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ELEVENTH REPORT

OF THE

BUREAU OF ARCHIVES

FOR THE

PROVINCE OF ONTARIO

BY ALEXANDER FRASER, M.A., LL.D., Litt. D., F.S.A. Scot. (Edin.) F.A.G.S.

Provincial Archivist

1914

PRINTED °Y ORDER OF THE LEGISLATIVE ASSEMBLY OF ONTARIO

TORONTO: Printed and Published by A. T. WILGRESS, Printer to the King’s Most Excellent Majesty 1915

Printed by _ WILLIAM BRIGGS Corner Queen and John Streets TORONTO

To His Honour CoLoneL Sir JoHN STRATHEARN HeEnprig, K.C.M.G., C.V.O., Ineutenant-Governor of the Province of Ontario. May ir PLease Your Honovr:

I have the pleasure to present herewith for the consideration of Your Honour the Report of the Bureau of Archives of Ontario for 1914.

Respectfully submitted,

T. W. McGARRY,

Treasurer of Ontarvo. Toronto, 1915.

il

The Honourable THOMAS WILLIAM McGARRY, K.C., M.P.P., Erc.

Treasurer of Ontario.

Sir,—I have the honour to submit to you the following Report in connection with the Bureau of Archives for the Province of Ontario.

I have the honour to be, Sir,

Your obedient servant,

1

ALEXANDER FRASER,

- : Provincial Archivist. Toronto, 31st December, 1914.

CONTENTS

Letters of Transmission Prefatory Journals of Upper Canada : Legislative Assembly, 1821-22 ns 1823 cS fs 1823-24 Appendix I—Journals of the House of Assembly, U. C.—Accounts for 1823

HRRATA—Page 199, for ‘‘ the third year ’”’ read “the fourth year.”

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PAGE iii and iy

Vii

199 433 691 729 759

EX REBUS ANTIQUIS ERUDITIS ORIATUR

Report

OF THE

Ontario Bureau of Archives

PREFATORY

This volume brings the publication of the Journals of the Legislative As- sembly of Upper Canada to the year 1824. From 1825, onward, while printed copies are scarce, they are available for official purposes, and therefore with next year’s Report, which will be devoted to the J ournals of the Legislative Council of Upper Canada—complementary to those of the Legislative Assembly—this series will have been completed.

As has been pointed out in former volumes, the originals of the early Journals were lost and those printed by the Ontario Archives are certified copies of the copies sent by the Lieutenant-Governor of Upper Canada to the British Government. Of these there are missing those for the years 1794 (partly), 1795, 1796, 1797, 1809, 1813, 1815. The remainder, from 1792 to 1821, were published by the On- tario Archives in the years 1909, 1911, 1912, 1913, and from 1821 to 1824, in 1914, as Parts I, II, III, IV and V of the L. A. Series. The Report for 1910 consisted of the Journals of the Legislative Council (L.C.) the continuation of which will appear next year.

In addition to the Journals, this Report contains three appendices of excep- tional value.

The first contains a statement of the Inspector General’s Accounts for Upper Canada for 1823, and properly (belongs to the Proceedings of the House for that year given in this volume. But they did not form part of the original Journal, and were discovered only after the MS. had gone to press.

The second contains the accounts of the Receiver-General of Upper Canada for the year 1801, and the third the accounts of the Receiver-General of Upper Canada for 1802, very interesting documents, both of which were found barely in time to be included in this volume, the publication of which was thereby de- layed.

ALEXANDER FRASER,

Provincial Archivist.

vil

The Journals

OF THE

LEGISLATIVE ASSEMBLY

OF

Upper Canada

FOR THE YEARS 1821,:1822, 1823, 1824

VOLUME FIVE

Ontario Archives 1914

JOURNAL

OF THE

HOUSE OF ASSEMBLY

oO

UPPER CANADA

From the Twenty-First day of November,

1821,

to the Seventeenth day of January, 1822,

Being the second session of the Eighth Provincial Parliament in the second year of the Reign of KING GEORGE THE FOURTH.

J OURNAL

OF THE

HOUSE OF ASSEMBLY

OF UPPER CANADA 1821-1822. PROCLAMATION.

UPPER CANADA. P, MAITLAND.

George the Fourth, by the Grace of God, of the United Kingdom of Great ‘Britain and Ireland, King, Defender of the Faith.

To our Beloved and Faithful Legislative Councillors of Our Province of Upper Canada, and to Our Knights, Citizens and Burgesses of Our said Province to Our Provincial Parliament at Our Town of York, on the twenty second day of May instant to be commenced, held, called and elected, and to every of you, Greeting.

Whereas on the fourteenth day of April last we thought fit fo prorogue our Provincial Parliament to the twenty-second day of May instant, at which time at Our Town of York you were held and constrained to appear; now know ye that we, taking into Our Royal consideration the ease and convenience of Our Loving Subjects, have thought fit, by and with the advice of our Executive Council to re- lieve you and each of you of your attendance at the time aforesaid, hereby con- voking and by these presents enjoining you and each of you, that on Saturday the thirtieth day of June next ensuing you meet us in Our Provincial Parliament in Our Town of York, there to take into consideration the state and welfare of Our Province of Upper Canada, and therein to do as may seem necessary, and herein fail not.

In testimony whereof we have caused these our letters to be made patent, and the Great Seal of Our said Province to be hereunto affixed.

Witness Our Trusty and well beloved Sir Peregrine Maitland, Knight, Com- mander of the Most Honorable Military Order of the Bath, Lieutenant Governor of Our said Province, and Major General Commanding Our Forces therein, at York, this sixteenth day of May, in the Year of Our Lord One Thousand Eight Hundred and Twenty-one, and in the Second year of Our Reign. P. M.

By His Excellency’s Command, D. Cameron, Secretary.

J. B. Robinson, Atty. General.

By a further proclamation of His Excellency, Sir Peregrine Maitland, K.C.B., Lieutenant Governor of the Province of Upper Canada, dated the twenty-third day of June, one thousand eight hundred and twenty-one, the meeting of the Legislative Council and House of Assembly stands further prorogued to the eighth day of August next ensuing.

[1]

2 21st NovuMBER. 1821

By a further proclamation of His Excellency Sir Peregrine Maitland, K.C.B., Lieutenant Governor of the Province of Upper Canada, dated at York, the first day of August, One thousand eight hundred and twenty-one, the meeting of the Legislative Council and House of Assembly stands further prorogued to the seventeenth day of September, next ensuing.

By a further proclamation of Sir Peregrine Maitland, K.C.B., Lieutenant Governor of the Province of Upper Canada, dated the tenth day of September, One thousand eight hundred and twenty-one, the meeting of the Legislative Council and House of Assembly stands further prorogued to the twenty-fifth day of October next ensuing. f

PROCLAMATION.

UPPER CANADA. P, MAITLAND.

George the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith.

To Our Beloved and Faithful Legislative Councillors of Our Province of Upper Canada, and to Our Knights, Citizens and Burgesses of Our said Province to Our Provincial Parliament at Our Town of York, on Thursday, the Twenty- fifth day of October instant, to be commenced, held, called and elected, and to every of you, Greeting.

Whereas by Our Proclamation bearing date the Tenth day of September last, we thought fit to prorogue Our Provincial Parliament to the Twenty-fifth day of October instant, at which time at Our Town of York you were held and constrained to appear. Now know ye, that we, taking into Our Royal Consideration* the ease and convenience of Our Loving Subjects, have thought fit, by and with the advice of Our Executive Council to relieve you and each of You of your attend- ance at the time aforesaid, hereby convoking, and by these presents enjoining you and each of you that on Wednesday, the Twenty-first day of November next ensuing you meet us in Our Provincial Parliament in Our Town of York, for the actual dispatch of public business, then to take into consideration the state and welfare of Our Province of Upper Canada, and therein to do as may seem necessary; and herein fail not.

In testimony whereof we have caused these our Letters to be made patent, and the Great Seal of Our said Province to be hereunto affixed. Witness Our Trusty and Well Beloved Sir Peregrine Maitland, Knight, Com- mander of the Most Honorable Military Order of the Bath, Lieutenant Governor of Our said Province, and Major General Commanding Our Forces therein, at York, this Fifteenth day of October, in the Year of Our Lord One Thousand

Hight Hundred and Twenty-One, and in the Second of Our Reign. Peis

J. B. Robinson, Atty. Genl. By His Excellency’s Command, D. Cameron, Secretary.

Wednesday, 21st November, 1821.

The House met: Prayers were read: At three o’clock the Gentleman Usher of the Black Rod, Mr. Lee, brought down the commands of His Excellency the Lieutenant Governor for the im-

mediate attendance of the Speaker and the House at the Bar of the Legislative Council Chamber. .

*

Xs Gro. LV. 21st NovempBur. 3 ae Ne eee

Mr. Speaker and the Members present then went up to the Legislative Council Chamber and returned.

Mr. Speaker reported that His Excellency had been pleased to open the Session with a Speech to both Houses, of which, to prevent mistakes, he had obtained a copy.

Ordered, that the Speech be read, and it was read as follows:

Honorable Gentlemen of the Legislative Council and Gentlemen of the House of Assembly:

I regret to be under the necessity of informing you that Our Commissioners for adjusting our financial interests with Lower Canada have found it impracti- cable to establish a new agreement on terms which they could regard as com- patible with our just claims. A suspension of receipt has thus unavoidably occurred in that very material branch of our Revenue, which accrues from our proportion of the duties collected at the Port of Quebec.

Deeply as I felt the importance of this embarrassing result, I would not overlook the Public Convenience of having recourse to your counsel at a period when your absence from your several Districts might have materially interfered with the administration of Justice; but measures were resorted to for obviating as much as possible the difficulties which in this conjuncture unavoidably occurred.

I have now directed that the papers relative to the Proceedings of the Com- missioners shall be immediately submitted to you, and I recommend the con- sideration of this important subject to your earliest attention.

Gentlemen of the House of Assembly: The Public Accounts, with the Esti- mates #r the ensuing year, shall be laid before you without delay. It is satis- factory to observe that Our internal Revenue, small as it is, and altogether unequal to our exigencies, has not decreased during the last year, notwithstanding the general depression of Trade and Agriculture. Henceforward the annual expendi- ture will be considerably lessened by the reductions which have been made in the Militia Pension List under your last Act, and in availing myself of the Provision enabling me to borrow on debenture the sum required to discharge the crrearages due on that head, I was gratified in finding that the negotiation of the loan was immediately effected within the Province.

Honorable Gentlemen and Gentlemen: The important matters I have already alluded to as inducing me to call you thus early together, will demand your first and chief consideration, for until we are relieved from the interruption in the receipt of our principal Revenue, the means of advancing public improvement must necessarily be much circumscribed.

There are doubtless other matters, however, on which your deliberations may be occupied with advantage to Your Fellow Subjects.

Looking to the situation of our Agricultural interests, I cannot but feel desirous it might be found possible to afford some effectual encouragement to the experiment of cultivating hemp and such other productions as would find a more constant and profitable demand in the parent State.

You may' be assured that I am always inclined to co-operate heartily with you in any measure in which my duty and judgment will allow me to concur, and I desire to impress upon you that a continuance of unanimity between the different branches of the Legislature is necessary to create confidence in our measures and give weight to our representations.

Mr. Robinson, seconded by Mr. Ruttan, moves that Messrs. Hagermann, McDonell, Crooks and Kerr be a Committee to draft an Address in answer to

4 22nd NOVEMBER. 1821

the Speech of His Excellency the Lieutenant Governor at the opening of this Session. Which was carried. The House then adjourned.

Thursday, 22nd November, 1821.

The House met: Prayers were read: The Minutes of yesterday were read.

Mr. Attorney General gives notice that he will on Monday next, move for leave to bring in a Bill respecting the sale of lands and tenements in execution.

Mr. Atterney General gives notice that he will move on Monday next for leave to bring in a Bill to continue the Act for making provision for certain Sheriffs in this Province.

Mr. Hagermann, seconded by Mr. Shaver, moves that Messrs. Baldwin,.Ruttan, and Hamilton of Wentworth be a Committee to inquire and report to the House what Provincial Acts are about to expire. Which was carried.

Mr. Baldwin gives notice that he will, on Monday next, move for a Com- mittee to inquire into the state of the Public Posts for conveyance of letters throughout this Province, how far the present system is sanctioned hy law, and in how far the same may be beneficially altered.

Mr. Crooks gives notice that he will, on Tuesday next, move for leave to bring in a Bill to extend the provisions of the laws now in force for laying out, amending and keeping in repair the Highways and roads in this Province.

Mr. Hagermann gives notice that he will on Wednesday next move for leave to bring in a Bill to alter and amend the laws now in force relative to the registry of titles to lands within this Province.

Mr. Ruttan gives notice that he will, on Wednesday next, move for leave to bring in a Bill to reduce to one Act of Parliament the several laws now in force relative to the appointment and duty of Parish and Town Officers throughout the Pro- vince, and to amend and make further provision for the same.

Mr. Baldwin gives notice that he will to-morrow move that the House do resolve itself into a Committee of the Whole, to take into consideration the Report of the Committee of last Session of the 28th March, on the subject of the accommodation of the buildings and offices of the Legislature.

Mr. Hagermann gives notice that he will, on to-morrow, move that the Resolu- tion of the House of the 5th February last, ordering that henceforward any Member who shall introduce a Bill or Petition shall form one of the Committee to whom it may be referred, without being named by the House, and also that the order of the House of the Sixth February last relating to the hour of meeting be rescinded.

Mr. Attorney General gives notice that he will on to-morrow move for the appointment of a Committee to examine and report upon all such Petitions as may require to be referred to a Special Committee during the present Session.

Mr. Attorney General, seconded by Mr. McDonell, moves for leave to bring up the Petition of Timothy Storing and others, Freeholders of the Incorporated Counties of Lenox and Addington. Which was carried, and the Petition brought up.

Mr. Attorney General gives notice that he will move, on Thursday next, for leave to bring in a Bill to amend an Act passed in the thirty-seventh year of His Late Majesty’s Reign, for the better regulating the practice of the law.

Mr. Robinson, of the Committee to draft an Address to His Excellency the

Lieutenant Governor’s Speech, reported a draft, which was received and read the first time.

Gro. LY. 22ND NOVEMBER, 5

a

Mr. Robinson, seconded by Mr. Kerr, moves that the fifth Rule of the House be dispensed with as far as relates to the Address in answer to the Speech to His Excellency the Lieutenant Governor at the opening of this Session, and that it be now read a second time. Which was carried, and the Address was. read tne second time.

Mr. Robinson, seconded by Mr. Kerr, moves that the House do now go into Committee, to take into consideration the answer to the Speech of His Excellency the Lieutenant Governor at the opening of this Session. Which was carried, and Mr. Kerr took the Chair of the Committee.

The House resumed. Mr. Kerr reported the Address as amended. Ordered that the Report be received.

Mr. Robinson, seconded by Mr. Willson, of Prince Edward, moves that the answer to His Excellency the Lieutenant Governor’s Speech at the opening of this Session be engrossed, and read a third time this day. Which was ordered, Ba the Adress was read the third time, passed, and signed by the Speaker as

ollows:

To His Excellency, Sir Peregrine Maitland, Knight Commander of the Most Honorable Military Order of the Bath, Lieutenant Governor of the Province of Upper Canada, and Major General Commanding His Majesty’s Forces therein.

May it please Your Excellency :—

We, His Majesty’s Dutiful and Loyal subjects, the Commons of Upper Canada in Provincial Parliament assembled, beg leave to offer to Your Excellency our most humble thanks for your gracious Speech from the Throne at the opening of the present Session.

While we gratefully acknowledge Your Excellency’s consideration in defer- ring the call of the Legislature to a period when their assembling would least materially interfere with the public interest and convenience, we are deeply sensible of the importance of the exigency on which Your Excellency has been graciously pleased to desire our counsel.

It is with extreme regret that we learn from Your Excellency that it has been found impracticable to adjust our financial interests with Lower Canada by establishing a new Agreement on terms which our Commissioners could regard as compatible with the just claims of this Province. The consequent suspension of the receipt of that very material branch of our Revenue which accrues from our proportion of the duties collected at the Port of Quebec, places this Province in a very embarrassing situation, from which we are aware any means Your Excellency may have been able to resort to can afford but a partial and temporary relief. The Proceedings of the Commissioners when laid before us, and the important interests involved in their result, shall engage our earliest and most earnest attention.

We shall not fail to give due consideration to the Public Accounts, and to the Estimates for the ensuing year. It is satisfactory to learn that in the present general depression of Agriculture and Trade our Interna] Revenue, incon- siderable’ as it is, when compared to the exigencies of the Province, has not decreased during the last year.

The reduction in the annual expenditure which will be produced by the operation of the late Act for the revision of the Militia Pension List, and the facility with which the authorized loan required for discharging the arrearages due on that head, has been negotiated within this Province, are subjects of just congratulation, in which we humbly unite with Your Excellency.

Entirely convinced of the necessity of applying our chief consideration to

6 23RD NOVEMBER. 1821

the important matter which has induced Your Excellency to call us thus early together, it will be our first care to seek relief from the interruption in the receipt of our Provincial Revenue, by which the means of advancing public improvements are at present so much circumscribed. Other matters will necessarily engage a portion of our attention, among which none can be more important than the possibility suggested by Your Excellency of affording effectual encouragement to such of our productions as we hope may find a profitable and certain demand in the Parent State. :

We beg to assure Your Excellency that we are fully convinced of Your Excellency’s constant desire to promote by every means in your power the pros- perity of this Province, and that in co-operating with the other branches of the Legislature in any measure they may devise Your Excellency will be at all times governed entirely by your sincere opinion of their wisdom and expediency. With unfeigned desire that in our deliberations we may consult equally the just interests of our Constituents and the Honor of His Majesty’s Government, we trust we shall evince the conviction we feel that a continuation of unanimity between the different branches of the Legislature is necessary to create confidence in their measures, and to give weight to their representations.

Mr. Robinson, seconded by Mr. Hagermann, moves that Messrs. Wilmot and Ruttan be a Committee to wait upon His Excellency the Lieutenant Governor, to acquaint him that this House have prepared an answer to his Speech at the opening of this session, which they are ready to present whenever he shall be pleased to receive the same. Which was ordered.

The House then adjourned until ten o’clock to-morrow.

Friday, 23rd November, 1821.

The House met: Prayers were read: The Minutes of yesterday were read.

Agreeably to notice, Dr. Baldwin, seconded by Mr. Hagermann, moves that the House do now resolve itself into a Committee of the Whole, to take into consideration the Report of the Committee of the 28th March last in the last Session, relative to the accommodation of the Chambers of the House of Assembly. Which was carried, and Mr. Clark was called to the Chair of the Committee.

The House resumed. Mr. Clark reported that the Committee had risen.

Agreeably to notice, Mr. Hagermann, seconded by Mr. Shaver, moves that the Rule of this House of the 5th February last, ordering that any Member who shall introduce a Bill, Petition or Motion upon any subject which may be referred to a Committee, shall be one of the Committee without being named by the House and also the Rule of this House of the 6th February last, relative to the hour of meeting, be rescinded.

In amendment, Dr. Baldwin, seconded by Mr. Randal, moves that so much of the original motion as included between the words “that” and “the” be expunged. Which was carried.

The Original motion as amended was then put and carried.

Dr. Baldwin gives notice that he will, on to-morrow, move an Address to His Excellency, requesting His Excellency will be pleased to inform this House the result of the Joint Address of both Houses last Session to His Majesty on the subject of our Commercial Relations with Lower Canada, and also on the subject of claims for losses sustained during the late war. .

~<a 0

; Gro. LV. 247TH NOVEMBEX. v

a eR ee

Mr. Casey gives notice that he will, on Tuesday next, move for leave to bring in a Bill to alter and amend the laws now in force relative to the practising of Physic and Surgery in this Province.

The House then adjourned till two o’clock. At two o’clock the House met pursuant to adjournment.

The House then proceeded to His Excellency the Lieutenant Governor with the Address in answer to His Excellency’s Speech at the opening of the Session and being returned:

Mr. Speaker reported the same, and that His Fixcellency had been pleased to make thereto the following reply.

Gentlemen of the House of Assembly: Nothing could be more satisfactory to me than the general expression of this Address, and the particular assurance that you will give your earliest and most earnest attention to the important objects which I have recommended to your attention.

The House then adjourned till ten o’clock to-morrow.

Saturday, 24th November, 1821.

The House met: Prayers were read: The Minutes of yesterday were read.

Agreeably to the order of the day, petition No. 1 was read.

Mr. Attorney General, seconded by Mr. McDonell, moves that the Petition of Timothy Storing and other Freeholders of the incorporated Counties of Lenox and Addington, having been read, be entered on the Journals. Which was carried, and is as follows:

To the Honorable the House of Assembly of the Province of Upper Canada, in Provincial Parliament assembled.

The Petition of the undersigned, Freeholders of the Incorporated Counties of Lenox and Addington, in the Midland District.

Humbly' Sheweth: That by virtue of a Writ issued in the usual form to John McLean, Esquire, as Returning Officer, the Freeholders of these Incor- porated Counties were called on to choose a Member to supply in Parliament the place of Daniel Hagerman, Esq., deceased. That the said election was accord- ingly held at the village of Bath, on Monday the fifth day of November last, and that the poll was kept open by a contest between Mr. John Church and Mr. Barnabas Bidwell until the succeeding Saturday, when the latter having a majority of forty-nine votes was declared duly elected.

Your Petitioners humbly beg permission to call the attention of Your Honor- able body to the qualification of the person thus returned to represent the siid Counties of Lennox and Addington.

They Respectfully represent that though the said Barnabas Bidwell may have resided in this Province during the necessary time, and have also become possessed of the amount of property legally required in a candidate, Your Peti- tioners are induced to believe, and indeed are fully convinced that there are circumstances connected with his character which render him utterly unworthy of the high honor of sitting in your august House. That at the period when the said Barnabas Bidwell first came into this Province, which was about ten years ago, divers reports highly discreditable to his character were in circulation respecting the cause of his quitting the United States. That the said Barnabas Bidwell formerly held the office of Treasurer of the County of Berkshire in his native State of Massachusetts, and that in the discharge of the duties of which office it was asserted in the newspapers of the American Union, without con-

8 247rH NOVEMBER. 1821

tradiction, and generally believed, that the said Barnabas Bidwell had been guilty of a misapplication of the Public Funds entrusted to his care, and that having unsuccessfully attempted to cover this breach of his public duty, by an erasure in his accounts, he was compelled precipitately to abandon his native State, and, pursued by a Proclamation of the Governor, offering a reward for his apprehension, to flee for refuge beyond the jurisdiction of the Federal Laws into Canada. Your Petitioners fear not to assert that these circumstances are notorious, and that they remain uncontradicted and generally credited, as well in this Province as within the limits of the American Union. :

Your Petitioners beg leave further to represent that the said Barnabas Bidwell, though now claiming to be a natural born subject of our Most Gracious Sovereign, remained in the revolted colony during the whole of the Rebellion that terminated in the acknowledgment of their independence and an absolution of their allegiance to the British Government, and that he afterwards, as a citizen. of the United States, became a Member of Congress, an Attorney General of the State of Massachusetts, and a Treasurer of the County of Berkshire in the same State.

That previously to entering on the duties of any of the above situations he was compelled by the Constitution of the State of Massachusetts to take an oath to the following effect.

I, A. B., do truly and sincerely acknowledge, profess, testify and declare that the Commonwealth of Massachusetts is, and of right ought to be, a Free, Sovereign and Independent State; and I do swear that I will bear true faith and allegiance to the said Commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatever, and that I do renounce and abjure all allegiance, subjection and obedience to the King, Queen or Govern- ment of Great Britain, as the case may be, and every other Foreign Power whatsoever; and that no foreign Prince, persons, prelate, State or Potentate, hath or ought to have any jurisdiction, superiority, pre-eminence, authority dis- pensing or other power in any matter civil, ecclesiastical or spiritual, within this Commonwealth, except the authority and power which is or may be vested by their constituents in the Congress of the United States; and I do further testify and declare that no man or body of men hath or can have any right to absolve or discharge me from the obligation of the oath, declaration or affirmation, and that I do make the acknowledgment, profession, testimony, declaration, denial, renunciation and abjuration heartily and truly, according to the common - meaning and acceptation of the foregoing words, without any equivocation, mental evasion or secret reservation whatsoever. So Help Me God.”

That when the said Barnabas Bidwell was called on during the late War to take the oath of allegiance to His Britannic Majesty, he, bearing no doubt in mind his previous oath, remarked, that he did not consider it binding, as it was compulsory, a fact which can be proved by the Magistrates who administered the oath.

Your Petitioners therefore, considering all these circumstances as undeniable, and that they morally incapacitate the said Barnabas Bidwell as a Member of our Provincial Parliament, and considering the disgrace which will justly attach itself to this Province and to your Petitioners in particular, should persons void of reputation or moral character be allowed to intrude themselves into Your respected and Honorable House, beg leave most reverently to call the attention of Your Honorable Body to this case, and entreat, should the statements above made be sustained, as Your Petitioners are convinced they can be by satisfactorv

Gro. IV. 247TH Novemwprn. 9 eer ee eA ee

proof, Your Honorable House will declare the Election of the said Barnabas Bidwell to be null and void, and thus preserve pure and unsullied the dignity of Your Honorable House. : And Your Petitioners, as in duty bound, will ever pray. (Signed by) Timothy Storing and 125 others. Fredericksburgh, Nov. 17, 1821.

Agreeably to notice, Mr. Attorney General, seconded by Mr. McDonell, moves that Messrs. Willson, of Wentworth, McMartin, McLean, of Stormont, Hagerman and Burwell be a Committee to examine and report upon all Petitions which may be required to be referred to a Special Committee during the present Session. Which was lost.

Mr. Secretary Hillier brought down from His Excellency the Lieutenant Governor a message with the Public Accounts, also a message with the Report of the Commissioners to Lower Canada, and having withdrawn the messages were read as follows:

P. Maitland.

In transmitting to the Commons House of Assembly the Public Accounts and a statement of the Receipt and Expenditure, together with the Estimates for 1822, the Lieutenant Governor thinks fit to call the particular attention of the House to the circumstance that a large portion of the actual expenditure sanc- tioned by the Legislature has been made from funds supplied on his personal responsibility, and that (contemplating the doubtful receipt of our proportion of the Revenue derived from the Port of Quebec) he may find it necessary to provide for the Public Service of the ensuing year in like manner, consequently that the future receipt of the averages from that source must be liable to deduc- tion equal in amount to the advances that have been or may be procured in order to carry on the Public Service.

Government House, 24th November, 1821.

UPPER CANADA.

Schedule of Accounts and Estimates prepared to be laid before the Pro- vincial Legislature in the 2nd Session of the 8th Parliament.

No. 1. Account of Revenue from Shop, Tavern, Still and Wholesale Dealers Licenses, from the 5th of January to the 21st November, 1821.

No. 2. Names of persons licensed as Shop-keepers, from 5th January, to 21st November, 1821.

No. 3. Names of persons licensed as Inn-keepers, from 5th January to 21st

November, 1821. No. 4. Names of persons licensed as Distillers, from 5th January to 21st

November, 1821. No. 5. Names of persons licensed as Wholesale Dealers from 5th January to

21st November, 1821. :

No. 6. Account of Revenue from Duties on Imports from the United States from the 1st of January to the 21st November, 1821.

No. ¥. Account of Revenue from Licenses to Hawkers and Pedlars from the 31st of January to the 21st of November, 1821.

No. 8. Account of Tonnage Duty collected from ist of January to 21st

November, 1821.

#

10 24rH NoOvyEMBER. 1821

No. 9. Account. of Revenue from Licenses to Auctioneers, and Duty from sales at Auction from Ist January to 21st November, 1821.

No. 10. General statement of the Receiver General’s Receipts and Payments from 1st January to 30th of June, 1821.

No. 11. Statement of the Receiver General’s Receipts and payments from Ist July to 21st November, 1821.

No. 12, Abstract account of Warrants issued to the 30th June, 1821.

No. 18. Abstract accounts of Warrants issued to the 21st November, 1821.

No. 14. Schedule of payments to the Receiver General to 21st November, 1821.

No. 15. General :\Estimate for the year 1822.

No. 1%. Abstract of sums payable to complete 1821.

No. 18. Account of moneys outstanding in the hands of Collectors and Inspectors.

J. Basy, Inspr. Genl. Inspector General’s Office, 21st November, 1821.

P. MAITLAND.

The Lieutenant Governor transmits to the Commons House of Assembly a copy of the Report made to him by the Commissioners appointed for the renewal of the Provisional Agreement between this Province and Lower Canada, on the subject of Duties collected at the Port of Quebec.

Government House, : 24th November, 1821.

Report of the Commissioners of the Province of Upper Canada, appointed by His Excellency, Sir Peregrine Maitland, K.C.B., Lieutenant Governor of the Province of Upper Canada, and Major General Commanding the Troops in the said Province; under the authority of an Act of the Parliament of the said Province.

May it please Your Excellency: The Commissioners on the part and behalf of the Province of Upper Canada met the Commissioners appointed on the part and behalf of the Province of Lower Canada at the House of the Honorable J. L. Papineau, and having communicated their authorities, it was urged by the Commissioners of Lower Canada that the Commissioners of Upper Canada should

exhibit their claim in writing, which, being assented to, they have now the honor

to lay -before Your Excellency copies of their proceedings, as well as copies of answers from the Commissioners of Lower Canada, and other documents and remarks relative thereto.

No. 1. Claim exhibited on behalf of Upper Canada, with the documents in support thereof.

No. 2. The answers of the Commissioners of Lower Canada thereto.

No. 3. The reply of the Commissioners of Upper Canada, with copy of A. McLean’s letter requesting a meeting of the Commissioners.

No. 4. The answer of the Commissioners of Lower Canada.

Copy of a memorandum by the Honorable F. Clark, and copy of Report of Commissioners of Lower Canada. All of which is humbly submitted.

(Signed) F. Clark, A. McLean, Jonas Jones.

To His Excellency, Sir P. Maitland, K.C.B., Lieutenant Governor of the Province of Upper Canada, etc.

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| The Commissioners on the part of Lower Canada, having intimated a desire that the Commissioners on the part of Upper Canada should make a statement: in writing of the claims which that Province has against Lower Canada for her proportion of draw-backs on duties collected in Lower Canada:

To meet their wishes, and with every desire of conciliation, as well as to put an end to the embarrassing situation in which Upper Canada has been placed for some years back for want of that part of her revenue, the Commissioners of upper Canada proceeded with as little delay as possible, and now beg leave to state :—

Ist. That Upper Canada claims from Lower Canada sundry arrearages of drawbacks on duties under Provincial Statutes between 1st January, 1813, and Ist January, 1817, amounting to £10,845.15. 744, exclusive of drawbacks® on goods purchased by the Commissariat and other public officers in Lower Canada, and forwarded to Upper Canada, of which no account was rendered to the Inspector at Coteau du Lac. Also for drawbacks on goods sent to Upper Canada by land carriage in the years 1813 and 1814, without reporting at Coteau du Lac, as per statement herewith marked “A.”

“nd. One-fifth of the Crown duties for the years 1813, 1814, 1815, and 1816, as per statement herewith marked *‘ B.”

3rd, One-fifth of the duties, Crown and Provincial, collected on imports into Lower Canada for the two years ending on the 1st July, 1821, and this pro- portion is founded on the last Agreement of Commissioners, which expired on the 1st July, 1819, and not renewed from causes not depending upon or under the control of Upper Canada.

The Commissioners of Upper Canada also beg leave to state what appears to be the cause of those arrears, viz., from the Government of Lower Canada having omitted to apprize that of Upper Canada as well as the Inspector at Coteau du Lac of the Legislature having laid on additional duties in the year 1813.

From there being no instructions or copies of Acts imposing the new duties transmitted to that officer till April, 1814, by which no separate entry of port wine (on which an additional duty was laid) was made of.that article imported into Upper Canada between February, 1813, and April, 1814; and no entry whatever on goods subject to an Advalorem duty till after the latter period.

From the defect in the law providing for the entry of goods at Coteau du Lac and the want of a barrier on the road (recommended by Sir Gordon Drum- mond) to compel the drivers of land carriages to stop till their loading was entered ; by reason of which many loaded brigades and innumerable other carriages passed the Coteau du Lac withont any account being taken of their loading.

From the Commissariat not furnishing an account of the stores purchased by them in Lower Canada and forwarded for the supply of the various public departments in Upper Canada, vide copy of Inspector’s correspondence herewith,

marked “CO.” From the inspector having marked all goods at two and a half per cent. duty, although several merchants of Upper Canada paid the five per cent. duty on their own importations, and also purchased extensively of goods which have paid that duty.

From the Inspector General reporting upon the duties due to Upper Canada for 1813, having omitted to credit that Province the duties under the 53rd Geo. 3rd, assigning as a reason that no separate account was kept of port wines ai Coteau du Lac, as his public accounts will show.

12 24'rma NOVEMBER, 1821.

The expenses of the Administration of Justice and support of the Civil Government of Upper Canada having, until the year 1812, been paid by Great Britain or from the Military Chest at Quebec, appears to the present Com- missioners from Upper Canada to be the reason why a proportion of the Crown Duties was not received by Upper Canada from the Lower Province previous to the year 1813. The Military Chest being shut against Upper Canada in 1812, that Province after that time has had to provide for the balance of her Civil List out of her Provincial Revenue.

All which claims for arrearages ought to have been settled previous to this time, but the Commissioners for Lower Canada in 1817 declined entering into the investigation of any claims for arrearages previous to that year, giving for a reason that the Act by which they were appointed did not give them the authority so to do, and that their powers were only prospective.

The cause why the proportion of duties to Upper ‘Canada for the last two years ending the first of the present month is still unsettled and unpaid with the exception of £4,000 on account is, as has been. mentioned, not the fault of Upper Canada, but from the want of legal authority in Lower Canada to empower Commissioners to arrange such proportion.

The Commissioners from Upper Canada have done everything in their power to obtain from the Commissariat Department and other sources a correct list of the articles forwarded from Lower Canada into Upper Canada in the years 1813 and 1814, which passed Coteau du Lac, and of which no entry was made there— but. without effect. They therefore think that this claim, as also any data or calculation in statements “A” and “B,” to which the Commissioners from Lower Canada may object might be settled by arbitrators, who might obtain information from the persons who took goods to Upper Canada and from the sales books of the different merchants in Montreal. The Commissioners from Upper Canada therefore beg leave to suggest the propriety of proposing to the respective Legis- latures of the Provinces a submission of their claims to the award of arbitrators equally named by either province, with power to increase or diminish the same, and in case of disagreement to choose an umpire whose award should be final if made and confirmed before any Bill should be passed the Parliament of the United Kingdom to regulate the proportion of duties.

We come now to the arrangement of the proportion of duties to be paid in future to Upper Canada on imports into Lower Canada, as it is impracticable