to the Provincial Secretary of Canada by the Police Magistrates of
Montreal, reporting the occurrence of disturbances on the occasion
of the arrest of certain persons charged with having destroyed the
Parliament House in April last.

I have received with great regret the intelligence of these fresh
interruptions of the public peace in Montreal, and I cannot withhold
the expression of my opinion that the existence of such a spirit of
insubordination in that City would appear to render it a very unfit
place for the Seat of the Provincial Government and for the meeting
of the Legislature.

I have the honor to be
My Lord,
Your most obedient
humble Servant.

&c &c &c


Copy to Council 28 Novr 49




1 See above p. 369.
2 Copy G. 461, p. 280.

MONTREAL 7th Septr 1848.

Your Lordship is doubtless aware that for some time past
demonstrations of a formidable character have been made in the
United States having for their ostensible object to raise funds and
by all other means which sympathy and enthusiasm can suggest
to Afford aid and support to the people of Ireland in their Struggle
for independence. This movement originated with the Irish residents
& the more advanced professors of the doctrine of Republican Propagandism.
It has however been countenanced and abetted by some
of the more active and unscrupulous leaders of the parties who are
now engaged in recommending the claims of their respective Candidates
to the Presidency and to whom it is of great moment to
secure the Irish Vote.
2. It is difficult, without a very intimate acquaintance with the
character and working of the institutions of the United States, to
appreciate correctly the degree of importance which attaches to such
demonstrations in that Country. At a period of intense excitement
—when the policy of a great nation, and the personal interests of
vast numbers of Office holders and Office Seekers are dependent upon
the result of a single election—when that result may be determined
by the votes of a Section of the people who are bound together by
peculiar ties and sympathies—how far it may be justifiable as a
mere canvassing Manouevre to abandon the reserve which statesmen
who recognize the ordinary principles of international morality are
wont to observe in treating of the affairs of foreign Countries—to
identify oneself for a temporary purpose with passions & prejudices
which one does not sincerely share, without any intention of adhering
to them when it is no longer safe or profitable to do so—are questions
of political casuistry on which it may not be convenient to dogmatize,
but which receive a rude practical solution on the occasion of each
successive Election of An American President.
3. After Making however every reasonable allowance for these
social & political anomalies, Enough remains to render the manifestations
which have recently taken place in the United States, a subject
of grave anxiety, more especially to those whose duty it is to
watch over the interests of the British Crown in this Portion of the
Empire. It is well Known that a considerable portion of the people
of that Country look towards this Province with a covetous eye—
that one at least of the individuals now aspiring to the Presidency
has declared himself in favor of the annexation of Canada—that
recent successes in Mexico have excited among the Citizens in many
Quarters an appetite for Military renown, and a profound conviction
of the invincibility of the Republic—that vast numbers of disbanded
Soldiers whom the termination of the Mexican War has thrown out
of Work are now roaming through the states ready for any adventure
which promises distinction or pillage. These circumstances render
it by no means improbable that an attempt may be made to turn
against Canada the tide of Irish Sympathy—which is likely from
present appearances to waste itself fruitlessly in projects of more
direct aggression upon Ireland—On this head both Mr Crampton H,
M’s Chargé d’Affaires at Washington, and Mr Barclay H Ms Consul
at New York, entertain Serious apprehensions—I enclose the Copy
of a letter lately addressed by the latter to Mr Sullivan, Provincial
Secretary, on the subject.
4. On the other hand I have much satisfaction in stating that the
persons who entertain these designs, whatever be the Amount of their
influence or of their sincerity, have received but little encouragement
from this side of the border — Their emissaries have indeed visited
the Province, and a certain class of Irish in Quebec and Montreal
have shewn a disposition to fraternize with them. But the bulk even of
the Repealers have stood aloof, alleging that they have no quarrel
with the Government of Canada, and that without compromising their
opinions on the affairs of Ireland, they deprecate all attempts from
without to effect changes in the constitution of this Province — At the
same time a large proportion of the most influential organs of the
Press — French as well as English — Radical as well as conservative,
have spoken boldly out declaring that bodies of men invading Canada
on such an errand whatever be their pretence, shall be regarded as
brigands and dealt with accordingly —
5. Under these circumstances as might be supposed, the branch
of the Irish Republican Union planted in this Province has not flourished
— A Newspaper under the designation of the United Irishman
has been established at Montreal to speak the Sentiments of the
party — a miserable parody of the journal with the Same title
published at Dublin. An Irish league has also been instituted with a
Directory in which the names of Messrs Bellingham & L. J. Papineau
figure among others of very small consideration — The former of these
Gentlemen is an Irishman of respectable family who seems to desire to
acquire some political influence here by putting himself at the head of
a Section of his countrymen, and proving at this crisis, that he is
more intensely Irish than their accredited leaders. In secret he gives
it to be understood that his object in joining the violent party is to
prevent them from going too far. The latter is now resident in the
Country at a distance from Montreal, and has not, to the best of my
Knowledge formally sanctioned the use made of his name by the Irish
republican Unionists,—no doubt he will stand by, prepared to accept
or to decline the honor conferred upon him according as success or
failure attends their movement — Some steps have moreover I understand
been taken in the Cities of Quebec and Montreal towards the
formation of Clubs to serve, if need be as foci of insurrection — but
judging from the information which the very defective means at my
command enable me to acquire, I am disposed to believe that this
organization has not assumed very formidable dimensions.
6. In view of all these circumstances I have thought it right to
take such precautions in order to be prepared to suppress insurrection
or to repel agression as can be adopted without incurring needless
expense— I have placed myself therefore in communication with Sir
Benjamin D’Urban, the Commander of the Forces, and as a simultaneous
movement of Sympathizers from without and of insurgents
within the Cities of Quebec and Montreal is the only contingency
calculated to inspire serious anxiety, I have resolved with his entire
approval and concurrence to call out, should the occasion arise, but not
otherwise, two Regiments of Volunteers — One French and the other
British, and to commit to them the custody of the City of Montreal
so as to leave the Garrison free to act with its entire strength upon
the frontier. In the present temper of the public mind in the United
States, I consider it of the greatest moment that any invading force
which presumes to violate British Territory from that quarter should
be promptly met and effectually crushed.
7. I am also desirous to avail myself of the present crisis to cause
some addition to be made to the miserably defective police force whose
services are at the disposal of the Government — A measure of this
description is indispensable to enable government in times of excitement
or trouble to afford adequate protection to life and property as
well as to perform other of its most important functions. I trust
that no misjudging economy will prevent it from being carried out.
I have &c


P.S. I enclose herewith copies of the only two numbers of the
United Irishman which have yet appeared— And I beg further to add
that I have despatched Colonel Bruce my Military Secretary to the
States with the view of his obtaining through personal communication
with Messrs Crampton and Barclay, and by other means, accurate
information with respect to the probable movements of Sympathizers
during the ensuing Winter.


1 See above p. 528.
2 G. 135 p. 150.

Colonial Office.
17th November, 1849.

I transmit to your Lordship a Copy of the Instructions which
have been addressed to Sir Henry L. Bulwer on proceeding to his
Post as Her Majesty’s Minister at Washington, on the subject of
the Commercial intercourse between the United States and the
British Provinces in North America.
2. You will communicate with Sir H. Bulwer on any portions of
the subject of these Instructions which may appear to your Lordship
to require such Communication.
3. I have instructed the Lieut Governors of the several North
American Provinces on their parts to Communicate either with your-
self, or with me direct, on any points affecting the interests of their
respective Provinces, which may appear to them to require attention
in the progress of the negotiation.

I have the honor to be
My Lord,
Your most obedient
humble Servant

&c &c &c

Foreign Office,
Nov 1st 1849.

In my other Instruction of this days date I have explained the
nature of the Communication which H:M’s Government wish you to
make to the Government of the United States upon the subject of the
removal of the restrictions to which British Vessels and Vessels of
the United States have hitherto been reciprocally subjected to in
trading to the Ports of the United States on the one hand and to those
of the United Kingdom and of its Dependencies on the other; I now
proceed to give you Some Instructions on the subject of the Commercial
Intercourse between the United States and the British Provinces in
North America, a matter to which H:M’s Government attach great
You will find by referring to the Archives of H.M’s Mission at
Washington, that communications have already taken place with
the United States’ Govt upon a proposal for the reciprocal free
admission into the United States, and into the British North American
Provinces of certain Articles of the produce of each. Mr Crampton,
in his Despatch to me, N° 63, of the 3rd July of this year reports that,
assisted by a Member of the Canadian Government, he had opened
a Communication on this matter with the United States Government,
and that a proposition had been made on our part for a fair reciprocity
of Trade in Agricultural Produce between Canada and the
United States.
To this proposal a guarded reply was made by the United States’
Secretary of State, who intimated that the United States Govt wished,
before giving any definite answer, to wait to see the result of the
proceedings then still pending in the British Parliament on the subject
of the Navigation Laws. But Mr Clayton stated verbally to
Mr Crampton that, unless all the British North American Provinces
were to be included in the arrangement to be made, and also unless
the Cod Fisheries in the Waters of the British North American
Colonies were thrown open to the Fishermen of the United States, the
President could not take upon himself to recommend the Congress
to adopt the British Proposal.
I have now to state to you that H: M’s Government regard it as
of the very highest importance, both commercially and politically,
that free admission to the Markets of the United States should be
obtained for those Articles the produce of British America which are
enumerated in an Act passed in the last Session of the Canadian
Parliament, of which I enclose a Copy for your information. You
will observe that the Articles to which this Act applies are exclusively
either Articles of Agricultural Produce, or raw Materials—
such as Timber and Metallic Ores: it is not proposed that the arrangement
should be carried further, because the free admission of Manufactures
and of various other Articles could not be permitted either
into the United States or into the British Provinces without interfering
with the Revenue and Commercial policy of both States.
You will not fail to observe that as regards the British Colonies,
the main object to be gained by the proposed arrangement is the
free introduction of their agricultural Produce, and especially of their
Grain and Flour into the United States.
Considering that these articles being the produce of the United
States are now admitted into the United Kingdom on the payment
of a merely nominal duty, H:M’s Government think themselves fairly
entitled to expect that, in return for this great advantage enjoyed by
the United States, the Agricultural produce of British America should
be admitted to the Markets of the Union on equally favorable terms.
But however reasonably this reciprocal concession might be expected
from the United States, yet as the Government of the United States
seems unwilling to grant it without receiving some further Commercial
advantages from Great Britain, Her Majesty’s Government
are not indisposed to make the United States some further Concessions
which they believe might be made without injury to British
Her Majesty’s Government are accordingly prepared in the first
place to consent, with one single exception, to Mr Clayton’s proposal
that the arrangement to be made should extend to all the British
Colonies in North America, the single exception would be Newfoundland,
to which, for reasons I will hereafter state, H:M’s Government
consider that the arrangement ought not to apply. In the next place
H.M’s Govt are also prepared on certain Conditions and with certain
reservations, to make the concession to which so much importance
seems to have been attached by Mr Clayton, namely, to throw open to
the Fishermen of the United States the Fisheries in the waters of the
British North American Colonies with permission to those Fishermen
to land on the Coasts of those Colonies for the purpose of drying their
Nets and curing their Fish, provided that in so doing they do not
interfere with the Owners of private property, or with the operations
of British Fishermen
Her Majesty’s Government, however, would require as an indispensable
condition in return for this concession that all Fish, either
fresh or cured, imported into the United States from the British North
American Possessions in Vessels of any Nation or Description, should
be admitted into the United States Duty Free, and upon Terms in all
respects of equality with Fish imported by Citizens of the United
Her Majesty’s Government would also feel it necessary to
attach to this Concession the reservation that as the Concession
applies solely to the Sea Fishery, the Fisheries in Estuaries and in
the mouths of Rivers, of which the Salmon Fishery is the most important,
must be reserved exclusively for British Fishermen, such
Fisheries being more or less of the nature of local or private
To the concessions above mentioned, Her Majesty’s Government
would be prepared, if necessary to add the admission of United
States Vessels and Citizens to a full and free participation in the
navigation of the River St Lawrence and of certain Canals to be
specified, which are connected with that Navigation; with the reservation
however that the British Government must retain the right
of suspending this privilege on giving due notice thereof to the
Government of the United States, whenever political considerations,
of which the British Government must be the sole judge, should in
it’s opinion render such a measure necessary.
Her Majesty’s Government might also possibly, if it should be
necessary, be willing to enter into an Agreement with the Government
of the United States for giving up that right to navigate the
River Colombia, which -was reserved to British Subjects by the 2d
Article of the Treaty of June 15, 1846, about the Oregon Territory.
But as such a concession would involve considerations connected
with the interests of the Hudson’s Bay Company, Her Majesty’s
Government could not enter into any » Agreement with the United
States on this matter without previous consultation with that Company;
and I mention this matter now, not in order that you should
make any suggestion about it to the United States Government, but
in order that if they should make any proposal thereupon to you,
you may feel yourself at liberty to refer it for the consideration of
Her Majesty’s Government.
Such, then, are the Commercial advantages which Her Majesty’s
Government are desirous of obtaining from the United States, and
Such are the Concessions which they are willing, if necessary, to
make in order to obtain those advantages.
You will of course understand that in stating to you at once the
full extent of these Concessions, H: M’s Govt do not mean that
you should go further in regard to them than you may find to be
necessary for the attainment of the objects in view. It is probable
that in reply to your application for the free admission of the
Produce of the British Provinces into the United States, the United
States’ Government will ask for the admission of the United States
Fishermen to a participation in the British North American Fisheries;
and it is possible that you may be able to conclude an Agreement
on those terms. This of course you should, in the first place endeavour
to do, but if you should find this impossible, you will then proceed
to add the offer of the free navigation of the St Lawrence.—
With reference to the arrangement for the free admission of the
produce of the British Provinces into the United States, I have to
say that H: M’s Government are very desirous that Coals should
be included in the List of Articles to be admitted free of Duty from
the United States into the British Provinces, and from the British
Provinces into the United States. To the Province of Nova Scotia
such an arrangement would be an object of very great importance;
but as there is reason to believe that such proposal would be likely
to meet with much objection on the part of the Government of
the United States as being injurious to the private interests of influential
parties in the Union, I have to instruct you not to stand out
upon this point, if you should find that it would throw any insurmountable
difficulty in the way of the speedy conclusion of the negotiation.
I have stated that it does net appear to H: M’s Government that
any part of the proposed arrangement ought to apply to Newfoundland.
The reason for this exception is that Newfoundland
stands upon a footing different from that of the other British Provinces,
and because H: M’s Government would wish, for the present,
to exclude Newfoundland from the proposed Agreement, and to
reserve the case of that Colony for separate consideration.
I have only to add that in conducting this negotiation you will
communicate freely with the Governor General of the British North
American Provinces on all points affecting their interests. Lord
Elgin will be instructed to afford you all the information and assistance
in his power.
I am &c

Sir H. Bulwer
&c &c &c


1 See above p. 549, 554, 563.
2 Copy. G. 461, p. 384.

TORONTO 23d Novr 1849.

I regret to State that I have found it necessary to dispatch a
Detachment of Soldiers from this place to the Eastern shore of
Lake Superior in order to protect the Miners settled in that District
from an attack with which they are threatened by certain Indians
and others professing to act on their behalf. The information which
has reached me from this quarter is very scanty and I am not without
hope that the rumors of apprehended disturbance will eventually
prove to have been much exaggerated—Meanwhile it has been deemed
advisable to take prompt measures for the preservation of the peace
in this remote portion of the Province—I enclose copies of letters
received from Mr Anderson Superintendent of Indians—Dr O’Meara,
Missionary at Manatoulin—and Mr Thomson—and the Copy of the
Minute in Council embodying the views of the Government.
2. In order that Your Lordship may be the better able to apprehend
the nature & origin of this difficulty with the Indians, it is
proper that I should put you in possession of the circumstances which
attended the introduction of Mining Companies into the District—It
appears that in the year 1845 permission was given by the Provincial
Government to certain individuals to explore the Northern and
Eastern shore of Lake Superior for minerals, and that in the following
year grants for mining purposes alone were made to these persons
of portions of the Territory in question on specified conditions. Soon
after my arrival in the Province complaints were addressed to me by
certain Indian Tribes who alleged that- the miners were trespassing
on their property—A report upon these Indian Claims was made by
Mr Papineau the Commissioner of Crown Lands of date Novr 1847
of which I herewith enclose a copy—The report was not altogether
satisfactory to me, and after the change of administration which took
place in the spring I again brought the subject under the consideration
of the Government. With the Concurrence of the Council I
sent Mr Anderson a very efficient officer of the Indian Department in
the summer of 1848, to examine into these Indian Claims, and I
enclose for your Lordship’s perusal a Copy of his report which was
favorable to the Indians, and of the correspondence which ensued
upon it with the Crown Lands Office. As the information which he
had collected was not in all particulars sufficiently complete to enable
the Government to propose terms to the Indians, he was sent up
again this summer with a colleague Mr Vidal on behalf of the
Provincial Government to complete his enquiries. These gentlemen
were on their return from their mission when the disturbance broke
out of which I have now to report the occurrence.

3. I cannot but think that it is much to be regretted that steps
were not taken to investigate thoroughly and extinguish all Indian
claims before licences of exploration or grants of land were conceded
by the Government in this Territory. This omission is the pretext
for the present disturbances and renders the Indians much more
difficult to treat with.
At the same time it must be admitted that their claims are of
a questionable character, and as they are a docile people and cognizant
of the steps which the Government is now taking to ascertain
and satisfy them, there can be little doubt that they are seduced into
violent courses by the evil counsels of unprincipled white men—
I have &c


1 See above p. 559,
2 Canada State Book, J, 521

1st DECEMBER 1849.
The Committee of the Executive Council have had under consideration,
on Your Excellency’s reference, certain letters addressed
to Mr Secretary Leslie by individuals holding Commissions during
the pleasure of the Crown whose names appeared to an Address to
the people of Canada which was lately published in several of the
Newspapers of the Province, and in which Address separation from
the British Empire and annexation to the United States of America
are recommended as a remedy for certain evils under which the
Province is therein alleged to be labouring. These letters are in
reply to enquiries made by Mr Secretary Leslie as to whether the
names of the parties referred to had been attached to the address
by themselves or with their consent. The Committee of Council
observe that some of the parties called on for explanation by Mr
Secretary complain of this as an invasion by the Executive Government
of their constitutional rights as British subjects. The Committee
of Council however see nothing in the step thus taken partaking of
such a character. There can be no doubt in the Opinion of the
Committee of Council that Your Excellency must feel bound by a
sense of duty as well to our beloved Sovereign and to Empire at large
as to the entire people of Canada not only to maintain the connexion
with the Parent State by the fullest exercise of all the powers conferred
on you by Her Majesty but to discourage by all the means constitutionally
within Your controul every attempt calculated to impair
it. In the performance of this duty there can be no desire to question
any one upon mere abstract speculations regarding different
forms of Government. It is for parties to satisfy themselves to
what extent they may proceed with such speculations without the
risk of compromising themselves by a breach of the laws of the land.
When however an individual arrives at the deliberate conclusion
that what he deems the evils under which his Country labours
require not merely a reformation of the Constitution but its entire
overthrow, and when such person entertain this Opinion not as a
mere speculative theory possibly to be realized in some remote and
undefined future, but actually taken Measures directly intended
to bring about such revolutory change, it appears to the Committee
perfectly obvious that apart from all consideration or emergency
as to consequences of a still more serious character, such party should
not be permitted to remain in the anomalous and invidious position
of holding a Commission during the pleasure of a Sovereign Power
which he desires to subvert. The object of Mr Secretary Leslie’s
letter was to assertain whether the respective parties being holders
of such Commissions have placed themselves in the position referred
to,—and the Committee find from the answers that in some instances
the signatures have been admitted in others they have been denied,
while in others again the parties have failed to answer directly.
Under these Circumstances the Committee of Council would
respectfully recommend that those gentlemen who have admitted
their having been parties to the Address in question, and likewise
those who have failed to give a direct denial of their having been
so should be removed from all offices held by them during the pleasure
of the Crown.—And that the Honorable Mr Leslie, Her Majesty’s
Provincial Secretary, do give the necessary directions herein

All which is respectfully Submitted.
By Order,


Executive Council Chamber,
Toronto, 1st December 1849.



1 See above p. 522.
2 Montreal Gazette, 11 October, 1849.

THE number and magnitude of the evils that afflict our country, and the
universal and increasing depression of its material interests, call upon all persons
animated by a sincere desire for its welfare to combine for the purposes of
inquiry and preparation with a view to the adoption of such remedies as a
mature and dispassionate investigation may suggest.

Belonging to all parties, origins and creeds, but yet agreed upon the advantage
of co-operation for the performance of a common duty to ourselves and our
country, growing out of a common necessity, we have consented, in view of a
brighter and happier future, to merge in oblivion all past differences of whatever
character, or attributable to whatever source. In appealing to our Fellow-Colonists
to unite with us in this our most needful duty, we solemnly conjure them, as they
desire a successful issue and the welfare of their country, to enter upon the task
at this momentous crisis in the same fraternal spirit.
The reversal of the ancient policy of Great Britain, whereby she withdrew
from the Colonies their wonted protection in her markets, has produced the
most disastrous effects upon Canada. In surveying the actual condition of the
country, what but ruin or rapid decay meets the eye! Our Provincial Government
and Civic Corporations, embarrassed; our banking and other securities greatly
depreciated; our mercantile and agricultural interests alike unprosperous; real
estate scarcely saleable upon any terms; our unrivalled rivers, lakes and canals
almost unused; whilst commerce abandons our shores; the circulating capital
amassed under a more favourable system is dissipated with none from any
quarter to replace it. Thus, without available capital, unable to effect a loan
with Foreign States, or with the Mother Country, although offering security
greatly superior to that which readily obtains money both from the United
States and Great Britain, when other than Colonists are the applicants;—
crippled, therefore, and checked in the full career of private and public
enterprise, this possession of the British Crown—our country—stands before the
world in humiliating contrast with its immediate neighbours, exhibiting every
symptom of a nation fast sinking to decay.
With surperabundant water power and cheap labour, especially in Lower
Canada, we have yet no domestic manufactures; nor can the most sanguine, anless
under altered circumstances, anticipate the home growth, or advent from foreign
parts, of either capital or enterprise to embark in this great source of national
wealth. Our institutions, unhappily, have not that impress of permanence which
can alone impart security and inspire confidence, and the Canadian market is
too limited to tempt the foreign capitalist.
Whilst the adjoining States are covered with a net-work of thriving railways,
Canada possesses but three lines, which, together, scarcely exceed 50 miles in
length, and the stock in two of which is held at a depreciation of from 50 to 80
per cent.—a fatal symptom of the torpor overspreading the land.
Our present form of Provincial Government is cumbrous and so expensive
as to be ill suited to the circumstances of the country; and the necessary reference
it demands to a distant Government, imperfectly acquainted with Canadian
affairs, and somewhat indifferent to our interests, is anomalous and irksome.
Yet, in the event of a rupture between two of the most powerful nations of the
world, Canada would become the battle-field and the sufferer, however little her
interests might be involved in the cause of quarrel or the issue of the contest.
The bitter animosities of political parties and factions in Canada, often
leading to violence, and, upon one occasion, to civil war, seem not to have abated
with time; nor is there, at the present moment, any prospect of diminution or
accommodation. The aspect of parties becomes daily more threatening towards
each other, and under our existing institutions and relations, little hope is discernible
of a peaceful and prosperous administration of our affairs, but difficulties will, to all appearance, accumulate until government becomes impracticable.
In this view of our position, any course that may promise to efface
existing party distinctions and place entirely new issues before the people, must
be fraught with undeniable advantages.
Among the statesmen of the Mother Country—among the sagacious
observers of the neighbouring Republic—in Canada— and in all British North
America—amongst all classes there is a strong pervading conviction that a
political revolution in this country is at hand. — Such forebodings cannot readily
be dispelled, and they have, moreover, a tendency to realise the events to which
they point. In the meanwhile, serious injury results to Canada from the effect
of this anticipation upon the more desirable class of settlers, who naturally prefer
a country under fixed and permanent forms of government to one in a state of
Having thus adverted to some of the causes of our present evils, we would
consider how far the remedies ordinarily proposed possess sound and rational
inducements to justify their adoption:
1.— »The revival of protection in the markets of the United Kingdom. »
This, if attainable in a sufficient degree, and guaranteed for a long period of
years, would ameliorate the condition of many of our chief interests, but the
policy of the empire forbids the anticipation. Besides, it would be but a’partial
remedy. The millions of the Mother Country demand cheap food; and a second
change from protection to free trade would complete that ruin which the first
has done much to achieve.
2.— »The protection of home manufactures. »
Although this might encourage the growth of a manufacturing interest in
Canada, yet, without access to the United States market, there would not be a
sufficient expansion of that interest, from the want of consumers, to work any
result that could be admitted as a « remedy  » for the numerous evils of which we
3.— »A federal union of the British American Provinces. »
The advantages claimed for that arrangement are free trade between the
different Provinces, and a diminished governmental expenditure. The attainment
of the latter object would be problematical, and the benefits anticipated from
the former might be secured by legislation under our existing system. The
markets of the Sister Provinces would not benefit our trade in timber, for they
have a surplus of that article in their own forests; and their demand for agricultural
products would be too limited to absorb our means of supply. Nor
could Canada expect any encouragement to her manufacturing industry from
those quarters. A federal union, therefore, would be no remedy.
4.— »The Independance of the British North American Colonies as a Federal
Republic. »
The consolidation of its new institutions from elements hitherto so discordant—
the formation of treaties with foreign powers—the acquirement of a
name and character among the nations—would, we fear, prove an over-match
for the strength of the new Republic. And, having regard to the powerful confederacy
of States conterminous with itself, the needful military defences would
be too costly to render independence a boon, whilst it would not, any more than
a federal union, remove those obstacles which retard our material prosperity.
5.— »Reciprocal free trade with the United States, as respects the products
of the farm, the forest, and the mine. »
If obtained, this would yield but an instalment of the many advantages
which might be otherwise seeured. The free interchange of such products would
not introduce manufactures to our country. It would not give us the North
American Continent for our market. It would neither so amend our institutions
as to confer stability nor ensure confidence in their permanence nor would it
allay the violence of parties, or, in the slightest degree, remedy many of our
prominent evils.
6.—Of all the remedies that have been suggested for the acknowledged
and insufferable ills with which our country is afflicted, there remains but one
to be considered. It propounds a sweeping and important change in our political
and social condition involving considerations which demand our most serious
We would premise that towards Great Britain we entertain none other than
sentiments of kindness and respect. Without her consent we consider separation
as neither practicable nor desirable. But the Colonial policy of the Parent State,
the avowals of her leading statesmen, the public sentiments of the Empire,
present unmistakable and significant indications of the appreciation of Colonial
connection. That it is the resolve of England to invest us with the attributes and
compel us to assume the burdens of independence is no longer problematical.
The threatened withdrawal of her troops from other colonies—the continuance of
her military protection to ourselves only on the condition that we shall defray
the attendant expenditure, betoken intentions towards our country, against
which it is weakness in us not to provide. An overruling conviction, then, of its
necessity, and a high sense of the duty we owe to our country, a duty we can
neither disregard nor postpone, impel us to entertain the idea of separation; and
whatever negociations may eventuate with Great Britain, a grateful liberality
on the part of Canada should mark every proceeding.
The proposed union would render Canada a field for American capital, into
which it would enter as freely for the prosecution of Public works and Private
enterprise as into any of the present States. It would equalise the value of real
estate upon both sides of the boundary, thereby probably doubling at once the
entire present value of property in Canada, whilst, by giving stability to our
institutions, and introducing prosperity, it would raise our public corporate and
private credit. It would increase our commerce, both with the United States and
foreign countries, and would not necessarily dimmish to any great extent our
intercourse with Great Britain, into which our products would for the most part
enter on the same terms as at present. It would render our rivers and canals the
highway for the immigration to, and exports from, the West, to the incalculable
benefit of our country. It would also introduce manufactures into Canada as
rapidly as they have been introduced into the Northern States; and to Lower
Canada especially, where water privileges and labour are abundant and cheap,
it would attract manufacturing capital, enhancing the value of property and agricultural
produce, and giving remunerative employment to what is at present a
comparatively non-producing population. Nor would the United States merely
furnish the capital for our manufactures. They would also supply for them the
most extensive market in the world, without the intervention of a Custom House
Officer. Railways would forthwith be constructed by American capital as feeders
for all the great lines now approaching our frontiers; and railway enterprise in
general would doubtless be as active and prosperous among us as among our
neighbours. The value of our agricultural produce would be raised at once to a
par with that of the United States, whilst agricultural implements and many of
the necessaries of life, such as tea, coffee and sugar, would be greatly reduced in
The value of our timber would also be greatly enhanced by free access to
the American market, where it bears a high price, but is subject to an onerous
duty. At the same time, there is every reason to believe that our shipbuilders,
as well at Quebec as on the Great Lakes, would find an unlimited market in all
the ports of the American continent. It cannot be doubted that the shipping trade
of the United States must greatly increase.—It is equally manifest that, with
them, the principal material in the construction of ships is rapidly diminishing,
while we possess vast territories, covered with timber of excellent quality, which
would be equally available as it is now, since under the free trade system our
vessels would sell as well in England after annexation as before.
The simple and economical State Government, in which direct responsibility
to the people is a distinguishing feature, would be substituted for a system, at
once cumbrous and expensive.
In place of war and the alarms of war with a neighbour, there would be
peace and amity between this country and the United States. Disagreements
between the United States and her chief if not only rival among nations would
not make the soil of Canada the sanguinary arena for their disputes, as under our
existing relations must necessarily be the case. That such is the unenviable condition
of our state of dependence upon Great Britain is known to the whole
world, and how far it may conduce to keep prudent capitalists from making
investments in the country, or wealthy settlers from selecting a fore-doomed
battle-field for the home of themselves and their children, it needs no reasoning
on our part to elucidate.
But other advantages than those having a bearing on our material interests
may be foretold. It would change the ground of political contest between
races and parties, allay and obliterate those irritations and conflicts of rancour
and recrimination which have hitherto disfigured our social fabric. Already in
anticipation has its harmonious influence been felt—the harbinger may it be
hoped of a lasting oblivion of dissensions among all classes, creeds and parties
in the country. Changing a subordinate for an independent condition, we
would take our station among the nations of the earth. We have, now, no voice
in the affairs of the Empire, nor do we share in its honors or emoluments.
England is our Parent State, with whom we have no equality, but towards whom
we stand in the simple relation of obedience. But as citizens of the United
States the public services of the nation would be open to us,—a field for high
and honorable distinction on which we and our posterity might enter on terms
of perfect equality.
Nor would the amicable separation of Canada from Great Britain be
fraught with advantages to us alone. The relief to the Parent State from
the large expenditure now incurred in the military occupation of the country,—
the removal of the many causes of collision with the United States, which result
from the contiguity of mutual territories so extensive.—the benefit of the larger
market which the increasing prosperity of Canada would create, are considerations
which, in the minds of many of her ablest Statesmen, render our incorporation
with the United States a desirable consummation.
To the United States also the annexation of Canada presents many important
inducements. The withdrawal from their borders, of so powerful a nation,
by whom in time of war the immense and growing commerce of the lakes would
be jeopardized—the ability to dispense with the costly but ineffectual revenue
establishment over a frontier of many hundred miles—the large accession to
their income from our Customs—the unrestricted use of the St. Lawrence, the
natural highway from the Western States to the ocean, are objects for the attainment
of which the most substantial equivalents would undoubtedly be conceded.


We have thus laid before you our views and convictions on a momentous
question—involving a change, which, though contemplated by many of us with
varied feelings and emotions, we all believe to be inevitable;—one which it is
our duty to provide for, and lawfully to promote.
We address you without prejudice or partiality,—in the spirit of sincerity
and truth—in the interest solely of our common country,—and our single aim
is its safety and welfare. If to your judgment and reason our object and aim
be at this time deemed laudable and right, we ask an oblivion of past dissensions;
and from all, without distinction of origin, party, or creed, that earnest and
cordial co-operation in such lawful, prudent, and judicious means as may best
conduct us to our common destiny.
John Torrance
Jacob De Witt, M.P.P.
J. Redpath
John Molson
David Torrance
William Workman
D. L. Macpherson
Thomas B. Anderson
L. H. Holton
J. G. Mackenzie
Robert Mackay
Benj. Holmes
David Kinnear
John Rose, Q.C.
John Glass
Charles Bockus
Edward Goff Penny
S. Jones Lyman
Benjamin Brewster
John Ostell
R. Corse
Jason C. Pierce
Joseph Knapp
William Murray
Edward Way
John Frothingham
Sabrevois DeBleury
Stanley Bagg
Alex. Bryson
Allan McDonell
H. Busseau
W. D. Lindsay
Norton B. Corse
Henry Chapman
William Muir
Charles Phillips
John Monk
William Molson
Louis Boyer
Jean Bruneau
Wm. Gemmill
D. Lorn Macdougall
Edward Maitland
Benjamin Hart
John Tully
John Bell
Geo. Weekes
John M. Tobin
Edwin Atwater
J. B. A. Couillard
Robt. Anderson
James Sadlier
Benj. Workman
H. L. Routh
F. G. Johnson, Q.C.
John Orr
Hugh Taylor
M. M’Culloch, M.D.
Abner Bagg
Louis Blanchard
Thomas Forsyth
John Yule, Jr.
John Carter
Thomas Peck
Peter W. Dease
J. B. Asselin
Geo. Perry (Cobourg)
John Fisher
Sydney Jones
J. B. Torry
J. F. Cowell
Michael Kelly
James R. Orr
John Henderson
Robt. Cross
Jno. Mathewson
Robt. Esdaile
Theodore Lyman
F. T. Hall
J. W. Torrance
John McGillis
William McDougall
Joseph Ward
Robt. Morton
Geo. Brush
Francis Muffins
William Allen
Thos. Redhead
R. U. Innes
Alex. Urquhart
James Gordon
John McCoy
James Paterson
Noah Shaw
Z. B. Clark
N. B. Corse
Jas. Haldane
M. Buck
John McCrow
Jac. C. Beers
Charles Alexander
Wm. Lawley
Norman McDonald
Robert Graham
A. W. Atwater
Chas. Seymour
Robert Mills
Walter McFarlane
C. Gallagher
S. H. Day
Jas. Thompson, (Laprarie)
Joseph Ryan
Hugh Thompson
T. J. Green
Nicholas Ryan
J. Egar
E. S Taylor
Charles Warren
David Milligan
Chas. D. Proctor
James Crayk
Charles Campbell
Richard Robinson
Thomas Neagle
John Olancey
George Fellers
T. Miller
George Groves
Edward Murphy
Andrew Hays
Henry Archbold
C. E. Seymour
Joseph Savage
James Taylor, St. Armand
I. J. C. Abbott
C. M. Kelly
James Benny
John Whitelaw
M. H. Seymour
John Sutherland
Geo. A. Holland
H. H. Whitney
N. S. Whitney
James Douglas
Nelson Davis
J. H. Evans
Wm. Brooks
B. Hutchins
James Charles
Henry Brewster
M. Babcock
James P. Clark
C. D. Shaw
Wm. McBean
George Morton
Charles Mayo
Benj. Francis
Robt. Adams
N. 0. Green
Louis Gnaidinger
Rom. Trudeau
P. Murphy
John Kain
Alexr. Murphy
Peter Dunn
James Ferrier, Jr.
David Ferguson
George D. Ferrier
Archd. Ferguson
David Paton
Edward Maxwell
William Hutchison
James Morrison
Thos. M. Taylor
Alexr. M.Donald
Adam Stevenson
James Barnard
Peter Redpath
James Torrance
John Kay
W. C. Evans
Robt. Campbell
J. H. Springle
John Boyd
And. Wilson
Hugh Craig
Jos. C. Price
William Told
Saml. Benjamin
James Lewis
Goodman Benjamin
David Lewis
Alfred Savage
A. King Lavicount
James Hutton
John Sproston
John Gordon
Charles Geddes
Dugald Stewart
S. S. McCuaig
George Easton
Norman S. Frost
Thomas Gordon
James Harvey
John Kerr
J. A. Perkins
S. E. Gregory
George Browne
William McDonald
Geo. Hall
Thos. Kay
Saml. Mathewson
James Patton
Donald Ross
Geo. Wright
Jno. Sinclair
William Stephen
Wm. Watson
T. D. Hall
John Whyte
John Leeming
Benj. Lyman
Arch. McFarlane
J. H. Birss
And. McFarlane
Ed. Howell
Isaac R. Eckart
Jos. N. Hall
Ferdinand Smith
J. G. Shipway
J. Esdaile
Hy. Mulholland
J. Mahony
George Bent
Neil Mcintosh
Robt. Chalmers
Chas. Chalmers
Thomas Workman
Thomas Whitty
John McArthur
A. Ramsay
Jas. Scott, Jr.
Theodore Hart
Heny Lyman
Ebenezer Muir
P. Drumgoole
Phillip Whitty
William Whitty
P. Larkin
Mich. McDonel
James McShane
Richd. Philbin
John Wright
Edward Carter
John Whitty
W. L. Haldimand
James Potts
Pierre Larue
E. R. Green
E. C. Tuttle
H. S. Bohl
Michel Collette
Frs. Duclos
Germaine Lepage
C. Quevirion
D. H. Warren
Rinaldo Fuller
Wm. Dier
W. W. Janes
Pierre Hudon
Thos. Coalette
E. B. Dufort
P. P. Martin
Francis Warren
J. B. Germain
N. Poirier
John Cassidy
Jules Guildry
J. Bte. Gadbois
W. G. Stethem
Alexr Fleck
A. Venuor
Maxime Lemyr
A. Lesperance
Thos. McGrath
P. Bte. Pautre
Edouard Rivet
D. Farrell
Jas. Irwin
Adolphe Roy
L. J. Beliveau
John P. Murphy
Michl. Foley
John Kelly
Henry Peacock
A. Bourne
P. O. Sullivan
Joseph Potts
C. S. Souvrier
Walter Charles
T. Letourneux
John McDonald
Alexis Cusson
James Muir
Henry E. Benson
E. Baird
T. Woodside
G. L. Rolland
L. Fortier
P. LeSueur
Jno. Loughry
A. Reignier
Henry Carleton
R. E. Seymour
Wilder Pierce
J. Slack
John Brown
Thos. Moreland
T. C. Panton
A. Burroughs
Joseph Kirkup
Ashley Hibbard
Thos. Borbridge
Simon McT. Charles
Joseph Aumond


1 See above p. 562.
2 G. 186, p. 47.

Recd 17. Feby 1850.

9. January 1850.

I have to acknowledge the receipt of your Lordship’s Despatch of the 8th
November transmitting a Petition from Mr H. Smith and several other Residents
in the Gore District representing the injury inflicted on their interests by the
American Tariff on the Agricultural productions of Canada, and I am to instruct
your Lordship to acquaint the Petitioners that Her Majesty’s Government are
fully impressed with the importance of the subject to which they have called my
attention, and are anxious to conclude an arrangement with the Government of
the United States by which the free interchange of the Agricultural Produce of
those States and of Canada may be allowed, as being calculated greatly to
promote the advantage of the Inhabitants of both.

I am
My Lord
Your most obediemt Servant

Right Honble
Earl of Elgin
Substance to H. Smith Esq M. P.P. 19 Feby 1850.



3 See above p. 578.
4 Canada State Book, J. p. 455.

On the Subject of the Provincial Parliament being convened alternately
at Toronto and Quebec.

The Committee of the Executive Council have had under consideration upon
Your Excellency’s reference the Resolution of the Honorable the Legislative
Council; and also the Address of the Honorable the Legislative Assembly of
last Session on the Subject of the Place at which the future Sessions of the
Provincial Parliament Should be holden together with Your Excellency’s Answer
to the latter: And the Committee most respectfully beg leave to report that after
the best consideration that they have been able to give the Matter, they see no
Sufficient grounds arising out of anything that has transpired Since the Prorogation
of Parliament to lead them to a different conclusion upon this question
from that arrived at by the Popular Branch of the Legislature in this Address.
The Committee therefore respectfully advise Your Excellency that the recommendation
of the House of Assembly that Parliament be in future convened
alternately at Toronto and Quebec during periods not exceeding four years at
each place be adopted and acted upon.
As it would be manifestly most inconvenient to have the Public Archives
and the Departments of State at a different place from that at which the Parliament
is to Sit the Committee conceive that the adoption of the views of the
House of Assembly in this particular leads of necessity to the removal of those
Archives and Departments to the place at which Parliament is to be assembled.
They therefore conceive it expedient that the place where it may be Your
Excellency’s Pleasure to Summon Parliament for the next Session Should be
decided upon and the necessary Steps taken for the removal of the Public
Departments thither with as little delay as possible. And they are respectfully
of opinion that under all circumstances it will be most expedient that Such
removal Should in the first instance be to the City of Toronto for the period of the
constitutional duration of the present Parliament — And that the quadrennial
periods of alternation be commenced with the removal to Quebec at the
expiration of that time.
The Committe would also recommend that in Order to prevent any misapprehension
as to the full intention of the Government and Parliament to
carry out Strictly the principle of an alternate periodical residence in each
Section, estimates be prepared and Submitted to Parliament at the next Session
for making Such alterations and additions in and to the Public Buildings both
in Toronto and Quebec as may be necessary for the accommodation of the
Representative of the Sovereign, the Departments of State and both Honse of
Parliament in each of those Cites.
The Committee are also of Opinion that the Honorable the Commissioners
of Public Works be charged with the removal of the Public Archives and property
to Toronto and with the Making the necessary temporary arrangements
there for the reception and accommodation of Your Excellency, the Public
Departments and both Houses of the Provincial Parliament. And that accountable
Warrants to an amount not exceeding in the whole the sum of Three thousand
pounds be from time to time issued to them to cover the necessary expense of
such removal and arrangements.
With respect to the expense of removing the Public Officers their families
and effects the Committee would advise that the Course followed on the removal
from Kingston in 1844 be adopted on the present occasion. That the payment
of such expense out of the public funds Should be favourably recommended by
Your Excellency to Parliament at the next Session— And that in the mean time
these different parties be informed that transport will be provided for them
by the Commisioners of Public Works with whom they must Communicate on
the Subject, and that Should the Legislature not approve of its being done at the
public expense the respective amounts paid on their Accounts will be deducted
from their Salaries falling due on the 1st July next.
The Committee respectfully recommend that the Substance of this Minute
be communicated by M* Secretary Leslie to the Heads of the different Public
Departments for the information of themselves and their Officers and Clerks.
All which is respectfully Submitted.

By Order

Drummondville Niagara Dist
18th October 1849


1 See above p. 593.
2 Copy, G. 461, p. 402.

N° 150.

TORONTO 9 Feby 1850.


I have to acknowledge Your Lordship’s Despatch Military of the 11th
of Janr Marked Confidential in which you observe that you have not yet
received an answer to your Confidential Despatch of the 29th Decr 1848 calling
upon me to report whether the large force now maintained in Canada might
not in my opinion admit of reduction.
2. In reply I have the honor to state that on receipt of the last mentioned
Despatch, I . placed myself as directed by your Lordship in communication
with the General then Commanding H M’s Forces in N. America, furnishing
him with a copy thereof and apprizing him of my desire to be favored with
his views both as to the expediency of any reduction being made in the Military
Force stationed in the Province and as to the extent to which each reduction
might safely be carried. I enclose a copy of the reply to these enquiries
written by the late Sir Benjamin D’Urban’s directions. Your Lordship will
observe that he gave it as his opinion putting all duties properly belonging to
the Police out of the question, with a smaller force than that now serving in
Canada, lying as it does in close contact with the U. States, along a frontier
of so many hundred miles, due protection could not be afforded to its inhabitants
from any possible attack of a foreign Enemy, nor such protection when
it might be called for promptly and effectually afforded.
3. It may be proper in quoting this communication from Sir B. D’urban
to remind your Lordship that for several months immediately preceding the
date which it bears, the peaceful inhabitants of Canada dwelling on the
extended frontier line which separates this Province from the United States
had been kept in constant anxiety by threats of invasion—Assocations had
been formed in several of the principal Cities of the neighboring Republic for
the Avowed purpose of striking a blow at England. For this service, volunteers
had been enrolled & funds subscribed; and leading politicians connected with
different parties in the Union, being at the time engaged in the canvass for the
Presidential Election, had lent their countenance to the project. I had received
information from H. M. Minister at Washington and from the British Consul
at New York calculated to inspire me with very serious apprehensions for
the safety of the Province—Two members of the Executive Council whom
I had sent to Washington on special business, returned with a most unfavorable
impression of the disposition of the Authorities—So grave did the peril appear,
that I had, with the concurrence of the General Commanding, made arrangements
to call out Militia Regiments at a moments notice, with the view of
relieving the Troops stationed in Montreal, and enabling the whole Military
force of the District in case of need to act promptly on the Frontier.
4. It is moreover important that it should be observed that all this
occurred without any pretext for the Threatened aggression being afforded by
the proceedings of the people of the Province. Not only had their conduct
been as respected their neighbors altogether without reproach, but their relations
with the Mother Country were at the time on a footing entirely Satisfactory.
The emissaries from the States who visited the Colony in the hope of
obtaining from certain classes of the inhabitants manifestations of sympathy
with the designs of the American clubs in every instance signally failed.
5. I have ventured to recall these circumstances, of which you were duly
apprized at the time, to your Lordship’s recollection at present, because they
serve to indicate not only the ground of the opinion expressed in Sir B.
D’Urban’s letter, but also the peculiar character of the hazards to which
Canada is exposed by reason of her connection with Great Britain, and of
the claim which she consequently has on the Imperial Government for protection.
Not only is she liable to become as in 1812, the theatre of the operations
of regular warfare between contending armies, in the event of the occurrence
of hostilities between Great Britain and the United States; but she is moreover
exposed in quarrels not of her own seeking,—to the irregular aggressions of
a population whose peculiar political organization affords them unusual facilities
for molesting unoffending neighbors with impunity.
6. Under these circumstances it appears to me that the main point which
has to be assertained in determining the Amount of force which it may be
necessary to retain in Canada, is the degree to which, by the exercise of
influence at Washington & Elsewhere, Her Majesty’s Governmt—can afford
to Her Subjects in this Province a guarantee that they will be permitted to
pursue their peaceful avocations uninterrupted by violence from without—in
a word, under the same conditions of security as are enjoyed by their American
Neighbors—Just in proportion to the extent to which this guarantee can be
given will it be prudent and just to diminish the Military Force stationed in
the Province and to concentrate what may remain in the principal Garrisons.
7. Her Majesty’s Government have obviously better means than any
which I posses for arriving at a correct opinion on this important point. The
character of Genl Taylor gives ground for the hope that so long as his
Presidency endures the Authority of the Central Government, such as it is,
will be honestly exerted to prevent infringements of international Law by
the Citizens of the States. It is to be observed, however, that within the last
few weeks resolutions recommending the Annexation of Canada have been
introduced into the Legislative assemblies of the States of Vermont and New
York; and no one who Knows any thing of American politics can doubt that
it is quite possible that territorial aggrandizement may be the issue raised at
the next Presidential Election.
8. There is moreover, one further consideration affecting the expediency
of any sudden .and material reduction of the force now stationed in Canada
to which as it falls more immediately within my cognizance I feel it my duty
to advert—The opinion prevails in many quarters that England is about to
adopt towards her Colonies an entirely new policy—That having placed them
as respects their trade on the same footing as foreign nations, she proposes
to disallow their claims to protection at the cost of the Empire which she has
heretofore so generously accorded to them. This opinion is diligently circulated
by the Protectionists and Annexationists—and they cite in its support
not only the language of Statesmen and of the Press, but acts, such as the
contemplated disbandment of the Provincial. Cavalry. They contend with
at least some shew of reason that, situated as Canada is, at a distance from
England, and in immediate contact with a powerful nation whose interests
may conflict with those of Great Britain on many questions in which the
Colony has little or no concern, her position will be but a precarious one if
the support to be afforded to her in emergencies is to be grudgingly administered—
and if she is to be required .henceforward at great cost and inconvenience
to herself to provide against casualties to which she is exposed solely by reason
of her connexion with Great Britain. Nothing can be more entirely satisfactory
than the assurances on this head which are contained in Your Lordships
Confidential Despatch of the 29th Decr 1848; but as documents of this description
do not reach the public eye, and as the people at large are apt to judge
of the intentions of Government from its .acts, I do earnestly hope that should
H M’s Govt resolve to reduce still further the force stationed in this Province,
the measure may be carried out so gradually and with such precautions as to
furnish as little as may be grounds of misgiving and alarm to the faithful
subjects of the Queen, or of encouragement to those who seek the dismemberment
of the Empire.

I have &c


1 Copy, G. 461, p. 406.

N° 151

TORONTO 9 Feby 1850.


With reference to My Despatch N° 150 of this days date, I have
the honor to forward the Copy of a correspondence which has passed
between my Secretary and the Secretary of the Lieut Genl Com-
manding in Canada on the subject of certain tabular Returns prepared
by the Respective Officers in this Colony and transmitted by that
officer for my perusal.
2. I am cognizant of the fact that both in 1848 when an irruption
of Irish Sympathizers from the States was threatened, and in 1849
on the occasion of the disturbances in Montreal, much anxiety was
felt by the Military Authorities on account of the unprotected State
of the Stores in that City. As I have not access to the correspondence
which may have taken place on the subject with the Department
at home, I offer my opinion with diffidence; but it certainly appears
to me to be imprudent to propose to accumulate a vast amount of
Stores at Montreal in its present defenceless condition, and before
the question of raising additional defences is even decided in the
affirmative—The more so that by the completion of the St Lawrence
Canals facilities are afforded for transporting Stores without transhipment
from the fortified Town of Quebec, to the remotest points in the
interior of the Province.

I have &c



2 Copy, G. 461, p. 407.


TORONTO, 9 Feby. 1850—



I have written and send by this Mail my Despatch N° 150— of
this day’s date in order to avoid the delay which a previous reference
to the Head Quarters at Montreal at this season would occasion. I
propose however, to furnish General Rowan with copies of your
Lordship’s Confidential Despatches of the 29th of Decr 1848. and of
the 11th Jany 1850— and to invite him to discuss with me the practicability
of a reduction of the force now stationed in Canada, as
well as of its further concentration which, if it can be effected with
safety will undoubtedly be a measure of much economy and advantage.

2. Meanwhile I transmit herewith the Copy of an extract from a
private letter addressed to me by the late Sir B. D’Urban, on the day
on which his Official Communication forwarded in my Despatch N°
150— was written. It throws additional light on the opinion entertained
by that officer on the points now under consideration. Sir B.
D’Urban strongly deprecated, as your Lordship will observe the
projected disbandment of the Provincial Cavalry— This measure is
however now about to be carried out under instructions from your
Lordship. The force was raised, as you are probably aware, in a
part of the Province which is one of the principal seats of the annexation
movement. It may be prudent therefore to watch the effect
of its disbandment at the present moment before proceeding with
other measures of reduction.

3. Sir B. D’Urban also suggests in the event of a diminution of
the Regular Troops in Canada, the expediency of putting select bodies
of the Militia upon the most important Strategic Points into such a
state of preparation and readiness as may render them available in
case of necessity. In a country where party spirit runs so high, &
where Constitutional Government is yet a novelty it may be advisable
to proceed with caution in the introduction of measures of this
description. Nevertheless I think that corps of Volunteers might be
established with very good effect in some places if Her Majesty’s
Govt would allow the use of small arms & guns on condition of their
being Kept in good order and returned when demanded.

4. In my Despatch No. 150. I have assumed that H M’s Troops
are stationed here solely for the purpose of protecting the inhabitants
against any possible attack of a foreign enemy. The proposition that
the cost of maintaining internal quiet ought to fall upon the Colonists
themselves is so reasonable & follows so naturally on the concession
of Self Government, that I do not presume to question it— Canada is
however, very peculiarly circumstanced, and reasons which are at
least plausable may be adduced to justify the opinion that the doctrine
in question should be applied with some reserve here.

5. In the first place, I would beg to call Your Lordship’s attention
to the effect on the internal peace of Canada produced by the immediate
contiguity of the United States. Most certain is it that any
faction in this Colony, no matter what its pretence or how contemptible
its numbers and influence may calculate on receiving support
in men or money or both from the States, if the avowed object or
obvious tendency of its proceedings be to shake the foundations
of British Power on this Continent. It may be asked whether justice
and policy do not alike prescribe to great Britain the duty of affording
to the supporters of Order in the Colony some material aid to
balance the advantage which the abettors of mischief derive from the
existence of this constantly available auxiliary force.

6. The peculiar Social and political state of Lower Canada
arising mainly from the conditions under which this Colony passed
under the dominion of England, and from the spirit in which England
has fulfilled these conditions is also deserving of notice as bearing
on the point now under consideration. England’s respect for treaty
obligations has induced her to resist all attempts to break down by
fraud or violence these rights and usages of the population of French
descent which have tended to Keep alive among them feelings of
distinctive nationality, while the effect of the working of the old
system of Colonial Administration undoubtedly was to confer upon
British or American Settlers a disproportionate share in the Government
of the Province. It follows that the French Canadian Majority
and the Anglo-Saxon Minority are dwelling side by side in that section
of the Province, without to any sensible degree intermingling, and
under conditions of equilibrium which could never have been established
but for the presence on the same scene of a directing & overruling
Power. An impartial adherence to the principles of Constitutional
Government in the Administration of the Affairs of the Province
will I trust obliterate by degrees these national distinctions and
cause the inhabitants of Lower Canada of different origins to entertain
towards each other sentiments befitting members of one community
and subjects of the same Sovereign—It is even probable that the
present Annexation movement which is rallying the Loyal of both
sections against the violent and impracticable, may have a similar
tendency. I cannot however conceal from Your Lordship my belief
that the sudden withdrawal of Britain’s moderating control whether
as the result of annexation or of a change of imperial Policy would
be followed at no distant period by a serious collision between the

I have &c


1 See above p. 697, 698.
2 Journals of Assembly, Canada, 1850, p. 86.

On 21 June, Boulton moved the following resolution as an amendment to
a resolution by Price: —

The Honorable Mr. Price moved, seconded by the Honorable Mr. Hincks,
and the Question being proposed. That the entire revenue derived from the
investments made before the passing of the Imperial Act 3 & 4 Vic. c. 78, has been
assigned to the Churches of England and Scotland, to the exclusion of the
Wesleyan, Episcopal and New Connexion Methodists, the Free Presbyterian
Church of Canada, the United Presbyterian Church, the Baptists, Congregationalists,
and other Religious Bodies whose Pastors have an equal claim to the
designation of a Protestant Clergy with those of the Clergy of the Churches
of England and Scotland;

Mr. Boulton of Toronto moved in amendment to the Question, seconded by
Mr. Prince, That all the words after « That » to the end of the Question be left out,
in order to add the words  » an humble Address be presented to Her Majesty,
 » praying that She will recommend to the Imperial Parliament such an amend-
 » ment of our Constitution as will secure to Her Majesty’s Canadian subjects the
 » rights and power of legislating for the welfare of Canada on all matters of an
 » internal and social character, as fully and effectually as is enjoyed by Her
« Majesty’s subjects in Great Britain, within the limits of the British Isles;  »


1 Journals of Assembly, Canada, 1850, pp. 105-106.

The Honorable Mr. Robinson reported from the Select Committee appointed
to prepare and report the draught of an humble Address to Her Majesty on the
subject of certain proposed changes in the Constitution of this Province, that
they had drawn up an Address accordingly; and the same was read as
followeth: —
To the Queen’s Most Excellent Majesty.
Most Gracious Sovereign,
We, Your Majesty’s dutiful and loyal subjects, the Commons of Canada
in Provincial Parliament assembled, beg leave to renew our declarations of
attachment to Your Majesty’s Person and Government; and to assure Your
Majesty that we, and the People whom we represent, are deeply sensible of, and
grateful for, the inestimable advantages derived by this Province from its connection
with the United Kingdom of Great Britain and Ireland, under a Constitution
as nearly resembling that of the Parent State as the difference of
circumstances admits; and, that under that Constitution, Canada has advanced
to a high degree of prosperity, and its inhabitants are in the enjoyment of civil
and religious liberty; and by just and equitable laws are fully protected in life,
person and property.
We avail ourselves of the opportunity, afforded by the introduction into this
Assembly, of propositions of a Revolutionary and Republican character, to
declare our firm attachment to the Crown and Government of Great Britain;
and our determination to maintain the connection with the Mother Country
unimpaired, by whomsoever it may be assailed.
We beg to assure Your Majesty that we decidedly disapprove of, and condemn
all such attempts to disturb the Constitution, as tending to agitate the
public mind, and to strengthen the erroneous impression which now exists in
Great Britain, that Canada desires to sever its connection with the Empire, thereby
preventing the introduction of British capital in the Province; and diverting
the tide of Emigration from Great Britain to other and more quiet countries.


1 See above p. 697-700, 735.
2 Journals of Assembly, Canada, 1850, p. 103.

Clergy The Honorable Mr. Price reported from the Committee
eserves. appointed to prepare and report the draught of an humble Address
to Her Majesty on the subject of the Clergy Reserves, that they had
drawn up an Address accordingly; and the same was read, as
To the Queen’s Most Excellent Majesty.
Most Gracious Sovereign,
We, Your Majesty’s most dutiful and loyal subjects the Commons
of Canada in Provincial Parliament assembled, humbly approach
Your Majesty, for the purpose of representing:—
That the reservation of a large portion of the Public Domain of
the Province for the support of a Protestant Clergy, by an Act passed
in the 31st year of the Reign of Your Majesty’s Royal Predecessor,
King George the Third, has been for many years a source of intense
dissatisfaction to the great majority of Your Majesty’s subjects in
Upper Canada:
That it appears by the last Census taken in Upper Canada, that
the Population of that section of the Province was, in the year one
thousand eight hundred and forty-eight, 723,332, of which 239,651
are returned as in connexion with the Churches of England and
Scotland, the only Churches receiving any considerable benefit from
the Clergy Reserve endowment:
That it appears by the last Census taken in Lower Canada, that
the Population of that section of the Province was, in the year one
thousand eight hundred and forty-four, 678,490, of which only 70,229
are returned as in connexion with the Churches of England and
That the power given by the 41st clause of the above mentioned
Act to the Provincial Legislature,  » to vary or repeal  » the provisions
respecting the allotment and appropriation of lands for the support
of a Protestant Clergy, affords sufficient evidence, that in the opinion
of the Imperial Parliament the question was one that ought to be
settled with reference to the state of public opinion in the Colony
rather than to that in the Mother Country:
That in the early settlement of the Province the reserved lands
were of little value, and as no sales had then been authorized by
the Imperial Parliament, the question attracted but a slight share of
public attention:
That so soon as the intention of the Government to dispose of the
lands reserved in Upper Canada became known, the Representatives
of the People of that Province took the whole subject into their most
serious consideration, and, with an unanimity that prevailed on no
other question, endeavoured to remove a grievance universally complained
of by the People, save and except by those interested in the
maintenance of Church Establishments:
That in the year one thousand eight hundred and twenty-seven,
a Bill to authorize the sale of the Clergy Reserves and the application
of the proceeds thereof to the purposes of general Education, was
passed through the House of Assembly of Upper Canada, the division
on the second reading having been 22 to 6; that this Bill was rejected
by the Legislative Council:
That a dissolution having taken place soon afterwards, the
Tenth Parliament of Upper Canada met in the year one thousand
eight hundred and twenty-nine, when a Bill for the sale of the Clergy
Reserves and the application of the proceeds to Educational purposes,
passed through its various stages in the House of Assembly without a
division, but was again rejected by the Legislative Council:
That in the year one thousand eight hundred and thirty, during
the second session of the Tenth Parliament, another Bill containing
similar provisions to the former ones was passed by the House of
Assembly without a division, and was rejected by the Legislative
That a dissolution having taken place, a new Parliament met in
the year one thousand eight hundred and thirty-one, when Resolutions
expressing the same views were adopted by a large majority in the
House of Assembly,—an amendment proposed by the Solicitor
General having been rejected on a division of 29 to 7:
That in the year one thousand eight hundred and thirty-two,
during the second session of the Eleventh Parliament, an Address to
the Crown praying for the application of the Clergy Reserves to
Educational purposes was carried by a large majority in the House
of Assembly:
That after the passage of the Address last referred to, a Message
was sent down to the House by Lieutenant Governor Sir John
Colborne, in which His Excellency stated that he had His Majesty’s
Commands to make a communication to the House of Assembly in
reference to the lands set apart for the support and maintenance of a
Protestant Clergy; that His Excellency informed the House that the
representations made to His Majesty and to His Royal Predecessors
of the prejudice sustained by His faithful subjects in the Province,
from the appropriation of the Clergy Reserves, had engaged His
Majesty’s most attentive consideration, that His Majesty had considered
with no less anxiety, how far such an appropriation of territory
was conducive either to the temporal welfare of the Ministers of
Religion in the Province, or to their spiritual influence, and that His
Majesty invited the House of Assembly of Upper Canada to consider
how the power given to the Provincial Legislature by the Con-
stitutional Act, to vary or repeal this part of its provisions, could be
called into exercises most advantageously for the spiritual and
temporal interests of His Majesty’s subjects in the Province:
That after the reception of the above Message, a Bill to re-invest
the Clergy Reserves in the Crown, discharged of all trusts whatsoever,
was introduced and read a second time on a division of 29 to 7:
That in the year one thousand eight hundred and thirty-three,
during the third session of the Eleventh Parliament, a Bill having
similar provisions with that formerly adopted by the House, was read
a second time on a division of 26 to 2:
That in the year one thousand eight hundred and thirty-four,
during the fourth session of the Eleventh Parliament, a Bill of a
similar character was passed through its several stages in the House
of Assembly by considerable majorities, though opposed with the
whole weight of the Government; but was rejected by the Legislative
That in the year one thousand eight hundred and thirty-five,
during the first session of the Twelfth Parliament of Upper Canada, a
Bill for the sale of the Clergy Reserves and the application of the proceeds
to Educational purposes, was passed by a majority of 40 to 4,
but was rejected by the Legislative Council:
That during the same session, Resolutions were sent down to the
House of Assembly by the Legislative Council, in which the opinion
was expressed, that as the Legislature of the Province had been unable
to concur in any measure respecting the Clergy Reserves, it was
expedient to address His Majesty and both Houses of Parliament,
requesting that the Imperial Parliament should legislate upon the
That the House of Assembly, by a majority of twenty-four to
twelve, thereupon Resolved, That the House had theretofore repeatedly
passed Bills providing for the sale of the Clergy Reserves, and the
appropriation of the monies arising therefrom to the support of
Education, which Bills have been rejected without amendment by the
Legislative Council: That with the same view the House had repeatedly
made known, by humble and dutiful Addresses to His Majesty,
their wishes and opinions, and the wishes and opinions of His
Majesty’s faithful subjects in the Province, on this highly important
subject, and that the House took that opportunity of declaring that
these wishes and opinions, both on the part of the House and of their
constituents remained entirely unchanged: That during the second
session of the then last Parliament, His Excellency the Lieutenant
Governor, by Message, informed the House, that he had received His
Majesty’s instructions to declare that the representations which had
at different times been made to His Majesty and His Royal Predecessors,
of the prejudice sustained by His Majesty’s faithful subjects in
the Province from the appropriation of the Clergy Reserves, had
engaged His Majesty’s most attentive consideration, and His Majesty
had most graciously been pleased to invite the House to consider how
the powers given to the Provincial Legislature by the Constitutional
Act, to vary or repeal the provisions which it contains for the allotment
and appropriation of the Clergy Reserves, might be most advantageously
exercised for the spiritual and temporal interest of His
faithful subjects in the Province: That the House, in compliance
with His Majesty’s wishes thus graciously expressed, and with the
strong and well known desires of His Majesty’s faithful subjects in
the Province, had passed a Bill, during the then present session, to
provide for the sale of the Clergy Reserves, and to apply the money
arising from such sales to the support of Education: That the said
Legislative Council had not passed the said Bill, had not amended it,
and had not passed any other Bill on the subject:
That in year one thousand eight hundred and thirty-six, during
the second session of the Twelfth Parliament, a Bill embodying similar
principles to those repeatedly passed by the House of Assembly
was again introduced, and was carried on a division by a majority of
35 to 5: That the said Bill was amended in the Legislative Council,
by expunging all the enacting clauses, and substituting provisions for
investing the Reserves in the Crown, to be applied for the maintenance
of Public Worship and the support of Religion: That the House
of Assembly adopted by a majority of 27 to 1, certain amendments
to the amended Bill sent down by the Legislative Council, affirming
the principles of their original Bill:
That during the same session, a Despatch from Lord Glenelg, His
Majesty’s Principal Secretary of State for the Colonies, to Lieutenant
Governor Sir Francis Head, was communicated to the House of
Assembly, in which His Lordship treated the question as one to be
settled by the Provincial Legislature, and declined to interfere with
the deliberations of the Legislature by offering any suggestions of his
That the Twelfth Parliament having been dissolved by Sir
Francis Head, a general election was held at a period of great excitement,
and the question of the disposal of the Clergy Reserves appears
to have been lost sight of during the political struggle which ensued:
That during the first three sessions of the Thirteenth Parliament,
various efforts were made to settle the question, but without any satisfactory
result: That at length, in the course of the third session, a
Bill which had passed the Legislative Council providing for the reinvestment
of the said Reserves in the Imperial Parliament, was concurred
in by a majority of 22 to 21:
That in the year one thousand eight hundred and thirty-nine,
during the fifth and last session of the last Parliament of Upper
Canada, a Message was sent down to the House by the Governor
General, the Right Honorable C. P. Thomson, by which the House
was informed, that the Bill passed during the previous session had not
received the Royal Assent, there being an insuperable objection to
it on a point of form: That His Excellency stated, moreover, that in
the opinion of His Majesty’s Government, the Provincial Legislature
would bring to the decision of the question an extent of accurate
information as to the wants and general opinions of society in this
country, in which the Imperial Parliament was unavoidably deficient:
That another attempt at settlement was made during the last
session of the last Parliament of Upper Canada, when a Bill passed
both Houses providing for the sale and disposal of the Clergy
Reserves, which Bill having been reserved for the Royal Assent was
not assented to by Your Majesty:
That on Your Majesty’s decision to withhold the Royal Assent
from the said Bill, Your Majesty’s Government submitted to the
Imperial Parliament a Bill providing for the sale and distribution of
the proceeds of the Clergy Reserves, which so far from settling this
long agitated question has left it to be the subject of renewed and
increased public discontent.
And we humbly beg leave further to represent to Your Majesty,
That apart from the objections entertained by the great majority of
Your Majesty’s subjects in Canada to religious endowments, by
which certain favored denominations of Christians are kept in connection
with the State, and thereby placed in a position of superiority
over others, the present disposition of the revenue derived from the
Clergy Reserve investments is manifestly unjust:
That the entire revenue derived from the investments made before
the passing of the Imperial Act 3 and 4 Victoria, chapter 78, has
been thereby assigned to the Churches of ‘England and Scotland, to
the exclusion of the Wesleyan Episcopal and New Connexion
Methodists, the Free Presbyterian Church of Canada, the United
Presbyterian Church, the Baptists, Congregationalists, and other
Religious Bodies, whose Pastors have an equal claim to the designation
of a Protestant Clergy with those of the Clergy of the Churches of
England and Scotland:
That it appears from the facts above stated, that during a long
period of years, and in nine successive sessions of the Provincial Parliament,
the Representatives of the People of Upper Canada, with an
unanimity seldom exhibited in a deliberative body, declared their
opposition to religious endowments of the character above referred
to: That the wishes of the People were thwarted by the Legislative
Council, a body containing a majority avowedly favorable to the
ascendancy of the Church of England: That the Imperial Government,
from time to time, invited the Provincial Parliament to legislate on
the subject of these Reserves, disclaiming on the part of the Crown
any desire for the superiority of one or more particular Churches:
That Your Majesty’s Government in declining to advise the Royal
Assent being given to a Bill passed by a majority of one, for investing
the power of disposing of the Reserves in the Imperial Parliament,
admitted that from its accurate information as to the wants and
general opinions of society, (in which the Imperial Parliament was
unavoidably deficient,) the question could be more satisfactorily
settled by the Provincial Legislature: That subsequently to the withholding
of the Royal Assent from the last mentioned Bill, the Imperial
Parliament passed an Act disposing of the proceeds of the Clergy
Reserves, in a manner entirely contrary to the formerly repeatedly
expressed wishes of the Upper Canadian People as declared through
their Representatives, and acknowledged as such in a Message sent
to the Provincial Parliament by command of Your Majesty’s Royal
That we are humbly of opinion that the legal or constitutional
impediments which stood in the way of Provincial Legislation on
this subject, should have been removed by an Act of the Imperial
Parliament; but that the appropriation of revenues derived from the
investment of the proceeds of the public lands of Canada, by the
Imperial Parliament, will never cease to be a source of discontent
to Your Majesty’s loyal subjects in this Province; and that when
all the circumstances connected with this question are taken into
consideration, no religious denomination can be held to have such
vested interest in the revenue derived from the proceeds of the said
Clergy Reserves, as should prevent further Legislation with reference
to the disposal of them, but we are nevertheless of opinion that the
claims of existing incumbents should be treated in the most liberal
manner; and that the most liberal and equitable mode of settling
this long agitated question, would be for the Imperial Parliament
to pass an Act providing that the stipends and allowances heretofore
assigned and given to the Clergy of the Church of England and
Scotland, or to any other Religious bodies or denominations of
Christians in Canada, and to which the faith of the Crown is pledged,
shall be secured during the natural lives or incumbencies of the
parties now receiving the same, on the same principle that was
adopted in the third section of an Act passed in the third and
fourth years of Your Majesty’s Reign, chapter seventy-eight, subject
to which provision the Provincial Parliament should be authorized
to appropriate, as in its wisdom it may think proper, all revenues
derived from the present investments or from those to be made
hereafter, whether from the proceeds of future sales or from instalments
on those already made.
We therefore humbly pray that Your Majesty will be graciously
pleased to recommend to Parliament a measure for the repeal of the
Imperial Act 3 & 4 Vic. Chap. 78, and for enabling the Canadian
Legislature to dispose of the proceeds of the Clergy Reserves, subject
to the conditions above mentioned.
The Address being read a second time;
The Honourable Mr. Price moved, seconded by the Honorable
Mr. Hincks, and the Question being put, That this House doth concur
with the Committee in the said Address;

The House divided: and the names being called for, they were
taken down, as follow:—
Messieurs Attorney General Baldwin, Bell, Boutillier, Burritt,
Cartier, Chauveau, Davignon, DeWitt, Solicitor General Drummond,
Dumas, Fergusson, Flint, Fortier, Fournier, Fourquin, Quillet, Hall,
Hincks, Holmes, Jobin, Lacoste, Attorney General LaFontaine, Lemieux,
Solicitor General Macdonald, Marquis, McConnell, McFarland,
Merritt, Methot, Mongenais, Morrison, Nelson, Notman, Papineau,
Polette, Price, Richards, Ross, Sanborn, Sauvageau, Scott of Two
MOUNTAINS, Smith of DURHAM, Smith of WENTWORTH, Taché,
Thompson, and Watts.—(46.)

Messieurs Badgley, Boulton of NORFOLK, Boulton of TORONTO,
Cameron of CORNWALL, Cameron of KENT, Cayley, Chabot, Christie,
Crysler, Dickson, Gugy, Hopkins, Johnson, LaTerrière, Sir Allan N.
MacNab, Malloch, McLean, Meyers, Robinson, Sherwood of BROCKVILLE,
Sherwood of TORONTO, Stevenson, and Viger.—(23.)

So it was resolved in the Affirmative.
Ordered, That the said Address be engrossed.
Resolved, that an humble Address be presented to His Excellency
the Governor General, informing His Excellency that this
House has voted an humble Address to Her Majesty on
the subject of the Clergy Reserves; and praying that His
Excellency would be pleased to transmit the same to Her
Majesty’s Principal Secretary of State for the Colonies, to
be laid at the foot of the Throne.
Ordered, That the said Address be engrossed.
Ordered, That the said Addresses be presented to His Excellency
the Governor General, by the whole House.
Ordered, That such Members of this House as are of the Honorable
the Executive Council of this Province, do wait upon
His Excellency the Governor General to know His
Excellency’s pleasure when he will be attended by this
House with its Addresses.


1 Copy G. 461, p. 432.

Toronto 19 July 1850.

I have the honor to transmit herewith in compliance with the
request of the Legislative Assembly to be laid at the foot of the
Throne, an Address from that House to H. Majesty on the subject of
the Clergy Reserves— After recapitulating the proceedings of the
House of Assembly of U. Canada before the Union of the Provinces
in connexion with this question, it concludes with the prayer that Her
Majesty will be graciously pleased to recommend to Parliament a
measure for the repeal of the Imperial Act 3 & 4 Vict: ch: 78, and
for enabling the Canadian Parliament to dispose of the Clergy
Reserves, subject however to the Condition of securing the stipends
or allowance assigned from the fund to the Clergy of the Church of
England or Scotland, or to any other Religious Bodies or denominations
of Christians, to the parties now receiving them during their
natural lives or incumbencies. It was finally carried by a majority
of 46 Votes to 23,—some of the minority voting against it in consequence
of this reservation.
2. It may be proper, however, to observe that a much closer division
took place in the passage of the 29th in the series of resolutions on
which the address was founded, and which was thus worded— »Resolved
that this House is of opinion that when all the circumstances
« connected with this question are taken into consideration no religious
« denomination can be held to have such vested interest in the Revenue
« derived from the proceeds of the said Clergy Reserves as shall pre-
« vent further legislation with reference to the disposal of them but this
« House is nevertheless of opinion that the claims of existing encum-
« bents should be treated in the most liberal manner. » This Resolution
was opposed by three classes of persons—firstly by those who desire
the existing settlement to be maintained—Secondly—by those who
though they object to the Imperial Act of 1840 and seek its repeal,
admit nevertheless certain claims on the part of the Protestant
Clergy under the Constitutional Act of 1791.—and lastly by those
who are unwilling to recognize even the claims of existing incumbents
—It was carried on a division by a Majority of 2 only—the numbers
being 36 for and 34 against it.
3. I deeply regret the revival of agitation on this subject, of
which Lord Sydenham truly observed, that it had been in Upper
Canada the one all-absorbing and engrossing topic of interest, and for
years the principal cause of the discontent and disturbance which had
arisen, and under which the Province had labored. The intervention
of the Imperial Parliament in 1840 was doubtless prompted by a
desire to settle on terms which should be equitable and generally satisfactory,
a question which had for so many years disturbed the peace
of the Colony. While the principle, however of an establishment was
abandoned by the Imperial Act, 3 & 4 Vict ch 78, which admitted
all denominations to share in the proceeds of the Clergy Reserves,
advantages were given by it to the Established Churches of England
& Scotland in the distribution of the funds which render them still
objects of envy. This feeling has been encreased as regards the Church
of Scotland by the large secession from its ranks which the free church
movement has occasioned. I much fear that the result will justify
the disinclination which Lord John Russell appears from the first to
have entertained to any Legislation by the Imperial Parliament upon
this question. It is an evil of no small magnitude on a subject of this
nature, that while the more violent and unscrupulous of the opponents
of the existing settlement are enabled to create a prejudice against it,
by representing it to be the result of Imperial interference in a matter
of Provincial concern, its friends are tempted rather to endeavor to
influence opinion in England than to resort to measures which may
strengthen their position in the Colony.
I have, &c


1 Copy, G. 389, p. 92.

TORONTO 22nd Jany 1840

There is no subject of such vital importance to the Peace and
tranquillity of this Province, as the question of the Clergy Reserves—
there is none with reference to the future union of the two Provinces,
which it is more necessary to determine without delay— The records
of the Colonial Office will afford ample evidence of the fatal effect
upon Public affairs in Upper Canada;— of the state in which this
matter has now for some years rested. But no one who has not had
the opportunity of examining upon the spot, the working of this
question, can correctly estimate its importance. It has been for many
years, the source of all the troubles in the Province.— The never
failing watch word at the hustings— the perpetual spring of discord,
strife and hatred. So universally is the truth of this proposition
admitted, that I have scarcely met with one man of any party or of
any opinion with regard to the mode of settlement, who has not declared
to me that it would be far better that these reserves should be
altogether taken away from the province, than that they should
remain an object for contending parties to dispute about.
To leave this question undetermined then, is to put an end to
all hope of reestablishing tranquillity within this province, even
should it remain under a Separate Govent; but to establish the union
without a settlement of it, and to transfer the decision to the united
Legislature, would be to add to the causes of discord which already
unhappily prevail in the Lower Province, an entirely new element
of Strife; for amongst the various evils by which Lower Canada has
been visited it has hitherto been free from one, perhaps the greatest
of all—Religious disension— Deeply impressed therefore, with the
immense importance of obtaining from the Legislature a solution of
this long agitated question and in compliance with your Lordship’s
instructions, as well as with my own feelings, I have used every effort
in my power to bring together the contending parties, and after much
negociation I determined on transmitting a Message to the Legis-
lature upon the subject, and on recommending a Bill, which I thought
offered some chance of being accepted by both branches of the Legis-
I enclose copies of my Message, and of the Bill which was intro-
duced into the House of Assembly by the Solicitor Generl, and I am
happy to say, that with some alterations, to which I entertain no
objection the measure has received the Sanction of Both Houses, and
I have now the satisfaction of transmitting to Your Lordship, the Bill
as passed, with the addresses from the Council and House of Assem-
bly as required by Law, and of my answer. The Bill was passed by
the House of Assembly by a majority of 28 to 20 and in the
Legislative Council, as I have been informed by 14 to 5, The address
was agreed to in the House of Assembly when the Bill was sent back
from the Council by a very much larger majority. Under ordinary
circumstances, a measure thus agreed to by Large majorities of
both branches of the Legislature would I am satisfied, need no
additional argument to procure its ready acceptance, but the peculiar
position in which every act of the Provincial Legislature upon this
subject, is placed, under the provisions of the act of 1791 subjecting
it to rejection by an address to the Crown from either house of
Parliament, leads me to think that I should not discharge my duty,
if I did not offer some observations upon it.
This Bill proceeds on the principle of devoting the revenue
derivable from the Lands, when sold exclusively to Religious instruc-
tions, or religious purposes. It secures to the Churches of England
& Scotland one half of the future proceeds of the Land subject to no
variation and to no contingency. It distributes the remainder for the
support of religious instruction, amongst the different persuasions of
Christians recognized by the Laws of the Province in proportion to
the population of each Sect, to be acertained at fixed periods and it
relieves the Executive from any discretion with regard to the distribution
amongst these different bodies, whatever is now paid by the
Crown to the Church of England, to the Church of Scotland or to
any other Religious denomination, and to which its faith is pledged,
remains as a first charge upon the fund and must be first satisfied—
I will not conceal however from your Lordship that even to this Bill,
thus proceeding on the principle of so general distribution amongst
different Religious persuasions, nearly insuperable objections have
been and are entertained in this Province.
For many years passed the representatives of the people have uniformly
refused to assent to an appropriation of this fund for religious
purposes at all, and have Steadily maintained its distribution to
educational or general state purposes, and it is only the strong desire
which is entertained of coming now at a Settlement which has led
many who formerly advocated these opinions with success, now to
withdraw their opposition, and to assent to this measure, but I can
safely say that so far as this Province is concerned their assent can
never again be looked for. I entertain no doubt that the course taken
by many Members of the Assembly in their conscientious and most
laudable desire to put this Question at rest, will occasion great
opposition to their return at the next election, and I am satisfied that,
in a future Assembly, if the matter were unfortunately again before
it, it would not be possible to obtain any such terms for the Established
Church, or for religious Instruction.— In reality the fund
respecting which this violent contention exists, offers little to divide.
It must, under .any circumstances, be many years, supposing the
lands to be sold before the interest accruing from the sales will do
more than discharge the claims Which must necessarily be first provided
for and which are now borne by the Casual and Territorial
revenues; and, therefore, an appropriation for purposes of education,
would be of no immediate assistance to that important object— But
at the same time, the topic is too exciting not to be invariably used
as a means of political and party agitation. One seventh of the
whole lands of the Province are declared to be unjustly withheld
from the control of the people, and all those feelings of extreme
jealousy of any establishment or of any connexion between the
State and religion which prevail in this Province, with a warmth of
which, in England we have no idea, are constantly aroused and
brought to bear, in order to disturb tranquillity.
It has been, therefore, with no little pain that I have found
those who oppose this measure, upon these grounds, assisted by some
few members of the Church of England, who, of course, entertain
views, directly opposed to theirs, for indeed I can most conscientiously
affirm that in the advantages which it holds out, more particularly
to the Church of England, it far exceeds what I could have anticipated.
That this is felt to be true, your Lordship may easily learn
from the avowed support which the Bill has met with from the great
majority of Members of the Church of England in the Assembly as
well as from the fact of its being carried by a still greater number in
the Legislative Council.
I will not believe that any successful opposition to the confirmation
of this Bill by Her Majesty will be allowed to prevail, but as
I am informed that representations may be made at home with that
view, I shall beg to send in this Despatch, a short account of the
manner in which this question has for years past been treated in
this country, as illustrative of the advantage which the settlement
now arrived at by the Legislature holds out as contradistinguished
from all previous decisions. I need not advert to the early history
of disputes on this subject until the years 1823-4, when a motion
was made in the House of Assembly on the subject by Mr Morris,
and an address to the Throne adopted, praying for the recognition
of the right of the church of Scotland to share with the church of
England in the Reserves— In 1825 an act having been passed by the
Imperial Legislature, enabling the Crown to sell a portion of the
reserves in this Province to the Canada Company, and to set apart
other lands in lieu of them, for the Church. An Address was adopted
in the House of Assembly on the 27th January 1826 by a majority
of 14 to 8, deprecating any further appropriation of Clergy Reserves,
and concluding in the following terms:—
« We further most humbly represent, most gracious Sovereign,
« that the lands set apart in this Province, for the maintenance and
« support of a protestant Clergy, ought not to be enjoyed by any one
« denomination of Protestants, to the exclusion of their Christian
« Brethren, of other denominations, equally conscientious in their
« respective mode of worshipping God, and equally entitled, as dutiful
« and loyal subjects, to the protection of your Majesty’s benign and
« liberal government—We therefore humbly hope it will, in your
« Majesty’s wisdom, be deemed expedient and just, that not only the
« present Reserves, but that any funds arising from the sales thereof,
« should be devoted to the advancement of the Christian Religion
« generally, and the happiness of Your Majesty’s Subjects of whatever
denomination; or if such application or distribution should be
« deemed inexpedient, that the profits arising from such appropriation,
« should be applied to the purposes of education and the general im-
« provement of this Province ».—
The Earl of Bathurst having in reply to this Address stated that
the House of Assembly had misunderstood the intention of the Act
in question, « which had not for its object, any increase of the amount
« of the Revenues specially allotted by the Imperial Parliament for
« the Established Church ».— The House of Assembly proceeded to
pass, by a majority of 29 to 4, a series of Resolutions, among which
the following are the most important:—
« Resolved—that the construction given to the Imperial Act, which
« appropriated the Clergy Reserves to Individuals connected with
« the Church of England, and the determination of the Clergy of
« that Churchn to withhold from all other denominations of Protest-
« ants residing within the Province, the enjoyment of any part of
« the benefit arising, or which may arise, from the sales so set apart,
« call for the immediate attention of the Provincial Legislature to a
« subject of such vital interest to the public in general.—
« Resolved.—that a comparatively small proportion of the Inhabitants
« of Upper Canada, are Members of the Church of England, and
« therefore ought not, in justice, to desire the sole enjoyment, by
« their Clergy, of all the advantages which these lands present, to
« the exclusion of their fellow subjects, although equally loyal and
« firm in their attachment to His Majesty’s Government and constitution.—
« Resolved—that in a thinly inhabited country, such as Upper Canada,
« where the means of Moral Instruction to the poor, are not easily
« obtained, it is the bounden duty of the Parliament to afford every
« assistance within its power, towards the support of education.—
« Resolved’—that the present provision for the support of District
« and Common Schools, is quite inadequate to the wants of the
« people, and ought, by every reasonable exertion, to be encreased
« so as to place within the reach of the poorest inhabitants, the
« advantages of a decent education.—
« Resolved—that it is the opinion of the great proportion of the
« people of this province, that the Clergy Lands, in place of being
« enjoyed by the Clergy of an inconsiderable part of the population,
« aught to be disposed of, and the proceeds of their sale, applied to
« encrease the provincial allowance for the support of District and
« Common Schools, and the endowment of a respectable provincial
« Seminary for learning, and in aid of erecting places of Worship
« for all denominations of Christians. »
A Bill was afterwards brought into the House and carried by a
Majority of 19 to 7 for giving effect to these Resolutions, but was
lost in the Legislative Council.—
In March 1828 in an address to the Crown on the subject, of the
Upper Canada University, which was carried by a majority of 21 to 9.
The House Expressed themselves as follows:—
 » We would also beg leave to state that it is the general desire of
« Your Majesty’s Subjects in this Province, that the monies arising
 » from the sale of any of the lands set apart in this Province for the
 » support and maintenance of a Protestant Clergy, should be entirely
 » appropriated to purposes of Education, and of the internal im-
 » provement — we would most humbly represent, that, to apply them
« to the benefit of one or two Christian Denominations, to the ex-
 » elusion of others, would be unjust as well as impolitic, and that it
 » might perhaps be found impracticable to divide them among all—
 » We have no reason to fear that the cause of Religion would suffer
 » materially from not giving a public support to its Ministers, and from
 » leaving them to be supported by the liberality of their people  »
In 1829 & ’30 Bills for the sale of a part of the Clergy Reserves,
&  » for the Support and promotion of Education, and for the general
improvement of the Province, » were passed- nem-con—by the
Assembly, but rejected in the Legislative Council.
On 12th March 1831 a resolution in the Assembly was adopted by
a majority of 30 to 7 stating  » That it is  » unjust as well as impolitic
 » to appropriate the said lands (i.e. the reserves) to the Support of
 » any one Church exclusively, and it is extremely difficult, if not
 » altogether impracticable, to apportion or divide the same among the
 » Clergy of all denominations of Protestants— That a large majority
 » of the Inhabitants of this Province, are sincerely attached to His
 » Majesty’s person and Government, but are averse to the establish-
 » ment of any exclusive or Dominion Church— That this House feels
 » confident that to promote the prosperity of this portion of His
« Majesty’s Dominions and to satisfy the earnest desire of the people
 » of this Province, His Majesty will be graciously pleased to give the
 » most favorable consideration to the wishes of His faithful Subjects—
 » That to terminate the jealousy and dissention which have hitherto
 » existed on. the subject of the said Reserves, to remove a barrier to
 » the settlement of the Country and to provide a fund available for
 » the promotion of education, it is extremely desirable that the said
 » lands so reserved, be sold, and the proceeds arising from the sale of
« the same, placed at the disposal of the Provincial Legislature, to
 » be applied exclusively for those purposes. That an humble Address
 » be presented to His Majesty, setting forth the subject of this Reso-
 » lution, and praying His Majesty will be graciously pleased to re-
 » commend to H. My,s Parliament of Great Britain and Ireland to pass
 » an act to authorize the sale of the Clergy Reserves, remaining
 » unsold, and to enable the Legislature of this Province to appropriate
« the proceeds thereof in such manner as may be considered most
 » expedient for the advancement of education, and in aid of erecting
 » places of Public worship for various denominations of Christians « —
The close of the Session on the 16tb March stopped any further
proceedings at that time, but on the 14′ » Decr following, shortly after
the opening of the next Session, this Resolution was embodied in an
Address to the Crown, which was carried by a Majority of 28 to 6,
the only alteration being that the proceeds arising from the sales
were to be applied to Education only— Within a few days of the end
of the Session, a Bill was brought in by the Attorney General, in conformity
with the instructions of the Earl of Ripon to reinvest the lands N
in the Crown, but was not proceeded with—
In the Session of 1832-3, a Bill for the reinvestment of the
Reserves in the Crown, was again brought in by the Attorney General,
but not proceeded with.
In 1834 a Bill for the sale of the Clergy Reserves for purposes of
Education, was brought in and passed by a Majority of 22 to 12.—
This Bill was lost in the Legislative Council — In 1835 a Bill entitled,
« An Act for the disposal of the Clergy Reserves in this
 » Province for the purposes of General Education  » was passed in the
Assembly by a Majority of 39 to 7— two previous motions for getting
rid of it having been lost by Majorities of 43 and 41 to 4. This Bill
having been sent up to the Legislative Council, That House, instead
of proceeding with it, adopted a series of Resolutions stating the
various claims which had been made upon the Clergy Reserves, and
praying the Imperial Legislature to assume the decision of the
question. These Resolutions having been communicated to the House
of Assembly, were referred by them to a select Committee who
reported a Resolution which was adopted by the House, by a Majority
of 24 to 10— The opening sentences alone of that Resolution need
be quoted here. They are as follows—
 » Resolved — that this House has repeatedly expressed their opinion
 » that the lands appropriated for the support and manitenance of a
« Protestant Clergy within this Province, commonly called « the
 » Clergy Reserves  » aught, for various reasons, to be sold. That it
 » would be unjust to apply the monies arising from the sale of the
 » same, to the benefit of one or more favored religious denominations,
 » and that it would be impracticable, and, from many considerations,
 » inexpedient, to distribute the monies arising therefrom, among
 » all denominations, and that this House has been unremitting in its
 » endeavours to procure the sale of these lands and the application
 » of the funds produced by such sale, to objects of great importance
 » and interest to the people of this province. That, with this view the
 » House has heretofore repeatedly passed Bills providing for the sale
 » of the Clergy Reserves, and the appropriation of the monies arising
 » therefrom, to the support of Education,—which Bills have been re-
 » jected, without amendment, by the Legislative Council— That with
 » the same view, this House has repeatedly made known, by humble
 » and dutiful addresses to His Majesty its wishes and opinions, and
« the wishes and opinions of His Majesty’s faithful Subjects in this
« Province, on this highly important subject; and this House takes
 » this opportunity of declaring that the wishes and opinions, both on
 » the part of this House and of its constituents, remain entirely un-
 » changed « —
In 1836 a Bill for the sale of the Clergy Reserves for purposes of
general education, was again passed by a Majority of 35 to 5 in the
House of Assembly, and sent up to the Legislative Council—The
Council amended the Bill, by reinvesting the Reserves in the Crown,
for the purposes of Religion—The Bill was then reamended in the
Assembly, and brought back to its original state, and carried by a
Majority of 27 to 1. It was of course lost in the Legislative Council.
In the Session of 1836-7, a Resolution was adopted in the
Assembly by a Majority of 35 to 21 in the following terms:— » Re-
 » solved that it is desirable that the lands, commonly called Clergy
 » Reserves, and the proceeds arising from the sales thereof, be appro-
 » priated for the promotion of the Religious and moral instruction of
« the People throughout this Province. »—This Resolution was communicated
for concurrence to the Legislative Council, who, in reply,
stated that that if by  » Moral Instruction, » was meant nothing distinct
from or independent of religion, they would be ready to concur
in it,—and that they would be ready to go any reasonable length in
meeting the wishes of the other Branches of the Legislature, keeping
in view the necessity of making provision for the religious instruction
of the people, and the maintenance of Public Worship The Matter
does not appear to have been further proceeded with during that
In 1837-8 a Resolution was adopted by the Assembly by a
majority of 21 to 17, for reinvesting the Reserves in the Crown,  » for
the Support and (maintenance of the Christian religion within the
Province, » and a Bill for that purpose was brought in. It was not
however proceeded with, probably on account of the then disturbed
State of the Province.—In 1839 the question engaged a very large
portion of the attention of the Legislature—Early in the Session, a
Select committee was appointed, on whose Report the House adopted
a series of Resolutions, among which the following was carried by a
division of 24 to 20:—
« Resolved that all the Clergy Reserves, now unsold, and which
« shall not be reserved for the foregoing purposes:—(i.e. for glebes
 » for the Church of England, and Scotland, and the Wesleyan Metho-
 » dists.) be sold under the rules and regulations from time to time in
 » force relative to the sale of Crown Lands. That the proceeds of all
« the past and future sales subject to the necessary expenditure for
« the purchase of lots from time to time as limited in the foregoing
 » resolutions be invested in Provincial Debentures, and the interest
 » to be disposed of as follows:—
 » 1st To pay to each Clergyman of the Churches of England and
« Scotland, resident according to the first resolution, an annual
 » stipend not to exceed one hundred pounds.—
 » 2nd To pay to the Wesleyan Methodist Church in Canada, in con-
 » nexion with the English conference or their proper Officer, a sum not
 » to exceed one hundred pounds per annum, for as many Ministers of
« that Church as there shall be lots granted, and conveyed in each
 » circuit according to the second resolution.
 » 3d The Surplus of interest not otherwise disposed of, to be expended
 » in aid of the erection of places of Public Worship throughout the
 » Province generally  »
A Bill founded on these Resolutions was afterwards introduced and
passed after much opposition on a division of 24 to 20; but having
been amended in the Legislative Council, it was finally rejected in
the Assembly by a Resolution carried on a division of 20 to 18.
 » That it is expedient for the peace, welfare, and good government of
« this Province, that the reservation of lands for the support of a
 » Protestant Clergy, cease, and that the Lands, already set apart for
 » that purpose, be sold in the same manner as Crown Lands are now
 » sold, and the proceeds of such sales be paid into the hands of the
 » Receiver General of this Province, for the general uses thereof, and
 » that an humble Address be presented to Her Majesty, praying that
« Her Majesty may be pleased to recommend to the Imperial Parlia-
« ment, to pass an act placing the funds arising from the sales of
« the Clergy Reserves heretofore made and invested in England, in
« the hands of the Receiver General of this Province, to be placed
« under the control of « the Local Legislature. »
A Bill, framed by a Committee appointed in consequence of this
resolution, was brought in and passed through a Committee of the
whole House, and having after numerous and very close divisions,
been recommitted, was finally carried through the House, by the
casting vote of the Speaker. It was amended in the Legislative
Council by referring the appropriation of the proceeds to the Imperial
Legislature and restricting them to  » Religious purposes  » instead of
to  » Religion and Education « . These amendments were finally concurred
in on the last day but one of the Session, when some members
opposed to it, had left town, by a Majority of 21 to 20, and the Bill
was sent home. In the mean time, an Address to the Crown, praying
for the appropriation of the Reserves to general purposes had been
brought forward in the Assembly, and negatived only by the casting
vote of the iSpeaker.
This recapitulation from which Your Lordship will perceive that,
since the year 1826 the House of Assembly have on 14 different occasions
recorded their opinion that the Clergy Reserves ought to be
sold, and the proceeds applied to Educational or general purposes will
sufficiently prove the strong feeling that has heretofore prevailed in
that House on the subject, and you will be able to estimate from it,
what ought to be the value of the present Bill, in the eyes of those
who are desirous of devoting these funds to the support of Religion.
I fear indeed, that this measure is far more justly open to the
charge of being against the sentiments of the people of the Province,
so frequently recorded, and so steadily maintained.
I am however, satisfied that the value of arriving at a Settlement
cannot be over estimated, and that strong as these feelings may have
been, the immense advantage of having this question finally withdrawn
from the arena of popular discussion and dispute, will reconcile
all parties to it.
most fervently then do I pray, that the settlement now agreed to,
may be fixed, and that no obstacle may be opposed to its confirmation
by Her Majesty. Should it be otherwise, and the question be again
thrown back, for discussion, here, I cannot forsee all the consequences,
but at least I know that peace and tranquillity must, in that event,
long remain strangers to this Province.
I have &c


1 Copy, G, 389, p. 105.

TORONTO 22nd Janr 1840.

By the 2nd Clause of the Bill for the sale of the Clergy Reserves
in this province, which accompanied my Despatch to Your Lordship
of this days date, n° 36 it is provided that the proceeds of all past
Sales effected under the Imperial Statute 7 & 8 Geo: 4 shall be subject
to such orders as the Governor in Council shall from time to time
make for their investment—It may be questioned whether, without
an Act of the Imperial Parliament this Clause would not in fact be
inoperative. The Statute of the 7 & 8 Geo: 4 authorizes the sale of a
portion of the Reserves and provides that the proceeds shall be
invested in the public funds of Great Britain and Ireland, and that the
interest of such investments shall be appropriated for the improvement
of the remaining part of the Clergy Reserves, or otherwise « for
 » the purposes for which the said lands were So reserved as aforesaid,
 » and for no other purpose whatever »—
No part of the constitutional Act is in terms repealed by this
Statute, and it must therefore be assumed that there was no intention
of interfering with the powers conferred by the 41st Clause of the
former Act on the local Legislatures. The words, however above
quoted, are so unqualified that it may probably be necessary to
obtain from Parliament, an Act declaring that nothing in the Statute
7 & 9 Geo: 4 shall be construed to limit the powers granted to the
Legislatures of the Canadian Provinces by the 41st Section of the
Act 31 Geo: 3. C: 31, or to restrict their right to dispose of the
proceeds of Clergy Reserves, sold under the authority thereof, or of
the interest arising from the investment of such proceeds; but that
any Law which has been, or may be passed by the Provincial Legislature
for the disposition of such proceeds or the interest thereof,
shall be as valid, and effectual as it would be for the disposition of
the Reserves, had they remained unsold—

I have &e


1 Copy, G. 389, p. 107.

TORONTO 24th Jany 1840

In my Despatch of yesterdays date N° 37 I have pointed out the
possible necessity of the introduction into Parliament of an Act for
giving effect to that portion of the Clergy Reserves Bill which relates
to the proceeds of Sales invested in England. I have done so in order
to shew Your Lordship that the doubt said to exist with regard to the
effect which the strict construction of the Act of 1827 might have
upon the powers granted to the Legislature here, under the 31 George
3d had not been overlooked. — Your Lordship will at once understand
that no Bill which should leave untouched the investments in the
English funds, would have a chance of success here, and it is impossible
to suppose that, at the time of passing the Act 7 & 8 Geo: 4 it could
have been intended to interfere with the powers conferred by the
Constitutional Act in the local Legislature It will of course, not be
necessary to introduce the measure to which I have adverted until
after the Clergy Reserves Bill shall have been allowed to pass the
two Houses.—

I have &c


1 See above p. 700, 774.
2 G. 137, p. 102 ff.

29th July, 1850.

I have the honor to transmit to your Lordship copies of a Correspondence
between the Lord Bishop of Toronto and myself on the
subject of the establishment by Royal Charter of a University in
Upper Canada exclusively connected with the Church of England
and unaided by the Public Funds of either this Country or the Province,
and I have to request your Lordship will report to me your
opinion whether there are any circumstances in the present state of
Canada which would afford any sufficient reason for withholding from
the members of the Church of England who are desirous of establishing
a University by means of Funds raised by themselves and without
assistance from the public, the advantage of a Royal Charter in the
terms of the enclosed Draft. I am not myself aware that any such
circumstances exist, and I should greatly regret to find that there is
any obstacle to the grant of the proposed Charter, since it appears to
me that it would only afford to the Members of the Church of England
facilities for carrying on education according to their own views which
are usually extended to other religious Communities.

I have the honor to be
My Lord,
Your most Obedient
humble Servant.


&c &c &c

Copy to Council 7 Oct.


LONDON, 19 Bury St., St. James’s
29 May 1849

I beg permission to enclose a memorandum of the scheme alluded to in theletter,
which I had the honor to address to your Lordship on the 17th instant
for establishing without assistance from the Colonial Government, a University
in connection with our Church, and receiving only from our Gracious Sovereign
what other denominations have long enjoyed, a Charter of Incorporation, providing
for the government of the Institution, and granting it the privilege of conferring
Your Lordship will, I trust, do justice to the course, which I thus seek to
pursue, and which, if concurred in by your Lordship will enable the Church
quietly to withdraw from farther discussion on the subject in Canada, and
to leave her enemies in the unmolested enjoyment of the Royal endowment of
which we have been most unjustly deprived, since it would appear, that the
Imperial Government can offer no remedy.
In this way the proposed Church University will be entirely separated
from political agitation of every description, and be able to proceed in her work
of religious and scientific instruction though perhaps on a diminished scale,
in security and peace.
I have &c
The Right Honble
&c &c &c

Of a Scheme for Establishing a Church University in Upper Canada.
To be endowed from private sources only.

Building Fund
The contributions and donations already made in the Colony and which
may be expected to increase beyond their present amount £25,000 provincial
Currency to £30,000 Currency or £26,000 Sterling to be expended in erecting the
necessary Buildings.
The Endowment to arise from two sources.

A Queen’s Letter for a Collection in all the Churches of England theproceeds
of which may be assumed at £20,000—
The reasons for granting such a letter in this case are very strong I may
with truth say irresistible.

1st As regards precedents— A Queen’s Letter as I am informed was granted
many years ago towards the Establishment of Bishop’s College at Calcutta
and half of the proceeds of a Queen’s letter was recently given to the Bishop
of Newfoundland towards Building his Cathedral. I am persuaded that many
others are to be found but to which as a stranger I have no access.
2. A Queen’s letter has only reference to the Members of the Established
Church— It is a collection of Divine Service to which the Worshippers may
contribute or not as they see fit. It therefore imposes no hardship on any one
much less a compulsion to give but is merely such a charitable Act as one branch
of the Church being in difficulty may receive from another and has been practised
since the days of the Apostles.
3. The Church in Upper Canada has peculiar claims upon the Church of
England not only as a weak Child requiring fostering care but because the
Colony has been for many years the Chief Asylum of poor Emigrants from the
parent State of whom thousands are Church people and being commonly destitute
when they arrive have to be largely assisted and such assistance always comes
in the largest measure from the Members of our Church: It may indeed be
truly affirmed, that more is sometimes given in one year in private Charity to
these destitute Strangers than the amount assumed as the probable proceeds
of the Queen’s Letter.
4. Of the 97,000 Emigrants who came to Quebec in 1847 more than %ais
reached Upper Canada. Of these 40,000 landed at Toronto bringing with them
a malignant fever, and although the Government did a great deal to mitigate
their distress much more remained for the charitable to do. And what rendered
matters more afflicting many of our own people in their eagerness to relieve
the sick Emigrants became themselves victims to this virulent and contagious
fever, for several months indeed during the whole Summer more than 1,200
Emigrants were sick in the Hospitals and temporary Buildings erected for their
accommodation. The principal Agents in all this were my Clergy and people-
Surely the saving to the United Kingdom of the great expence of supporting
97,000 perishing Emigrants becomes an irresistible claim to a Queen’s Letter as
some small return.
5. Moreover it will only be doing for us what the Church of Upper Canada
poor as she is has already done for this great Country— A collection was made
in all our Churches Chapels and Stations during the recent famine in Ireland
and Highlands of Scotland giving 2/3 of the amount to the former and 1/3 to
the latter— On the whole we have already contributed more than ten fold the
proceeds of such a Royal Letter and are still continuing year after year to give
more than it is likely to produce—and yet such a mark of Royal consideration
« Would be most gratefully received as a precious remuneration for all we have
done or may hereafter do.
6. In fine as far as I can learn the Members of the Church of England
would gladly welcome the grant of a Queen’s Letter in this Case as affording
them an opportunity of manifesting their love for the Church in Canada, in
a way after their own hearts.

Contributions from Public Bodies and Individuals in England. £10,000
But should Her Majesty the Queen condescended to bestow a Royal donation
to head the list as I have reason to believe His Grace the Duke of Wellington
if. prepared to do to the extent at the least of One thousand pounds, the amount
of this source might be taken at twenty instead of ten thousand pounds.
And there I most respectfully submit, that were Her Majesty aware that
we have been deprived of a Royal gift worth £270,000 consisting of lands under
patent from the Crown yielding a Revenue of Eleven thousand pounds per
annum and pledged by three Sovereigns, She would hasten to repair in as far
as may be in her power the great loss and injury we have thus sustained.
In conclusion I could with all respect and deference submit that it is no
slight argument in favor of this Scheme that its adoption will set at rest a grave
and troublesome question in the Colony in a way that can give just offence to
no one—but while the National Church remains without a University to educate
her Youth on religious principles for the Holy Ministry, and the liberal professions,
the blessings of tranquility and peace can scarcely be hoped for in Upper


19 Bury Street, S* James’s
29 May 1850



We your Majesty’s most Dutiful and Loyal Subjects the Clergy and
Laity of the United Church of England and Ireland, inhabiting that
part of British North America which formerly composed the Province
of Upper Canada

Most Humbly Represent.

That after the peace of 1783, this portion of Your Majesty’s dominions
became the Asylum of those faithful Loyalists, who during the Revolutionary
War with the Colonies, now the United States, shed their blood and sacrificed
their property in adhering to their King and the Unity of the Empire.
That the Parent State, anxious to prove her grateful sense of their affectionate
and disinterested services in a way the most agreeable to their wishes
and feelings, conferred upon them in 1791 a form of Government similar to their
own, and in order that the State as at home, might be sanctified by Religion,
provision was made at the express command of Your Majesty’s Royal Grandfather,
in the Constitutional Act for its support, according to the form of the
United Church of England and Ireland, by setting apart for that, the most
important of all objects, a portion of the Waste Lands of the Crown.

That in the Spring of 1797, the Legislature of Upper Canada addressed
their beloved Sovereign George 3rd, of blessed memory, for a portion of the waste
lands of the Crown, to produce a fund for the purposes of education, and more
especially for the support of Grammar Schools and a University.
To this address a most gracious answer was returned, granting their request
and expressing His Majesty’s paternal regard for the welfare of his loyal subjects
in the furtherance of an object so important as the instruction of their
youth in sound learning and the principles of the Christian Religion.
That soon after the Colonial Government appropriated for the required
object five hundred thousand acres of Land, one half for the support of Grammar
Schools, and the other half for the establishment of a University.
That the slow advance of the Colony in wealth and population during the
wars which so long desolated Europe, delayed for many years the establishment
of the University; but though postponed, it was never lost sight of, and in 1827,
a Royal Charter was granted by His late Majesty King George 4th erecting a
college or University within the province of Upper Canada in which the wishes
of his Royal Father are embodied as it provides « for the education of youth
« in the principles of the Christian Religion, and for their instruction in the
« various branches of science and literature which are taught in the Universities
« of this Kingdom » Your Majesty’s humble petitioners would further represent,
that steps were immediately taken to secure by Royal Patent the valuable
Endowment granted at the same time with the Charter, and measures adopted
for opening the University and commencing the business of instruction, but
before this could be accomplished, a Despatch was received by the Lieutenant
Governor, Sir John Colborne, now Lord Seaton bearing date the 2nd November,
1831, recommending at the express desire of His Majesty King William 4, such
reasonable modifications as might satisfy certain adversaries of the Charter, but
at the same time stating that no part of the Endowment of the College would
ever be diverted from the great object of the education of youth, and that it
must ever be regarded sacredly and permanently appropriated to that important
object; and His Majesty earnestly recommends to the consideration of the
Legislature the permanent establishment in the College of a Professor of Divinity
of the Church of England upon a sure footing— declaring it to be a matter of
great importance to those of His subjects in Upper Canada who belong to the
Church of England, and that His Majesty as head of that Church, could not
be insensible to the duty which belonged to him of protecting it in all parts of
his dominions.
That, in accordance with the wishes of Your Majesty’s Royal Uncle, the
Statute 7. William 4, Chap. 16, was passed by the Legislature of Upper Canada,
which satisfied by its modifications all the objections of the more reasonable of
the opponents of the Charter; and as they neither trenched on the endowment
of the University, nor on its religious character, though in other respects
objectionable, the authorities of the College, for the sake of peace, were reluctantly
induced to acquiesce in their enactment.
That these modifications, like all unreasonable concessions, of principle to
factious clamour produced only a transient calm: The enemies of the National
Church implacable in their hostility and encouraged by unlooked for success,
again assailed Kings College, after it had been in prosperous operation for more
than six years, without any complaint as to its management, or manner pi
instruction, and without any second invitation on the part of the Crown, and
were again successful, not merely in effecting partial changes, but in accomplishing
the complete destruction of what might have been the noblest Seminary
on the Continent of America.
Your Majesty’s dutiful subjects would further represent that the Act thus
passed by the Legislature of Canada, on the 30th of May last not only destroys
King’s College, and in effect confiscates the whole of its endowment, but establishes
a secular college, from which Religious Instruction is expressly excluded,
and this in direct opposition to the wishes and invitations of three Monarchs,
and to the chief object for which it was prayed for and enacted, namely,— the
Religious instruction of youth, and the training of such as were inclined for the
holy Ministry; and that no loyal and grateful feelings may hereafter associate
« Kings College » with its Royal benefactors, the very name is suppressed, and
« University of Toronto » substituted in its room.
That your Majesty’s humble petitioners need scarcely represent that they
were filled with grief and dismay at this unjust and ungodly act of legislation,
unexampled as they believe in British History, and that they can have no confidence
in, or connexion with, an educational Institution in which the voice of
prayer and praise can never be heard, and from which by the abolition of all
Religious services,— the acknowledgement of the Deity and belief in the Saviour
are excluded: By the passing of this Act should it unfortunately be confirmed
by your Majesty, nearly two hundred thousand of Your Majesty’s most loyal
and devoted subjects, who belong to the National Church will be deprived of
the means which they enjoyed, through the bounty of the Crown, of educating
their children in the Christian Faith, or of bringing up such as are disposed to
the holy Ministry; from all which your Majesty will perceive that the welfare
of that Church of which your Majesty is the Constitutional head and protector,
is placed in imminent peril.
Your Majesty’s loyal subjects further represent, that they have the pledge
of no fewer than three Sovereigns for the integrity of Kings College as a protestant
Religious Seminary, according to the order of the Church of England,
and for the safety of its endowment, and they are the more encouraged to claim
the fulfilment of this sacred and Royal pledge, from the fact that the endowments
of Louis 14th, in Lower Canada nearly ten times the amount of these
granted to Kings College are reverently respected; while the only Seminary
belonging to the Church of England is not merely rendered useless to the cause
of Religion, but will be utterly destroyed, and a Godless institution established
in its stead, unless Your Majesty shall graciously interfere by the exercise of
your Royal prerogative to prevent it.
Your Majesty’s humble petitioners most respectfully represent that they
have been brought up to fear God and honor the King; they have ever held the
promise of their Sovereign sacred and worthy of all trust, and, so trusting, they
did not presume, when lands were cheap in the Province, and an endowment
might have been easily obtained to stand between the Grace of the Sovereign
and the people; nor were they prepared for the disregard to the Royal prerogative
and the just claims of the National Church manifested by the late Act,
which Act they consider more unaccountable and unjust, because the same
Legislature has abundant means at its disposal of endowing as many Colleges
as it pleases without the slightest detriment to any one, and of leaving that of
her Sovereign and her religion free and untouched: For all we ask is simply to
retain the advantage which is actually enjoyed by every other body of Christians
in Upper Canada, — of having one place of public education, in which their
young men may be religiously instructed, and such as desire it trained to the
Holy Ministry, and not to have an endowment wrested from us which our
Sovereign has granted for that purpose.
Your dutiful and loyal subjects, may it please your Majesty, would further
observe, in deep anguish of heart, that there was a time when the word of the
Sovereign was felt to be as secure as the stability of the Empire, and shall such
a time be allowed to pass away? The truth of the Sovereign and the affection of
the people are co-relative, and the one cannot live without the other; yet nearly
one third of the Inhabitants of this noble Colony are suffering in their dearest
rights and interests from an Act which they feel to be extremely oppressive.
They are deprived of their University and endowment, although thrice guaranteed
by the Crown, and by this they lose the power of conferring degrees in Arts
and Divinity, which virtually passes on them a sentence of proscription from all
such Offices of profit and honor as require a degree to qualify for their attainment,—
above all they are deprived of the means of bestowing on their children
an Education based on religion, the only education worth possessing.
Under such trying circumstances, to whom can they go for redress but to
your Majesty, in whose maternal affection they put their trust, as many of them
now far advanced in life have done in Your Majesty’s predecessors? Permit us,
then, to hope, that Your Majesty will lend a gracious ear to this our humble
supplication, that influenced by your exalted position as head of the Church you
will cause the pledge of three Sovereigns to be redeemed by the restoration of
King’s College in all its efficiency with such modifications of its original Charter
as shall separate it entirely from Politics, and allow it to proceed in its work of
scientific and religious instruction in security and peace.

Dutiful and Loyal
petitioners as in duty
bound will ever pray

Signed by above 125,000 1 persons.

1 This figure has been soared through, in. pencil.  » 12,500″ is written below.




We your Majesty’s dutiful and loyal Subjects Members of the United Church
of England and Ireland in Upper Canada humbly beg leave to represent that His
late Majesty King George the Fourth was graciously pleased in the eighth year
of his reign to establish and incorporate by a Royal Charter under the Great
Seal of England a College within the province of Upper Canada for the Education
of Youth (as the said Charter specially declared) in the principles of the
Christian religion and for their instruction in the various Branches of Science
and Literature
That His Majesty was pleased to give to the said College the name of Kings
College to confer upon it the style and privileges of an University with power
to confer Degrees in Divinity and in other faculties and to pass Statutes and Bye
laws for the good Government and Management of the said University and
especially for the performance of Divine Service therein And that His Majesty
was further pleased to provide for the adequate support of the said University
by directing a grant of Land to be made for its endowment from the Waste
Lands of the Crown in Upper Canada.
We beg leave further to represent to your Majesty that although by its
Charter the University was to be open to all without exacting any religious test
from either professors or Scholars except as regarded the Faculty of Divinity
yet it was so far in connection with the National Church that the Members of
the College Council were required to be Members of that Church and Subscribe
to her Articles and so were the professors of Divinity and all Students who
should take Degrees in Divinity.
That some discontent having been exited in the Province on account of
these provisions it was throught fit by.His late Majesty King William the
Fourth to allow the Legislature of Upper Canada to pass an Act altering the
terms of the Royal Charter in these particulars which connected the said
University exclusively with the Church of England and especially abolishing
all religious tests or qualifications except that it was required that the Members
of the College Council and all the professors to be appointed should make a
Declaration that they believed in the authenticity and Divine Inspiration of
the Old and New Testament and in the Doctrine of the Trinity.
That under this altered Charter Kings College preserving its name, and
the municifent [sic] endowment granted by the Crown was still capable of
being made a Seat of learning valuable for all who can appreciate the blessing
of sound religious instruction for their children—because although the
security of tests was removed yet there was no prohibition against the establishment
and continuance of a Divinity professorship of the Church of England
within the said University and the regular celebration of Divine Service and
His Majesty King William the Fourth when he was pleased to assent to the
modification of the Charter having especially required that that advantage
should be secured to the Members of the National Church—there was in fact
a Divinity Professorship of the Church of England appointed upon the Organization
of the College during the Administration of Sir Charles Bagot whose
services were continued through the whole period that the College was in
successful operation which it had been from its commencement until the first
day of January last on which day an Act of the Provincial Legislature passed
in its last Session came into force, repealing and annulling in effect the whole
Royal Charter by which King’s College was established.
We now humbly beg leave to represent to your Majesty that by this last
Act the University as established by Royal Charter under the Great Seal of
England has been virtually abolished, its name being changed to the « University
of Toronto » and its property and funds directed to be applied to the support
of an Institution in which it is expressly provided, by the law which creates
it, that there shall be no faculty of Divinity, nor shall there be any professorship,
Lectureship, or Teachership of Divinity in the same—that there shall
be no religious test or qualification whatever for any Scholar, Student or
Fellow or for any person appointed to any Office or employment whatever in
the same, nor shall any religious observances according to the forms of any
particular religious denomination be imposed upon the Members or Officers
of the said University or any of them: that the University shall have no
power to confer any degree in Divinity and that no person shall be appointed
by the Crown to any Seat in the Senate who shall be a Minister Ecclesiastic
or Teacher according to any form or profession of religious faith or Worship
The foundation which had been so kindly and liberally made by our
Sovereign for the sound moral and religious education of our Youth having
been in this manner destroyed Your Majesty’s Petitioners feel that it has
now become their duty to make the most strenuous efforts for founding an
University or College in which instruction in the Sciences may be combined
with a sound religious education, and in which the truths of Christianity as
they are held by their Church can be taught without jealousy or reserve. We
do not desire to see tests imposed of such a nature as could create uneasiness
among the Members of the Church but would consider the great object of
religious peace and unity within the College sufficiently secured by requiring
from all who are to have any share in its Government or any duties as Professors,
Teachers or Officers to be performed within it, the declaration that
they are sincere and faithful Members of the United Church of England and
Ireland, conforming to Her Liturgy; submitting to her discipline and believing
in her Doctrines—and pledging themselves that their conduct shall be always
in accordance with that Declaration.
We entreat that your Majesty will be graciously pleased to grant your
Royal Charter for the Incorporation of an University to be established on
this clear and unequivocal principle and to be supported by means which
the Members of the Church will contribute from their own resources.
The privilege which we ask has been already conceded to the Members
of the Church of Scotland in Upper Canada and will not as we humbly hope
be with held from the Members of the Church of England composing as they
do the most numerous denomination of Christians in Upper Canada and being
behind none in Devotion to your Majesty’s Royal person and Government,
in obedience to the laws and in the proofs of a just and tolerant spirit towards
all classes of their fellow subjects.

and Loyal Petitioners will
ever pray.

John Toronto
Geo: Neill Stewart
D.D. Archdeacon of Kingstone
Stephen Lett, LLD.
J. G. D. McKenzie
B. A. Clerk
Arthur Palmer. B.A.
J. Gamble Geddes
B.A. Clerk
Edma Baldwin M. A.
Richard Mitchell M.A.
Robert S. Jameson
H. P. Estin
Edward G. O’Brien
W. B. Robinson
ThoB D. Harris
L. Moffatt.
John Duggan
John Beverly Robinson
M. Betley.
J. W. Brent
W. Stewart Dartind

C Alexander Neale Bethune
| Archdeacon of York
H. J, Grassatt, MA.
J. R. Robinson C.J.
of Upper Canada
J. B. Macaulay
Wm. H. Draper
J.Q.B.U. Canada
Alex: Burnside.
Enoch Turner
William Nattowd
LL. D.
Lucius O’Brien M.D.
Profesor Med:
Toronto University
George Crookshank
Jas Gordon
J. Bevan
Thos Champion
Toronto, Upper Canada
9 April 1850.

13 June 1850
I have had the honor to receive your Lordship’s letter of the 29th ultimo
enclosing a memorandum on the subject of the proposed establishment by
Royal Charter of a University in Upper Canada in connexion with the Church
of England, and unaided by Colonial funds.—
I need scarcely observe to Your Lordship that Her Majesty’s Government
are always disposed to regard favorably proposals which are made for
extending and improving the means of Education in the British Colonies, and
more especially when these proposals do not involve the necessity of a grant
of public money. I shall therefore be ready to consider with the utmost attention
the suggestions you have offered for the incorporation of a new University in
Upper Canada whenever your Lordship shall have favored me with a draft
of the Charter which may be deemed adequate for the purpose. Until I shall
be in possession of such draft I am obviously not in a position to form any
judgment upon the propriety of recommending Her Majesty to give her consent
to the desired measure. I may observe further that I should feel it my duty
to communicate likewise with the provincial Government on a matter of such
importance before committing Her Majesty’s Government to any settled course
of action.—
2. With respect to the application for a Queen’s Letter for the purpose
of raising a collection in aid of the design I have to inform your Lordship that
I find upon communicating with the Secretary of State for the Home Department
that a very strong objection is entertained to the multiplication of such
appeals to the benevolence of Her Majesty’s Subjects, and that as the S. P.
Gospel has under the existing arrangement, the advantage of a Queen’s Letter
once in three years, by which large funds are collected for the support of the
Church in the Colonies, I fear it will not be practicable to comply with your
request. At all events it will be impossible to do so before a decision has been
formed as to the grant of a Charter of Incorporation to the proposed University.
3. Having laid before the Queen the petition dated the 9 April last which
you placed in my hands from certain Members of the United Church of England
and Ireland in Upper Canada urging the establishment of the proposed university,
I have to acquaint your Lordship that Her Majesty was pleased to receive
the same very graciously. I have also laid before Her Majesty the petition
which your Lordship communicated to me at the same interview from the
Clergy and Laity of the Church of England in Upper Canada expressing their
objections to the Act passed in the last Session of the Legislature of Canada
for the Amendment of King’s College, Toronto, and praying that measures may
be taken for restoring that College to its efficiency, with such modifications of
its original Charter as shall separate it entirely from politics. Upon this
petition which judging from the terms in which it is expressed, should, I apprehend
have been delivered to me previously to the confirmation of the Act referred
to I have been unable to advise Her Majesty to issue any commands.—
I have &c
(signed) GREY.—
The Lord Bishop of Toronto.

19 Bury Street St James
18th June 1850
I have the honour to acknowledge your Lordship’s Letter of the 13th Inst in
reply to the communication and memorandum which I took the liberty of
addressing to your Lordship on the 29th Ult: relative to the proposed establishment
by Royal Charter of a University in Upper Canada but unaided by public
Your Lordship is pleased to state that Her Majesty’s Government are
always inclined to regard favorably proposals which are made for extending
and improving the means of Education, and more especially when the proposals
do not involve the grant of Public money and that your Lordship will consider
with the utmost attention the suggestions which I may offer for the incorporation
of an University in Upper Canada, whenever I shall have furnished a draft
for the same.
Such draft I have now the honor to enclose in the full confidence that it
will receive your Lordship’s approbation. It is little more than a transcript
of the Charter of the late King’s College or of that of the Scotch College now in
operation at Kingston Canada West with such modifications only as may
attach the Institution, it seeks to establish, to the Church and separate it from
all Political influence whatsoever and enable it to proceed in its work of
religious and scientific instruction in security and peace.
But while I thank your Lordship for promising to give due attention to the
draft of the Charter in order to be in a position to judge of the propriety of
recommending Her Majesty to grant her consent to the desired measure I trust
that on further reflexion your Lordship will see cause to relinquish any such
reference on the subject to Canada as may impede or delay its issue and for the
following among other reasons.
FIRST.—It is the avowed intention of the Promoters of the Statute by which
King’s College has been superseded and its endowment devoted to the establishment
of a new University from which religion is by enactment excluded to
make that University the only one in the Province, and for this purpose they
have invited, though as yet without success those religious bodies, who have
Colleges of their own to surrender their Charters, and to affiliate themselves as
Theological Seminaries around the New University—Now as long as this desire
is cherished on the part of the Provincial Government an application for their
assent to establish a Church University will in all probability fail.
SECOND.—Such reference, I respectfully submit, would upon another
ground be met with refusal or dissent.
The Members of the Church of England being more than one fourth of the
population and in number more than two hundred thousand furnish nearly three
fourths of the Youth who desire an University Education, as was shewn from
the lists of the names of the Students, who attended Kings College. Now all
these will go to the Church College, as soon as it commences the business of instruction, and, if to these be added the Youth of the different denominations
having Colleges of their own, the Toronto University as its Friends will know, and admit, will be left comparatively empty hence they will object to any seeming rival. THIRD.—’Had the Bishop and Members of the Church of England besought her Majesty for something new, and uncommon it would have been reasonable to communicate with the Provincial Government; but they merely ask the advantage, which every other body of Christians in Upper and Lower Canada enjoy namely one College supported by their own means in which their Youth
may be instructed in religious and secular knowledge—and as it cannot be with- held from the Church of England without manifest injustice, your Lordship will perceive that to make it to depend upon the Will or Caprice of those by
whom that Church has been deeply injured will be felt to be nothing less than proscription and intolerance FOURTH I would further my Lord respectfully submit, that what we request is clearly within the Royal prerogative to bestow, and can be granted
to us, as it has been to others, without giving just cause of offence to any one
since it has nothing to do whatever with party or with Politics
Your Lordship will I trust pardon me for calling your attention to the
humiliating position in which this condition of reference is likely to place the
Church of England.—No such impediment has ever been allowed to intervene
between the Grace of the Sovereign and any other denomination, and why should
it be permitted to stand between the Queen and her own Church which it is her Special duty to protect.
All we desire my Lord is such a Charter as has been granted to the Church
of Scotland in Canada, and under such a Charter we shall be proud to Act.—
Allow me then to hope, that your Lordship will in consideration of the reasons which I have had the honor to suggest and the justice and pressing nature of our Cause grant the Prayer of our Petition without any unnecessary delay.—
Give us no reason, I beseech you, my Lord, to envy our Neighbours in the United States of America where there is no instance of a Charter, such as we pray for, having been refused. Instead of circumscribing their Colleges and Schools of learning that acute people take delight in their multiplication and so little jealous are they in this respect that they have uniformly cherished all such
Institutions as had been founded by the Crown previous to the revolution and
such ‘have received from the Ruling powers ample protection after these powers
had become foreign to the British Empire—Thus the Colleges founded by the
Kings and Queens of England in the Colonies are still respected and preserved
and their endowments not only held sacred but largely increased As your Lordship has seen fit to decline granting a Queen’s Letter to assist
us in the endowment of our proposed University I bow with due submission
But I may be allowed to state that my request was by no means unreasonable.—
Precedents are not wanting and the reasons assigned in my Memorandum for
granting such a favor are in the Judgment of others as well as myself all but
I have &e
The Right Hon’ble
&c &c &c

VICTORIA by the Grace of God of the United Kingdom of Great Britain
and Ireland Queen Defender of the Faith and so forth.

WHEREAS the establishment of a College within the Province of Canada in
connection with the United Church of England and Ireland for the education
of Youth in the principles of the Christian Religion and for their instruction
in the Various branches of Science and Literature which are taught in the
Universities of this Kingdom would greatly conduce to the welfare of our
said Province AND WHEREAS humble application hath been made to us by
many of our loving subjects in our said Province that we would be pleased to
grant our Royal Charter for the more perfect establishment of a College
therein and for incorporating the Members thereof for the purposes aforesaid.
NOW KNOW YE that we having taken the premises into our Royal consideration
and duly weighing the utility and importance of such an Institution
HAVE of our special grace certain knowledge and mere motion ordained and
granted and DO by these presents for us our heirs and successors ordain and
grant That there shall be established at or near our City of Toronto in our
said Province of Canada from time to time one College with the style and
privileges of an University as hereinafter directed for the education and
instruction of Youth and Students in Arts and Faculties to continue for ever
to be called « Trinity College » AND we do hereby declare and grant that our
trusty and well beloved the Right Reverend Father in God John Bishop of
the Diocese of Toronto or the Bishop for the time being of the Diocese in
which the said City of Toronto may be Situate shall be Visitor of the said
College. AND we do hereby declare that should there be any division or
divisions of the said present Diocese of Toronto the Bishop or Bishops of such
Division or Divisions shall be joint visitors of the said College with the Bishop
of Toronto. AND we do hereby grant and ordain that there shall be a
Chancellor of our said College to be chosen for the term of four Years but
capable of reelection under such rules and regulations as the Visitor or Visitors
and College Council may from time to time see fit to establish AND We
do hereby declare ordain and Grant that there shall at all times be one
President of our said College who shall be a Clergyman in Holy Orders of
the United Church of England and Ireland and that there shall be such and
so many Professors in different Arts and Faculties within our said College as
from time to time shall be deemed necessary or expedient and as shall be
appointed by the Visitor of our said College. AND We do hereby for us our
heirs and successors will ordain and grant that the said Chancellor and President
and the said Professors of our said College and all persons who shall
be duly matriculated into and admitted as Scholars of our said College and
their successors for ever shall be one distinct and separate body Politic
in deed and in name by the name and style of « The Chancellor President
and Scholars of Trinity College at Toronto in the Province of
Canada » and that by the same name they shall have perpetual succession
and a Common Seal and that they and their successors shall from time to time
have full power to alter renew or change such Common Seal at their Will and
pleasure and as shall be found convenient and that by the same name they
the said Chancellor President and Scholars and their successors from time to
time and at all times hereafter shall be able and capable to have take receive
purchase and acquire hold possess enjoy and maintain to and for the use
of the said College any Messuages lands tenements and hereditaments of what
kind nature or quality soever situate and being within our said province of
Canada so that the same do not exceed in value Fifteen thousand pounds
Sterling above all charges and moreover to take purchase acquire have hold
enjoy receive possess and retain all or any goods chattels charitable or other
contributions gifts legacies or benefactions whatsoever AND We do hereby
declare and grant that the said Chancellor President and Scholars and their
successors by the same name shall and may be able and capable in law to sue
and be sued implead and be impleaded answer or be answered in all or any
Court or Courts of Record within our United Kingdom of Great Britain and
Ireland and our said Province of Canada and other our Dominions and in
all singular actions causes pleas suits matters and demands whatsoever of
what nature or kind soever in as large ample and beneficial a manner and
form as any other body corporate and politic or any other our liege subjects
being persons able and capable in law may or can sue implead or answer or
be sued impleaded or answered in any manner whatsoever AND We do hereby
declare ordain and grant that there shall be within our said College or Corporation
a Council to be called and known by the name of « The College Council »
and we do will and ordain that the said Council shall consist of the Chancellor
and President and of five of the Professors in Arts and Faculties of our said
College and that such five Professors shall be Members of the Established
United Ohurch of England and Ireland and shall previously to their
admission into the said College Council severally sign and subscribe the
Thirty nine Articles of Religion as declared and set forth in the Book of
Common Prayer and in case at any time there should not be within our said
College five Professors of Arts and Faculties being Members of the Established
Church aforesaid then our Will and Pleasure is and we do hereby grant and
ordain that the said College Council shall be filled up to the requisite number
of five exclusive of the Chancellor and President for the time being by such
persons being Graduates of our (said College and being Members tof the
established Church aforesaid as shall for that purpose be appointed by the
Visitor or Visitors for the time being of our said College and which Members
of Council shall in like manner subscribe the Thirty nine Articles aforesaid
previously to their admission into the said College Council AND WHEREAS
it is necessary for the completion and filling up of the said Council at the first
institution of our said College and previously to the appointment of any Professors
or the conferring of any Degrees therein NOW we do further ordain
and declare that the Visitor or Visitors of our said College for the time being
shall upon or immediately after the first institution thereof by Warrant under
his hand nominate and appoint five discreet and proper persons resident within
our said province of Canada to constitute jointly with the Chancellor and
President for the time being the first or Original Council of our said College
which first or original members of the said Council shall in like manner respectively
subscribe the Thirty nine Articles aforesaid previously to their admission
into the said Council AND we do further declare and grant that the
Members of the said College Council holding within our said College the
Offices of Chancellor President or Professor in Art or Faculty shall respectively
hold their seats in the said Council so long as they and each of them shall
retain such their Offices as aforesaid and no longer And that the members
of the said Council not holding Offices in our said College shall from time
to time vacate their seats in the said Council when and so soon as there shall
be an adequate number of Professors in our said College being Members of
the established Church aforesaid to fill up the said Council to the requisite
number before mentioned AND we do hereby authorize and empower the
Visitor for the time being of our said College to decide in each case what
particular member of the said Council not holding any such Office as aforesaid
shall vacate his seat in the said Council upon the admission of any new
member of Council holding any such Office AND we do hereby declare and
grant that the Chancellor for the time being of our said College shall preside
at all meetings of the said College Council which he may deem it proper or
convenient to attend and that in his absence the President of our said College
shall preside at all such Meetings and that in the absence of the said President
the Senior Member of the said Council present at any such meeting shall
preside thereat and that the seniority of the members of the said Council
other than the Chancellor and President shall be regulated according to the
date of their respective appointments PROVIDED ALWAYS that the Members
of the said Council being Professors in our said College shall in the said
Council take precedence over and be considered as seniors to the members
thereof not being professors in our said College AND we do ordain and declare
that no meeting of the said Council shall be or be held to be a lawful meeting
thereof unless four Members at the least be present during the whole of
every such Meeting AND that all questions and resolutions proposed for the
decision of the .said College Council shall be determined by the majority of
the Votes of the Members of Council present including the vote of the presiding
member; and that in the event of an equal division of such votes, the member
presiding at any such meeting shall give an additional or casting vote—AND
We do further declare that if any member of the said Council shall die, or
resign his seat in the said Council or shall be suspended or removed from the
same, or shall by reason of any bodily or mental infirmity, or by reason of
his absence from the said Province, become incapable for three calendar months
or upwards of attending the meetings of the said Council, then and in every
such case a fit and proper person shall be appointed by the said Visitor or
Visitors to act as, and be, a member of the said Council in the place and
stead of the member so dying or resigning, or so suspended or removed, or
incapacitated, as aforesaid, and such new member succeeding to any member
so suspended or incapacitated, shall vacate such his Office on the removal of
any such suspension, or at the termination of any such incapacity, as aforesaid,
of his immediate predecessor in the said Council—AND We do further ordain
any [sic] grant, that it shall and may be competant to and for the Visitor or
Visitors for the time being, of our said College, to suspend from his seat in
the said Council any member thereof for any just and reasonable cause to
the said Visitor appearing, Provided that the grounds of every such suspension
shall be entered and recorded at length by the said Visitor in the Books
of the said Council and signed by him And every person so suspended shall
thereupon cease to be a Member of the said Council unless and until he shall
be restored and re-established in such his station therein by any order to be
made in the premises by the said Visitor of our said College—AND we do
further declare that any member of the said Council, who without sufficient
cause, to be allowed by the said Visitor, by an Order entered for that purpose
on the books of the said Council, shall absent himself from all the Meetings
thereof, which may be held within any six successive calander months, shall
thereupon vacate such his seat in the said Council—AND We do by these
presents for us, our heirs, and successors, will, ordain and, grant, that the
said Council of our said College shall have power and authority to frame and
make Statutes, Rules and Ordinances touching and concerning the good government
of the said College the performance of divine Service therein the
Studies lectures exercises degrees in Arts and faculties, and all matters regarding
the same, the residence and duties of the President of our said College,
the number, residence, and duties of the Professors thereof, the management
of the revenues and property of our said College, the Salaries, stipends provisions,
and emoluments of, and for the President, Professors, Scholars, Officers,
and servants thereof, the number and duties of such Officers and Servants, and
also touching and concerning any other matter or thing which to them shall
seem good, fit and useful, for the well being and advancement of our said
College and agreeable to this our Charter AND also from time to time by
any new Statutes, Rules or Ordinances, to revoke, renew, augment, or alter,
all every or any of the said Statutes, Rules and Ordinances as to them shall
seem meet and expedient PROVIDED ALWAYS, that the said Statutes,
Rules, and Ordinances or any of them, shall not be repugnant to the laws
and statutes of the United Kingdoms of Great Britain and Ireland or of our
said Province of Canada, or to this our Charter PROVIDED ALSO that the
said Statutes, rules, and ordinances shall be subject to the approbation of the
said Visitor of our said College for the time being And shall be forthwith
transmitted to the said Visitor for that purpose. AND that in case the said
Visitor shall in writing signify his disapprobation thereof within six months
of the time of their being so made and framed, the same or such part thereof
as shall be so disapproved of by the said Visitor, shall, from the time of such
disapprobation being made known to the said College Council be utterly void
and of no effect, but otherwise shall be, and remain in full force and virtue—
AND WE do further ordain and declare, that no Statute, rule or Ordinance
shall be framed or made by the said College Council, touching the matters
aforesaid or any of them, excepting only such as shall be proposed for the
consideration of the said Council by the Chancellor for the time being of our
said College.—AND WE do require and enjoin the said Chancellor thereof
to consult with the President of our said College, and the next Senior member
of the said College Council respecting all statutes, rules, and ordinances, to be
proposed by him to the said Council for their consideration—AND we do
hereby for us, our heirs and successors, charge and command that the Statutes,
rules, and Ordinances aforesaid, subject to the said provisions shall be strictly
and inviolably observed Kept and performed from time to time in full rigour
and effect under the penalties to be thereby or therein imposed or contained.
—AND WE do further will, ordain and grant, that the said College shall
be deemed and taken to be an University and shall have and enjoy all .such
and the like privileges as are enjoyed by our Universities of our United Kingdom
of Great Britain and Ireland as far as the same are capable of being
had or enjoyed by virtue of these our Letters Patent And that the Students in
the said College shall have liberty and faculty of taking the degrees of Bachelor,
Master and Doctor in the several Arts and faculties at the appointed times;
and shall have liberty within themselves of performing all Scholastic exercises
for the conferring such degrees in such manner as shall be directed by the
Statutes, rules, and ordinances of the said College—AND We do further Will,
ordain and appoint that no religious test or qualification shall be required of,
or appointed for, any persons admitted or matriculated as Scholars within
our said College, or of persons admitted to any degree in any art or faculty
therein save only, that all persons admitted within our said College to any
degree in Divinity shall make such and the same Declarations, and subscriptions,
and take such and the same Oaths as are required of persons admitted
to any degree of Divinity in our University of Oxford. AND WE do further
will direct and ordain, that the Chancellor, President, and Professors of our
said College, and all persons admitted therein to the degree of Master of
Arts, or to any degree in Divinity, Law, or Medicine, and who from the time
of such their admission shall pay the annual sum of Twenty shillings sterling
money for and towards the support and maintenance of the said College shall
be and be deemed, taken and reputed to be, Members of the Convocation of
the said University; and as such Members of the said Convocation shall have
exercise and enjoy, all such and the like privileges as are enjoyed by the
Members of the Convocation of our University of Oxford, so far as the same
are capable of being had and enjoyed by virtue of these our Letters Patent
and consistently with the provisions thereof AND We will and by these presents
for us our heirs and successors, do grant and declare, that these our Letters
Patent, or the enrolment or the exemplification thereof, shall and may be
good, firm valid sufficient and effectual in the Law according to the true intent
and meaning of the same; and shall be taken, construed, and adjudged, in the
most favorable and beneficial sense or to the best advantage of the said Chancellor,
Warden, and Scholars of our said College as well in our Courts of
Record, as elsewhere, and by all and singular Judges, Justices, Officers, Ministers
and other subjects whatsoever of us Our heirs and Successors, any misrecital,
nonrecital, omission, imperfection defect, matter cause or thing whatsoever
to the contrary thereof in any wise notwithstanding.—IN WITNESS whereof
we have caused these our Letter to be made Patent.
Witness ourself at Westminster
By Writ of Privy Seal

20 July 1850.


I have the honor to enclose a Memorandum of two interviews with which I
was honored by the late Sir Robert Peel in the hope that the support which my
application for a Royal Charter to establish a University in Upper Canada in
connection with the Church of England would have received from that eminent
Statesman may be made known to the Rt Hon: Earl Grey Her Majesty’s Principal
Secretary of State for the Colonies, and induce His Lordship to give my petition
both an early and favorable consideration.

I have &c

Her Majestys Under Secy
of State for the Colonies
&c &c


On Friday the 7th of June I called on the late Sir Robert Peel with a letter
of introduction from Chief Justice Robinson of Upper Canada for I was anxious
to interest so great and good a man in the object which had brought me to
England—Soon after I sent in my card and letter, the Servant came and told me
that Sir Robert was very sorry that he happened at that moment to be particularly
engaged but would make an early appointment to see me.—

In the Afternoon of the same day I received the following Note.

« Sir Robert Peel presents his Compliments to the Bishop of Toronto and will
« have the honor of seeing him on Monday Morning at one quarter before eleven. »
On Monday the tenth of June I called at the time appointed—Sir Robert
was at first distant and reserved, but nevertheless courteous and encouraging—
He heard my statement of the many struggles and final destruction of Kings
College and the establishment of a College in its stead from which religion is
virtually excluded, with the most patient attention— »It seems a strange and
«  »outrageous proceeding so far as I understand it, but I shall require to study the
« matter and make myself acquainted with all the details that I may be fully
‘ »satisfied in my own mind before I can even think of interfering—Indeed I have
« so little influence that my interference can, I fear, be of little use—I suppose
 » (he said) that the New Institution of Toronto University is something like the
« London College or the Irish Colleges. »—Pardon me, I replied the London College
preys upon no other interest, and is supported from piivate sources it unhappily
drops religion; but it goes not so far as to exclude it by legal enactment as the
Toronto University does— »That certainly makes a difference »—It differs also
from the Irish Colleges, in this—that the Irish Colleges are supported by the
Government and their establishment did not interfere with or injure any other
Institution,—But the College or University of Toronto is founded on the ruins of
Kings College, whose Royal Charter it has repealed under the pretence of
amending it and whose endowment of Eleven thousand per annum tho’ secured
by a patent from the Crown, and guaranteed by the pledge of three Kings it has
seized and appropriated to itself— »Then if I understand it », said Sir Robert « the
« Government would have made a parallel case had they seized upon Trinity
« College, Dublin and not only destroyed its religious character but endowed with
« its property all the new Colleges »—Such I answered would have been a case
« exactly parallel— »If so » continued Sir Robert, « it would seem a case of singular
« injustice and oppression and what never could have taken place in England,—
« but I must be more fully satisfied on this point »—He then required me to send
him a copy of the Statute, and such other papers as I thought might elucidate the
subject and he promised to give them a careful perusal—

On my return to my Lodgings I sent the following Letter; and the Documents
required, and with the more alacrity, because Sir Robert got evidently interested
in the subject, as our conversation proceeded, and became more frank
and cordial inso much so that I felt that the reserve with which he met me at
first had altogether disappeared.—
10 June 1850.

« Sir,
I have the honor to enclose a copy of the Statute passed by the Provincial
Legislature in Canada by which the « Royal Charter is repealed and its endow-
« ment devoted to the support of a secular Institution from which religion is
« virtually excluded—
« I likewise add printed copies of Petitions to the Queen and the two Branches
« of the Imperial Parliament to which upwards of eleven thousand signatures are
« appended and a Copy of my Petition to the Legislature of Canada presented
« while the measure was in progress—
« I pray that God may bless your kind interference in our behalf so, that we
« may obtain a Royal Charter to enable Churchmen to educate their Children
« from their own means and in their own way—It is a small boon considering the
« hardship of our case and a simple matter of justce to which we are fully
« If unhappily refused it will add the element of religious discord to the
« many causes which already distract the Canadas

I have the honor to be
With great respect
Your much obliged Servt


The Rt Hon:

As I had no desire to take any steps offensive to the Government I had
abstained from getting my petition presented to the two Houses of Parliament
and felt disposed to withhold them altogether, if a Royal Charter were granted
us to secure more easily the property which we and our Friends had subscribed
and enable us to grant degrees; but finding from a letter from Earl Grey, Her
Majesty’s Principal Secretary of State for the Colonies, that there might be
difficulty in obtaining it, altho’ a Royal Charter had been granted to the
Members of the Kirk of Scotland in Canada I thought it right to solicit Sir
Robert Peel’s assistance and advice and accordingly addressed to him the
following Note with such additional Documents as this new obstacle seemed
to require.—

« 19 Bury Street, St James’s
15 June 1850.

In compliance with your wish I have the honor to enclose a Copy of our
petition to the Queen soliciting a Royal Charter for the establishment of a
Church University in Upper Canada and a Draft of the Charter we desired.—
It is little more than & transcript of the Charter of the late Kings College
with such alterations as may separate the Institution it seeks to establish from
any political influence whatsoever and enable it to proceed in its work of
religious and scientific instruction in security and peace—
Since I had the honor of calling on you I have received a letter from Earl
Grey announcing a condition to the granting of the Charter which if not
removed appears to me tantamount to a refusal
Perhaps you will permit me to shew you this letter, and add to the many
obligations I am under, the benefit of your advice.—

I have the honor to be,
with great respect,
Your most obliged Servant

The Right HonbIe

In a very few hours I received the following Note.—

« WHITEHALL June 15.

« Sir Robert Peel presents his Compliments to the Bishop of Toronto and
will see the Bishop at one o’clock on Tuesday morning— Sir Robert Peel would
have named an earlier appointment but he is obliged to leave Town for a
day or two » —
On Tuesday the eighteenth of June I was in attendance — Sir Robert met
me as an old acquaintance, and came forward and shook me cordially by the
hand — « I have read your papers which fully substantiate your statement —
 » It is a case of great hardship and injustice. But I think you have exercised
 » a wise discretion in not presenting your Petitions to the two Houses of
« Parliament and it no doubt will be duly appreciated at the Colonial Office
 » for acts of forbearance are seldom lost — And indeed as the Colonial Act
 » destroying Kings College and establishing the Toronto University in its stead,
 » has unfortunately been confirmed here, I do not well see what the Parliament
 » could ‘have done in the matter » — I said the presentation and consequent
publication of the petitions would have made our case generally known, and
thus at least have multiplied our friends and increased their disposition to
help us —  » Not perhaps so much as you imagine for there is no discussion on
 » petitions when presented and if they are specially called up the Prayer could
« not have been granted, and the Government might have been put to some
 » inconvenience; and would have naturally become less disposed to favor your
 » petition for a Royal Charter — At all events, as you seem inclined merely
 » to ask for a Royal Charter (without any other public assistance) to educate
 » your children from your own resources the request seems so just and reason-
 » able and your proceedings have been so quiet and moderate, that I do not
 » anticipate any serious objection. » —
I then shewed him Earl Grey’s letter to me of the 13th of June 1850 on the
subject of a new Royal Charter which he read over very carefully — I next
placed the answer which I had prepared to send to the Colonial Office in his
hands, which altho’ rather long, he likewise read slowly over, and after suggesting
the alteration of one or two passages he pronounced it a Document of
becoming dignity force and moderation — He then expressed a hope that
Lord Grey would not refer the question of granting or not granting the Charter
to the Authorities in Canada, who had done us so great injury, and made the
application necessary and added that to refer it would be little better than a
mockery — He felt that such reference would not be persisted in, that he would
speak to Mr Hawes on the subject, and if necessary to Earl Grey, who were
both honorable men and not disposed to adopt anything unreasonable or
unjust — He thought that the probable effect of such reference had not been
sufficiently considered or it would not have been entertained — I said that
granting a Charter was clearly within the Royal Prerogative, and would lose
much of its value if it could only be obtained at the request of our enemies —
that no such impediment has ever been allowed to intervene between the grace
of the Sovereign and other denominations in Upper Canada, and why it should
be permitted between the Queen and her own Church of which she is the head
and protector I was unable to conceive — Sir Robert added  » There may be
 » difficulties of « R hich we are not aware  »  » and if you continue to proceed with
 » moderation they will be more easily removed  »  » But what is your intention
 » should there be a prolonged delay « ? —I said the College would commence
as soon as I returned to Canada, whether we received a Royal Charter or not
for the education of our children could not be delayed —  » In this you are
 » right the Church must do her duty  » — Yet I continued delay was to be
legretted for as long as the College remained without a Charter it would be a
source of complaint and irritation among my people who would feel themselves
proscribed and in a state of persecution — My wish has been to smooth down
matters, and to rest satisfied with a Charter without asking anything farther,
or dwelling upon our injuries — But peace and tranquillity cannot be looked
for, if so small a gift is refused — Indeed to refuse it is the worst policy
imaginable for it will compel us to look with envy on our Neighbours in the
United States, where there is no instance of a Charter such as we pray for
having been refused — Instead of circumscribing their Colleges and Schools of
learning that acute people take delight in their multiplication, and so little
jealous are they in this respect that they have cherished all such Institutions
as had been founded by the Crown previous to the Revolution, and such have
received from the ruling powers ample protection after those powers had
become foreign to the British Empire — Thus the Colleges in the Colonies are
respected and preserved and their endowments not only held sacred, but largely
increased — Sir Robert smiled, and said  » I am not surprised at your warmth
 » for the case is very aggravated and perhaps it would be better to go at once
 » and state your case to Lord John Russell, who would I believe do what is
 » right but this we will consider should the Colonial Office fail you, you must
 » however be patient and hope the best; I shall do what I can because your
 » object is just, but I must again remind you that there is little in my power »—
I then told Sir Robert that the Duke of Wellington was favorable to our
proposed Church University and was about to transfer to it some valuable
property which His Grace possessed in Canada to found Scholarships. Sir
Robert expressed great pleasure at this communication, and when I took leave
he accompanied me to the door and shook hands and parted with great kindness.—
Not having heard from Sir Robert Peel I determined to leave my name at
his residence on Saint Peter’s day but after proceeding someway through the
park towards Whitehall I thought it might appear somewhat intrusive or
premature, and that it would be better to wait a few days longer; but alas!
on that very day the accident happened which terminated so fatally to ‘himself
and family, the Nation and the World.—


26th July 1850.

I have had the honor of receiving your Lordship’s letters of the 18th Ultimo,
and 20th instant on the subject of the Establishment by Royal Charter of an
University in Upper Canada exclusively connected with the Church of England.
I have in reply to inform Your Lordship that I have perused the draft
Charter enclosed in your first Letter, and I have also carefully considered the
suggestion by which it is accompanied, and that I regret to be under the necessity
of stating that it is impossible for me to come to any decision on the
application you have submitted to me without having had an opportunity of
ascertaining what may be the views of the Provincial Government upon it. I
will therefore transmit copies of your letters and of the draft Charter to the Earl
of Elgin, and I must postpone offering any advice to Her Majesty as to the grant
or refusal of the Charter, until I shall have received His Lordship’s report upon
the subject.
In stating to Your Lordship that such is the course which I feel it to be my
duty to take I beg to observe with reference to some of the statements contained
in your Memorandum of two interviews you had with the late Sir Robert Peel,
that in making the proposed reference to the Governor of the Colony, I am merely
acting in accordance with the rule which I have thought it right invariably to
adhere to since I have had the honor of holding the Seals of this Department (and
in which I believe I am following the practice of my predecessors in this Office)
to decline adopting, in consequence of applications addressed to me directly, any
important step affecting the internal interests of any of Her Majesty’s Colonial
Possessions without having had a previous opportunity of communicating on
the subject with the Governor of the Colony to which such application may
relate. Your Lordship is aware that if your application for a Royal Charter had
been addressed to me by letter from the Colony, the established regulations of the
Colonial Service would have required that it should have been forwarded to me,
through the Governor in order that he might have an opportunity of offering an
explanation of his views with regard to it, before any decision was come to by
Her Majesty’s Government — I conceive that the circumstance of Your Lordship
having come to this Country in order to bring the application before me
personally instead of by letter can make no difference in the obvious propriety of
enabling the Governor to call the attention of Her Majesty’s Government to any
considerations which may appear to him to require their attention before they
come to a decision on a subject of such deep importance to the people of Canada.
I cannot conclude this letter without expressing the great regret with which I
have observed an expression in the memorandum of your interview with Sir
Robert Peel, which might be understood as implying that you regard a reference of this question to the Governor General of Canada as a reference to  » your
enemies  » — Nothing I am persuaded can be more erroneous than such an idea,,
nor has there been anything in the conduct of the Earl of Elgin which seems to
me to justify the smallest doubt of his entertaining an earnest and conscientious
desire to act fairly and impartially towards every Christian Church in Canada,
and especially towards that of which he is himself a Member.
I shall postpone transmitting this correspondence to the Governor General
until I am informed whether there are any further observations on the subject
to which it relates, which you would desire to have brought under his notice.
I have &c
(Signed) GREY.
The Lord Bishop of Toronto
&c &c &c

LONDON 19 Bury Street
St James’s 27 July 1850

I have the honor to acknowledge your Lordships letter of the 26 inst. and
had not my attention been called to two words which occur in the narrative of
my interviews with the late Sir Rob* Peel I should have been content with
expressing my regret at the course which your Lordship has been pleased to
That lamented Statesman knew as well as I did that the words « our enemies »
do not include or apply to the Earl of Elgin, who is not believed to be clothed
with sufficient authority to interfere with effect under what is called responsible
In regard to applications made from a Colony to the Imperial Government
back to the Authorities of that Colony, it may be convenient as a general rule
when the subject matter is new, unknown or not well understood— But I
submit that the question of granting the Charter I desire is not exposed to
any of these objections— It has been acted upon in the case of the Kirk of
Scotland in Upper Canada, in that of the Methodist body who enjoy a Royal
Charter for an Academy.
I shall nevertheless hope against hope that the Colonial Authorities may
see the iniquity of refusing their assent to a measure so reasonable and just,
now that the responsibility is thrown wholly upon themselves
I have &c
(signed) JOHN TORONTO.

The Rt Hon:
&c &c &c.


1 Copy, G. 461, p. 481.

TORONTO 4th Feby 1851.

With reference to your Lordship’s Despatch N° 514 of the 29
July last, I have the honor to submit for your information the copy
a correspondence which has recently passed between the Provincial
Secretary & the Lord Bishop of Toronto on the subject of the pro-
posed establishment by Royal Charter of an University in Upper
Canada exclusively connected with the Church of England. Your
Lordship will perceive from the latter portion of the correspondence
that this Government is prepared to afford the Bishop all the aid
in its power towards procuring for the educational institution which
he desires to establish, a charter of Incorporation giving the usual
facilities for managing its property and affairs. With reference to
the more perfect charter sought by His Lordship the Government
apprehends that the multiplication of Colleges having authority to
grant degrees in Arts in this Province at the present stage of its
growth in wealth & population, is open to very serious objection.
The authority in question would not, it is believed, have been granted
to the denominational Colleges of Queens & Victoria which are
referred to by the Bishop, if the charter of Kings College had been
originally framed on a comprehensive principle, or if the provisions
of the Prov1 Act 7 Wm 4 Ch 18 under which that institution came into
operation had been carried out according to its true intent and meaning.
The Government still entertains the hope that the Members of
the Church as well as of the other denominations possessing incor-
porated Colleges— will be induced to participate in the advantages offered to students by the Toronto University, While therefore it would view with satisfaction the establishment of a College in connection
with the Church of England having authority to confer
degrees in Divinity, it would consider the grant of such a Charter
as the Lord Bishop has applied for premature, until it shall be shewn that this hope must be abandoned, and that the Members of the
church of England are generally at one not only as to the principles
of an exclusive University, but also as to the terms in which the Charter constituting it should be conceived— As regards the last
mentioned point, I beg to call your Lordships attention to the first
part of the enclosed correspondence, which has reference to an
application addressed to me by Honble Mr de Blaquiere for a copy
of the draft charter submitted to your Lordship by the Bishop. From
a further Correspondence between the Lord Bishop and Mr de Blaquiere,
which has been published in the newspapers, I infer that the
Bishop considers that the draft in question is still open to revision
and correction. If so I cannot but think that it is fortunate that
your Lordship declined to accede to the application for a charter which the Bishop pressed upon you while in England. For had it
once issued in terms of the Draft, its provisions could not have been
afterwards altered in any material point without giving rise to
questions touching interference with chartered rights akin to those
which have so grievously embittered the controversies that have taken
place at various periods with respect to the Amendment of the provisions
of the original Charter of Kings College. Under all the circumstances
of the Case I trust that Your Lordship will concur with
me in thinking that it is expedient that a decision in favor of the
Lord Bishop’s application should be, at least for a time, suspended.
2. It may be necessary before I close this Dispatch that I should
offer some remarks on the very serious charges which are advanced
against the Provincial Govt & Parliament in the correspondence which
your Lordship has transmitted to me. I approach the subject with
reluctance, for I should deeply regret it, if any thing were to fall from
me which was calculated to Keep up the asperity of feeling from
which the interests of education in Upper Canada have already so
cruelly suffered. I fear however that if I were to abstain from all
notice of these charges it might be supposed that I admitted theaccuracy
of the representations on which they are founded—
3. In the letter addressed by the Bishop to the Provincial Secretary
under date the 20th Jany of which the copy is herewith enclosed,
the Charges to which I refer are alluded to in the following words—
 » « With regard to any statements which are to be found in my corre-
 » spondence reflecting on the course taken by the Provincial Govern-
 » ment, and Parliament, with respect to the University of Toronto, I
« have only to observe that it would have been difficult for me to-
 » have expressed myself more strongly than I have felt, for it is my
 » sincere conviction that we should look in vain in the history of any
 » country governed by British Laws for an instance in which such an
 » entire disregard had been shewn for chartered rights as in the
 » destruction of King’s College & the appropriation of its property. »—
And again I find in the Report which His Lordship furnished to you
of a conversation which took place between himself & the late Sir
Robert Peel a paragraph which defines yet more accurately the views
which he entertains on this point., The Bishop there represents himself
to have said— » But the College or University of Toronto is
 » founded on the ruins of King’s College whose Royal Charter it has
 » repealed under the pretence of Amending it, and whose endowment
 » of Eleven thousand per annum though secured by a Patent from
« the Crown, and guaranteed by the pledge of three Kings, it has
 » seized and appropriated to itself. Then if I understand it said Sir
 » Robert, the Govt would have made a parallel case had they
« seized upon Trinity College, Dublin, and not only destroyed its
« religious character, but endowed with its property all the new
 » Colleges. Such, I answered, would have been a case exactly
parallel. » These representations seem to have produced as might
indeed have been Anticipated, very considerable effect. I have before
me an address in favor of the Church University signed by English
Noblemen & Gentlemen of high character and station in which the
epithet ‘anti Christian’ is applied to the University of Toronto—
Among the names appended to this address, are those of Statesmen
who, like the late Sir Robert Peel, promoted the establishment of the
Queen’s Colleges in Ireland. So severe a condemnation by such
authority of an effort made, within a smaller sphere indeed, but
against difficulties hardly less formidable, to establish a system of
United Education in a community long vexed by religious dissentions,
implies, it may be presumed, on the part of the subscribers a very
profound conviction that the means adopted for compassing the end
in view were in their nature immoral.
4. The accuracy of the parallel which the Bishop endeavors to
establish between the course which the Canadian Legislature has
pursued with reference to King’s College & a supposed confiscation
of the revenues of Trinity College Dublin for the benefit of the
Queen’s Colleges in Ireland will probably be best tested by a brief
review of the history of the former Institution. This history is unquestionably
in many of its parts, a sad one—It is a lamentable fact
that for a series of years the interests of Education in its higher
branches in Upper Canada should have been saorified to the exigencies
of a bitter sectarian warfare—I much doubt however whether impartial
persons with the circumstances of the case fully before them will
be disposed to place the whole blame upon the Provincial Govt and
5. The first movement made towards the establishment of an
University in Upper Canada was in 1797 when the Legislative Council
and assembly concurred in an address to the King  » imploring that
His Majesty would be graciously pleased to direct His Govt in this
 » Province to appropriate a certain portion of the waste lands of the
 » Crown as a fund for the establishment and support of a respectable
« grammar School in each District thereof; And also a College or
University for the instruction of youth in the different branches of liberal Knowledge. » A favorable answer was returned to this address
intimating that it was « His Majesty’s most gracious intention to
 » comply with the wishes of the Legislature of his Province of Upper
 » Canada « —and accordingly a large appropriation of vacant land
was shortly afterwards made for the purpose of the endowment. In
the Year 1807 District schools were established by the Legislature for the support of which a special grant was made as the lands so set
apart had not yet become productive. It is to be observed, however,
that true to the intention of the Address and Endowment these schools
were altogether unsectarian in their constitution—No practical step appears to have been taken for carrying out that part of the address
which had reference to a University until the year 1827, when Dr Straehan Archdeacon of York being in England obtained from Lord Bathurst a Royal Charter Establishing the University of King’s
6. The University constituted by this Charter was essentially a
church of England Institution. The Bishop was to be Visitor—the
Archdeacon of York President, and each Member of the College
Council, seven of whom were to be eventually professors, was re- quired to subscribe the 39 Articles—When its contents were made
known in the Province great indignation was excited which found a
vent in Addresses from the popular Branch of the Legislature and
public Meetings. It was urged that the representations on the faith
of which the Charter had been granted were erroneous—that its provisions
were unsuited to the State of the Province; and inconsistent < with the intentions of the endowment—The justice of these remonstrances seems to have been admitted with very little contestation— They found an echo in the House of Commons. The L* Gov1 was instructed by the Secretary of State to endeavour to obtain from the College Council a surrender of the Charter, and finally the local Parliament was invited by the same authority to amend it in terms which imposed no limits on its discretion—It was not however till 1837 that an Act passed for this purpose in which both branches of the Legislature concurred— 7. During the whole of this period the Charter, in so far as the object of Education was Concerned, was practically in abeyance. A considerable expenditure of funds took place which was the subject of much criticism at the time; but the University was not opened for instruction till the year 1843 when it wlas organized under the provisions of the Act of 1837. 8. By this Act the preferences which the Church of England enjoyed under the Royal Charter were altogether abolished. That it did not however in its operation give satisfaction to the Province is proved by the fact that between the Years 1843 and 1850, no less than four sweeping measures of amendment were introduced into Parliament,—two by Conservative and two by Liberal Administrations — Of these four measures that of 1849 alone passed into a law. 9. The main cause of this dissatisfaction was undoubtedly the attempt which was made, notwithstanding the tenor of the Act of 1837 to Keep up a connexion between the Church of England and the University in various ways & chiefly by the establishment of a Divinity Professorship and a chapel Service. Whether these measures furnished a reasonable ground for such dissatisfaction is a question on which I do not feel called to offer an opinion. The only point for which I now contend is, that the charge against the good faith of the Canadian Legislature which is insinuated in the parallel that has been instituted between a supposed confiscation of the property of Trinity College, Dublin, and the acts of the local Parlia* on the Subject of King’s College, cannot, on a fair construction of those acts, be made good. If, in this parallel, the special privileges conferred on the Church of England by Royal Charter be referred to, I have shewn that these privileges, which were never acquiesced in by the popular branch of the Legislature, were actually abolished with the consent of the Crown which granted them before the University as an Educational Institution came into operation. And if allusion be made to any supposed advantages secured for the Church of England by the arrangements of the University as established under the Act of 1837, enough has been said to prove that these advantages had no foundation in law, and that their withdrawal therefore, however inexpedient or uncalled for cannot be deemed a breach of faith on the part of the Legislature. 10. The relation subsisting between the popular branch of the local Legislature and the Crown was indeed so peculiar at a time when even its ministers in the Colony were wholly irresponsible to the Provincial Parliament, that it is difficult to establish for any practically useful purpose such analogies as that which I have been now discussing. It might however be contended with some shew at least of reason, that a closer parallel to the history of King’s College than that which has been imagined would in all probability have been furnished by the Queen’s Colleges in Ireland, if, after the assent of Parliament to their establishment & Endowment had been obtained, an exclusive character had been imparted to them by Royal Charter. 11. It is by no means my intention to Refer in these remarks to any strictures of which the Constitution of the University of Toronto may have been made the object on the ground of its containing no direct provision for instruction in religion. I am aware that there are persons whose opinions are deserving of respect, who hold that an Educational institution which labors under this defect is not only useless but positively mischievous, and they are undoubtedly entitled to employ language which expresses adequately the strength of their convictions. I can take it upon myself however to affirm, that the framers of this constitution while they have felt strongly the importance with a view to the moral and social interests of the Community of bringing the youth of this country together for instruction in the higher branches of Secular learning, and while experience has satisfied them that this object cannot be attained if denominational teaching be introduced into the University, most emphatically & earnestly repudiate the intention of thereby removing religion from its fitting place in the scheme of a perfect Education—on the contrary they have always hoped and believed that the zeal of the several denominations would induce them to provide schools or colleges in the vicinity of the University for the religious training of the youth of their respective communions. They entertain the conviction that a better security for the faith and morals of the students attending the University will be furnished by this means than could be supplied by the system lately in operation in Kings’ College. A system which, seeking to combine objects in their nature incompatible, offered in effect to the Members of one communion a scanty and imperfect measure of religious training, while it left the youth of other denominations, whom it equally professed to educate, in this respect wholly unprovided for. I have &c ELGIN & KINCARDINE 1 1 For the enclosure to this despatch see above pp. 800-803; 804-805. ELGIN TO GREY. 2 2 Copy, . 461, p. 496. TORONTO 4 Feby 1851. MY LORD, With reference to a communication which I lately received from your Lordship intimating that you had been apprized that petitions to Her Majesty & the two houses of the Imperial Parliat against any disturbance of the existing arrangement of the Canadian Clergy Reserves had been already sent to England from the Diocese of Toronto, and desiring me to furnish any information on this subject which I might possess, I have the honor to State that I have no knowledge of the Petitions in question. Soon after the adoption by the Legislative Assembly of the address to Her Majesty transmitted in my despatch N° 198 19 July 1850 a circular letter of which I herewith enclose a printed Copy appeared in a Provincial Newspaper addressed to the clergy of the Diocese of Toronto and signed by the Archdeacons in the absence of the Lord Bishop urging Members of the Church of England to petition against the prayer of that address. I am not however cognizant of any proceedings which may have taken place in pursuance of that recommendation. 2. An application was indeed lately made to me with the view of ascertaining whether it would be proper to transmit through me certain petitions to Her Majesty on the subject of the Clergy Reserves which, it was alleged were in course of preparation by congregations of the Presbyterian Church in Lower Canada in connection with the church of Scotland. This application was answered in the affirmative; but I have not yet received the petitions alluded to. I may observe however with reference to this point that the present position of the Presbyterian church in Canada greatly encreases the difficulty of maintaining intact the Settlement of the Clergy Reserve question effected by the Imperial Act 3 & 4 Vict: Ch: 78— By that Statute a certain proportion of the Proceeds of the Clergy Reserves was set apart for this body which was then United. Since the period of its enactment however, the Unhappy disruption of the Scotch Establishment has taken place, and a considerable Section of the Presbyterian Church in Canada by joining in the Secession has disqualified itself from sharing in this portion of the endowment. By this means the original intention of the Act has been to a certain extent frustrated. 3. Although, as the usual practice of transmitting such documents through the Govr Gen1 has in this case been departed from, I am unable to give any information respecting the Petitioners? I think it by no means improbable that Petitions against the Prayer of the address of the Legislature signed to the Extent which your Lordship describes, or even more numerously may have been sent from this Province. It is notorious that a large portion of the Clergy of the Church of England & of the Presbyterian Church in connection with the Church of Scotland are favorable to the maintenance of the Existing Settlement of the Clergy Reserve question. It would indeed argue a state of things in the Province much to be regretted if so highly estimable a body of person® were unable to induce a considerable number of the Laity to join them in a protest against a measure which they deem to be injurious— At the same time I think it would be rash to assume that a Petition of this kind is a surer test of public opinion than the Vote of the popular branch of the Provincial Legislature. I have &c ELGIN & KINCARDINE. ELGIN TO GREY 1 TORONTO 17 Feby 1851. MY LORD, I have the honor to enclose herewith the Copy of a further communication from the Lord Bishop of Toronto which the Provincial Secretary has received from His Lordship since I forwarded my Despatch N° 20, of the 4th Inst and of a Draft Charter which the Bishop desires to substitute for that which he placed in Your Lord- ship’s hands, & a copy of which was transmitted to me in Your Despatch N° 514 of the 29th July. 2. I do not find anything in this amended Charter to alter the views submitted in my Despatch of the 4th Instant. I have &c (Signed) ELGIN & KINCARDINE TORONTO 7. Feb. 1851. The Honble J LESLIE Secy. SIR, I have the honour to acknowledge Your letter of the 24 Ult°, and beg leave to convey my thanks to His Excy the Govr Geol for his kind consideration in Stating that he will be happy to afford such aid as it is in his power to bestow towards procuring for the University I desire to establish in connection with the Church of England, a Charter of incorporation, giving the usual facilities for managing its property and affairs— In regard to the more perfect charter I feel also under obligations to his Excellency for the measure of support he is pleased to tender. At the same time I should deeply lament the postponment of a boon to a future administration, which may be so gracefully bestowed by the present, and which though in itself a simple act of justice cannot fail to elicit the grateful acknowledgements of a large portion of the more respectable and influential inhabitants of the Province— a result of no small importance in the present state of things. I trust His Excellency will excuse my earnestness in this matter not only because there is reason to believe that the Charter we request would be readily granted by the Home Government should it meet with no impediment here; but still more especially because its attainment will remove a serious cause of dissatisfaction and essentially Secure what we heartily desire, the continued peace and tranquillity of the Colony. I take the liberty to request His Excy’s permission to withdraw the draft of the Charter which I laid before Earl Grey, and to substitute the enclosed draft in its stead— The alterations are not otherwise material than to meet the Probable division of the Diocese & to substitute the mode of conferring degrees adopted at Cambridge for that contained in the former Draft. They have been the result of mature deliberation, and the document as it now appears, has received the unanimous approbation of my people I have &c JOHN TORONTO Secys Office 17 Feby 1851. The Rt Revd The Ld Bishop of Toronto MY LORD, I have had the honour to receive and lay before His Excellency the Govr Gen1, Your Lordship’s letter of the 7th Inst covering a draft of a charter of Incorporation of the University which you desire to establish in connection with the Church of England. I am directed by His Excellency to inform you that he will in compliance with your Lordship’s request transmit the draft in question to Earl Grey, and at the same time communicate Your Lordship’s wish that it should be substituted for the draft of the Charter some time since submitted to Earl Grey by Your Lordship I have &c (S) J. LESLIE Secr DRAFT CHARTER. Victoria by the Grace of God of the United Kingdom of Great Britain & Ireland Queen Defender of the Faith and so forth. To all to whom these presents shall Come Greeting:— Whereas the establishment of a College within the Province of Canada in connection with the United Church of England and Ireland for the education of Youth in the doctrines and duties of the Christian Religion as inculcated by that Church and for their instruction in the Various branches of Science and literature which are taught in the Universities of this Kingdom would greatly conduce to the Welfare of our Said Province. And Whereas humble application hath been made to us by many of our loving Subjects in our said Province that we would be pleased to grant our Royal Charter for the more perfect establishment of a College therein & for incorporating the Members thereof for the purposes aforesaid. NOW KNOW Ye that we have taken the premises into our Royal Consideration and duly weighing the great utility and importance of such an institution have of our special grace certain Knowledge and mere motion ordained & granted and do by these presents for us our Heirs and successors ordain and grant that there shall be established at or near our city of Toronto in our said Province of Canada from time to time One College with the style and privileges of an University as hereinafter directed for the Education and instruction of youth and Students in Arts & Faculties to continue forever to be called « Trinity College ». And we do hereby declare and grant that our trusty and well beloved the Right Reverend Father in God John Bishop of the Diocese of Toronto or the Bishop for the time being of the Diocese in which the said City of Toronto may be situated shall be Visitor of the said College. And we do hereby declare that should there be any division or divisions of the said present Diocese of Toronto the Bishop or Bishops of such division or divisions shall be joint visitors of the said College with the Bishop of Toronto —provided that in the event of any equality of Votes the Senior Bishop according to the date of consecration have a second or casting vote. And we do hereby Grant and ordain that there Shall be a Chancellor of our said College to be chosen for the term of four Years but capable of re-election under such rules & regulations as the Visitor or Visitors and College Council may from time to time see fit to establish. And we do hereby declare, ordain & grant that there shall at all times be one Provost of our said College who shall be a Clergyman in Holy Orders of the United Church of England & Ireland and that there shall be such & so many Professors in different arts and faculties within our said College as from time to time shall be deemed necessary or expedient and as shall be appointed by the Visitor or Visitors of our said College with the advice of the College Council. Provided always that all such Professors shall before their admission into office Severally sign and subscribe the 39 Articles of Religion declared and set forth in the Book of Common Prayer and the three articles of the 36t]1 Canon— And we do hereby for us our Heirs and Successors will ordain & Grant that the said Chancellor and Provost and the said Professors of our said College and all persons who shall be duly matriculated into and admitted as scholars of our said College and their successors forever shall be one distinct and separate Body politic in deed and in name by the name and style of  » The  » Chancellor Provost & Scholars of Trinity College at Toronto in the Province  » of Canada « —and that by the same name they shall have perpetual succession and a Common Seal and that they and their successors shall from time to time have full power to alter renew or change such common seal at their will and pleasure and as shall be found convenient and that by the Same name they the said Chancellor Provost and scholars & their Successors from time to time and at all times hereafter shall be able and capable to have take receive purchase and acquire hold possess enjoy and maintain to and for the use of the said College any Messuages tenements lands & hereditaments of what Kind nature or quality Soever Situate and being within our said Province of Canada—so that the same do not exceed in yearly value fifteen thousand pounds sterling above all charges and moreover to take purchase acquire have hold enjoy receive possess and retain all or any goods chattels charitable or other contributions gifts legacies or benefactions whatsoever. And we do hereby declare and grant that the said Chancellor Provost and scholars and their successors by the same name shall and may be able capable in law to Sue and be sued implead and be impleaded answer or be answered in all or any court or Courts of record within our United Kingdom of great Britain and Ireland and our said Province of Canada and other our dominions and in all singular actions causes pleas suits matters and demands whatsoever of what nature or kind soever in as large ample and beneficial a manner and form as any other body Corporate and Politic or any other our liege Subjects being persons able and capable in Law may or can sue implead or answer or be sued impleaded or answered in any manner whatsoever. And we do hereby declare ordain and grant that there shall be within our said College or Corporation a Council to be called and Known by the name of  » The College Council » and we do will and ordain that the said Council shall consist of the Chancellor and Provost and of five of the Professors in Arts and Faculties of our said College and that such five Professors shall be members of the Established Church of England and Ireland and shall previously to their admission into the said College Council severally sign and subscribe the Thirty nine Articles of Religion as declared and set forth in the Book of Common prayer and the Three Articles of the 36th Canon and in case at any time there should not be within our said College five Professors of Arts and Faculties being members of the Established Church aforesaid then our will and pleasure is and we do hereby grant and ordain that the said College Council shall be filled up to the requisite number of five exclusive of the Chancellor and Provost for the time being by such persons being graduates of our said College and being members of the Established Church aforesaid as shall for that purpose be appointed by the Visitor or Visitors for the time being of our said College and which members of Council shall in like manner subscribe the 39 Articles of Religion and the 3 Articles of the 36th Canon aforesaid previously to their admission into the said College Council— And whereas it is necessary to make provision for the completion and filling up of the said Council at the first institution of our said College and previously to the appointment of any Professors or the confering of any degrees therein, now we do further ordain and declare that the Visitor or Visitors of our said College for the time being Shall upon or immediately after the first, institution thereof by warrant under his or their hand nominate and appoint five discreet and proper persons resident within our said Province of Canada to constitute jointly with the Chancellor and Provost for the time being the first or original Council of our said College which first or original members of the said Council shall in like manner respectively subscribe the 39 articles of Religion aforesaid previously to their admission into the said Council— And we do further declare and grant that the Members of the said College Council holding within our said College the Offices of Chancellor Provost or Professor in any Art or faculty shall respectively hold their seats in the said Council so long as they and each of them shall retain such their offices as aforesaid and no longer and that the members of the said Council not holding Offices in our said College shall from time to time vacate their seats in the said Council when and as soon as there shall be an adequate number of Professors in Our Said College being Members of the Established Church as aforesaid to fill up the said Council to the requisite number before mentioned. And we do hereby authorize and Empower the Visitor or Visitors for the time being of our said College to decide in each case what particular member of the said Council not holding any such Office as aforesaid shall vacate his seat in the said Council upon the admission of any new Member of Council holding any such office — And we do hereby declare and grant that the Chancellor for the time being of our said College shall preside at all meetings of the said College Council which he may deem it proper or convenient to attend, and that in his absence the Provost of our said College shall preside at all such meetings and that in the absence of the said Provost the Senior member of the said Council present at any such meeting shall preside thereat and that the Seniority of the Members of the said Council other than the Chancellor and Provost shall be regulated according to the date of their respective appointments provided always that the members of the said Council being Professors in our said College shall in the said Council take precedence over and be considered as Seniors to the Members there- of not being Professors in our said college. And we do ordain and declare that no meeting of the said Council shall be or be held to be a Lawful meeting thereof unless four Members at the least be present during the whole of every such meeting And that all questions and resolutions proposed for the decision of the said College Council shall be determined by the Majority of the votes of the Members of Council present including the Vote of the Presiding Member and that in the event of an equal division of such Votes the Member presiding at any such meeting shall give an additional or casting Vote. And we do further declare that if any Member of the said Council shall die or resign his seat in the said Council or shall be suspended or removed from the same or shall by reason of any bodily or mental infirmity or by reason of his absence from the said Province become incapable for three Calendar Months or upwards of attending the meetings of the said Council then and in every such case a fit and proper person shall be appointed by the said visitor or visitors with advice of the College Council to act as and be a member of the said Council in the place and stead of the member so dying or resigning or so suspended or removed or in- capacitated as aforesaid and such new member succeeding to any member so suspended or incapacitated shall vacate such his office on the removal of any such suspension or at the termination of any such incapacity as aforesaid of his immediate predecessor in the said Council. And we do further ordain and grant that it shall and may be competent to and for the Visitor or Visitors for the time being of our Said College to suspend from his seat in the said Council any member thereof for any just & reasonable cause to the said visitor or visitors appearing— provided that the grounds of every such suspension shall be entered and recorded at length by the said Visitor or Visitors in the Books of the said Council and Signed by him or them. And every person so suspended shall thereupon cease to be a Member of the said Council unless and until he shall be restored to and re-established in such his station therein by any order to be made in the premises by the said Visitor or Visitors of our Said College. And we do further declare that any member of the said Council who without sufficient cause to be allowed by the said Visitor or Visitors by an order entered for that purpose in the Books of the said Council shall absent himself from all the meetings thereof which may be held within any six successive Calendar Months shall thereupon vacate such his seat in the said Council. And we do by these presents for us our heirs and Successors will ordain & grant that the said Council of our said College shall have power and authority to frame and make statutes rules & ordinances touching and concerning the Good Government of the said College the performance of divine Service therein the Studies lectures exercises degrees in Arts and faculties and all matters regarding the same the residence and duties of the Provost of our said College the number residence & duties of the Professors thereof the management of the Revenues & property of our said College the salaries stipends provisions & Emoluments of and for the Provost Professors Scholars Officers & servants thereof the number and duties of such officers and Servants and also touching and concerning any other Matter or thing which to them shall seem good fit or useful for the well being & advancement of our said College and agreeable to this our charter— And also from time to time by any new Statutes Rules or Ordinances to revoke renew augment or alter all every or any of the said statutes Rules and ordinances as to them shall seem meet and expedient provided always that the said statutes rules & ordinances or any of them shall not be repugnant to the laws and statutes of the United Kingdoms of great Britain and Ireland or of our said Province of Canada or to this our Charter — Provided also that the said Statutes Rules and ordinances shall be subject to the approbation of the said Visitor or Visitors of our said College for the time being, and shall be forthwith transmitted to the said Visitor or Visitors for that purpose, and that in case the said Visitor or Visitors shall in writing signify his or their disapprobation thereof within Six Months of the time of their being so made and framed, the same or such part thereof as shall be so disapproved of by the Said Visitor or Visitors shall from the time of such disapprobation being made Known to the said College Council be utterly Void and of no effect but otherwise shall be & remain in full force and virtue. And we do further ordain and declare that no Statute rule or ordinance shall be framed or made by the said College Council touching the Matters Aforesaid or any of them excepting only such as shall be proposed for the Consideration of the said Council by the Chancellor for the time being of our said College. And we do require and enjoin the said Chancellor thereof to Consult with the said Provost of our said College and the next Senior Member of the said College Council respecting all statutes rules & ordinances to be proposed by him to the said Council for their Consideration. And we do hereby for us our Heirs & Successors Charge and Command that the Statutes rules and Ordinances aforesaid subject to the said Provisions shall be strictly and inviolably observed Kept and performed from time to time in full vigor and effect under the penalties to be thereby or therein imposed or Contained. And we do further will ordain and grant that the said College shall be deemed and taken to be an University and shall have and enjoy all such and the like privileges as are enjoyed by our Universities of our United Kingdom of great Britain and Ireland as far as the same are capable of being had or enjoyed by virtue of these our Letters Patent— And that the Students in the said College shall have liberty and faculty of taking the degrees of Bachelor Master and Doctor in the several arts and faculties at the Appointed times, and shall have liberty within themselves of performing all scholastic exercises for the conferring such degrees in such manner as shall be directed by the Statutes rules and ordinances of the said College. And we do further will ordain and appoint that no religious test or qualifications shall be required of or appointed for any person admitted or matriculated as scholars within our said College provided nevertheless that all persons admitted within our said College to any degree in any Art or faculty therein shall make such and the same declarations and subscriptions and take such and the same Oaths as are at present required of persons admitted to any degree in our University of Cambridge. And we do further will direct and ordain that the Chancellor Provost & Professors of our said College and all persons admitted therein to the degree of Master of Arts or to any Degree in Divinity Law or Medicine and who from the time of such their admission to such Degree shall pay the annual sum of Twenty Shillings Sterling Money for and towards the support and maintenance of the said College shall be and be deemed taken and reputed to be members of the convocation of the said University and as such Members of the said Convocation shall have exercise and enjoy all such and the like privileges as are enjoyed by the members of the Convocation of our University of Oxford so far as the same are capable of being had and enjoyed by Virtue of these our Letters Patent and consistently with the Provisions thereof. And we will and by these Presents for us our heirs and successors do grant and declare that these our letters Patent or the Enrolment or exemplification thereof shall and may be good firm valid sufficient and effectual in the Law according to the true intent and meaning of the same and shall be taken construed and adjudged in the Most favorable and beneficial sense or to the best advantage of the Said Chancellor Provost and scholars of our Said College as well in our Courts of Record as elsewhere, and by all and singular Judges Justices Officers Ministers and other subjects whatsoever of us our heirs and successors any mis-recital non-recital omission imperfection defect matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding. In witness whereof we have caused these our letters to be made Patent Witness ourself at Westminster By writ of Privy Seal Signed APPENDIX XXV1 GREY TO HEAD2 1 See above, p. 722. 2 New Brunswick, Despatches Received, vol. 30. DOWNING STREET 11th December 1849. SIR, I have to acknowledge your Despatch, N° 38, of 10th April last, enclosing an Address to Her Majesty, presented to you by a Committee of the Assembly on behalf of the House, the prayer of which is, that Her Majesty will direct the Instructions given to Lieutenant Governor Sir William Colebrooke, in my Despatch of 2nd March 1848 may be reconsidered, so far as regards the proposal of a bounty on the Cultivation of hemp. 2. You will acquaint the Assembly, that I have laid their Address before The Queen and that Her Majesty was pleased to receive it very graciously: but you will also inform them, that after having given the fullest consideration to the subject, Her Majesty’s Servants do not feel themselves able to advise the Queen to comply with the prayer of the Address. 3. Parliament has for many years steadily persevered’ in a course of policy which has had for its object gradually to relieve the Commerce of the Empire from restrictions, and to abandon all attempts to direct Capital and Industry by Artificial means into Channels which they would not naturally seek. In pursuance of this policy, laws enacting such restrictions, and imposing high duties upon imports, have been successively repealed, and bounties, which were formerly granted to some extent in this Country, have been gradually discontinued, until the Trade of the Empire may now be said to stand on the footing of being nearly free from such interference. 4. The benefits which are expected to arise from this policy will be greatly increased through its general adoption by the principal Nations of the World, which Her Majesty’s Government hope to see eventually brought about. But it would materially interfere with the attainment of this happy result, if it should be observed by Foreign Countries, that the former and narrower Policy of endeavouring by bounties or restrictions to divert capital and Industry to other than their natural Channels, was again adopted with Her Majesty’s Assent in any part of Her Dominions. 5. I cannot therefore alter the Instructions given to your Predecessor, and thus authorize you to assent, in Her Majesty’s Name, to enactments which would be prejudicial to the interest of the Empire at large. 6. Her Majesty’s Government have felt it the more necessary to come to this determination, because they are persuaded that measures of the kind thus proposed, injurious as they would be to the Empire for the reasons already assigned would be peculiarly so to New Brunswick itself. Indeed, one of the grounds assigned by the Assembly in favour of the policy whkh they recommend, seems to afford strong reasons against it. They state that in a New Colony, where Capital is scarce, and the resources of the Country comparatively little developed, the granting of bounties may be not only consistent with good policy, but, in many instances, necessary. But this Argument appears to lose sight of the principle that the scarcer Capital may be, the more necessary it is that it should be applied to the best advantage. The effect and, indeed, the object of bounties is, to cause Capital to be employed in pursuits which, without the assistance of such bounties, would not offer sufficient Returns to induce Individuals to follow them: while it is obvious, that no Capital can be devoted in any Country to new branches of Industry, unless it be withdrawn from old ones: and, consequently the effect of the bounty would be to induce individuals to give up some business, naturally remunerative, in order to embark in some other in which they would have a bounty in addition to the natural and legitimate return. And this bounty would, of course be derived from the Taxes levied on the general industry of the Colony. 7. I trust that the Assembly will, on further reflection, perceive how little such a result would tend to the real advantage of the Province. I have the honour to be Sir, Your most Obedient Humble Servant GREY Lieut Governor Sir Edmund Head Bart. &c &c &c Recd Decr 30 Copy for Legislature Copied for the Legislature Jany 19. 1850 APPENDIX XXVI1 CANADIAN CURRENCY ACT. ELGIN TO GREY. 2 1 See above p . 723. 2 Copy, G. 461, p. 437. TORONTO 16. Augt 1850— MY LORD, I have the honor to transmit herewith the copy of an act passed during the last Session of the Provincial Parliament to amend the Currency Act of this Province with a Minute of the Executive Council thereupon. The latter Document explains the objects which the Legislature had in view in this act and I venture to request for it your Lordship’s favorable consideration, as the subject is one which, materially affects the trading interests of the Province. I have &c ELGIN & KINCARDINE [The Minute of Council, 14 August, 1850, was drawn after the con- sideration of the following Extract of a despatch from Head to Grey, 30 March 1850:—] EXTRACT The Provincial Act 7 Vicl^c. 29 amended in part the Provincial Acts 26 Geo Hi. 16 and the 58 Geo 3. c 23. The last of these which passed in 1818 fixed the Value of the Sovereign at 22/3 Curry and the value of the Crown at 5/6, whilst the American Eagle of 10 Dollars was fixed at 509/—Currency, and the dollar at 5/—Currency. The 7th of Victoria c 29. left the Eagle and dollar at their respective values of 50/—and 5/—currrency, but raised the nominal value of the Sovereign to £1.4.0 Currency, and that of the Crown to 6s/—Currency. The present Bill, by an amendement made in the Legislative Council, proposes to raise the nominal value of the Sovereign to £1.4.4 Currency—Experience having shewn that the present rate is too low in proportion to the Eagle. Sovereigns may be passed in the Country here, I am told for £1. 4. 6 but from the higher legal value attached to the Eagle, that coin & the half Eagle form our principal gold currency. So far as it goes, I believe, the proposition to leave the Eagle at £2. 10. 0 Currency and raise the Sovereign to £1. 4. 4 Currency would very nearly place these coins on their relative footing of value: how far it would correspond with the true metallic Value of Either is another question. According to the treatise on the Currency of the English Colonies published for Her Majesty’s Stationery Office in 1848 it appears that the Sovereign contains 113 grains of pure gold—The American Eagle in 1820 contained 247 1/2 grains of pure gold, but in 1834 by a new regulation of the United States Mint, the Eagle was lowered to 232 2/10 grains. When the value of the American Eagle therefore was first fixed in this Province at 50/—it was intrinsically worth more than it was when the 7 Vict, c 29 was passed, and than it is now. Foreign Gold Coins are made legal tender in the United States at a rate higher than that warranted by their true metallic value. Thus the Sovereign of full weight is rated at $4.87c. 5m, and this is complained of by Mr Patterson the director of the United States Mint. In 1843 the Legislature of this Colony passed an Act fixing the following rates of value for the various current Coins:— Currency English Sovereign £1. 4. 2 French Crown 5. 6 English Crown 6. 0 1/2 Dollar 5. 0 American Eagle 2. 10. 0 This Act was not allowed by Her Majesty on the ground that the Values of the Several Coins were not accurately adjusted, but ought to have been as follows:— Currency Sovereign £1. 4. 0 English Crown 6. 0 Eagle 2. 9. 3 The Act of 7 Vict: c 29 was passed in the following year, retain- ing the Eagle at £2. 10. 0 but not altering the Sovereign from £1. 4. 0. It follows as has been stated in the Work referred to above that the eagle is now overvalued with reference to the Sovereign by about 1 1/2 per cent. When we take into account the fact already stated that Sovereigns are overvalued in the States, it is not surprising that they cannot be retained in circulation here. The present Bill would, as I have said almost remove this disproportion between the Sovereign and the Eagle, but it must be observed that there are two ways of doing it. 1st By raising the value of the Sovereign as now proposed— 2nd By lowering the value of the Eagle. The only safe principle to go upon in altering the legal rate at which coins are current seems to be a reference to their real value in pure metal. Now, I apprehend if this principle were acted on, the Eagle ought to be lowered rather than the Sovereign raised; but there is another inconvenience involved in the scheme now proposed, which is, that whilst the English Sovereign is to pass for £1. 4. 4 Currency, the English Grown is to pass for 6/—Currency, although it professes to be the fourth part of the 20s/—which constitute the Sovereign or pound Sterling. This Anomaly was avoided in the Bill of 1843 by putting the Sovereign at £1. 4. 2 and the Crown at 6s/0 1/2d Currency. Some difficulty arises from the attempt to make Gold and Silver both legal tenders to any amount, when the English silver currency is a token, and the American dollar is essentially the basis of our currency here. I doubt my own competency to advise the Government on so difficult and complicated a matter.—This present bill as it stands would, I think do no harm but it is for your Lordship to say whether you think it affords a satisfactory solution of the question. In my own opinion the difficulty lies much deeper, and the subject requires to be dealt with in these North American Colonies on a larger and more comprehensive plan, with reference to their general interests.—No good reason can be given why the currencies of Nova Scotia, Canada New Brunswick and Newfoundland should be different each from the other, causing endless complexity and difficulty in all commercial and Monetary transactions. The supposed basis of all these is, of course, the dollar, and the only scheme which can, I believe, adjust them all on reasonable principles would be the issue of a dollar coinage common to all the British North American Colonies, in which the dollar of five shillings currency should correspond as nearly as may be in weight and purity with the dollar of the United States, but should in no case exceed it in Metallic value. If such a dollar were continued as the basis on which the currency rested it would be easy to adjust the various gold coins current through out the Colonies with reference to their true Metallic worth— The only safeguard in dealing with such questions. To substitute Sterling for currency as proposed in the treatise on the currency of the British Colonies would be unpopular here, would be disliked by commercial Men in some ways and would involve difficult questions arising out of the low standard of British Silver relatively to British Gold. I do not know how far such a dollar as I propose might be made to meet the wants of other Colonies such as Malta and parts of the West Indies And I am of opinion that important commercial and political objects would be directly and indirectly promoted by such a coinage in British North America— A common system of postage, and an absence of restrictions in intercolonial trade promise to bind these Colonies more closely together than has hitherto been done— Free commercial intercourse makes identity of currency most important, and the circulation of a coin bearing Her Majesty’s impress through the hands of all Her Subjects here would not be without its effect in producing a sense of sameness of interests with one another, whilst it would constantly recall the fact that they form part of one great whole. It is to be observed also that such a coinage as I have described might readily be made the foundation of a complete decimal system — If the Colonial dollar were made a legal tender for 50 pence sterling then a gold coin somewhat smaller than a half sovereign equal to 100 pence, or two dollars, might be introduced under a distinct name such as a ‘Ducat or a Royal’. The penny Sterling would be the 100th part of the ducat— The 10th of that in silver would be equivalent as near as may be to the present shilling currency and to 10″ Sterling. Accounts kept in ducats & pence would be turned into sterling by reduction into pence: the dollar or half ducat would be equal to the American dollar. The transfer into the old currency would be equally easy as the dollar would still represent 5/0 currency. The only change of any importance would be that the « shilling » or ^yth of the « ducat » would contain 10 pence sterling instead of 12 pence currency— I know that associations would be difficult to break through and that a long time might elapse before the notion of a shilling containing 10a became familiar to people’s minds. I do not know whether it is worth while to advert to the relation which such a dollar as I have described would have to the French five franc piece but it appears possible, as I have said, that a dollar of this description might be applicable to some of the West India Islands and to our Colonies in the Mediterranean— The five franc piece has in the United States a legal value of 93 cents— The relation to British Silver is deranged by the low standard of the English silver currency—a shilling English is worth in pure Metal about Franc 1 16, whereas in its capacity of 1/20th of the Sovereign it ought to be equal to Franc 1.26. I think however that it would be desirable to coin any dollars for these colonies with a trifling seignorage of 2 grains or 2 1/4 from the Standard of the United States— The worth of the U.S. dollar in pure silver is 3711/4 grains: a seignorage of 2 1/4 grains would deduct nearly 1/3d of a penny from its Metallic value and would probably be sufficient to prevent the efflux of Colonial dollars to the United States as bullion whilst it would not be enough to lower their worth in the ordinary transactions of business— The various kinds of dollars already current in America vary much more considerably one from another. [Endorsed] Sir EDMUND HEAD to EARL GREY. 30th March 1850 on the Currency Govt House , Toronto 12 June 1850 Referred to the Executive Council. By Command R. BRUCE Govy Secy. Recd 12 June J . J. MINUTE OF COUNCIL 14 AUGUST 18501 1 Canada State Book K, p. 406. ON THE DESPATCH FROM SIR EDMUND HEAD TO EARL GREY ON THE SUBJECT OF THE CURRENCY. The Committee of the Executive Council have had under consideration on Your Excellency’s reference an Extract of a Despatch from Sir Edmund Head to Earl Grey, dated 30th March last, on the Subject of the Currency, and in connection therewith the Act lately passed by the Canadian Legislature to amend the Currency Act of this .Province. The Committee of Council concur in the Opinion expressed by Sir Edmund Head that it is extremely desirable that there Should be an uniform currency throughout British North America especially as there is a prospect of an extensive intercolonial trade between the Several Provinces, and likewise a Common System of Postage. The Committee of Council entertain no doubt that it would tend much to facilitate the growing commercial intercourse between the Provinces and the neighbouring States of the American Union if the Currency were Assimilated as much as possible to that of the United States. In the United States there are two Standards of value of gold and Silver, but owing to the Slight appreciation of the gold Eagle as Compared with the Silver Dollar, the latter coin usually Commands a premium in the Market and the former May be Considered as the standard practically. The value in Halifax Currency of the British Sovereign was fixed by the Act 4 & 5 Vic. cap. 93 at £1.4.4 which is as near as possible its value as compared with the half Eagle of the United States. By the above mentioned Act the Value of the Silver Dollar was fixed at 5/1- Currency, the object having been to secure a Silver Standard in Canada which was at the time considered preferable to a gold one. The effect, however, has been to depreciate the Canadian paper currency as compared with that of the United States, and thus to prevent Canadian Bank Notes from passing at par along the extensive frontier of the United States. A general demand to equalize the Currency induced the Canadian Government to recommend the Currency Act lately passed to Parliament, and it was carried through both Houses without opposition. The Committee of Council are now called upon to advise Your Excellency to take Steps to give effect to its provisions. It will be observed that the Governor in Council is authorized to take Steps to procure the Coinage of certain gold and Silver Coins More particularly Specified in the Currency Act, a Copy of which accompanies this Report. The Committee of Council trust that facilities will be extended by Her Majesty’s Mint for the proposed Coinage. And they respectfully recommend that Your Excellency Should communicate on the Subject with Her Majesty’s Principal Secretary of State for the Colonies. As with regard to the proposed Silver Coins, it is provided that their intrinsic Value shall bear to their Nominal Value the Same proportion as the British Silver Coins do, a considerable Seignorage can be obtained. The Committee of Council are of Opinion that Silver Coins Should be Struck of the Value of 3d Currency, 6d Currency, 1/. Currency and 2/6 Currency. These Coins would be the 1/20th, 1/10th 1/5th & 1/2 of the Dollar respectively,— And for the present the Committee of Council are of Opinion that these Silver Coins would be Sufficient. With regard to the gold coins the Committee of Council are of opinion that two would be Sufficient, either five dollar, and half five dollar pieces, or four dollar and half four dollar pieces.—These coins Should be equal in value to the half eagle of the United States, and its parts, or proportionate to Such value. Under the late Act of the Parliament of New-Brunswick the Value in Currency of the Sovereign has been fixed at £1.4-4, which is the Same value attached to it in Canada. And the provision in the Act is that the proposed gold Coins whether of the value of £1. 5. 0,—£1.0.0,-12/6 or 10/. Currency Shall be of the Same intrinsic value as Compared with the Sovereign as the Sums for which they pass Shall bear to £1. 4.4 Currency. The Committee of Council are respectfully of Opinion that Communications Should take place between Your Excellency and the Lieutenant Governors of the Sister Provinces, with the view of obtaining the Cooperation of the respective Governments in Carrying the Scheme of a British American Coinage into execution. GREY TO ELGIN1 1 Copy. G. 452, p. 279. DOWNING STEEET 9 April 1851. The EARL OF ELGIN MY LORD, I transmit to your Lordship with this Despatch a communication which I have received from the Lords Commissioners of the Treasury on the subject of the Canada Act N° 779 of 1850 entitled  » An Act to amend the Currency Act of this Province. » 2. For the reasons fully stated in the letter of their Lordships I have cometo the conclusion that it will be necessary to advise Her Majesty to disallow this Act. 3. The inconveniences of establishing a Currency which shall be peculiar to Canada are so many and so obvious, that it is unnecessary for me to do more than refer generally to the subject. It would therefore give me great satisfaction to be instrumental towards the attainment of an object of so much general interest and advantage as the establishment of one general and uniform system for all the Provinces of British North America. 4. I can suggest no measure more likely to be conducive to the accomplishment of this end, than that the several Legislatures should pass Acts appointing. Commissioners to meet together at tfche Seat of Government for Canada, for the purpose of framing general regulations constituting an uniform Currency for all the Provinces. 5. These Acts might contain provisions giving such regulations prospectively the force of law in the several Provinces (if adopted with the common consent of all the Commissioners) so soon as they should have been confirmed by Her Majesty in Council. 6. The basis of these Regulations would be matter for further consideration; but in my own opinion the best arrangement would be to adopt the British Currency as the Standard, converting all existing claims and engagements in Colonial Currency into their equivalent in British Currency, and making the latter in future the standard, with a provision that payments might be made in foreign Coins at rates determined from time to time by their actual value in the market periodically announced in the Gazette in the same manner as the averages of Corn are in this Country. 7. I have furnished the Lieutenant Governor of New Brunswick with a Copy of this Despatch with reference to an Act of that Province to which it has been necessary for similar reasons to withhold Her Majesty’s Confirmation. I am &c (signed) GREY Treasury Chambers 20th Feby 1851, H. MERIVALE Esqre Sir I am commanded by the Lords Comers of H. M. Treasury to acquaint you for the information of Earl Grey with reference to your letter of the 8th Decr last that my Lords have had under their attentive consideration the Despatch therein enclosed from the Governor General of Canada, with the Memorandum accompanying it, by the Inspector General of the Province, on the question of disallowing the Canada Currency Act as suggested in the letter of this Board of the 24th Octr last. I am desired to state that the opinion expressed in that letter was founded on considerations, not lightly adopted both of constitutional Law and general policy, and my Lords do not find in the arguments advanced by Mr Hincks sufficient reasons for altering the view which they took of this matter, and impressed as they are with the desirableness of abstaining as far as possible from interfering with measures of a local character adopted by the Canadian Legislature they still feel that the course which they then suggested, is the one which it is proper and right to follow. The objection most prominently put forward by their Lordships against the Act in question was founded on those clauses which by conferring on the Governor General the assumed right of coining money, involved an interference with the prorogative of the Crown; but they disapproved of the Act also on other grounds. That objection, however, has a deeper import and a wider bearing than the Inspector Genl from the tenor of his remarks and the nature of his recommendations, appears to be aware of; and the very circumstance of an Act of this nature having been passed by the Parliament of Canada unanimously and with little discussion, shews that, although the Inspector General does not question the abstract rights of the Crown in this respect, the policy of maintaining them is not understood in the Colony, or at any rate has not been duly considered. My Lords therefore think it desirable to bring under the notice of the Canadian Government through the Secretary of State the grounds upon which this prerogative rests. In Vattel’s Law of Nations it is laid down that « the public faith being « surety for the money, the Sovereign alone has the right to have it coined. For « this reason the right of coining is placed among the Prerogatives of Majesty ». The Writer proceeds to cite examples with regard to the delegation of this power, from which it may be inferred that « the King could not grant that « privilege, it being inseperable from the Crown ». It would hence appear that the Sovereign holds the power as an inalienable prerogative, for the benefit of the State and subject to its Laws. The foundation of the prerogative was to enable the Sovereign to maintain the faith of contracts between all classes of the subjects; and it is essential to the exercise of this power that it should be maintained in the person of the Sovereign or ruling power of the State, as an alteration of the Currency in one part of the Territory would necessarily affect, not only the inhabitants of that District, but all other subjects who have contracts with them. The delegation to local authorities of the right to alter the Standard, or to issue new Coins would disable the Queen from effecting the objects for which the prerogative exists. My Lords therefore think it incumbent on H. M. Govt to maintain this prerogative of the Crown unimpaired, and they are of opinion that a local Act assented to by the Governor General without authority, and assuming to confer upon him this attribute of the Sovereign, ought not to be allowed to remain on the Statute Books of the Provincial Legislature. The objection to that clause of the Act which assigns new rates to the Dollar &c stands upon a somewhat different footing because it confers no new powers on the Governor General, and merely revises the rates at which foreign Coins pass current by the same authority (namely, an Act of the Provincial Legislature) as that which establishes the rates already existing. There is however this great distinction between the course followed on the present and on the former occasion, that whereas the Canada Act 4 and 5 Vic: Cap 35 was framed in accordance with previous instructions from H M Govt and was reserved for the special confirmation of Her Majesty in Council, the Act now under consideration has been passed without previous communication with H. M. Govet and has not been reserved for Her Majesty’s sanction. No reason is assigned for this deviation from the usual and prescribed course of proceeding in the case of Bills of this description, but the Inspector General contends for the principle of allowing the Provincial Legislature the power of regulating the Currency of the Province without special reference to Her Majesty’s Government. My Lords feel it right to observe, with reference to this Claim, that the power of giving Currency to coins cannot be separated from the prerogative of Coining for the Sovereign who coins Money assigns the nominal rate at which it shall pass current, and the admission of foreign Coins into circulation at rates conflicting with those assigned to Current Coins of the realm would interfere with the exercise of this right. Hence the right of legitimatizing foreign Coins making it current is included by Judge Blackstone in the prerogative of the Grown relating to the Coinage. Her Majesty’s Government have upon these grounds been careful of late years to reserve within the control of the Crown all proceedings of Colonial Legislatures relating to the Currency, and the instructions to Governors expressly apprize them that they are not empowered to pass any law without authority of H. M. Govt whereby an alteration may be made in the circulating medium of the Colony. My Lords do not consider that they can upon any constitutional principle abandon that control which has heretofore been exercised over the proceedings of Colonial Legislatures relating to the Currency, and they feel that they are bound to require that any bills which may pass the Parliament of Canada, on such subjects, may, as formerly, be reserved for the signification of Her Majesty’s pleasure thereon— Lord Grey will observe that the objections entertained by this Board against the Act in question are twofold— Vizt First, on account of the clauses which would confer upon the Governor General the right of Coining, a, prerogative reserved by Constitutional Law in the person of the Sovereign— and Secondly, on account of the clause for altering the current rates of certain foreign Coins, as being irregularly enacted and as coming into operation without the previous consent of Her Majesty in Council, and thereby interfering with the due control of Her Majesty over arrangements affecting the same prerogative. My Lords would much regret if any embarrassment should be occasioned to the Canadian Government or Legislature by the adoption of this decision, more especially as if any such should arise, it would they fear be aggravated by the circumstance of the Act having been allowed to come into operation on the 1st of January, owing to a disinclination to act upon the view of this board regarding the disallowance of the Act, without first consulting the local Government: but it does not appear to their Lordships that any practical difficulty or inconvenience in regard to the monetary concerns of the province can arise from disallowing the Act, since the Law as it existed previous to the passing of the recent Act, gives the Banks the option of forming their reserves of any of the Current Coins whether Gold or silver; and the proceeding, which they are said to have taken, of remitting the Silver Dollars which they had in their Chests to this Country and substituting for them Gold Coins of the United States, was perfectly open to them under the provisions of that Law. The disallowance of the Act will not therefore, as the Inspector General supposes, affect at all the proceedings of the Banks in this respect, which are in perfect accordance with the provisions of the existing Law, or render it necessary for them to revert to their former practice of holding their reserves solely in silver Coin. I am at the same time to observe that although for the reasons above assigned my Lords have thought it necessary to recommend that the Act should be disallowed, they would have felt great reluctance in suggesting this course, If the expediency of the regulations proposed to be established had appeared to them to be free from doubt, & if the maintenance of the control of H M Govt over proceedings affecting the Currency of the Colonies did not involve grave questions of policy; no less than of constitutional principle. The History of the Currency of the British Colonies affords ample evidence of the necessity for the exercise of the controlling power of the State. All the anomalies which have arisen in past times and the difficulties which in some cases still remain to be adjusted, may be traced to the ill considered and partial proceedings adopted in the Colonies, in the absence of systematic and judicious superintendence on the part of the Home Govt It was not until the inconvenience arising from the conflicting and arbitrary valuations assigned to the Coins in circulation in the different possessions of the Crown became so pressing as to require at all hands a remedy for the evil that the Govt undertook the settlement of the question upon sound & general principles. With this object it was essential that they should take the superintendence of it into their own hands and assert the power, for the advantage of the Colonies themselves, which is vested in the Sovereign by Royal Prerogative for regulating the circulation. The beneficial effects of this superintendence must be apparent when the confusion which existed previously to the adoption of the measures of 1838 is compared with the present state of the Currency in most of Her Majesty’s Colonies. The character of the Legislation recently proposed in more than one Colony leads this Board to apprehend, that past experience would be of little avail, if the Colonial Assemblies were left to legislate on these subjects without control, & that those bodies would still be governed by partial and restricted views instead of broad & general principles. But if control is to be maintained it is obvious that it can be exerted with greater efficiency as well as convenience in anticipation of legislative provision, rather than by correcting measures after they have been passed. The difficulty of dealing with questions of this description would be greatly augmented if local Acts are to come into operation and assume the force of Law, before H. M. Govt have had an opportunity of expressing an opinion upon them, so that the effect of the interference of the Govt is not, as it clearly ought to be, to prevent an objectionable Law from taking effect, but to repeal the Law after it has been acted upon. If any proof were required of the necessity of maintaining the regulations which have been established on this subject, it would be afforded by one of the arguments which is advanced in favor of the recent legislation in Canada. One of the objects which is most insisted upon is the advantage of combining in an uniform system the Currencies of the B. N. A. Provinces; and it appears to be considered that this object would be promoted by the Canada Act now under consideration. No doubt the attainment of an effectual arrangement for that purpose is most desirable, but the first difficulty to be overcome in the matter is that of reconciling conflicting views & interests & the discovery of a means of effecting the unnecessary change in the Currency of some of the Colonies, without disturbing existing relations between debtors & creditors. The superintendence of a general controlling power would be almost essential to the carrying into effect an extended arrangement of this nature in the different Colonies, and my Lords do not consider that the object would be promoted by hasty legislation in one province, in the hope that others would follow in the same course. The Inspector General observes in his Memorandum that  » he is unable to coneeive on what grounds it can be urged that in one British Province Coin (the dollar) should be valued at 5/1d Currency while in the others it is 5/ Currency. My Lords entirely concur in the view which thus appears to be entertanied by the Inspector General, that there are no good grounds for having a different value assigned to the same coin in neighbouring Colonies: but they must observe that this discrepancy has arisen from the same course having at former periods been adopted by the different Colonies which is pursued in the present instance by the Canadian Legislature, namely, that of one Colony legislating on the subject without reference to H. M. Govt or to the circumstances existing in other Colonies; and further that rating the Dollar at 5/ Currency in Canada will not attain the uniformity sought. The nominal rating of the dollar at 5/ Currency at present obtains in two of the provinces only, viz’ New Brunswick & Newfoundland. In the former the pound Sterling is rated at £1.4 being equivalent to the rating of the dollar at 5/ Currency estimating that Coin at 4/2d Sterling—5/ Currency in New Brunswick expresses therefore a different value from 5/ Cy in Canada where the pound Sterling is rated at £1..4..4 and although my Lords have before them a Bill of the Legislature of New Brunswick in which a re-rating of the Coins in circulation is proposed on a basis similar in some respects to that adopted in the Canada Act, it has not received the assent of Her Majesty, and as yet therefore, the case of New Brunswick cannot be referred to as one in which the system sought to be established in Canada has been adopted. In the case of Newfoundland, the rating of the dollar at 5/ Currency is merely nominal, there being no legal enactments for regulating the Currency of that Island, & consequently no fiscal rates at which the Coins in circulation can be estimated. In Nova Scotia the dollar is rated at 5/2 1/2d Currency and at Prince Edward’s Island at 6/3d. It is evident from this statement of the various rates assigned to the dollar in the N. A. Provinces, that if, as my Lords are led to infer from the above passage in the Inspector General’s Memorandum, the measure has been brought forward in Canada under the impression that by fixing the nominal rating of the dollar at 5/ – uniformity will thereby be attained in the Currency of the different provinces, the parties professing that object had not even ascertained the state of the Currencies of the other Provinces before introducing a bill of such importance. It is aso evident that much difficulty will be experienced in modifying the ratings of the various currencies of the different Colonies into an uniform scheme, and my Lords are unable without further information as to the views entertained in the provinces to propose any definite arrangement for that object. All these difficulties have indeed been overcome in Bermuda and the most considerable of the West India Islands by the simple course of adopting the denomination of Sterling in accounts and the increased use of British Money and a similar measure was at one time contemplated by the Legislature of Nova Scotia. Their Lordships are of opinion that such a solution of the question would be in many respects the most satisfactory and advantageous, although they are aware of the arguments which may be advanced in favor of a system of Currency for the North American Colonies, more nearly according with that of the United States. My Lords will hereafter advert to this point, which is connected with the question of the most advantageous system of Currency to be adopted for the B. N. American provinces collectively; but before entering into the consideration of that general question, it is necessary that they should express their views upon the particular measure which is proposed for an alteration of the rating of the dollar in Canada. That measure is avowedly founded on the desire to assimilate the Currency of the Province with that of the United States, as established by the Law in force in that Country relating to the Coinage. That Law was passed in the year 1836, and previously therefore to the recent alteration which has taken place in the relative value of the precious metals, and which there is good reason for believing has arisen from extraordinary and probably temporary causes. Its provisions make both Gold & Silver Coins legal tender, but assigned to the former a smaller proportionate quantity of pure metal, than should be assigned to them in reference to the Silver Coins, according to the average relative value of the two Metals in the general Market of the world. Difficulty must indeed always occur in defining the relative mean value of the two Metals measured by each other, but there is no doubt that the silver Dollar usually bears an Agio in the United States, and consequently that the Eagle which contains nominally ten dollars, does not represent the value of ten silver dollars. Hence the anomaly has arisen that the silver dollar, though a legal tender for no more than one tenth of an Eagle, is intrinsically worth more, and the Bank Note representing a Dollar, and for payment of which no Coin existed until very lately, except a Silver Dollar, was issued on the credit chiefly of Gold Coins of less intrinsic value than the number of Silver Dollars nominally contained in them— In Canada a more correct system of rating has been adopted. The value expressed in the denomination of local currency of the pound Sterling having been first ascertained, the several Coins of foreign States admitted into circulation were rated by a comparison with the British Sovereign—the gold Coins according to their equivalent contents of pure Gold—the silver coins according to their contents of pure silver, taking the average value of that metal as measured by the Gold Standard of this Country. On this basis, which my Lords conceive is the only consistent principle on which foreign Coins can be rated for Circulation in the British Dominions, the sovereign having been rated at £1. 4. 4 Currency, the Eagle was correctly rated relatively to the Sovereign at 50/ Currency, and the Silver dollar at 5/1 Currency which was as nearly as could be expressed in that denomination its intrinsic value. This principle of rating, whilst it gave concurrent circulation to the Coins of both Metals, as in the United States, avoided the anomaly which has been referred to in the case of the Currency of that Country; but it appears to have given rise to some discrepancy in regard to the value at which the Notes of the Banks of the two Countries circulate when they come in contact with each other— The Notes of the Canada Bank for 5/- Currency represent the tenth part of an Eagle, and are consequently equivalent to the United States dollar Notes; but as they do not represent silver specie dollars (rated at 5/la Currency) it is stated that they are not taken by the Border population of the United States as equivalent to the Notes of their own Banks, which nominally tho’ not virtually represent Silver specie dollars. The avowed object of the proposed alteration of the rating of the Silver dollar in Canada is to counteract this partial depreciation of the Bank Notes of that province, and this object would be attained by depreciating that Coin relatively to the Gold Coins, in the same proportion as Silver is under-rated relatively to Gold in the Untied States Mints. My Lords, however, cannot but think that any partial advantage to be obtained by this alteration would be dearly purchased if it should expose the monetary concerns of the Province to risk of embarrassment. Their Lordships can understand that some inconvenience may arise in retail transactions between the border population, from this discrepancy in the value arbitrarily assigned to the Bank Notes of the two Countries, but this inconvenience must be very partial, and confined to a small portion of the population, and my Lords cannot conceive that such notions can affect the real exchange between the two Countries, or interfere with the ready adjustment of their monetary transactions; My Lords are unable to assent to the opinion that for the sake of remedying a partial inconvenience of this sort, it is expedient to adopt a measure for rating a single coin upon an arbitrary valuation, contrary not only to sound principle, but to the scheme upon which other Coins, Silver as well as Gold, continue to be rated. From the arguments employed by the Inspector General, he would appear to be under the impression that the Currency of Canada had heretofore been based on a Silver Standard. Such an impression can only have been formed from an imperfect knowledge of the State of the Law. I t is true that the reserves in the Banks, consisted, until lately, of Silver Dollars of the United States. There were obvious reasons why the Banks should give a preference to these Coins. They constituted a convenient reserve for facilitating the payment of the small notes, of which the circulation of the province mainly consists; and they were probably more easily obtainable than other Coins from the circumstance that being undervalued in their own Country, they would naturally flow into Canada where they were rated at their intrinsic worth. But the Law, as has been seen, allowed the Banks to employ either Silver or Gold for their reserves, and it is more than probable that, even if the Canadian Act in question had not been passed the recent change in the relative value of the precious metals, would have induced those who were in possession of Silver Dollars to remit them to Europe for the sake of the profit to be derived from their sale, substituting Gold Coins in their Chests of reserve, and that the change which is stated to have been effected by the Banks in anticipation of the Canada Act coming into operation and in consequence of its enactment, would have been voluntarily undertaken by them as a profitable operation. But the substitution of Gold for Silver in their Coffers can effect no real alteration in the value for which the Notes circulate, these still represent the same proportions of the British Sovereign and the United States Eagle, that they did before. A very material change would, however, in all probability result from this Act, namely that in consequence of the undervaluation of the Silver Dollar, that Coin would cease to flow into Canada, and the usual Silver circulation of the Province would disappear. The consequences of this change demand in the opinion of My Lords very serious consideration. Whatever opinion may be entertained regarding the issue of Notes of a very small denomination, it can hardyly my Lords conceive, admit of a doubt that if the convertibility of these Notes is to be respected, provision should be made for facilitating their payment on demand and the circulation of a Country cannot stand on a sure basis if it consists to a great extent of notes of small sums, when the reserves on the faith of which they are issued is formed of Coins, the lowest denomination of which greatly exceeds the amount expressed in each note. Such would be the condition of the circulation of Canada, if the State of the Law rendered it disadvantageous for the Banks to hold Silver Coins in their Coffers, while a great proportion of their issues consists of 5/ (Currency Notes). In the United States the inconvenience of not having a ready means of converting into Coin the Dollar Notes owing to the withdrawal of the Silver dollars from circulation, appears to have led to the recent measure adopted by them of a Coinage of Gold Dollars. It is possible that if these Coins can be obtained in sufficient quantities and are made a legal tender in Canada they might supply ultimately a medium of exchange for the payment of the small Notes; but no such resource could have been contemplated when the Canada Act was passed, and that measure must be considered as it applies to the existing monetary arrangements of the province. It is to be hoped that the business of these banks is conducted with such care as to prevent any risk of a sudden & excessive demand upon them for Coin, but foresight cannot always prevent Commercial embarrassment, and, if a monetary crisis should arise, there can be no doubt that any difficulty in finding Coin to discharge Notes presented for payment, would tend greatly to aggravate it. The aim of Legislation on these subjects should be to guard beforehand against the occurrence of such contingencies. For these reasons my Lords continue to be of opinion that the alteration of the law proposed by the Canada Act was not called for by any circumstances of sufficient cogency, and is of a character likely to lead to embarrassement. It is true that the immediate derangement of the monetary concerns of the Province which, in the absence of any information regarding the arrangements made by the Banks, my Lords were led to apprehend from a forced and sudden change in its circulating medium, has not taken place, but they had not at that time any evidence of the effect of the demand for Silver which has since occurred in Europe and the East Indies, and which, as above observed, has rendered it a profitable transaction for the Banks to remit their Stock of Silver Coins to this Country and replace them with Gold Coins from the United States. Such casual occurrences, however, afford no ground for permanent legislation. My Lords would depreeate any forced reversal of the proceedings of the Banks which indeed in present circumstances they have already stated reasons for thinking almost impossible; but it appears to them to be highly inexpedient that an alteration of the law should be made, which by discouraging the importation of Silver into the province, when the extraordinary demand for it shall have ceased, should prevent those Institutions from strengthening their reserves by the addition of Silver Coin, when prudence may dictate such a measure. In the present state of the small note circulation of the Province, it appears to their Lordships to be necessary to maintain a mixed Currency consisting of a considerable extent of Silver Coins in order to discharge the 5/ Currency Notes on demand, and while different Coins are allowed by Law to pass current, the only sound principle of rating them is founded on their intrinsic value, in reference to the Standard Coin of the Empire. My Lords have further directed their attention to the proposition for a special coinage which as the Inspector General rightly observes, might, if desirable, be carried into effect, on an address of the Assembly without the aid of Colonial Legislation. Although the provisions of the Act for this purpose, if it had been allowable to carry them into effect were necessarily restricted to the province of Canada, it appears to be contemplated that the Coinage sought for should be adopted for the whole of the British Provinces of North America, and my Lords have considered the proposition in this general view. They do not think that there would be any advantage in discussing the question whether, as implied by the Inspector General the inconvenience complained of from the want of Coins adopted to the Currency of Canada is attributable to neglect on the part of the Home Government, or, as might be contended on the other hand, to the proceedings of the Colony in past times for assigning fictitious rates to Coins, and thereby rendering the circulation of the province unadapted to any existing Coins. Their Lordships are ready to admit that much inconvenience may arise from the present state of things, and that it would be very desirable to find a remedy for it. The question does not however in their Lordship’s opinion admit of so easy a solution as the Government of Canada appear to have supposed when they introduced the measure. The objection which their Lordships have urged in regard to the circulation of 5/ Currency notes, issued on the faith of a reserve of Gold Coins, would apply with greater force to a Currency of the character proposed, to be based on a Gold Standard with a subordinate token Coinage of Silver, the amount for which the latter shall be legal tender being strictly limited. The circulation of the Province would be placed in a anomalous position, if, concurrently with such a limitation upon the Silver Coins, Notes of a denomination below that of any Gold Coin passed current as an unlimited tender; and a revision of the regulations regarding the issue of small Notes payable on demand would seem to be an indispensable preliminary to a measure of that description. The scheme of a local Coinage requires, however, consideration on general grounds. Although the chief uses of a circulating medium are confined to the internal trade of a Country, the operations of Commerce render its employment necessary, under contingencies of not infrequent occurrence, for the purpose of adjusting foreign Exchanges, and it is therefore convenient that it should consist of Coins readily available for that object. In the case of a Country of sufficient extent and wealth to maintain a large amount of money in circulation, and of Commerce so extended that its Coins are frequently sent to distant Countries, such Coins acquire a known value which renders them acceptable in all places as a medium of exchange, and gives them Currency beyond their proper limits. They can always be obtained with facility either for export to foreign Countries or re-transmission home, according to the requirements of commerce But in communities of more limited means, the circulation of which is necessarily restricted, the same advantages do not exist. A special Coinage may be perfectly adapted to their internal wants; but the contingency of its export in the case of an adverse state of the exchange must be contemplated, and the more limited the community the more it will be exposed to sudden drains of this nature. When thus exported the Coins would of course have no other value than they would derive from their contents of precious metal, and as they would have none of those facilities for adjusting transactions with other Countries, which are afforded by the Coins of a great commercial people trading with all parts of the World, there would be no object for retaining them in the shape of Coin. They would probably therefore be melted for sale in the shape of bullion. This was the case with the Rupees which were largely imported into England from India in 1848, and, if the Coins of so wealthy & populous a Country afford an example of this effect, it can hardly be doubted that in the case of Canada, Coins, adapted only for its internal wants, if once exported, would not readily return. It is on this account evidently desirable that a Coinage should be adapted for as wide a range as possible; and the want of power to maintain a currency proper to themselves, probably gave rise to that mixed circulation in the British Colonies which in spite of difficulties in adapting itself to the denominations of account in which current transactions are expressed, is in other respects advantageous as affording all the facilities for adjusting the balance of foreign trade, which are attained by the money of large and wealthy communities. On these grounds it appears to my Lords that a scheme for a special coinage framed with a view only of meeting the internal wants of a single province is very objectionable. Were the proposition of the Canadian Parliament to be adopted, similar facilities might with equal reason be demanded by other provinces, modified according to their peculiar views, and the inconveniences arising from conflicting denominations of account would be aggravated by the circulation in neighbouring localities of a variety of coins representing no common value If therefore the adoption of a special Coinage should be found advisable, it would be essential for its efficient working that it should combine all the British Provinces of North America in one general scheme. Such a scheme could not, however, be devised until uniformity is established in the currencies of the different Provinces and this is an object for the settlement of which, as their Lordships have observed, both time and consideration are requisite — Other difficulties present themselves in regard to the proposal for a local Coinage, which do not seem to have occurred to the Canadian Government. It is proposed that the Coins should be struck in Her Majesty’s Mint and sent out to Canada at the expense of the Colony. If this were a single and final operation, the expense attending it might not be a matter for any serious consideration; but when it is borne in mind that in Countries which possess a circulating medium of their own proper Coin, it is necessary to have frequent recourse to their Mints in order to replace money deteriorated by wear or sent to other places in the operations of Commerce, it will be evident that the necessity of resorting to the Mint of a distant Country on every emergency, more especially when the communication by sea is subject to periodical interruptions of long duration, would render the community liable to great delay & expense in reinforcing their circulating medium, and naturally aggravate those inconveniences which my Lords have adverted to as inseparable from a confined circulation. All these objections would be avoided at once by the substitution of the circulating medium of the United Kingdom for the mixed Currency now in use, instead of resorting to ithe questionable alternative of a special Coinage. British Sovereigns can always be procured in any part of the world, and could be imported into Canada either from England or other places without incurring the delay & expense which would be incurred in procuring Coins on every occasion from the Hoyal Mint. Although the Coins of this realm may not combine with all the facility that may be desirable, with those of the Country bordering on the North American provinces their use in those Colonies must facilitate the adjustment of Trade with the Mother Country; and they derive from the wealth & extensive commerce of Great Britain those qualities which fit them in an eminent degree for the adjustment of Mercantile transactions; their value is well known; they have an universal Currency, and they are even admitted by the law of the United States as legal tender by weight for payments in that Country. There would, no doubt, be difficulties to be overcome in this as in any other change. The great impediment to the introduction of the money of the United Kingdom as the sole or chief medium of exchange in the North American provinces arises from the use of fictitious denominations of account which represent no integral of the Pound Sterling—The substitution therefore of the Coins of the realm for a mixed circulation, could only be effectually carried out by the abandonment of the fictitious system of the local currencies and the adoption, in their stead of sterling denominations of account but this, as it appears to my Lords, is a change which could be adopted with greater facility than any other, and without any of those risks of disturbing existing relations between debtor and creditor which must almost inevitably arise in transactions from one nominal Currency to another, because complications must ensue if contracts were to be adjusted in a denomination of Account differing from that in which they were originally expressed, where neither denomination expresses terms denoted by any actual coin; whereas the distinction between transactions in Sterling and in the local denominations is in all cases clearly understood and accurately defined. Such a change, as my Lords have observed, has already been effected in many of the British Colonies without any apparent inconvenience and with great ultimate advantage; and although in the Case of Canada some repugnance may be felt to a departure from a system which, with ‘all its defects, has the advantages of a partial assimilation with the Currency of the United States, my Lords cannot but think that this advantage is greatly diminished by the anomalies which have given rise to the proposition now before this Board, but which that proposition appears to be hardly calculated to remove My Lords are persuaded that Earl Grey will concur with them in thinking that the several points connected with this subject, upon which they have offered the foregoing observations, require very serious consideration, and that as a preliminary to such consideration, it will be necessary that the disallowance of the Canada Currency Act should be submitted to Her Majesty. I am &c (signed) C. E. TREVELYAN. APPENDIX XXVII1 EXTRACT OF DESPATCH FROM EARL GREY TO SIR C. A. FITZR0Y2 1 See above, p. 779. 2 Grey, Colonial Policy of Lord John Russell’s Administration (London: 1853), vol. 1, pp. 462-466; 470-473. « I will next direct your attention to the clauses of the Act which relate to the power of the Legislature as to the imposition of taxes and the appropriation of public money. « The expenses of collecting the Revenue will be defrayed, as hitherto, out of the gross Revenue, and the charges incurred on this account will, for the present continue to be audited as they now are in the manner which has been directed by the Commissioners of the Treasury, under Act 7 and 8 Vict., c. 72. But in my Circular Despatch of the 8th instant, I have informed you that the management of the establishment of customs is henceforth to be placed under the Local Government, and the Lords of the Treasury concur with me in the desire that the Local Legislature should have the fullest information respecting the details of the charges on the gross Revenue for the cost of collection. I enclose, for your information and guidance, the copy of a letter from the Treasury on this subject. « The effect of Sections 13,17, and 18, is to give the Legislature a considerably increased control over that part of the Colonial expenditure now charged on what is called the Civil List. The Legislatures will have the power to alter, by Acts passed for that purpose, all or any of the sums specified in the schedules. In the case of these alterations affecting the salary of the Governor, or the appropriation for public worship, it is required by the present Act of Parliament that the Colonial Acts should be reserved for the signification of Her Majesty’s pleasure.  » In the former Act there was a power given to the Governor, by the 38th Section, of varying the sum appropriated ton the purposes of Schedule B, and the savings accruing from such alteration were exempted from the control of the Legislative Council. This latter proviso has been omitted in the present Act, as there appeared to be no sufficient reason why the ordinary power of the Legislative body should not extend to these particular savings. « This extension of the authority of the Legislature has been rendered expedient in the view of Her Majesty’s Government, by the evidence of the hitherto successful progress of Constitutional Government. The manner in which the people of New South Wales have hitherto exercised the powers they possessed through their Representatives seemed fully to justify the grant of the enlarged power which will now be entrusted to them in relation to their financial affairs; but it has been deemed right by Parliament, in order the more completely to maintain the independence of the Judges of the Supreme Court, to provide that no diminution of judicial salaries by Colonial enactments shall affect Judges appointed previously to the passing of such enactment. « All other salaries, except those of the Governor and Judges, are placed by Parliament under the ordinary control of the Legislature. With regard to the mode of exercising this control, you will however observe that reductions of fixed establishments, or of any expenditure provided for by permanent laws, can only be effected by Acts of the Legislature, which of course require the assent of the Crown, signified by yourself, and confirmed by Her Majesty; but I wish you distinctly to understand that there is no desire on the part of Her Majesty’s Government to prevent prospective reductions of charges which, in the opinion of the Colonists, will safely admit of being diminished. The interests of existing office-holders must be protected, because they accepted those offices with expectations which cannot justly be disappointed. But subject to these interests, there is no objection to the Legislature fixing whatever scale of emoluments they may think fit for public servants to be hereafter appointed. I should, for my own part, consider it highly injudicious to reduce the salary of an office so as to render it no longer an object of ambition to men of ability and of respectable station. But this is a matter in which the interests of the Colonists only are involved, as they will be the sufferers jfrom any failure to provide adequate remuneration for those by whom the public service is carried on; the determination, therefore, of what is sufficient must be left to the Legislatures, with whom will rest the responsibility for the judicious exercise of the power. « I consider it, however, absolutely essential that, whatever may be the rate of payment, the salaries of all the principal officers of the Government should, for the reasons stated in the Report of the Committee of the Privy Council, be permanently granted; that is, not voted from year to year, but provided for in the same manner as charges on the Consolidated Fund in this country by Acts, and therefore only susceptible of alteration by Acts of the Legislature passed in the ordinary manner, with the consent of the Crown. You will therefore understand that you are not at liberty to give the assent of the Crown to any Act which may be passed reducing the salaries of those who are now in the public service, or rendering dependent on annual votes any of the charges now provided for by permanent appropriations. Any Acts of this sort you will reserve for the signification of Her Majesty’s pleasure, unless you consider them so manifestly objectionable as to call for their rejection. Subject to this restriction you are authorized to exercise your own judgement in giving or withholding your assent from Acts for the reduction of the fixed charges on the Colonial Revenue. « With regard to the Land Revenue I am aware that much jealousy has existed of its being appropriated, as it hitherto has been, by the Authority of the Crown, and it is therefore necessary that I should explain that though the Act of Parliament which I now transmit to you makes no alteration in the existing law upon the subject, Her Majesty’s Government have no desire to exercise any control over the appropriation of this Revenue beyond that which is necessary in order to ensure its being expended on the objects to which it is legitimately applicable, and in a manner consistent with justice towards those from whom it is raised. But this Revenue is of a very different character from that which is raised by taxation; and my views with regard to it will be best explained by the enclosed copy of a Despatch which I have lately had occasion to address to the Lieutenant-Governor of Van Diemen’s Land. The principles there stated are, with very slight modification, applicable to New South Wales. The most important differences between the two Colonies are—first, that in New South Wales the expenditure of half the income derived from the sale of land on emigration, as required by the Land Sales Act, is, in the absence of any other source from which a sufficient supply of labour could be obtained, an appropriation of this fund which tends directly to increase the value of the land from the sale of which it is derived; and, secondly, that in Van Diemen’s Land there is no longer occasion for any expenditure on account of the aboriginal natives, while in New South Wales the cost of the best arrangements which can be made for their protection and civilization ought to be regarded as a charge prior to all others on the Revenue derived from the appropriation of the lands of which they were the original inhabitants. After providing for this charge and those incurred on account of surveys and the cost of collection, such proportion of the Revenue derived from the sale or leasing of the Crown lands as is not required for emigration ought, as far as possible, to be applied in Local Improvements in the district in which it arises; and I propose communicating with the Lords Commissioners of the Treasury on the steps which should be adopted in order to carry these views into effect. Earl Grey to Sir William Denison. « Downing-street, July 27, 1850. « SIR,  » In my Despatch on the general subject of the finances of Van Diemen’s Land, I have thought it right to reserve for separate consideration the general principles by which the application of the Land Fund is to be governed. The question is one of so much importance that I am anxious that my views upon it should be thoroughly understood. I will accordingly proceed now to explain them. The money derived from sales of land I regard not as constituting a part of the Revenue of the Colony, in the proper sense of the word, since these receipts do not periodically recur, but arise from the permanent alienation of part of the public property, and ought therefore to be dealt with as capital to be invested in the accomplishment of objects of permanent public benefit. The proper object also of disposing of land by sale instead of by free grant, according to my view of the subject, is that of regulating the distribution of the Crown Lands among those who will turn them to the best account, not that of realizing a large sum of money for general purposes. Experience has demonstrated that when a Colony is in progress of settlement, if land is disposed of either by free grants or by sales at a low price, no precautions can prevent its being engrossed by persons who acquire possession of it, not with a view to its occupation and improvement, but on the speculation of deriving a profit from its increase in value as the Colony advances in wealth and population. In the meantime, land thus left unimproved, is a great obstacle to the general progress of the Colony, and the settlement of emigrants is checked and discouraged by the high price they are compelled to pay for land to the speculators by whom it has been bought up. This evil is guarded against by selling land at a price too high to allow of its being acquired with any expectation of profit by persons who mean to let it lie idle. But as the object of imposing such a price is to ensure the gradual distribution of land to settlers as it is wanted, it has always been my opinion that the sums received for it should be applied in such a manner as to add to the value of the land to purchasers who mean really to occupy and improve it. The popular objections to the comparatively high price which has for some years been required for the Crown Lands in the Australian Colonies would in my judgement be well founded, and it would be highly impolitic to withdraw from settlers so much of their available capital, if this money were not in fact restored to them by its being applied in such a manner as to increase the value of the land they acquire. With this view, in the other Australian Colonies, half the sums so received are by law devoted to the introduction of emigrants, by which a supply of labour is obtained, and a value is given to the land which it would not otherwise possess. In Van Diemen’s Land it is not necessary, as there is an abundant supply of labour from another source, to apply any of the receipts from the sale of land directly to this purpose; but upon the same principle they ought to be applied to public works, such as roads, bridges, and buildings, which will conduce to the profitable occupation of the lands alienated. The Committee of Privy Council on the proposed Constitutions of the Australian Colonies has advised, that whenever local bodies are constituted representing the inhabitants of the different districts, the application of half the Land Fund to objects of this kind should take place under their superintendence. I am strongly impressed with the importance of adopting this recommendation, and I should anxiously desire to see the establishment of such municipal bodies at the earliest possible period; and whenever they are established, it would be highly expedient that the expenditure of a portion of the Land Fund, in the manner I have described, should take place under their direction, subject to the approval of the Lieutenant-Governor. In the meantime this application of the money should take place under the directions of the Government, since, if it were placed at the disposal of the Legislature, it is almost certain that due regard would not be shown to the interests of the inhabitants of the remoter districts, whence it is principally derived, who are too few to have much influence in that body. In Van Diemen’s Land, in consequence of the absence of any considerable demands for emigration, a larger proportion of the Fund ought probably to be applied locally than in the other Colonies; still a certain proportion of it ought, I think, to be retained for purposes of a similar character, but of more general advantage,—such as improvements of the great lines of communication, and of the principal harbours, —by which the general trade of the Colony may be benefited. These instructions must, however, be regarded as subject to those contained in anotner Despatch which I have this day addressed to you, and in which I have informed you that instalments of £5000 annually, in payment of the Colonial Debt to this country, must constitute a first charge on the Land Revenue.  » I have, etc., (Signed) GREY. » « Sir W. Denison, « etc., etc. » APPENDIX XXVIII 1 GREY TO ELGIN 2 DOWNING STREET March 14th 1851. MY LORD, I have received your Despatch N° 244, of the 31st of December last, inclosing a Minute of your Executive Council on a report made to the Legislative Assembly during its last session, by a Committee appointed to enquire into the state of the Provincial Income and Expenditure. I have also received the report of the Committee to which the above Minute relates. These important documents, and the remarks which your Lordship has made upon them in your Despatch, have not failed to receive the deliberate consideration of my Colleagues, and of myself; and I have now to convey to you, on the part of Her Majesty’s Government, the authority which is asked for by your Council, and which you recommend should be given to them, for proposing to the Canadian Parliament a Bill for reducing, in the manner set forth in the above minute, some of the charges provided for by the Civil List Act of 1846. 2. The grounds upon which Her Majesty’s Government have thought it their duty to sanction the proposed alterations of an arrangement which has been so lately made for the term of Her Majesty’s life by the Canadian Parliament, I cannot more clearly explain to you than by transcribing the following extract from a despatch which I had occasion, in August last, to address to the Governor of New South Wales, and which, upon this point, is equally applicable to Canada:  » I wish you distinctly to understand, that there is no desire on the part  » of Her Majesty’s Government to prevent prospective reductions of charges,  » which, in the opinion of the Colonists, will safely admit of being diminished.  » The interests of existing Office-holders must be protected, because they  » accepted those Offices with expectations which cannot justly be disappointed. « But, subject to these interests, there is no objection to the Legislature fixing  » whatever scale of emoluments they may think fit for public servants to be  » hereafter appointed. I should, for my own part, consider it highly injudicious  » t o reduce the salary of an Office, so as to render it no longer an object of  » ambition to men of ability and of respectable station. But this is a matter  » in which the interests of the Colonists only are involved, as they will be the  » sufferers from any failure to provide adequate remuneration for those by whom  » the Public Service is carried on; the determination, therefore, of what is  » sufficient, must be left to the Legislatures, with whom will rest the responsibility  » for the judicious exercise of the power. »  » I consider it however absolutely essential, that whatever may be the rate  » of payment, the salaries of all the principal Officers of the Government should,  » for the reasons stated in the Report of the Committee of the Privy Council, be  » permanently granted; that is, not voted from year to year, but provided for in  » the same manner as charges on the Consolidated Fund in this Country, by  » Acts, and therefore only susceptible of alteration by Acts of the Legislature  » passed in the ordinary manner, with the consent of The Crown. You will « therefore understand that you are not at liberty to give the assent of the  » Crown to any Act which may be passed reducing the salaries of those who are  » now in the Public Service, or rendering dependent on annual votes any of the  » charges now provided for by permanent appropriations. Any Acts of this sort  » you will reserve for the signification of Her Majesty’s pleasure, unless you con-  » sider them so manifestly objectionable as to call for their rejection. — Subject  » to this restriction, you are authorized to exercise your own judgment in giving  » or withholding your Assent from Acts for the reduction of the fixed charges on  » the Colonial Revenue. » 3. Though for the reasons I have stated in the above extract, I consider it to be inexpedient that Her Majesty’s Government should throw any obstacle in the way of those reductions in the salaries provided for by the Canadian Civil List, which it is the desire of your Council to propose to the Provincial Parliament, I think it my duty, distinctly to record my opinion, that these reductions are in themselves unwise, and that the comparatively trifling saving which will thus be effected in the public expenditure of the province, will not prove in the end to be an act of true and permanent economy. All experience seems to me to support the conclusion, that the truest economy, whether for States or for individuals, is to give liberal remuneration to those who are entrusted with the performance of duties of great importance and responsibility; the Public cannot, any more than a private employer, expect to secure the advantage of being honestly and ably served, if it is niggardly in paying its servants; and when it is considered how serious are the losses and evils to which the community may be exposed from a deficiency of honesty and ability in those by whom its affairs are managed the saving effected by reducing the salaries of those filling responsible situations below the amount which will afford a fair remuneration to men of character and ability for devoting their time and attention to public affairs instead of to their private concerns will be found to have been dearly purchased. Hence as it does not appear from your despatch, that the principal public servants receive at present a high rate of pay as compared to that which is given to those who are employed by Banks and mercantile companies, I must regard the proposed reductions of Salary as injudicious. This question, however, as I have already observed is one for the consideration and decision of the Parliament of Canada. That portion of the minute of your Executive Council which relates to the amount of the salary at present attached to the office of Governor General, and your own remarks upon this important point, have attracted the more particular attention of Her Majesty’s Government. The present Salary of that office does not appear to me to be unduly high; on the contrary believing it to be an object of the greatest importance to Canada that the post of Governor General should be filled by men of political experience and of the highest ability that can be found, I regret that the Salary is not at present such as in general to afford any temptation to those who have taken a lead in public affairs in this country, to abandon their prospects at home for the purpose of accepting this office. But I concur with your Lordship, and with your Council, in con- sidering the amount of the salary as of far less importance, than that this amount, whatever it may be, should be fixed, and should cease to be the subject of perpetual discussion in the province, since such discussion, it is justly remarked by your Council in their minute, is calculated to impair the dignity of the Queen’s Representative. It might have been hoped that the manner in which the present salary of the Governor General « was granted for Her Majesty’s life by the Provincial Legislature, by an Act of Parliament freely and deliberately passed for that purpose, would have had the effect of permanently settling a question, the agitation of which is attended with so much evil. Experience has however, proved this hope to be unfounded; nor can I see the slightest reason for believing that if the existing arrangement were to be departed from, and any possible reduction in the salary of the office assented to by Her Majesty, the question would then be set at rest, or that a still further reduction would not be proposed as soon as it might suit the views of any political party to renew the discussion. 5 There is but one mode that I am aware of by which any further agitation of this question in the province may be effectually prevented, and that is by making the Salary of the Governor General a charge not upon the Canadian, but upon the British Treasury. This is an alteration which for many reasons I have long regarded as advisable; and it appears to Her Majesty’s Government, that a fitting occasion for proposing it is now presented, in consequence of the desire manifested by the Canadian Parliament for a revision of the Civil List. But it is impossible that such an alteration can be recommended to Parliament except as part of a general measure for placing the fiscal relations of the Mother-Country and the Colony on a footing adapted to the greatly altered circumstances of the present time as compared to those under which the existing arrangement of those relations has grown up. 6. Canada (in common with the other British Provinces in North America) now possess in the most ample and complete manner in which it is possible that she should enjoy it, the advantage of self-government in all that relates to her internal affairs. It appears to Her Majesty’s Government that this advantage ought to carry with it corresponding responsibilities, and that the time is now come when the people of Canada must be called upon to take upon themselves a larger share than they have hitherto done, of expenses which are incurred on this account, and for their advantage. Of these expenses by far the heaviest charge which falls upon this country is that incurred for the military protection of the province. Regarding Canada as a most important and valuable part of the Empire, and believing the maintenance of the connexion between the mother-country and the Colony to be of the highest advantage to both, it is far from being the view of Her Majesty’s Government that the general military power of the Empire is mot to be used in the protection of this part of Her Majesty’s dominions. But looking to the rapid progress which Canada is now making in wealth and population, and to the prosperity which she at this moment enjoys, it is the conviction of Her Majesty’s Government, that it is only due to the people of this Country that they should now be relieved from a large proportion of the charge which has hitherto been imposed upon them for the protection of a Colony now well able to do much towards protecting itself. In adopting this principle, I need hardly observe to you that Her Majesty’s Government would merely be reverting to the former colonial policy of this country. You are well aware that up to the period of the war of the American [Revolution, the then British Colonies which now form the United States, as well as the West Indian Colonies, were required to take upon themselves the principal share of the burthen of their own protection, and even to contribute to the Military operations undertaken to extend the colonial possessions of the British Crown. The North American colonies defended themselves almost entirely from the fierce Indian tribes by which these infant communities were frequently emperilled, and furnished no inconsiderable proportion of the force by which the contest of British power with that of France was maintained on the continent of America, and the West Indian Colonies did not, in proportion to their means, make less exertions. 7. Her Majesty’s Government would have thought it right at an earlier period to revert to this former policy of the Empire, and to extend to Canada measures of the same description with those which have already been adopted as respects the Australian Colonies, had it not been that till lately there were circumstances connected with the commercial and general condition of Canada which seemed to render the time unfavourable for effecting so important a change. The difficulties under which commerce and industry laboured were of a very aggravated description, and produced their usual consequenses of political excitement and discontent; nor ought it to be concealed that much of the prevailing distress was attributable to the changes which had taken place in British legislation. The combined effect of the stimulus given by the Act of 1843 to the investment of capital in preparations for supplying this country with flour from Canada, and of the subsequent general repeal of all restrictions on the importation of corn and flour into the United Kingdom, had undoubtedly been to cause very heavy losses in Canada, and till these had been recovered, it would have been inexpedient to add to the burthens of the province. 8. But the season of commercial depression in Canada has now passed away, the repeal of the Navigation Laws, and the opening of the St Lawrence Canals, which the province has been enabled to construct by a loan raised on highly favourable terms on the credit of the British Treasury, has given a great impulse to its trade, and the remarkable increase of the customs revenue which you have lately reported to me, affords a clear and striking proof of the return of prosperity. Under these circumstances, it appears to Her Majesty’s Government, that no more favorable opportunity could be found for placing the fiscal relations of the Mother country and the Colony on a permanent and equitable footing. They are the more induced to adopt this view of the subject, because they are prepared to recommend to Parliament that assistance of the same kind with that which has proved so eminently useful to Canada in the construction of the St Lawrence Canals, should be extended to her in respect of another public work, calculated to be hardly less beneficial to her than these Canals. In another despatch I will explain to your Lordship the views of Her Majesty’s Government with regard to the means by which it is hoped that the construction of the Quebec and Halifax Railway may be accomplished. I only advert to this subject at present for the purpose of observing, that while the credit of this Country is exerted to enable Canada to extend her public works and to develop her resources, I feel confident that the Parliament of Canada will readily co-operate with Her Majesty’s Government in adopting measures for diminishing the charge on the British Treasury for the defence of the province. 9. Having thus explained to your Lordship the principles of the policy which Her Majesty’s Government propose to adopt, I will now proceed to state more particularly the measures by which it is contemplated that this policy should be carried into effect. In the first place, it is intended, that in future, with the exception of a certain number of enrolled pensioners, for whose location in the province arrangements are in progress, the troops maintained in Canada should be confined to the garrisons of two or three fortified posts of importance, probably only Quebec and Kingston. The terms of amity upon which this Country now is with the United States, and the fortunate termination of all the questions of dispute between the two nations, removes, as I trust, all risk of any attack upon Canada from the only Power from which there could be any danger; and it appears to Her Majesty’s Government, that if the Provincial Militia is maintained upon a proper footing, so long as peace continues, enough would be done to provide for the security of the province, by maintaining garrisons of regular troops in the two important posts I have mentioned. In the unfortunate, and I trust, improbable, contingency of a war with the United States, it is obvious that both the Colony and the Mother-Country would be called upon to submit to great sacrifices, and to make great exertions for their defence; but I have no doubt that these would be cheerfully made by both, if the exigency should unhappily arise. 10. Upon the reduction of the British force in Canada to the garrisons of these fortified positions, it would become necessary that the warlike stores which are kept in the Colony should be reduced, and that the barracks and other buildings which are no longer required, should be disposed of; but if the Parliament of Canada should be willing to undertake to keep up these barracks and buildings, in case of their being hereafter required, there would be no objection on the part of Her Majesty’s Government to make them over to the provincial authorities, and if the maintenance of a British force at any of the Posts now occupied, should be desired for the preservation of internal Security, such a force would be readily supplied by Her Majesty’s Government, if the actual cost thus incurred were provided for by the province. 11. Another charge which Her Majesty’s Government would also expect that the province should take upon itself as part of the above arrangement, is that of maintaining the Canals now in charge of the Ordnance Department. You are aware that these Canals were executed at the sole expense of this Country and at a very heavy cost, chiefly with the View to the Military defence of the Province. Her Majesty’s Government conceive that the charge of maintaining them ought now to be undertaken by the Province, and I trust that no difficulty will arise on that head. With regard to the Indian Department, as by the arrangement lately made, the extinction of the charge (except so far as regards some payments for their lives to individuals) is provided for within five years, no further steps are required to be taken. 12. In conclusion I have now only to assure you that—while Her Majesty’s Government consider that justice to the people of this Country requires that Canada, which is now so well able to support whatever establishments are necessary for her own defence and for her own advantage, should cease to occasion so heavy a charge as formerly to the British Treasury, and that it is a fitting opportunity for introducing the change, when, in consequence of proceedings which have taken place in the province, it becomes expedient to call upon Parliament to provide for the salary of the Governor General—it must not for a moment be supposed that these measures are contemplated under any idea that the connexion between the Mother Country and the Colony could be dissolved without great injury to both, or that there is any probability that it will be so. On the contrary, these measures are regarded as safe, because Her Majesty’s Government are persuaded that the great body of the people of Canada are so fully satisfied of the great benefits they enjoy from the system of Constitutional Government now happily established in the province under the authority of the British Crown, that it may properly be left to themselves to so take their share of the burthen of maintaining and defending an order of things from which they reap so much advantage. Under this impression, and in the earnest hope and confident belief that Canada may long continue to form an important member of the British Empire, Her Majesty’s Government have adopted the conclusions which I have now explained to you. I have the honor to be, My Lord, Your Lordship’s most obedient humble servant GREY Governor, The Right Honble THE EARL OF ELGIN KINCARDINE &c &c &c [Endorsed] Earl Grey to the Earl of Elgin N° 568. 14 March 1851. Civil List—Gov Genl’s Salary—Military Defence. Militia—Ordnance Canals &c Copy to Council 9 April Copy to both Houses 26 May 1851. Copy APPENDIX XXIX1 GREY TO ELGIN. 2 1 See above p. 812, 819, 826. 2 Copy, G. 138, p. 215. DOWNING STREET 14 March 1851. MY LORD, From the Correspondence which I have already had with your Lordship on the subject of the projected Railroad from Halifax to Quebec, you are well aware that although Her Majesty’s Government have not hitherto been enabled to take any steps towards the execution of that work, it is an undertaking which they have long earnestly desired to see accomplished, as they believe it to be one calculated very greatly to advance the Commercial and Political Interests both of the British Provinces in North America and of the Mother Country. It is therefore with great satisfaction that I have now to acquaint your Lordship that I have reason to hope that the time is at length come when this great national enterprize may be undertaken with advantage, if there still exists (as I am assured there does) as strong a desire to promote it on the part of the Inhabitants of Canada and New Brunswick as they formerly expressed, and as the people of Nova Scotia have recently manifested. 2. I enclose for your Lordship’s information a Copy of a Despatch addressed to me in the course of the last Autumn by Sir John Harvey introducing to me Mr Howe a Member of the Government of Nova Scotia, and also Copies of two letters I have received from that Gentleman, and of the answer which has by my direction been returned to him. Your Lordship will perceive from these papers that the proposal made by Mr Howe on behalf of the Province of Nova Scotia, and to which Her Majesty’s Government have thought it their duty so far to accede as to undertake on certain conditions to recommend it for the sanction of Parliament, is to the effect that the credit of this Country should be employed to enable the Provinces of Canada, New Brunswick and Nova Scotia to raise upon advantageous terms the funds necessary for the construction of the proposed Railway, just as Canada has already been enabled by similar assistance to construct the Canals by which she has lately completed the most extensive and perfect system of inland navigation which exists in the World. Although Her Majesty’s Government are of opinion that great caution ought to be observed in pledging the credit of the British Treasury in aid of loans raised by the Colonies, they regard the work now in contemplation as being (like the St Lawrence Canals) of so much importance to the whole Empire, as to justify them in recommending to Parliament that some assistance should be given towards its construction, nor is there any mode of affording such assistance which has hitherto been suggested, which appears on the whole so little burthensome to the Mother Country, and at the same time of so much real service to the Colonies, as that which is now proposed. 3. In coming to the decision that Parliament should be invited to give this support to the projected Railway, Her Majesty’s Government have not failed to bear in mind that by enabling the North American Provinces to open this great line of communication, it may fairly be assumed that a powerful stimulus will be given to their advance in wealth and population, and that the consequent encrease in their resources will render it possible for them to relieve the Mother Country sooner and more completely than would otherwise be practicable from charges now borne by it on account of these Colonies. In another Despatch of this date, I have informed your Lordship, that, in the judgment of Her Majesty’s Government, the British Colonies ought to be required as they become capable of doing so, to take upon themselves not only the expenses of their Civil Government, but a portion at all events of those incurred for their protection, and I have pointed out to you that the British North American Provinces, and especially Canada, have now reached such a stage in their progress that the charges for which Parliament is called upon to provide on that account ought to be rapidly diminished. The construction of the proposed Railway would greatly contribute to promote this important object. By opening new Districts for Settlement, and by the demand for labor which will be created during the progress of the work, the projected Railway cannot fail to encrease the wealth and population of these Provinces, while, by affording a rapid and easy communication between them, it will enable them to afford to each other far greater assistance than they now can in any difficulty or danger to which they may be exposed. 4. Your Lordship will not fail to observe from the letter which has been addressed to Mr Howe that the assistance which it is proposed to grant to the Provinces towards the construction of the proposed Railway is to be contingent on provision being made for opening a complete line of communication from Halifax to Quebec or Montreal, it is necessary therefore to ascertain whether Canada and New Brunswick are ready to join with Nova Scotia in raising the Capital required for the work in the manner proposed; and if so in what proportion each Province is to become responsible for the expense incurred. The question whether it will be advisable for these two Provinces to join in the construction of the projected Railway if they should be enabled by the assistance of Parliament to raise the required Capital at a low rate of interest, is one for the consideration of their respective Legislatures, but so far as I have the means of forming a judgment upon the subject, I should anticipate that their decision will be in favor of doing so. I infer that this is probable not less from what I have learned of the actual state of Public Opinion on this subject in the Provinces than from the view which I take of their interest in the work. Though I can well believe that there would be much room for doubting whether the Railway would pay as a Mercantile speculation to a Company looking to traffic only for its remuneration, the case is very different when it is regarded as a public undertaking. When viewed in this light the various indirect advantages which cannot fail to arise to the Provinces from possessing such improved means of communication, must be considered as well as the very great additional value which would be conferred on a vast extent of public lands which are now completely worthless. This is a source of profit from which no advantage can in general accrue to the constructors of Railways in Countries where the Soil has long been appropriated by Individuals, on the contrary, in these Countries the purchase of land is not one of the least important items of the expense to be incurred in such undertakings; but where, as in parts of Canada and New Brunswick, a great part of the Territory to be traversed by a Railroad is still unappropriated, and the land may be sold by the public, the encreased value given to it by being thus rendered accessible may render it advantageous to construct a Railway though the traffic is not expected to do more at first than pay the working expenses. 5. If these considerations should induce the Legislatures of the three Provinces to combine in undertaking the projected Railway, the terms on which they are to cooperate with each other for that object will have to be settled, and in coming to such an arrangement various questions of great difficulty and importance will require to be considered. For instance it is probable that when the line is completed the traffic will be far more remunerative at the two extremities than in the more central portion of it, while at the same time the expense of construcition, would from the nature of the Country be precisely higher where the traffic returns would be the lowest, so that if each Province were required to pay for the formation of the line through its own Territory, and to receive the returns from the traffic thro’ the same, it would follow that while the expense to New Brunswick would be the greatest, its receipts would be the smallest. On the other hand, as I have just observed, one of the most important sources of profit from the construction of such a Railway as that now in contemplation would arise from the sale of land of which the value would be encreased by the work, and it appears from the papers before me that New Brunswick would probably derive a greater profit from that source than the two sister Provinces. Whether the result upon the whole would be that each Province considering these various -circumstances ought to take upon itself the construction of the Railway thro’ its own territory, or whether, on the contrary any one should be assisted by the others, is a point on which I have not the means of forming a judgment, and I would suggest to you that the best course with a view of arriving at some practical result, would be that a deputation from the Executive Councils of the two lower Provinces should proceed to the seat of Government in Canada in order to confer with your Lordship and with your Council for the purpose of coming to some agreement upon the subject, which, after being approved by the Legislatures of the several Provinces, might be submitted for the sanction of Parliament. 6. It does not appear to me that if such a conference should be held it need occupy any very great length of time, or that much difficulty would arise in coming to an arrangement for the construction and working of the projected Railway, by which the expense of the undertaking on the one hand, and the advantage to be derived from it on the other, might be fairly apportioned between the different Provinces. Hereafter I may probably be enabled to offer some suggestions as to the manner in which this might be accomplished, but at present I have only to add that I shall transmit Copies of this Despatch to Sir Edmund Head and to Sir John Harvey with instructions to them to communicate with your Lordship without delay on the important subject to which it relates, and it will give me the highest satisfaction if the result of these communications should be the undertaking of a work, which if completed, cannot I believe fail to add gr-eatly to the prosperity of the British Provinces in North America, and at the same time to give additional strength to the ties which connect them with each other and with the British Empire. I am &c (signed) GREY Right Honble The EARL OF ELGIN &c &c &c [Endorsed] Copy Earl Grey to the Earl of Elgin No. 569.14 March 1951. Construction of the Halifax & Quebec Railway by the three Provinces with the assistance of the Imperial Guarantee. 4 Enclosures. Govt House 8 April 1851. Referred to the Honble the Executive Council. By Command. R. BRUCE Gov Sec. recd 9 April APPENDIX XXX1 ADDRESS RE CLERGY RESERVES, 23 JUNE, 1851.2 1 See above p. 830. 2 Journals of Assembly, Canada, 1851, p. 105. The Honorable Mr. Price moved, seconded by the Honorable Mr. Hincks, and the Question being proposed, That an humble Address be presented to Her Most Gracious Majesty, thanking Her Majesty for the gracious manner in which She has been pleased to receive the Address of this House of last Session, on the subject of the Clergy Reserves; and to assure Her Majesty of the great satisfaction which it has afforded this House, and the Province at large, to learn from the Despatch of the Right Honorable Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies, communicating such Her Majesty’s gracious reception of the said Address, that it has appeared to Her Majesty’s Imperial Ministers that such Address ought to be acceded to, and that they would accordingly be prepared to recommend to the Imperial Parliament that an Act should be passed, giving to the Provincial Legislature full authority to make such alterations as they may think fit in the existing arrangements with regard to those Reserves, provided that existing interests are respected; The Honorable Mr. Boulton moved in amendment to the Question, seconded by Mr. Hopkins, That all the words after « That » to the end of the Question be left out, and the words « the most direct, clear, « and satisfactory mode of conveying to the Queen and Her Imperial « Parliament the wishes of the Legislature of Canada, on the subject « of the Clergy Reserves, would be to pass an Act containing all the « provisions intended to be adopted, with a clause suspending its operation until it shall have received the express sanction of the British « Parliament, a course which was most satisfactorily followed upon « the subject of the Civil List in 1846; and that the Honorable Mr. « Price, the Honorable Mr. Attorney General Baldwin, the Honorable « Mr. Cayley, Mr. Morrison, and the mover, compose a Committee to « draught and report a Bill to this House accordingly » added instead thereof; And the Question being put on the Amendment; the House divided: and the names being called for, they were taken down, as follow:— YEAS. Messieurs Boulton of NORFOLK, Fergusson, Hopkins, Mackenzie, and Notman.—(5) NAYS. Messieurs Armstrong, Badgley, Attorney General Baldwin, Bell, Boulton of TORONTO, Boutillier, Burritt, Cameron of COENWALL, Cartier, Cauchon, Cayley, Chabot, Chauveau, Christie, Crysler, De- Witt, Dickson, Solicitor General Drummond, Duchesnay, Dumas, Flint, Forties Fownier, Fourquin, Guillet, Jobin, Johnson, Lacoste, Attorney General LaFontaine, LaTerrière, Laurin, Lemieux, Letellier, Solicitor General Macdonald, Macdonald of KINGSTON, Sir Allan N. MacNab, Malloch, McLean, Merritt, Meyers, Polette, Price, Richards, Robinson, Sanborn, Sauvageau, Scott of Two MOUNTAINS, Seymour, Sherwood of TORONTO, Smith of WENTWORTH, Stevenson, and Wilson. —(52.) So it passed in the Negative. And the Question being again proposed, That an humble Address be presented to Her Most Gracious Majesty, thanking Her Majesty for the gracious manner in which She has been pleased to receive the Address of this House of last Session, on the subject of the Clergy Reserves; and to assure Her Majesty of the great satisfaction which it has afforded this House, and the Province at large, to learn from the Despatch of the Right Honorable Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies, communicating such Her Majesty’s gracious reception of the said Address, that it has appeared to Her Majesty’s Imperial Ministers that such Address ought to be acceded to, and that they would accordingly be prepared to recommend to the Imperial Parliament that an Act should be passed, giving to the Provincial Legislature full authority to make such alterations as they may think fit in the existing arrangements with regard to those Reserves, provided that existing interests are respected; And a Debate arising thereupon; Ordered, That the Debate be adjourned until Wednesday next; and be then the first Order of the day. 1 JULY, 18511 1Journals of Assembly, Canada, 1851, p. 128. And the Order of the day being read, for resuming the adjourned Debate upon the Question proposed on Monday the twenty-third of June last, That an humble Address be presented to Her Most Gracious Majesty, thanking Her Majesty for the gracious manner in which She has been pleased to receive the Address of this House of last Session, on the subject of the Clergy Reserves; and to assure Her Majesty of the great satisfaction which it hath afforded this House, and the Province at large, to learn from the Despatch of the Right Honorable Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies, communicating such Her Majesty’s gracious reception of the said Address, that it has appeared to Her Majesty’s Imperial Ministers that such Address ought to be acceded to, and that they would accordingly be prepared to recommend to the Imperial Parliament that an Act should be passed, giving to the Provincial Legislature full authority to make such alterations as they may think fit in the existing arrangements with regard to those Reserves, provided that existing interests are respected; And the Question being again proposed:—The House resumed the said adjourned Debate. The Honorable Mr. Cayley moved in amendment to the Question, seconded by Sir Allan N. MacNab, That all the words after  » That » to the end of the Question be left out, in order to add the words  » it  » is inexpedient to disturb or unsettle, by Resolution or Enactment,  » the appropriations or endowments now existing in Upper and Lower  » Canada for Religious purposes: That the well-being of society, and « the growing wants of the various Christian Bodies in Canada,  » demand that the several provisions of the Imperial Act 3 & 4 Vic.  » cap. 78, should be carried out to their fullest extent: That by the  » said Act, one-half of the interest arising from all Clergy Reserve  » Sales made under the provisions of the said Act, was placed at the  » disposal of the Governor of Canada, with the advice of the Executive  » Council, for the purposes of Public Worship and Religious In-  » struction: That the amount now at the disposal of the Government « exceeds Ten thousand pounds, and is rapidly accumulating: That « the annual Sales of Reserves are large; and, adopting the estimate  » of the Chief Commissioner of Crown Lands, will ultimately yield a  » Revenue, at the disposal of the Government, exceeding Fifty « thousand pounds per annum: That it is expedient that the Fund  » i n hand, and the future Revenues placed by the said Act at the  » disposal of the Government, should be apportioned among the  » Roman Catholic, Free Church of Scotland, Presbyterian, Methodist,  » Baptist, Lutheran, and other Christian Bodies heretofore unprovided « for, and who will receive the same; such apportionment to be  » definitely made according to the next Census to be taken, meanwhile  » according to the last Population Return » instead thereof; And the Question being put on the Amendment; the House divided: and the names being called for, they were taken down, as follow:— YEAS. Messieurs Badgley, Boulton of TORONTO, Cameron of CORNWALL, Cayley, Dickson, Sir Allan N. MacNab, Malloch, Meyers, Robinson, Seymour, Sherwood, of BROCKVILLE, Sherwood of TORONTO, and Stevenson.—(13.) NAYS. Messieurs Armstrong, Baldwin, Bell, Boulton of NORFOLK, Boutillier, Burritt, Gartier, Cauchon, Chabot, Chauveau, Solicitor General Drummond, Duchesnay, Dumas, Fergusson, Flint, Fournier, Fourquin, Guillet, Hall, Hincks, Holmes, Hopkins, Jobin, Lacoste, Attorney General LaFontaine, La Terrière, Laurin, Lemieux, Letellier, Solicitor General Macdonald, Mackenzie, McConnell, McFarland, Merritt, Méthot, Mongenais, Morrison, Nelson, Papineau, Polette, Price, Richards, Ross, Sanborn, Sauvageau, Scott of Two MOUNTAINS, Smith of DURHAM, Smith of WENTWORTH, Taché, and Wilson.—(50.) So it passed in the Negative. And the Question being again proposed, That an humble Address be presented to Her Most Gracious Majesty, thanking Her Majesty for the gracious manner in which She has been pleased to receive the Address of this House of last Session, on the subject of the Clergy Reserves; and to assure Her Majesty of the great satisfaction which it has afforded this House, and the Province at large, to learn from the Despatch of the Right Honorable Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies, communicating such Her Majesty’s gracious reception of the said Address, that it has appeared to Her Majesty’s Imperial Ministers that such Address ought to be acceded to, and that they would accordingly be prepared to recommend to the Imperial Parliament that an Act should be passed, giving to the Provincial Legislature full authority to make such alterations as they may think fit in the existing arrangements with regard to those Reserves, provided that existing interests are respected; The Honorable Mr. Sherwood moved in amendment to the Question, seconded by Mr. Seymour, That all the words after  » That  » to the end of the Question be left out, in order to add the words  » an  » humble Address be presented to Her Majesty, thanking Her Majesty  » for the gracious manner in which She has been pleased to receive the  » Address of this House of the last Session, on the subject of the Clergy  » Reserves: to assure Her Majesty that this House, and the Province  » at large, feel deeply grateful for the communication received from  » the Right Honorable Earl Grey, Her Majesty’s Principal Secretary  » of State for the Colonies, conveying Her Majesty’s Answer thereto,  » intimating Her Majesty’s readiness to accede to the wishes of the  » People of Canada in matters exclusively affecting their interests;  » and further, to assure Her Majesty, that this House feels under  » the highest obligation to Her Majesty’s Imperial Ministers for the  » kind and proper consideration they have manifested in the future  » welfare and prosperity of this Province in giving expression, in the  » said Despatch, to a feeling of deep regret that a subject of so much  » difficulty as that of the Clergy Reserves should, after an interval of  » some years, have again been brought under discussion, and giving it  » as their judgment, that the advantages to this Province would be  » great by leaving undisturbed the existing arrangement, whereby  » certain portions of the Public Lands of Canada are made available  » for the purposes of creating a fund for the religious instruction of its  » inhabitants  » instead thereof; And the Question being put on the Amendment; the House divided: and the names being called for, they were taken down, as follow:— YEAS. Messieurs Badgley, Cameron of CORNWALL, Dickson, Malloch, Meyers, Robinson, Seymour, Sherwood of BROCKVILLE, Sherwood of TORONTO, and Stevenson.—(10.) NAYS. Messieurs Armstrong, Baldwin, Boulton of NORFOLK, Boutillier, Burritt, Cartier, Cauchon, Chabot, Chauveau, Solicitor General Drummond, Duchesnay, Fergusson, Flint, Fortier, Fournier, Fourquin, Guillet, Hincks, Holmes, Hopkins, Jobin, Johnson, Lacoste, Attorney General LaFontaine, LaTerrière, Laurin, Lemieux, Solicitor General Macdonald, Mackenzie, McConnell, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Papineau, Polette, Price, Richards, Sanborn, Sauvageau, Scott of Two MOUNTAINS, Smith of DURHAM, Smith of WENTWORTH, and Wilson.—(46.) So it passed in the Negative. And the Question being again proposed, That an humble Address be presented to Her Most Gracious Majesty, thanking Her Majesty for the gracious manner in which She has been pleased to receive the Address of this House of last Session, on the subject of the Clergy Reserves; and to assure Her Majesty of the great satisfaction which it has afforded this House, and the Province at large, to learn from the Despatch of the Right Honorable Earl Grey, Her Majesty’s Principal Secretary of State for the Colonies, communicating such Her Majesty’s gracious reception of the said Address, that it has appeared to Her Majesty’s Imperial Ministers that such Address ought to be acceded to, and that they would accordingly be prepared to recommend to the Imperial Parliament that an Act should be passed, giving to the Provincial Legislature full authority to make such alterations as they may think fit in the existing arrangements with regard to those Reserves, provided that existing interests are respected; Mr. Mackenzie moved in amendment to the Question, seconded by Mr. McFarland, That all the words after « That » to the end of the Question be left out, in order to add the words « the Clergy Reserves « originally bestowed by the Constitutional Act upon a Protestant « Clergy exclusively, having been already diverted from that purpose, « by appropriating them also to the Roman Catholic Church, it is « both warranted by past practice, and by the often expressed opinion « of the People of Upper Canada, that future Civil and Religious « tranquillity should be secured by the final diversion of these Reserves « from all Ecclesiastical and Church purpose whatever, and by their « application to a general system of Education whereby persons of « all classes in society and of all creeds in Religion will alike profit » instead thereof; And the Question being put on the Amendment; the House divided: and the names being called for, they were taken down, as follow:— YEAS. Messieurs Boulton of NORFOLK, Hopkins, Mackenzie, and McFarland.—(4.) NAYS. Messieurs Armstrong, Badgley, Baldwin, Bell, Boulton of TORONTO, Boutillier, Burritt, Cameron of CORNWALL, Cartier, Cauchon, Chabot, Chauveau, Dickson, Dumas, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Hincks, Holmes, Jebin, Johnson, Lacoste, Attorney General LaFontaine, LaTerrière, Laurin, Lemieux, Letellier, Solicitor General Macdonald, Sir Allan N. MacNab, Malloch, McConnell, Merritt, Methot, Meyers, Mongenais, Morrison, Nelson, Papineau, Polette, Price, Richards, Robinson, Ross, Sanborn, Sauvageau, Scott of Two MOUNTAINS, Seymour, Sherwood of BROCKVTLLE, Sherwood of TORONTO, Smith of DURHAM, Smith of WENTWORTH, Stevenson, and Wilson.—(56.) So it passed in the Negative. Then the main Question being put; the House divided: and the names being called for, they were taken down, as follow:— YEAS. Messieurs Armstrong, Baldwin, Bell, Boutillier, Burritt, Cartier, Cauchon, Chabot, Chauveau, Dumas, Flint, Fortier, Fournier, Fourquin, Guillet, Hall, Hincks, Holmes, Jobin, Johnson, Lacoste, Attorney General LaFontaine, La Terrière, Laurin, Lemieux, Letellier, Solicitor General Macdonald, McConnell, McFarland, Merritt, Methot, Mongenais, Morrison, Nelson, Papineau, Polette, Price, Richards, Ross, Sanborn, Sauvageau, Scott of Two MOUNTAINS, Smith of DURHAM, Smith of WENTWORTH, and Wilson.—(45.) NAYS. Messieurs Badgley, Boulton of NORFOLK, Boulton of TORONTO, Cameron of CORNWALL, Cayley, Dickson, Hopkins, Mackenzie, Sir Allan N. MacNab, Malloch, Meyers, Robinson, Seymour, Sherwood of BROCKVILLE, Sherwood of TORONTO, and Stevenson.—(16.) So it was resolved in the Affirmative. Resolved, That a Select Committee, composed of the Honorable Mr. Price, Mr. Morrison, Mr. Richards, Mr. Flint, and the Honorable Mr. Hincks, be appointed to prepare and report the draught of an humble Address to Her Most Gracious Majesty, founded on the foregoing Resolution. The Honorable Mr. Price reported from the Select Committee appointed to prepare and report the draught of an humble Address to Her Majesty on the subject of the Clergy Reserves, that they had drawn up an Address accordingly; and the same was read, as followeth:— To the Queen’s Most Excellent Majesty. Most Gracious Sovereign, We, Your Majesty’s dutiful and loyal subjects, the Commons of Canada in Provincial Parliament assembled, beg leave respectfully to thank Your Majesty for the gracious manner in which Your Majesty has been pleased to receive our Address of last Session on the subject of the Clergy Reserves; and to assure Your Majesty of the great satisfaction which it has afforded to Your faithful Commons, and the Province at large, to learn from the Despatch of the Right Honorable Earl Grey, Your Majesty’s Principal Secretary of State for the Colonies, communicating such Your Majesty’s gracious reception of our said Address, that it has appeared to Your Majesty’s Imperial Ministers that such Address ought to be acceded to, and that they would accordingly be prepared to recommend to the Imperial Parliament that an Act should be passed, giving to the Provincial Legislature full authority to make such alterations as they may think fit in the existing arrangements, with regard to those Reserves, provided that existing interests are respected. And the said Address, being read a second time, was agreed to. Ordered, That the said Address be engrossed. Address to Resolved, That an humble Address be presented to His Excellency Excellency. the Governor General, informing His Excellency that this House hath voted an humble Address to Her Majesty on the subject of the Clergy Reserves; and praying that His Excellency would be pleased to transmit the same to Her Majesty’s Principal Secretary of State for the Colonies, to be laid at the foot of the Throne. Ordered, That the said Address be engrossed. Ordered, That the said Addresses be presented to His Excellency the Governor General by such Members of this House as are of the Honorable the Executive Council of this Province. APPENDIX XXXI 1 UNION OF UPPER AND LOWER CANADA, 7 JULY, 1851.2 1 See above p. 850, 891. 2 Journals of Assembly, Canada, 1851, p. 140. Mr. Boulton of Toronto moved, seconded by the Honorable Mr. Papineau, and the Question being proposed, That this House do now resolve itself into a Committee, to take into consideration the following proposed Resolutions:— 1. That when the British Government pressed the Union of the Provinces of Upper and Lower Canada in 1840, much against the wishes of the People, the proceeding was justified as affording the readiest means of relieving Upper Canada from her financial difficulties, and restoring tranquillity to Lower Canada; and it was urged that by the establishment of a general Government more closely assimilated to that of Great Britain, the use of the same laws and the English language would unite the People by community of interest, and strengthen the feeling of attachment already existing to British Institutions and British connexion. 2. That the assent of the Representatives of the People of Upper Canada to the measure, was predicated on the continuance of the Seat of Government within the limits of the Upper Province. 3. That the assent of the People of Lower Canada was not sought, and could not have been expected upon any terms short of full justice to Lower Canada interests. 4. That the stipulation made on behalf of Upper Canada has been wholly disregarded; that the Union has signally failed in securing those objects to obtain which it was professedly brought about, and in their stead much jealousy and bitter feeling have been engendered between two Countries, from whose proximity of position and mutual dependence the kindliest feelings should have been encouraged, and which, but for that uncalled for and unhappy interference, would undoubtedly have prevailed. 5. That the People of Upper Canada are linked by the strongest ties of attachment, interest, and origin to the Mother Country; and although in Lower Canada these relations are necessarily modified by the great preponderance of inhabitants of French extraction, there is every ground for assurance that a judicious adaptation of Laws and Institutions to the local and social requirements of the two sections of Canada respectively, would perpetuate the existing connexion with Great Britain, and ensure to the Colonies that protection and support best calculated to secure their happiness and promote their advancement. 6. That the rapid increase in wealth and population of the two sections of the Province, the yearly settlement of fresh tracts of country, the creation of new Districts, the Municipal arrangements, and the extension of the Judicial system consequent thereupon, demand ready access to and the constant attention of the Government; that the vast extent of territory embraced in the present limits of Canada from the Gulf of the St. Lawrence to Lake Superior, the existing form of central Government—requiring a reference to Head Quarters on the smallest minutiae of detail, the difficulty of obtaining accurate information from remote settlements, the varied tenure of land, the social customs widely different, the frequently conflicting principles of Law and civil rights which obtain in the two sections of the Province, are well calculated to impede the action of Government and retard the advancement of the country. 7. That since the Union, every attempt to legislate for the People as a whole has been productive of dissatisfaction in one or other section of the Province, and each day’s experience shows more clearly the impracticability of carrying out the scheme of the Union under its original conditions; that the provisions adapted to one section of the Province have been found wholly inapplicable or inoperative in the other, and that the system is gradually obtaining of legislating separately for Eastern and Western Canada, as two distinct and independent Provinces. 8. That the practical effect of the Union on this separate legislation is, too frequently, to place the governing power in the hands of the minority in one section of the Province, and thereby to create a growing dissatisfaction with a system of Government which offers under no circumstances a reasonable prospect of harmonious action. 9. That it is idle to expect that an ambulatory Govornor and Council, alternate Parliaments, and shifting Offices, holding their sittings for broken and unequal periods in different parts of the Province, can fulfil any one condition essential to the harmonious working of a vigorous, stable, and impartial Government; that such a system is calculated, on the other hand, to unsettle men’s minds; it opens the door to speculation and trickery, must necessarily be attended with loss of time and waste of public money, and result in serious injury to the general interests of the Province. 10. That an humble Address be presented to Her Majesty, embodying the foregoing resolutions, and praying that Her Majesty will be graciously pleased to take the present state of Her loyal Province of Canada into Her most serious consideration, with a view of securing to the British and French population respectively, the enjoyment of such Laws and Institutions as are most conformable to the customs, usages and habits of each, and best calculated to ensure their social and moral welfare. And the Previous Question being put, That that Question be now put; the House divided: and the names being called for, they were taken down, as follow:— YEAS. Messieurs Boulton of NORFOLK, Boulton of TORONTO, Boutillier, Cayley, Chauveau, Crysler, Solicitor General Drummond1, Fournier, Fourquin, Hincks, Holmes, Jobin, Johnson, LaTerrière, Laurin, Letellier, Lyon, Malloch, Merritt, Morrison, Notman, Papineau, Price, Robinson, Sanborn, Sauvageau, Sherwood of BROCKVILLE, and Sherwood of TORONTO.—(28.) NAYS. Messieurs Armstrong, Badgley, Baldwin, Cartier, Cauchon, Chabot, Christie, Dickson, Duchesnay, Dumas, Fortier, Guilletj Attorney General Lafontaine, Lemieux, Solicitor General Macdonald, Macdonald of KINGSTON, Mackenzie, Sir Allan N. MacNab, McConnell, Méthot, Meyers, Mongenais, Nelson, Polette, Scott of Two MOUNTAINS, Stevenson, Taché, and Viger.—(28.) And the Votes being equally divided; Mr. Speaker gave his casting Vote in the Negative. APPENDIX XXXII1 RESOLUTIONS OF HON. MR. BOULTON, 10 JULY, 18512 1 See above p. 851. 2 Journals of Assembly, Canada, 1851, p. 153. The Honorable Mr. Boulton moved, seconded by Mr. Hopkins, and the Question being proposed, That this House do now resolve itself into a Committee, to take into consideration the State of the Province, with reference to the resignation of the Honorable Robert Baldwin of his seat in the Cabinet, and of his continuance to hold the subordinate office of Attorney General to which that seat has, since the Union, been attached; with an Instruction to the Committee, to consider the following proposed Resolutions, and report thereon to the House: 1. That in the first Session of the first Parliament of this Province after the Union, the Honorable Robert Baldwin moved to resolve, « That in order to preserve that harmony between the different branches of the Provincial Parliament « which is essential to the happy conduct of public affairs, the principal of such « subordinate officers, Advisers of the Representative of the Sovereign and eonsti- « tuting, as such, the Provincial Administration under him, as the head of the « Provincial Government, ought always to be men possessed of the public con- « fidence, whose opinions and policy, harmonizing with those of the Representatives of the People, would afford a guarantee that the well understood wishes  » and interests of the People, which our gracious Sovereign has declared shall be « the rule of the Provincial Government, will at all times be faithfully represented « to the head of that Government, and through him to the Sovereign and the « Imperial Parliament ». 2. That after a struggle of many years by the People of Canada through their Representatives, the principles of Responsible Government have been fully acknowledged to exist in this Province, upon the model of that system which (commencing with the Accession of the House of Hanover to the British Throne), has gradually developed its popular energies to the full exercise of the Executive powers of the State. 3. That since the recognition of this system as applicable to the management of our local affairs, the office of Attorney General, notwithstanding individual opinions to the contrary, has been regarded in every successive change of Ministry in this Province has one of the highest in the Administration of public affairs to which a seat in the Provincial Cabinet has undeviatingly been attached. 4. That upon the resignation of the Seals of Office by a Cabinet Minister in England, such resignation includes not merely his seat in the Councils of his Sovereign, but emphatically the office to which that seat may have been attached; and although it occasionally happens that upon such resignation being accepted, the Sovereign desires such Minister to continue in office ad interim until his successor shall be appointed, yet such continuance entails upon the retiring Minister all the political responsibilities of the Cabinet and of which he cannot relieve himself so long as he continues, however temporarily, to discharge the duties of his official station. 5. That the resignation of the Honorable Robert Baldwin, of his office of Attorney General, and his seat in the Cabinet, having been accepted by His Excellency the Governor General, as communicated to the Legislative Assembly by that Honorable Gentleman in his place in this House, on Monday the 30th June last, it is in violation of the principles which he himself has heretofore advocated, and at variance with the usage of British Statesmen which he on all occasions has professed to regard as his guide in questions of a constitutional character, that he should in his person separate the subordinate office of Attorney General from his seat in the Provincial Cabinet, thereby retaining the emoluments and discharging the duties of his high office in subordination to his former colleagues, while he exonerates himself from that responsibility, which in the first Session of the first Parliament of United Canada he so emphatically declared should attach to the principal subordinate officers, Advisers of the Representative of the Sovereign; APPENDIX XXXIII1 MEMORANDUM OF P. SMITH2 1 See above, p. 266. 2 W.O. 1, 599, pp. 357-363. 768 CANADA, MILITARY. Before the accompanying Letter is sent to the Admiralty I am desirous of placing under Lord Grey’s notice a short history of the present Naval Armament on the Lakes of Canada. In the year 1817 a special arrangement was entered into at « Washington by the late Sir Charles Bagot on behalf of the British Government, and by Mr Rush on behalf of the American Government, having for its object to restrict both Governments from employing on the Lakes a greater number of vessels than was specified in that arrangement of which a copy is subjoined.  » The Naval force to be maintained on the American Lakes by His  » Majesty and the Government of the United States shall henceforth be con-  » fined to the following Vessels on each side, that is,  » On Lake Ontario to one Vessel not exceeding one hundred tons burthen,  » and .armed with one eighteen pound Cannon. »  » On the Upper Lakes to two Vessels, not exceeding like burthen each, and  » armed with like force. »  » On the Waters of Lake Champlain to one Vessel not exceeding like  » burthen and armed with like force. »  » All other armed Vessels on these Lakes shall be forthwith dismantled, and  » no other Vessel of War shall be there built or armed. »  » If either party should hereafter be desirous of annulling this stipulation,  » and should give notice to that effect to the other party, it shall cease to be  » binding after the expiration of Six months from the date of such notice. »  » The Naval force so to be limited shall be restricted to such services as will  » in no respect interfere with the proper duties of the armed Vessels of the other  » party. » It is to be collected [sic] that the above arrangement was observed by both Governments until the state of affairs in Canada, in the beginning of the year 1838, made it necessary for the British Government to establish an armed Flotilla on the Lakes for the defence of the Province. Measures were accordingly taken for that purpose. Subsequently, with the concurrence of the Secretaries of State, Lord John Russell and Lord Palmerston, Steam Vessels were built or purchased, and thus in June 1840 the Naval Officer Commanding on the Canadian Waters had three Steamers under his Orders, and one unfinished:— The Traveller and the Experiment For the Service of Lake Ontario. The Toronto For the Service of Lake Erie. and the Minos intended for Lake Erie likewise. These Vessels appear to have been suffered gradually to become unserviceable, so that when the critical state of our relations with the United States of America in 1845 and 1846 required that we should be provided with the means of eventually asserting superiority on the Waters of Canada, it was deemed absolutely necessary to apply to the Niagara Harbour and Dock Company, as well as to a private Individual, (Captain Sutherland) for their assistance in building three Steamers. Considerable sums were accordingly advanced on that account, a power being reserved to the Government of purchasing the Vessels eventually if they should be required for public service. The negociations with these parties were stimulated indeed by the consideration that the Americans, disregarding the engagements which they had contracted in 1817, if not perhaps in same measure influenced by our proceedings in 1838, had been quietly, but actively, employed in building sundry Vessels of various dimensions in their Ports on the Lakes, and although Her Majesty’s Minister at Washington was instructed to remind the United States Government of the arrangement in question, the result of his exertions was only to ascertain practically, although not officially, and in terms, that the arrangement in question was no longer considered to be applicable, but that whatever Vessels had been constructed were intended for the service of the Revenue Department. The adjustment of our differences with the United States has rendered it unnecessary to exercise the power reserved to the Admiralty to purchase the three Steamers built by the Niagara Company and by Captain Sutherland. But as the Admiralty have still three steamers on the Lakes, namely;— Tons Horse power The Minos (mentioned at Page 3) 406 90 The Cherokee 750 200 Mohawk 174 60 1330 350 which are capable of affording room to a limited number of Troops, but not of accomodating them properly, two questions naturally arise;—1 1st What is the nature of the orders or arrangements under which the Admiralty, as an Executive Department of the Government, is authorized to maintain these three Steamers on the Lakes of Canada,t and;— 2ndly Whether those orders are of a nature to exclude the employment of efficient Vessels capable of carrying Troops, and thus of relieving the public from the charge of hiring private ships to perform that Service when required. The present Winter Season affords a favorable opportunity for obtaining through a confidential channel an authentic account of the number and strength of the Vessels which the American Government may have built on the Lakes, so as to enable Her Majesty’s Government to determine how far it may have become proper or necessary to modify, increase, or diminish our present flotilla, either with reference to the preparations of the Americans, or to the actual wants of Her Majesty’s Service. P. S. 20 Oct: 1At this point in the text there is a cross and, in another hand is written « Stop. » t I believe the truth to be that the Board of Admiralty 1838 equipped this flotilla without orders from any department of the State—PS. INDEX ABBOT, J. J. C.—signs annexation manifesto, 1493. ABERDEEN, GEORGE HAMILTON GORDON, 4th EARL OF—comment of Elgin on, 372. ACCOUNTS—Elgin suggests means of settling, 124-125; proposal of Hineks on, 287; proposal cannot be entertained, 297-298. ADAMS, ELIAS—is of committee for reception of Governor, 498-499. ADAMS, JOHN QUINCY— Colonial Advocate to be sent free to, 1066. ADAMS, JOSHUA—foreman, Bathurst Grand Jury, 540. ADAMS, R.—signs annexation manifesto, 1493. ADAMSON, REV. W —(Chaplain, Legislative Council) salary, 388; present at dinner to La Fontaine, 901. ADDINGTON, H. W,—extract from communication on reciprocity negotiations, 165 n. ADDISON—(Leeds County) represented at Leeds & Grenville demonstration, 478. ADDRESS TO AGRICULTURAL SOCIETY OF UPPER CANADA, from millers of St. Catherines—quotations from, 1194, 1196. — TO WESLEYAN CONFERENCE OF GREAT BRITAIN from Wesleyan Conference of Canada—694-696; transmitted by Elgin, 689. — See also Adresse. ADDRESSES, ELECTORAL—references to immigration in (1847) 103; Brown to electors of Kent & Lambton, 969-972; transmitted by Elgin, 969; Constituents of Norfolk to Rolph, 973; Cowan to electors of Leeds, 868-869; transmitted by Elgin, 868; Merritt to electors of Lincoln, 632; transmitted by Elgin, 631; Papineau to electors of Montreal (18Z0), quotation from, 428-429; Rolph to electors of Norfolk, 974- 975; transmitted by Elgin, 969; Wilson to electors of London, 567-572; transmitted to Bruce, 567; transmitted by Elgin, 566. See also Adresse. — TO GOVERNOR, FROM ASSEMBLY— on rebellion losses, 1845, 1465; comment of Elgin on, 1465-1466; in answer to speech from throne, 1847, report of proceedings on, 49, 51, amendment to 49 n; on arrival of Countess of Elgin, 1847, carried, 49; for formation of strong administration, 1847, majority against, 51; on office of Civil Secretary, 1847, majority against, 51; in answer to speech from throne, 1848, Elgin expects ministry to be defeated on, 122; comment on amendment, 129, 134; in answer to speech from throne, 1849, proceedings on, 289; on amnesty, 1849, proceedings on, 288-289; on removal of seat of Government, 1849, 362 re; transmitted, 362; comment of Elgin on, 453, 578; action of ministry, 523, 578; on rebellion losses riots, 1849, transmitted by Elgin, 1462; in answer to speech from throne, 1850, delay in passing, 663, 665; on retrenchment, 1850, 669 n. — TO GOVERNOR, FROM LEGISLATIVE COUNCIL—in answer to speech from throne, 1849, Members wait on Governor with, 295; on rebellion losses riots, 1849, 1474; in answer to speech from throne, 1850, passed with division, 664; on Church of England University, 1851, transmitted by Elgin, 836; votes on, 836; — TO GOVERNOR, PRESENTED DURING TOUR OF CANADA WEST, 1849—from inhabitants of Brantford, 512-514; reply to, 514; from Conservatives of Brantford, 514-515; reply to, 515; other addresses read at Brantford, 516; farewell address from Brantford, 483-484; from Bytown, passed at meeting, 506-507; disturbances over, 502-508; comment of Grey on, 517; from inhabitants of Dunnville, 487; from inhabitants of Niagara District, 499-500; presented, 472-473; reply to, 500-501; from Niagara District Council, 486; farewell from county of