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11th reptv

1914

1308808 GENEALOGY COUUECTION



ALLEN COUNTY PUBLIC LIBRARY



3 1833 00879 0633



ELEVENTH REPORT



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 BY 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

TOBONTO



1308808

N To His Honour Colonel Sir John Stratiieaen Hendrie, K.C.M.G., C.V.O.,

lAeuienant-Oovernor of the Province of Ontario.

May it Please Your Honour:

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 Ontario.
Toronto, 1915.



The Honourable THOMAS WILLIAM McGAERY, K.C., M.P.P., Etc.

Treasurer of Ontario.

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

I have the honour to be, Sir,

Your obedient servant,

ALEXANDER RRASER,

Provincial Archivist.
Toronto, 31st December, 1914.



CONTENTS



PAGE

Letters of Transmission iii and iv

Prefatory vii

Journals of Upper Canada :

Legislative Assembly, 1821-22 1

1823 199

1823-24 433

Appendix I — Journals of the House of Assembly, U. C. — Accounts for 1823 691

Appendix II— Accounts, U. C. 1801 729

Appendix Ill-Accounts, U. C. 1802 759



ERRATA— Page 199, for " the third year " read " the fourth year."



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 Eeport, which will be devoted to the Journals 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 Eeport 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 Eeport 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 Eeceiver-General of Upper Canada
for the year 1801, and the third the accounts of the Eeceiver-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.

ALEXANDEE FEASEE.

Provincml Archh^iM.



The Journals



I

OF THE



LEGISLATIVE ASSEMBLY



OF



Upper Canada



FOR THE YEARS



1821, -1822, 1823, 1824



VOLUME FIVE



Ontario Archives 1914



2 a.



JOURNAL

OF THE

HOUSE OF ASSEMBLY

OF

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.



JOURNAL

OF THE

HOUSE OF ASSEMBLY

OF

UPPER CANADA

1821-1822.

PEOCLAMATION.

UPPEE CANADA,



P. Maitland.



George the Pourth, by the Grace of Grod, 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 to 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 Eoyal consideration the ease and convenience of Our Loving
Subjects, have thoug'ht fit, by and with tbe 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 oijr letters to be made patent,
and the Great Seal of Our said Province to be hereunto aflBxed.

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 Eeign. P. M.

By His Excellency's Command,

D. Cameron, Secretary.

J. B. Eobinson, 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.

[11



21ST NovEiyrBEr.. 1831



By a further proclamation of His Excellency Sir Peregrine Maitland, K.C.B.,
Lieutenant Governor of tJie 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.

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 5^ou 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
Eight Hundred and Twenty-One, and in the Second of Our Reign. P. M.

J. B. Robinson, Atty. Genl.

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

Wednesday, 21st Novemher, 1S21.

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.



Geo. IV. 31sT Novembeu.



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 Eevenue, 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 diflficulties 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 ft»r the ensuing year, shall be laid before you without dela^. It is satis-
factory to observe that Our internal Eevenue, 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
arrearages 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 Eevenue, 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. Eobinson, seconded by Mr. Euttan, moves that Messrs. Hagermann,
McDonell, Crooks and Kerr be a Committee to draft an Address in answer to



23nd Novemhee. 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. AttoT-ney 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, Kuttan,
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 by law, and
in how far the same may be beneficially altered.

Mr. Crooks gives notice that he vnll, 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 ^ titles to lands within this Province.

Mr. Euttan 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 lieing 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. McDqnell, 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, ana 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.



Geo. IV. 23nd November.



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

Mr. Eobinson, 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 Eeport be received.

Mr. Eobinson, 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,
and the Adress was read the third time, passed, and signed by the Speaker as
follows :

. 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 iihe 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 desjre 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 iieceipt of that very material branch of our Eevenue 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 Internal Eevenue, 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 Pro^^nce, are subjects of just
congratulation, in which we humbly unite with Your Excellency.

Entirely convinced of the necessity of appl3dng our chief consideration to



aSTBD JS'OVEMBKI;. 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 Eevenue, 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
Euttan 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.



Geo. IV. 24th Novembei



Mr. Casey gives notice that he will, on Tuesday next, move for leave to

bring in a Bill to alter and ameiid 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 Excellency 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 yonr attention.

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

Saturday, 2Jfth 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



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