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Un des symboles suivants apparcltra sur ia derniire image de cheque microfiche, seion Ie cas: Ie symbols —»- signifie "A SUIVRE", Ie symbols V signifie "FIN". IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmte A des taux de reduction diffArents. Lorsque ie document est trop grand pour Atre reproduit en un seul cllchA, ii est fllmA A partir de I'angle sup6rieur gauche, de gauche A droite, et de haut en bas, en prenant ie nombre d'Images nAcessaire. lies diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 THE EMIGRANT'S ASSISTANT:, OR - - REMARKS V - V ON THB ; ; AGRICULTURAL INTEREST OF THE CAN AD AS: PART I. Containing an nocount of the most effecinal means of assisting Set- tiers on their arrival in the country— Observations on the dif- ferent Tenures by vhich Lands are held in both Provinces. Directions for procuring grants of ivaste Lands, and some account of the different methods of clearing them— collected from documents and various papers furnislied for the information of the Montreal Emioramt 8ociktv, in the year 1820. ? *•' ■' s- BY A. J. CHRISTIE, A. M, ) i ■: WITH AN APPENDX, SXHIBITINO THB LATEST OFFICIAL ORDERS OJ MBNT RESPECTIKO THB GRANTING Of WJUffS^f^kiiD^, FORMS OP PETITIONS— LOCATIfHTTtCKSTi^^ . ■ .- ;,v^'^;;l;|^i:;vfe.. y^-:'% -••5 ■ ' " •«*' ■ i- V; .S" , - ■] j \ •d ;, -■<<■. .V. . '■ 1 ■ '.' - . ' ■'"'■.,■;- , '■ ,-,,.. . ■ '■. ■:,■■■■■ '-•!'. " '.V V:> ;■ .^ -■',•." ' ..f, ■^. .-■4 A -»■ ■i.' ■■ ■•- . /■'■ '-'■■;-■. i'-#, ' -^--yfi.:-:/- .•""!■ *ri';« . ' .' .:j:::^::^M^:-r '^.f. , '. !,«/;v >t . ■ : ■ '^' '■■■■■*;, r ,', ^••i, W'l:r¥- ' -"'.' :•• A-,.:--v* • - ?-'-,;-■■ ■(■' ■ »' •■.-- h- ■«.,y^- Y •;■<=";,¥', ;:--.i -:,•■»?. J-, ■ v''\f:-'iS ■ -, T •• :-^^: -/=-::--^;. .'■■:'-'-..^.^^-'^' ''•■';^'•/^'<---■'.v^^"^ ' , ■; -' *- /.i-- • ,/-■ .- V \ ; ■ v.. " » -.•■ ;, *. , . .:':'.;--^^'< '^<- ■•:-:'' ''•^^%- -'■.-*' , . ; ■ -^^'-^^'..> «>' 'A ■>'.->:■ %.^ -^ ,^\i ; ' V. ; ^» * ' ''■, u-^ ¥ ■.. ;• •#■■ J PREFACE. > '.«,^'l '>.(," ',.^^-*' THE writer of the following remarks having had the honor of acting as Secretary to the Emigrant Society of Montreal, oh the first establishment of that Association, felt himself called upon, from his situation, to use every diligence in acquiring such in- formation as would be useful for strapgers on their first arrival in this Country. With this intention, cir- cular letters, containing queries on rural affairs, (chief- ly relating to Agriculture,) were distributed over the two Provinces, to such gentlemen, as might be expect- ctl, (from their long residence in the country and an intimate knowledge of its situation,) best able to give correct information, on these subjects. From the an- swers to thciie letters, and from other sources of in- formation the writer had an opportunity of consulting, he soon found himself in possession of a greater mass of Statistical facts, than perhaps had ever be^n ob- tained by anjg other person, in the country. On a reference to the various publications relating to the Canadas, which late years have produced, he was struck with the defectiveness of information on some points most essential to be known. The nature of the various tenures by which landed property is held, !li 1 1 Iki ly PREFACE. for instance, is a subject on which many of these au- thors had not even touched, and others of them who had written upon it, gave very imperfect and erroneous ideas of the matter, much more calculated to mislead and to cherish prejudices, than to remove tliose al- ready existing. The importance of this subject, to every person intending to become a land-holder, will be readily admitted ; and the anxious desire, to obtain some knowledge of it which had been expressed by many of our most intelligent Emigrants on their arrival in the country, will plead the writer's excuse for no- ticing it in the early part of his remarks. He has been further induced to devote his earliest attention to this point, from the well known i'act, that many of our wealthiest and best informed Emigrants, arrive in the country imbued with strong partialities in favour of one species of Tenure, and with corresponding prejudicen against others, whereas there appears to be na founda- tion in reality for such a distinction. It Tvaa solely With the desire of conveying to others what he knew upon this, and other points in Canadian Agricalture, that the writer has been induced to give his remarks to the worlds and if a kind pubHc should receive his humble efforts with feelings corresponding to those which actuated him in their publication, and with that favourable indulgence which he has on many occasions experienced at their hands, he may at a fu- ture period b9 enabled to give a sequel to the present f" PREFACE. .:.■;. ^'' ; • ■■ 1?. ■ work, embracing a statistical account of lome of the most important places within the two Provinces. For the style of the language, the author offers no apology. The elegant and tasteful scholar will never reject or despise truth, though presented to him in a plain and homely dress ; and had the present work been eriibodied in high coloured metaphors, or incumbered with fine sounding similees, it vould have rendered it less comprehensible to that class of readers by whom it is most required, and for whose use it wai originally intended. But he cannot omit this opportunity of pub- licly expressing his thanks Ko those gentlemen who have kindly contributed to forward his design, by send* ing answers to his queries. They will find a due at* tendon paid to their obliging favours, on the appear* ance of the secoi^ part of the work. . ^^ . ^ . Montreal, 182.1. .•'■^ ;: "■'.••-:-•■•: ',- '■" l^'J' : ,'-\t i • , ^ !\'> j?M':Jf": :--:i:k;:'-:'P"':V/ ■':/'■: ^*^W "^iJ-.-'-r .«-■ .^-"-^ '■*• _'-:r^':-i::} i^u: • %-^:< ; j. '^:'i :j: .. ■■ \ ■■ " 7i } if t *\ v> V '%*»f V , :!»?;5^ 7^^ f'y^, ;.i'; "J ' ^Vl t'i1 1 .f-f; 14.,. ^. -'',,..,■•"■••,-■ Vr' >:. \,/ .'■)' I" ,!,.-•■.<■. ic< ,.? >*.y I I • :*t EMIGRANT'S ASSISTANT. CHAPTER I. 1* ,/" CHANGES in the Agricultural system of any country are not the work of a clay ; they proceed from causes which in some instances require the lapse of many years to biing them into sensible operation, and in every case they take a long period of time to manifest their whole force. But the connection between cause and effect being as completely established in the progress of this, as of any other sci- ence, a brief retrospect of the most im- portant events which have operated as the promoting causes of this great nation- al object in Canada, may, without impro- t (' ; •-.. t- '■ :> '■^. ,' .'V;' ; ■ R- ir 8 EMIGRANT S priety, be prefixed to any remarks upon the present state of Agriculture in that countiy. .. ., , , . . ,, At the time the Canadas became a colo- ny of Great Britain, by the definitive trea- ty of 1763, the great proportion of the in- habitants, were a poor and simple race of peasantry from old France. Some of them were the descendants of the first settlers of tlie country, others had emigrated after- wards, along with such of the Noblesse as had been induced by the liberality of their Sovereign, (who at the time gave large grants of landj) or from some other cause, to quit their native country for the North American Colonies. These people having" been born and brought up in a country, blessed as France is, with a climate and soil yielding to the husbandman all its pro- ductions with little exertions on his part, imported into the Canadas their former habits, and rigidly adhered to those of their forefathers. In this new country they found a land equally fertile as that '■■v " ^j ; -^ .■ I ?--' «L^- ■)f:> ASSISTANT. 9 which they liail left, and equally reacly to yield its fruits at a low expense of labour. Some exertions on their first outset were no doubt necessary. The lands, whicli were covered with forests, completely im- pervious to the sun's rays, required to be cleared, before a crop could be procured from them ; but to make this exertion they had the most powerful of all stimulants, namely, self-preservation. They soon dis- covered that if tliey did not clear the lau and raise crops, famine must be their in evitablc lot j and the dread of this produ- ced all the effort requisite for such an un- dertaking. In a short time, experience shewed that a little more than a com- mencement was required, for the attain- ment of their object. Lands partially clearel, without being tilled, produced them luxuriant crops and soon removed the apprehension of want. This facility of attaining their object, destroyed the origin- al motive which had produced the exertion on their part, and they soon relapsed into # i ii( !l» l,i ';i: ,^, ..,; .;. ,iv.^' , •. it' 10 EMIGRANT S f .^ their former negligent habits, as far as re- garded the business of farming. The con- tinuance of these feelings and habits, may be discovered among the lower classes of the Canadians to this day ; notwithstand- ing the numerous opportunities they have had of profiting by the examples of oth- ers : and it is no doubt to their inexorable adherence to the old customs and habits of their predecessors that we may ascribe the retched system of husbandry they at pres- t carry on. Agriculture at the period alluded to was at a low ebb in France it- self. For in no part of the world had it attained that eminence as a science, or that importance as a national object, which it now so justly holds. Hence it may be ad- vanced as some excuse that the first set- tlers ,in Canada, and all who came to it for many years after its discovery, had not the tunities ( oppon good examph moJ;her country, and could hardly be ex- pected to improve in a profession, the ex- ■/<;;•■ f •; v.> :t \v as re- ''he con- its, may lasses of thstand- ty have of oth- txorable abits of ribe the at pres- period mce it- had it or that hich it be ad- St sct- D it for lot the m the be ex- ie ex- ASSISTANT. n tent of whose value was either totally un- known, or not justly appreciated. Few will attain eminence in any pursuit when no motive is held out for exertion, and wherein there is no desire to excel. It has been the opinion of many, that the tenures by which the lands in Canada were at that time granted, formed a barri- er to the improvement of Agriculture ; and the same idea operates against the im provement of husbandry, in the lower Pr vince, at the present time. Lands were then granted under Seignorial titles, (the nature of which will be explained hereaf. > ter) and the descendants of those who ob- tained property from the French Govern- ment under this tenure, still retain it by the same.* How far it actually militates against the advancement of Agriculture, or that it really does so, is a question not yet * This description of Tenure prevails only in part of Lower Canada ; in almost the whole of the Upper Pro- vince, the Lands are hel4 in what is termed free and cora- non Soccage. .> ;. t •jit '4 . ■«- H v ..# 12 , EMIGRANT S |L du decided. The Seigniors rents and immu- nities are very similar to tlie Quints in England, and none will pretend to say those have retarded the improvement of Agri- culture in that country. But to return to our subject : The local position of the Canadas, comt)ined with political occur- rencco, v^liich happened subsequent to the period we have heen describing, soon pro- duced a veiy important change for the tter in the Agricultural interest of these Provinces. Their vicinity to the United States, at that time a colony of Great Bri- tain, and which had become a receptacle for such men of talents and genius as were de- sirous to leave their native country, soon brought them under the notice of many of these charactei^. The fineness of their soil, and the superior salubrity of their cli- mate, induced many to give the Canadas a preference to the United States, when both were under the British Government, and brought many to settle in them who were ^eminently qualified, both by talents and ii i^.-. #*»-■ '^w^^., AliSISTANT. Vo cl immu- luints in say those of Agri- return n of the 1 occur- nt to the oon pro- for the of these United reat Bri- tacle for were de- ry, soon many of Df their heir cli- inadas a len botli ent, and ho were nts and fiabits, to irromote the improvement of a new country. In the progress of time, anotlier political change took place, attended with many sol- id and real benefits to the Canadas. I ai- hide to the rejection of the British Govern- ment and the declaration of Independence by the United States : an occurrence which w&s followed by an influx of talent, indus- try and capital, which would not have ta- ken place for many years after this period, iiad affairs continued in their iormer state. All those who wished to adhere to the Bri- tish Constitution left the United States, and many of them came and settled in Canada. The effect of this change soon became vi- sible in tlie improvement of the Agricul- ture of the country. These men not only brought with them the means of carrying on agricultural pursuits on an improved scale ; but they had also the desire to do so, and at the same time they introduced all the improvements in the practical parts % -iO'^fT^-; B -r» , J i jNi ■'■ ,./!• Pi J ill A- P .1 u a \ :• u EMIGRANrS of husbandry which they had seen followed in the country they had left. And it is not to the individual exertions -of these loyalists alone we are indebted for the improvements in husbandry which oc- curred at thi3 period: other causes con- curred in producing them. Of these it is only necessary to mention the following, being one of the most obvious and power- ful in contributing to the same effect. The Canadas being now placed in the immedi- ate neighbourhood of ^ powerful nation, (which, it was but too obvious, looked upon all the British possessions on this continent with a jealous eye,) found it necessary for their safety to draw the bands which uni- ted them to the mother country still closer than they were before. With this view they began to cultivate a more intimate in- tercourse with Great Britain, and they be- came better known to each other than they had prev^'ously been. This intimacy Vas not confined to the Government depart- ments and to political affairs j m^ny of those y '■ ■V',: >^^ ... T ,-;^- 4 . •^ .• y ■■■- >'':i- ■' •■k,^. ASSISTANT. u followed ixertions jbted for hich oc- Bes con- lese it is •llowing, I power- t. The immedi- natron, ed upon )ntinent sary for ^h uni- i closer is view late in- ley be- in they Jepart- f those loyal Britons whom the revolution had dri* ven from the United States, to take shelter . under their favourftc system of Govern- ment in the Canadas, had friends and rela- tives m Great Britain with whom they kept up a close correspondence. In their inter- course, they detailed to each other the comparative advantages attending their res- pective situations — they described the con- ditions and benefits which the different countriies held forth, in the shape of en- couragement to men of various characters and professions. The consequence was, that many who had been engaged in differ- ent pursuits in the old country relinquished them, and came to join their friends in Ca- nada in the hope of meliorating their situa- tions. The policy adopted by the British Government at this time, in the way of granting lands, likewise contributed to the advancement of the Canadas. The Minis- try found, by the conquest of these Provin- ces, that they had got possession of an ex- tensive country so thinly inhabited, that it m ^>,.-: c . V lU EiMIGAANl'S I't; 't ! could be defended against foreign iuvasiou with th,3 greatest difficulty, if any hostile attempt should ever be made against it. The lands in their present condition were of no value to the nation, being covered with immense forests and in the wildest state of nature.. They therefore adopted the plan, of giv- ing extensive tracts of those lands, to such true royalists as had adhered to their cftuset and to such officers and men as had been useful in the late struggle with the United States. Thia plan, they believed would an- swer two good purposes ; it would stffotd an opportunity of rewarding, at a ebe»p rate, the services of those men, and the soil would pass into hands, where it would m time be settled and cleared so as to increaiSQ its value and augmei^t th -^ ASSISTANT. rr tie doubt thi^t it was the adoption of this measure, which first directed the spirit of enterprize among commercial men towards ike Canadas, and produced a correspond- ing degree of exertion in its agfieultural interest. It augtpented the rage for going to settle in Canada which hitherto had been very limited in Great Britain. This soon produced an increase of population, and at- tracted the notice of the merchant. Trade (which had been heretofore confined to some trifling speculations in furs,) began to extend its operation; respectable houses fVom Great Britain established agencies in the country ; the superabundant produce of the land was given in exchange for the necessaries the country did not produce of itself. To procure these articles, the hus- bandman was constrained to increase his diligence, aqd to adopt every scheme to augment the quantity of his crops. This soon led to the adoption of the most impro- ved system of agriculture the nature of the country would admit of, and both the far- B2 I •i ' H 18 £MI0RANT'8 f i if I mer and the merchant reaped a benefit from their mutual efforts. The success at> tending this trafic> brought numbers of en« terprising individuals from other countries to join in it» and their collective efforts have been the meaps .of promoting the im« provement of the country in a very great degree. Among those who have aided in effecting this object, there is one class of people, meriting some notice as having been most instrumental in extending the agriculture of the Canadas. These are far- mers from the United States, who may with more propriety be denominated land<» clearers. Many of these have come to Canada from various motives, and have for years carried on the following singular mode of life* They are from their infancy accuse tomed to the use of the axe ^ possess an in* vincible talent for perseviurance ', and be* ing habituated to endure all the privations attendant on such an undertaking, are eve- ry way quftlifMI for clearing the wood-lands ASSISTANT. v6 benefit :cess at' s of en- ountries i efforts the im* y great ided in class of having ling the are far- 10 may d land« Canada r years lode of accus<> ) an in* ind be*^ vations re evc- d-lands and preparing tliem for cultivation. One of these men with his axe on his shoulder, his waggon containing his provisions, &c. and a pair of horses, goes into the wood': where- he commences IHs operations by cut- tmg down trees and building a hut to shel- ter himself from the weather. This being done, he procepds^ with his labour, until he dearr a piece of ground ; and afler taking one or two crops from it, or perhaps before he sows it, he sells it to the highest purchaser be can' find, and sets out with the money to Buy another uncleared spot, with which he proceeds in the same manner. How soon a farmer from the old country, gets his farm cleared and under a proper state of cultivation ; he sits down quietly for the remainder of his life, to enjoy the fruits of his labour. With him^ his farm constitutes his fortune, on which he lives ; with the United States farmer on the contrary, his farm is an article of merchandise, which he will sell tQ the best advantage and with the money he gets, lay .in a new stock of the ; '-.l I ill *J| in >i !*■. , 30 EMIGRANT S ■ ) m' III' ! \i' k f i - same kind of Goods ^ quick as possible. It is scarcely necessary to add, that the lat« ter fornns a charstcter ot great utility in a country, such a9 this is ', and it cannot be denied) that Canadian Agriculture has re^p* ed very important be^vjfits from tlve lahoy*'^ of sueh men * Oth^r political events, which succeeded these, had a no less powerful eflfect in bring- ing the Canadas into notice. The late war* during which the Cana.dians behaved so nyeU, demonstrated their sincere attach- ment to the British constitution, and that they were- deserving the protection of the Government. That contest brought num- bers of men belonging to the army to the country j who, fascinated by its superior advantagest, embraced the offer held out by Government'^.r.took their lands, and settled on them when released from their military duties. So great indeed was the attraction to l;hisp that of some regiments who were f These in Cbe language of the Country are termed ■Squ&tUrs.. possible. : the lat« ility in a umbt be )9s re^p- cc^edad n Wmg" I^te vv:*r# aved so att^ch- md that n of th^ ;ht num- \y to the superior i ogt by I ^ttl^d AHlitary t traction fho were Rre termed ASSISTANT* §i disbanded in the country, almost three fourths of their numbers, both officers and men, remained and turned ihcir attention to agriculture. EvEEY country, after having been the seat of \var, becomes an object of attention to the curious traveller, and this brought numbers to Canada who were travelling for the gratification of curiosity. These characters have carried home flat- tering accounts of tlie eoimtry, and sent many works from the pi*ess, which are loud in the paaise of its superior advantages^ Tlte dissemination of these reports and wri« tings, has excited a general desire for emi* gration, among all classes who feel either real or imaginary grievances at home ; and this has been the cause of bringing num« bers to sqttle in the Canadas, who will in time draw forth the immense resources the country possesses. It may also be remark- ed, that the mania for emigration is not now, as formerly, eonHned to the poorer classes and such as could not gain a living IJ M I r n emigrant's / ' I- at home. Of late years, (since the war) ma- ny people possessing capital have come out to settle, and it cannot be doubted, that their talents and industry, united with the pecuniary means they possess, wilt soon produce the best effects. The distresses in the mother country^ arising from the taxes, and the sudden transition from war to peace, have contributed to increase emigra- tion Many men possessed of limited in* comes, when they could not procure such a price, for what they had to dispose of, as would pay the public burthens, left their native country, for another, where they would not have taxes to pay. Others, who, from the former situations they had held, were obliged to keep up a certain rank in society, when they found their an- nual receipts inadequate to Jo so,, adopted the same plan, and rather chcse to quit their country and their friends, than to sub- mit to the mortification consequent on a> change of life for the worse, among those* who had been their equals in better time«. ASJMTANt. 25 ar) ma« me out d, that rith the \t soon esses in e taxes* war to emigra- ted in* re such e of, as ifi their •e they Others, ley had certain leir an- idopted to quit to sub- It on a> » thostt' r time«; From these, and a number of other caus- es, which might be mentioned, emigration to the Canadas has of late years attained such an exter/ that it becomes, very de- servedly, an object of national attention. England, it is said, requires some means to throw off her superfluous population. The effects o£ these people settling in Canada are already visible, in the more extended and improved state of her agriculture; if therefore they can be spared from the for- mer country, and are required in the latter, it follows that every facility and help, con- sistent with pruiience, ought to be given them, for accomplishing their views here. It ought also to be remembered that, every man who comes to the continent of Ameri- ca, and does not settle in a colony of Great Britain, goes to a country, where he in- creases tlie* strength of England's enemies in a double ratio. If another war should happen, (and it is not an event beyond the bounds of probability,) that man will be compelled to bear arms against his mother emigrant's m ^ ■ I' country, or to relinquish his pursuits in -life, and perliaps sacrifice all his propeily, the fruits of many years anxiety and toil. Few of this class are so ardent in their patriot- ism as to give a preference to the last alter- native i with many the amor pairiie k little more tlun a Dame» after its vitality has been deadened and its force bluntec^ by a distant residence for some years. It is therefore a preferable plan, both for the individuals themselves, and on the principle of sound policy, to retain our har- dy peasantry within the verge of our own dominions, while it is in the pOwer of Go- vernment to dp so. It is said, that many of those who go to the United States, re- turn to the Canadas ; and there is no doubt that nothmg but inability to accomplish the journey, prevents many more from follow^ ing their example. But this cannot be done, without their audergoing many hard- ships, and at the loss o\' much time and la* hour. They may return with some dear- boagbl experience, but it is not to be sup* ASSISTANT. QS patriot- ist alter- ' is little ility has ted by a m, both d on the our har- Dur owii i of Go- at many ates, re- no doubt plish the J follow- nuot , be ny hard- i and la- le deaF- > be sup- loosed that this is all they acquire ; the so- ciety to which they have access in the Uni- ted States, and the treatment they receive» is not calculated to give them favourable opinions ot mankind ; nor to improve their own morals ; to make them better men or more loyal subjects, than they were before* Whatever injury they may reap from such - an association, it is too obvious they can re- ceive no benefit from it. Bat this leads me to the next >. - 30 emigrant's lion, of those more experienced, otherwise he may exhaust his means, his time and his labour, to very little purpose. » If he does not adopt the most suitable method, he will make but little progress by his individual exertions ; and unless infor- med correctly of the value of performing this Btep, he will be deceived and cheated, by others whom he may employ. The price of clearing lands varies, according to the situation of the grounds, and the method of doing it ; but this will be more fully explained hereafter. V Such are a few of the many obstacles to which u farmer is subjected, on coming to a new country 5 and which can only be removed by sound advice, and correct di- rections as to the proper method of pro- ceeding. — t But,, to return to the distinction we for- merly adopted. The term capitalist which we have here used, must not be taken iii the same signification, as it is employed in {he -M country. Every person possessed r <. '^y ■^ ■%_- _,:«.•«-. r^f.y'^ ,^ -^^■^l-' i^ Jf '-n ^*rf-{. ? ^:'^C' • ASSISTANT. 31 lerwise ind his uitable ress by s infor- orming eated, The cording nd the \e more acles to ming to )nly be :ect di- of pro- we for- ; which iken ill yed in ssessed of as much money, as will supply his fami- ly with provisions for the first year ; pur- chase a few tools, and a small quantity of seed for the portion of land he may be able to clear, may be considered as possessing sufficient capital, to commence as a fanner in Canada. If he be in possession of more cash than is sufficient for these purposes, he will the sooner attain to independence ; but many instances have occurred, of per- sons going on lands wlio had not a suffi- cient sum for this purpose, and who have become independent, and even affluent, in the course of a few years. There is anoth- er description of men, who may with jus- tice be considered as capitalists, on uieir arrival in Canada. The distresses atten- dant on the payment of the unavoidable public burthens, combined with other caus- es, have of late years pressed hard on ma- ny deserving characters in the old coun- try. Many of those who were, from various reasons, compelled to hold a certain rank in societv, and from their limited means i ■f;^ I' '■'■ • . ^. .:>' ---- \r-. ■ I M '^'H .1] III ^^I'l ll''. f I' ■ 1,11 ■ EMIGRANT S unable to do so, have been obliged, (though with reluctance,) to collect the shattered remains of their fortunes, and seek an asy^ lum in Canada. They hava come there, with the laudable hope, of either preserv- ing what they had left, or with the wish of increasing it for the benefit of their off- spring.* Skich men^ though not the most numerous, are obviouslv the n>ost valuable settlers. They not. only import with them the best and newest plans of every science» but also bring the means of canning these ^'This more particularly alludes to officers whom the late peace ha« placed upon half>pay. These men will find • that slender ptttatice, very inadequate, to support^their fami" lies in £ngland,'and maintain the rank they ou|ht to hold. For them, Canada holds out very flattering prospects ; there they can have their farms, aiul the conveniences and com- forts attached to them. They are exempted from taxes, and can emf^oy their ^ half-pay wholly, or as much of it as they can spare, from the purchase of necessariea^ either in improving their farms, or in clearing more new lands. In short, by a moderate share of prudence, men so situated can not only iiMiire a competence for themselves and families during their lives, but may Uave their children well provi- ded for at their death. ,1 ,: 1 . ASSISTANT. 53 plans into operation. It is with such men as these, that the United States farmers traffic in cleared lands in the manner for- merly described. One of these capitalists, on his arrival in this country, purchases a farm either wholly or partly cleared, of such an extent, and in such a situation, as will best suit his finances. This, at once, gives him a comfortable home for his family ; and should he incline to do so, he may avail himself of the bounty of Government^ get his location of new lands, and clear it by degrees by the sale of the superfluous produce of his farm. From this account of the process. It might be imagined that, such as bring cap- ital to Canada require no assistance, even in the way of advice. A moment's reflec- tion will however be sufficient to convince any one of the reverse. Men, in the situation we have described, require advice no less> than such as are totally destitute of means. Their ignorance of the topography of the country, is frequently the cause of much i ■'i ^;'fl m ft- •* - > w. - -'. 34, emigrant's ,11, I. ,'l \ disappointment, and inconvenience to them. They may purchase a farm, in a situation where they cannot carry their future plans into operation ; their unacquaintance with the characters they have to deal with, may be the means of ruining them, by their purchasing lands of some one, who has no legal right to them himself, and perhaps they lose their farm afler having paid for it. It is obvious, that they require to be made acquainted with the difference in the mode of pursuing farming as a trade, as well as the poorer sort, or they may soon expend their limited means, and reap no benefit from them. If we turn our attention to the second des- cription of emigrants, namely, the poor and destitute ; we shall find they stand in need of advice, and more urgently require to be directed to what is best for them, than the former. Persons of this description have the same object in view, on coming to this pountry, as the foregoing have. Their grand and chief desire is to get lands, lands u ;^ , ■><■ ASSISTANT. 35 is their continued cry ; and they not unfie- quently subject themselves to a \ery great degree of misery and hardship, by their pre- cipitancy in acquiring their object. Witli the former class of emigrants, the possesp sion of their capital, although small, may in some measure alleviate the distresses they have to encounter in settling on new lands; but the lutter have no such relief, they want support for the present— experience to guide them in their future operations— and eucourageitient to cheer them on in their laborious progress. To persons so situated, good and salutary directions are of the utmost importance. By this their labours may be much abridged, if put on the most proper method ; it >yill also support them under their fatigues from the idea that they possess friends who take an interest in their prosperity, and thereby prevent that despondent feeling their soli- tary situation renders them too apt to in- dulge in. " , Hitherto I have only directed my at- ifi " ** m u B 11 ^^ m £MXGRANT*S iention to agriculturalists, but otlier classes of emigrants are equally in want of advice on their arrival in Canada. Among me- chanics and labourers their ignorance of ihe country forms an equally insuperable barrier to their progress. Many of this deicription, on their reaching Quebec, have a little money saved from their for- mer labour, and some of them are reduced to their last shilling. Both classes "will -fioon be reduced to the same state of penu- ry, unless directed by timely and salutary advice. These are more the objects oi de- ception than the agriculturalists vte have mentioned, for they have not so ready a way of having their hopes realised as those who come out in quest of lands. Full at' extravagant notions respecting the high rate of wages, they at first reject the pro- posals of those who wish to employ them» and loiter away their time in the hopes of receiving an offer, oTi more favourable terms* The longer they delay, the chance of their finding work daily diminishes, as they will ASSISTANT. f be followed by others whose expcetations are not so high. Their total ignorance of the country, prevents their going to those places, where people of their occupations are required. In this way, they in fruit- less expectation waste their time, either in one place, or in wandering about, till they are reduced to absolute beggary, and soon lose that self respect and spirit of inde- pendence which is their greatest stimulus to industry, and their best safeguard fronx. vice. From the foregoing remarks, it is obvious that all classes of emigrants, on coming to this country, stand in need of advice; it is likewise evident that this is the description of help best suited to their wants, and such as can be most easily given" to them. Direct charity, when bestowed on people, who have not hitherto been ac customed to receive it, is in every instance attended with disadvantage ; and the plen- tiful supply of the necessaries of life which this country affords, with little labour pro- perly applied, rentiers this description of D i^ V 1 \ t i.* il 38 EMIGRANT S ,.,1»': li assistance unnecessary, except in a very few cases. Let tht; emigrant, on his arri* val in Canada, be directed in the pursuit of liis views, by some disinterested person ^ let the easiest mode of attaining his object be pointed out to him ; and if this be done, with a proper regard to his situation and circumstances, nothing further will be ne^ cessary. Furnished with this, and endow- ed with virtuous and sober habits, although he may have difficulties to struggle with at his first outset, these aie never insupporta- ble, and he cannot fail to acquire a mode- rate competence, if not a handsome inde- pendence, by perse%'erance. Mi^cH has beeu written, and many vari- ous opinions agitated respecting the en« couragement of emigrants, in a political point of view. This not being a subject adapted to the present work, a very brief remark on it shall be deemed sufficient W en emigrants arrive in Can da, their ex- treme ignorance of the country, bewilders their ideas and perplexes th£ir minds ; un- \-> ^ -4 ASSXS'.'ANT. 39 tier this state, there are numbers of design- ing characters perpetually on the outlook to lead them astray. In the United States^ they are perfectly sensible of the advanla- ges which result from a hardy and industri- ous peasantry, and they are using ever) ef- fort to obtain it. Their views on this sub- ject are developed, in the plans they pursue to draw them over to their country. It has been already remarked, that eve- ry one of these persons who kave Canada and do not return home, strengthen the enemy, and in proportion weaken the Eng- lish nation. Let this simple fact be suffi- cient to guide the people, and the govern- ment, in their conduct towards the emi. , grants, and nothing further need be said to induce them to put a stop to this proceed- ing on the part of our neighbours. If this be attended to, we shall then retain in Ca» nada, where they are wanted, all those emi- grants who are deserving characters in any' government, and if deprived of the rest it \^ill not be attended with anv loss. j^ ! 1 H n m 5la • "'ir} ■■:./■ ■■"';* jSIf EMIGttAKT S ■■ff: ' > Hi'' In the cursory view of this important subject which has now been detailed, it will appear, that emigrants of all descriptions, on their arrival in this country, require to be assisted ; that the most effectual help that can be afforded them, is information rtlative to the $tate of the country, and its aptitude to suit their wishes. It has also been seen, that, even in a national point of V. 7, and as a measure of sound policy, tins aid ought to be extended to them. The next part of the subject for considera- tion is the means by which that informa- tion can be most effectually communicated. Hitherto^ the emigrant, on his arrival in ^ Canada, bas had no authentic source from which he coukl procure information j he was left to seek it> fiom any person he could >" .1 with, and frequently exposed to the opera I *n3 of interested characters, wha Lad more inclination to forward their own, projects, than to assist in his. It may be said, that the publications which have of late been given to the world, were suffi- v.- ■: .,,v-#: ASSISTANT. 41 cient for this purpose ; but these works, although valuable for the information of the curious, and perhaps well adapted to amuse the superficial reader, are but little calculated for this end. They are, in ;5ome cases, too expensive for the means of the generality of these persons ;. they do not contain a sufficient mass of that local infor- mation, and those practical facts best adapt- ed for them ; and some of them are more calculated for shewing the circumstances under wliich emigration may be underta- ken with advantage, than for directing thos^ people after they have come to Can- ada. One great defect in all of them is, the scarcity of information they give res- pecting the Tenures by which lands are held, and the difficulty with which they are obtained, Ev^ry man who arrives in Can- ada, and has an intention of procuring a farm, will of .ourse be desirous of getting one under a tenure as secure as possible, and of that description to which the fewest conditional burdens are attachedi It is no D2: -•■-■■■- ;^.,^ :-- :l| ti.' :, t t ^ EMIGRANT*S less requisite that the poor agriculturist should have his designs as little retarded as possible, and be enabled to procure his lands with the least possible delay and ex- pense. :':;'5,vr. CHi^PTEFt III. ■ ; " •',' \' ■': rv'-".,! BEFORE entering on a particular ac- count of the more minute subjects it is in- tended to describe. Some attention to the general state of the Canadas may be deem- ed proper. On this part of the subject but a very brief sketch is required ; those for whom the present work is chiefly designed are but little interested in general history, and have but little concern with political subjects ; minute and particular information is what they require, and' that which ought deservedly to engage their attention. From the time that the Canadas became ^■r'- (I ii ASSISTANT. 45 Iturist ded as re his lid ex- ilar ac- it is in- 1 to the 3 deem- ject but bose for resigned history, political ^rmation h ought n. became a part of the British Empire until the year 1774, the affairs of Government in this country were managed by the person hold- ing the office of Governor alone. But in the above year, an important change was made, by the passing of the famous Quebec Bill in the British Parliament. It provided that twenty-three persons should be appointed, under the name of a Legislative Council, for the purpose of as- sisting the Governor in the discharge of his d\^ty. This Council, in conjunction with the Governor, was empowered to make such ordinances and regulations as they might think of advantage to the Province. Their power of imposing taxes was con- fined to such as were to be appropriated for •making roads, repairing public buildings and the like ; and their power of punish- ment, was restricted to tiie infliction of fines or imprisonment for a period not ex- ceeding three months. Every ordinance they passed, was laid before the Governor, for the purpose of being submitted by him ' 111 Ill I'f? > . . u emigrant's for his majesty's approbation, within six mo^iths after it passed, and was not valid^ until such approbation was obtained and signified by the Governor to the Council. In tills manner the business of Government was conducted from the year 1774 until the year 1791» when another act of the British Parliament produced a second change, and established tlie Constitution on its present footing. Part of the Quebec Bill was re- pealed, and a third branch, named a House of Assembly, composed of Hepresentatives chosen from the people, in a way spmewhat a'aulogous. to Uie mode oi' electing members of Parliament in Great Bi itain, was asso- ciated in the functions of Government with the Governor and Council, These three branches, in their principle of formation, resemble the three great branches, viz:, the King, Lords^ and Com- mons, in the old country, but differ from them in so far as all the acts passed by them. arjB subject to the controul of the Kingy and in some instances to that of the ^ '^■. - c^ '/-''. %iN ASSISTANT. 45 SIX and mcil. nient il the ritlsU , and esent as re- House atives ewhat mbers asso? t with nciple great Com- r frona ;ed by of the of the Imperial Parliament in England. It was at this time the country was divided into two Provinces denominated Upper and Lower Canada.* Each Province is provi- ded with a Governor, Council, and House of Assembly, in the way above mentioned* In addition to these three branches, there are certain persons who derive their ap- pointment from the King, and are termed Executive Councillors. In Lower Canada these are seventeen in number, and pos- ses* powers in the affairs of Ccvernment somewhat similar to the Cabinet Council in England. The person at the head of affairs in Upper Canada has the title of Lieutenant Gover* nor, and in all civil matters is perfectly un- * Lower Canada comprises all the eastern part of the old Province of Canada. Upper Canada is formed of the wes^ tern part, and that immense territory lying on the north side of the chain of lakes and rivers which separate the Britisk territories in North America from the United States. The t^o provinces are separated from each other by a line com- mencing at Point au Baudet, in Lake St. Francis in the Riv- er St. Lawrence, and running in a northward direction 24*" west till it reaches the Ottawa or Grand River. ' '.1 ■)■ ■ * '-Jl 4a EMKSttANT S :1 :"4 ^'l ;! i '■ I .1 - ri i! ii- (Jonnected with the head of the Government (called the Governor-in-Chief) in Lower Canada y but the latter is Commander-in- Chief of the forces in both provinces, and stands at the head of the military afiaiis, in British North America, under the title of Captain General. . The Quebec Bill of 1774 fixed the Judi- cature of Canada. According to it, the old French inhabitants are allowed to retain the laws of France, in as far as they relate to property or civil rights ; and the same prac- tice is followed in. our Courts of Justice to the present day. The English law in crim- inal cases is universally adopted. This is to be understood as applicable only t» Low- er Canada : for the great influx of British subjects since that period, and the wise pol- icy of the Government of the Upper Prov- ince, has introduced the law of England in all cases.. In religious subjects, the most ample tol- eration prevails in the Canadas : The Epis- copal religion is what may be denominated ."V'-;*r: » " I .'—,-'- ^ ■r . ' ■-■>:'^' ASSISTANT. 47 ment ^ower ler-in- I, and iis, in itle of » Judi* he old ain the late to e prac- stice to n crira- This is t» Low- British rise pol- gr Prov- gland in nple tol- 'he Epis- )minated the established Church of the country, but every sect has the same privilege of exer- cising their tenets, without controul. • In Lower Canada, the Roman Catholic Religion prevails among a great proportion of the inhabitants, and by the act of 1774, theclergyuien of this Church, are authori* sed to recover their dues and tythes, from people of their own persuasion, by course of law ; but no orre of any other religious denomination is obliged to pay them. t The act of 1791, ordained, that the per- son administering the Government should reserve one seventh, out of all the lands that might be granted by the Crown, sub- sequent to that period, for the benefit of the Protestant Clergymen of the Church of England. This has been carefully done ever sinc«, and rectories or parsonages, are appointed by the Governor and Council, and endowed from these appropriations, the same as incumbents in the Church of Eng- land. Hitherto, little attention has been paid to these lands ^ some of them have ■■■ ::fl I ; i-^ r ■. (■' 1 ''■ i ! 48 BAri6RANT S . I beeii settled by farmers, who had no au- thority to do so 'f others have been leased at low rents : but the Episcopal Clergy ot' this country are now formed into a corpo- ration, and the lands placed under their own direction, of course more tittentioa will be paid to settling and improving them in future. In Manufactures, the Canadas arc at a very low ebb ; some of the inhabitants make a species of coarse cloth, for their own use ; but the extent of their opera- tioris in this way, is confined to the exigen- cies of each family, where they are carried on, and do not deserve the name of manu- facturing. It is a subject of regret that some atten- tion has not been paid to the searching for the mines with which this country abounds. Iron-ore, copper and lead have been found ; there are also, in many places, strong indications of the existence of other val uable ores, but in no instance have these been wrought under the British Govern- iS, >■ ASSISTANT* ? 49 ment, and seldom ever looked for. The great abundance of fire-wood, may in part account for the negligence hitherto mani« fested towards the coaUmines ; but the probabilities of there being mines of this valuable fossile in Canada, are very strong, and a time will no doubt come, when they will be sought for and properly estimated. Enough has been said to shew the capabili- ties of this country for establishing manu- factories. Ik a work written with the intention of this, there is obviously little use for enter- ing minutely into the state of commerce, in the Canadas. In their Legislatural proceedings, this branch is said not to have been well atten- ded to ; but this is a complaint to which all new countries, and more especially colo- nies, are subjected. The chief articles of export from Cana- da are Timber, of all kinds. Pork, Flour, Pot and Pearl Ashes 5 of the last a great portion comes from that part of the United E • I J I 50 EMIGRANT'S States bordering on Canada, although it is an indisputable fact, that the latter country is as capable of making and exporting all these as the former, and only requires a proper share of Leglslatitral protection to enable it to do so. Furs and Peltrres form another article of Canada commerce, but the trade in these is confined to a few Com- panies, (almost to one,) and as they are procured from Indian nations which inha- bit the teriitories on the north and west of Canada in exchange for British and foreign wares, brought to the country by these com- panies, they can hardly be considered as an article either the produce of Canada, or purchased by the productions of its soil. Besides these there are others which form a part of the exports of Canada, such as Oil, dried Fish, Ginseng and some Medicinal Drugs, but not in such quantities as to be deemed staple articles of trade. «<■■■■" ASSISTANr. CHAPTER IV. THE TENURES OF LAND IN CANADA. 51 THE landed property of this country is held by two descriptions of titles, name- ly, in Jitf Seignorial, and in Jree and com' mon Soccage, ' Tins difference of heritable right to Ian- (led property, has arisen out of the politic- al situation in which the country has been placed at different periods. Under the French Government the civil Constitution was established upon the Feudal System, and their mode of granting lands was in conformity to it. Subsequent to the Act of King Charles II, which confirmed the holding of lands in England by free ami Common Sbccage, and when the Canadaa became a part of the British Empire, the extension of the benefit of that act to themv' introduced the plan of granting lands ac^^ cording to the same tenure, namely, in I If- I I 'i^: .1 m ii I If ^ 111 l-i: :*2 EMIGRANT 8 Free and Common Soccage, The Seigniori- al titles buJ their origin in this way, and owe their existence at ,ttie present day, to the act of cession which yielded this coun- try to England ; for by the articles of that treaty, those holding lauds under the French grants, had them all con6rmed, according to the tenure on which they had been granted. Besides the above reason, another oper- ated with the French Monarchs in estab- lishing the Seignorial tenure. It afforded tbem an opportunity of rewarding their ad* herents and followers at a cheap rate, and they no doubt thought, it was the best te» nure for facilitating the settlement of the country. Influenced by this opinion, they granted an immense tract of territoiy, ex- tending from about 90 miles below Quebec, along the banks of the River St. Lawrence, to 40 miles above Montreal, a distance of more than 360 miles,; in large tracts under thename of Seignories. These vary in size in different cases, but c'-e generally from 36 to 50 square miles each, andcontain in all A^> J' ASSISTANT, 55 about 7*965,400 square acres. The gran- tees, who held these Seign jries, were.bound by their patents, to the performance of ma- ny duties, as vassals of the King. They also possessed many privileges and power* within their Seignories, similar to those en- joyed by the Seignors ©r Lords of the soil under the feudal system, in other nations. The greater part of those powers being now abrogated, by the Act 14th, of his late Ma- jesty George III. which abolished their au- thority in criminal matters, and confined them to the civil part ; and as many of the duties are not insisted on by the King, lit- tle need be said relative to them. There are however several reservations, made by the King, in those grants which are still in force. Among others, may be mentioned the payment of the Quint, or fifth part of the purchase money, on the sale or aliena- tion of the Seignories, unless in the direct line of succession. The Grantee was also bound to give notice to the King of all mines> ores, and minerals, which were found iiM 4 1 it V f T^ i\ r •T t'l I, / t ■ ' ) t h ^ 1 1' If -1 . 1 1 i 1, '' Pi! ': ; !' ■ 1 i ; 1 11 i4 emigrant's oft the Seignory.* To preserve all the oak trees fit for building ships to the King ; and to bind his sub-tennants to do the same. Such are a few of the reservations in the oldest granti^ which are still in force. In those more recently granted the King re* served to himself, the right of taking back such part, of the lands so granted as he might require for the purpose of building forts, batteries, or any public woiks, roads, &c. and also the privilege of cutting timber for the erection of these, and firewood ta supply his garrisorts, without making any recompense to the Grantee.^^^'* wwi^mmimm Other particular reserves are iTiade in certain Seignories y such as the red or pit^ ' pine for making tar ; but the above includtj almost all those generally in force. By their patents, certain obligations were im- posed on the Seignors or Grantees, respec- ting the mode in which they were to con. * There are two exceptions to this. In both the Seigtio- Ties of Terrebonne the ores; minerals, and mines belong tf V;> ASSISTANT. m -I i oak :ing y roads, imber yod to g any ide in elude By re im- espec- o con- Seigno- )elong tf cede their land to subfuers or those apply^' ing for it."<' titJnviN*«j f\h It being the wish of Government to pro* mote the settlement and cultivation of the country, a clause was inserted in the deeds, conveying the Seignor's lands, by which he was obliged to concede them in farms, to such as applied for them, under the penal- ty of forfeiting his Seignoiy, and of its be- ing reunited to the King's Domain,^ erfJS/v This right was put in force in several Seignories near Champlain, which were re-, united to the crown for want of cultiN tion, antecedent to ihe conquest j and weie af- terwards regranted to others, and in some cases to the original holders, on tiieir fulfil- ling, or promising to fulfill, the conditions.- .ty an arret dated March, 1732, when the Seignor refused to concede lands^ to subfu-' ers, on the usual- conditions ; the Governor or Intel. Jant was authorised to concede the same, and tl '^ rents were to be paid to the Receiver ^ eneral to the exclusion of the Seignior. In some of the more recently ' ui i Hi i d 'J ;i|. '1 n I I'.! I 56 EMIGRANT 3 granted Sergnories, the Grantee was oblig* ed to build a house, cultivate part of his Seignory^ and stock it with cattle j but they have been restricted from the sale of wood-lands, being obliged to grant them to applicants, under the penalty of nullity, res^ titutioa of the purchase money, and annex- ing the lands to the Royal Domains.—* From these it would appear that the re- venue or advantages, belonging to the Seignior are very limited, and that the possession of such a property is a^*ended with no benefit to the holder. A little farther consideration will be sufficient to do away this impression, Ihe Seigniors although obliged, as has been seen, to concede their lands in lesser lots or farms,, free of all expense, except the costs for surveying and the prices of a proces ver- bal, were not left without a provision. Those to whom such concessions were made, were bound to pay them certain s'lms, expressed by the deed vif concession, as annual rent and other perquisites uader ?^ If -' / ■' ^5V- 1 ll ■ ASSISTAiNT. the term of lods et ventes. From these two sources, a considerable portion of the Seigniors income was derived. The rents are in all cases very low, although varying in different Seigniories. They in no instance exceed ^s. and S bushels of wheat per an- num for every 60 acres of land. Original- ly they were limited to one halfpenny foe every acre in front by 40 acres deep, and one halfpenny for every superficial acre, to be paid on a certain* day every year, to the Seignior at his mansion-house. These were denominated the cens, and were exacted,, for the purpose of maintaining the recogni-.' tion of the subfuer to his Seignior, and ta secure to the latter, his right to the second' description of payment viz. the lods et' ventes. It also deserves to be mentioned, that in many cases the seigniors on conce-- ding uncleared lands, do not exact thit rent for the first two or three years. m^ The Lods et ventes^ are a fine payable to . the Seignior by the purchaser or successor: to any farm which has been once conce-- ■ : si ' . r . '■^i--. ... %'i ^jMvf T^ II' K IV \\ I i 1 Prt Is' I (] 5S EMIGRANT ft ded ; unless the farm descends to the next heir, by the lineal descent, in which case no lod^ et ventes are payable. This fine is paid to the Seignior, on the same principle as a Quint or fiflh is paid to the king, in the event of the sale- of a Seigniory. The amount was fixed by the French Government, at one- twelfth of the purchase money, or of the value of the farm 'y but in general, when it is promptly paid, the Seigniors have been» in the habit of de- ducting one fourth, so that they only claim six per cent instead of eight and a half which the law allows them^ No inconsid- erable portion of the seignior's income, is derived from this source ; and it is obvi- ously capable of great augmentation, as the lands become cultivated* and frequent changes of the owners of farms take place. Besides these two, there are other per- quisites and privileges reserved to the seign- iors, which constitute a part of their reve- nue. They have the exclusive privilege of erecting Grist-mills oa their Seigniory ; and K^ ■^ next case n the iid to of a y the )f the farm 'y paid» of de- r claim a half jonsid- me, is cbvi- on, as equent place, per- seign- reve- ege of »r /• AMISTANT. their tenants are bound to grina all the com used for their own families, at these mills, under the penalty of being fined in double the amount of the Toll, which is fixed to the 14th Bushel. A Seignior also has a right to cut down timber on any part of his estate, whether conceded or not, provided the timber so cut is to be employ- ed, in constructing mills making roads or for any pubhc purpose. He can in many instances claim, all the fisheries or fishing stations, or he may ex- act a toll from such fisheries as are estab- lished in his Seigniory: the amount of which varies in different places. In additi- on to these, other rights are held by the Seig- nior. A portion of land varying in extent in^iiflferent Seigniories, is reserved under the title of the domain ; which part he is not obh'ged to concede to applicants, in the manner above mentioned ; but may sell lease, or dispose of it, in any way he deems most to his advantage. And if a seignior brings the ^hole of his land under a state n T^ I 't ' t |i^ ,1 ■ li. 60 ElfTORAMT 8 of cultivation, the obligation to concede it, on the usual terms, ceases ; and he may sell or lease it if he diooses. When any of his fuers or tenants wish to sell their farms ; the seignior must be informed of it, and he can take it himself at the price fi7.:ed by the seller, having a preference as the pur- chaser 'y but this is a right seldom enforced^ and appears to have been granted, only with the view of preventing the Seignior being defrauded of his Lods et ventes, by the seller concealing any part of the pur- chase money, " I have in the above description, conflned my remarks, to those large tracts of land which were granted by the French mo* narclis, under the fief or seignioral tenure, because they are the greatest in extent, ^nd were I believe the first in point of A. 4ime. Besides these there are other tenures on the feudal system, under which small tracts of land, such as town lots weie granted. . ,^ . These are held undet ft species of Igno- J. ASSISTANT. Gl ble tenure termed lioture, and likewise some allodial grants denominated, Franc Aleu Noble, and Franc Aleu Lloturier^ a few o- thers under a species of spiritual tenure, called Fure Aumone, or FYank Almoign ; but tlic extreme rarity of these and their small extent render them unworthy of par- ticular notice except in the Towns. A -SLIGHT attention to what has been detailed respecting the seignioral title, will be sufficient to convince any reader, that it possesses some trivial inconve- niences J but it cannot be denied that it is also pregnasit with advantages, which will, (if the original system be fairly acted up- on,) counterbalance all its defects. The obligatory clause, which compells the Seignior to concede his lands to an appli- cant, facilitates the wishes of a farmer who is desirous of obtaining a farm : and he ca n effect this at a very trifling expense, for with the exception of a small sum, to de- fray the charge of surveying it, and ab out 7s. 6d for the proces verbal, he has no m '■>( I h) m i 111 I k m ExMIGllANT S jiioro money to pay for obtaining his lands. ■ Tlic local position of those lands, which are held by the Seigniors ; their propinquity to the river, and the facility of reaching the /markets, ^v^ll be tbund to compensate for the difference of climate, and for all the disadvantages attached to the tenure. Another advantage of the seignioral ti- tles, is the facility with which the farmers ; can dispose of their farms, should a change of circumstances, 'or any other e- vent render it necessary to do so. In the ' case of lands granted, in free and common soccage, as will be seen hereafter ; the lo- catee does not get his deed of concession at once ; nor does he procure such a title ^s is disposable. He obtains what is called a Location ticket, by which he .is obliged to perform certain conditions, and it is on- ly after the performance of these, chat he procures a right to the soil ; such as to ^n- ' able him to transfer it to another. It has happened in some cases, that the granting of these deeds or patents, has been deJay- *:^ •»' ASSISTANT. m eil for years, and the occupier of tlic land having no power to sell has been deprived oi^ an advantage ^us opportunity of doing so, when he might have embraced it. Among the objections to the scignioral titles one of the best founded, and which has been the most strongly reprobated, is the payment of the Lods ct ventcs on the sale or muta- tion of property. This burden is said to operate, in deterring the industrious agri- culturist from expending his labour or money, in improving his farm •, because on the sale of it, he is obliged to relinquish to his Seignior 8| per cent of the capital laid out ; or of the profits he would get from it. This is a stubborn fiict, which the most zealous advocates for that tenure cannot deny 5 and it is obvious if it were not com- pensated by other advantages, would put a stop to the cultivation of seignioral lands, among all those who wished to improve lands for the purpose of selling them. . ^^ The exclusive right of erecting mills by the Seignior is another impediment, with ( 4f] U-i jr 64 EMIGRANT 8 W many to settle under their tenure, It haa been urged as a hardship, that a farmer should be obliged to have his grui.i ground at one particuhir mill, and to pay a speciti- ed toll, when he might get it equally well manufactured, and at a more reasonable rate, at a mill perhaps more contiguous to his farm. The same thing existed under the feudal system in Great Britain, and the • advantages which have accrued there, from ' a commutation of muulters and an abroga- tioiv of this plan, may be fairly advanced as a proof of its injurious consequences where- ' ev'dL continued. This duty however was highly judicious, and indispensably neces- sary, at the time it was imposed o n the Seigniors. The erection of mills, and keeping them in proper repair is attended with an expense, which few of the subfu- ers or tenants could afford. There were not at that time, men of capital and enter- prise in the country ; who would embark in such an undertaking ; and unless mills had been erected by the Seigniors, there „,■ u ■ „-; , . ASSISTANT. m would have been but few, and perhaps none, to supply the wunts of the people. If the tens^nts are obliged to grind their corn at the Seignior's mills, on the other hand the seigniors are bound, to erect mills, and preserve them in proper order. Hence it is attended with a mutual benefit and as ought to be the case, in al' con* tracts, a reciprocal advantage to the prr% ties concerned. It is also deserving of notice, that in some places where mills are erected by pri- vate individuals, the toll chargr>d is always as higii, and frequently higher, than that exacted at the seigniorial mills. A PREJUDICE has arisen against seigno- rial tenures, more difficult to overcome, than that resulting from either of the above objections ; and it is more difficult to op- pose by argument, as it is purely ideal, and has no foundation in any definite or known circumstance. I allude to the derogatory idiea of vassalai>e, which some attach to those sub-tenants, who hold land from Seigniors. I V "'- I. •,, r f\\ ! >' <*I\V $' ! 1; EMIGRANT S During tlie operations of the feudal systeiiij the holder of lands wus compelled to pay homage and fealty to the sovereign, as the Lord of the soil. He was also bound to the performance of other duties, such as furnishing his quota of foot-soldiers or horse- . men, when the king went to war. These conditions however existed only between the ^ling and the Seignior ; they had no ifeference to the subtenant or the farmer, " to whom the latter had conceded his lands. In the deed of concession given by the Seignior, as far as I have heard, no vassal- age or fealty was exacted. In the early time, when the Seigniors had the rrjht of exercising high and low justice, within Jieir territories, something of this kind might have existed, but that ceased at the time the Seigniors relinquished these rights ; . and at the present moment nothing is . claimed of the farmer, unless what is ex- pressly stipulated in the deed of concession. Under this view of the subject, it is obvi- : ©US that this objection is fogjided on a • I » ■'» ■^ ASSISTANT. C7 vague and incorrect opinion ; and forms no valid argument aguinit the Seigiiioral tenure. On tiie contrary, it appears from custom, that those holding lands under this tenure are more itidependant and more ex- empt from vassalage duties than those v»ho ^ hold directly from the crown. The King, as sovereign Lord of all the soil, requires certain conditions from . such as hold it under him, as v.issals, which conditions may be either expressr ed or implied in the patents coi^veying the lands. In the case of the seig^iio- ral title, those who aie the more im- mediate vassals ef the crown, step for- ward and become bound for the perform- ance of these duties ; whereas the subte- nant, who holds of them, is exempted from every description of foalty, unless expressly stipulated at the time he takes the lands. > ;; > In this argument, I am supported by the opinion of some of our most eminent law- yers, Blackstone Vol 2. Cap. o says "all A ■" I ;•<. !■ ' I r- ';:. t 68 ICMIGEANT S V'', %'\ 'V 3\ SKl. tenures bein^^ thus derived of the king, those that lieid immediately under him, in right of his ciowri and dignity were called his tenants in Cnpite ; which was the most honourable species of tenure, but at the same time sufjjccted the tennnts to greater and more burdensome services, than inferior tenures did,** In objecting to the seignio- Kil titles it has been asserted that they are prejudicial to agriculture ; and many of the advocates of this opinion, will maintain it without advancing one solid reason in its support. The best reply to this, is the no. torious fact^ that the farms of good agricuU turists, even when held by the seigniorai tenure, are under as good a state of culti- vation, the occupiers of them as wealthy, if not more so, as those who hold farms in free and common soccage. From which it is obvious, that if the soil, and the exerti- ons of the farmer be equal, no difficulty will arise to tbv^ progress of improvement, or the prosperity of the farmer under either tenure. In reply to all this, it may be i'ii>> ASSISTANT. 69 idskedi what is the reason the same pro- gress has not been made in settling the lands under the seignioral tenure, as those in free and common soccage ? The cause of this is obvious. The solid objections a- rising from the existance of the lods et ventes operated in the first place against this tenure j for no settlers from Great Britain would take lands subject to such a burthen, when they could procure them without it. This, combined with other ob^ jections to this tenure (many of which as has been already shewn have no foundati- on in reality) at first, excited a strong pre- judice against it. This unfavorable opini- on has been kept up, by the avaricious con- duct of the Seigniors, in some cases ; and in others, by their remissness in not exert- ing themselves to get their lands settled. Several of them have lefl the management of their estates, to selfish or negligent a- gents, who were more intent on aggrandi- sing themselves, than in forwarding the wishes of settlers, or promoting the truQ M m k r^ ni^ > ,■ '¥: h:,i. m i^r; *:\ . lift : I 70 EMIGRANT S interest of their employers. Such men frequently put off those applying for lands, with some trivial excuse ; and it has been said that they sometimes exacted a douceur before a deed of concession could be ob- tained from ihem. In some cases, the Seigniors are said to have co-operated with them in this unfair traffic, and to have sha- red their spoil ; in others it has been al- ledged that the Seigniors preferred present, though inconsiderable, emolument, to their future and more solid interest'. an4 conce- ded their whole seigniories to their agents, in their confidence, and that in such cases, applicants for lands could obtain them in no way, but by a purchase from such a- gent. On the amount of this purchase, the Seignior became entitled to his lods et rentes^ and by these means, a difficulty and an expense, attended the obtaining a seign- ioral grant on such Seigniories, which few men were willing to incur. These instan- ces of unfair conduct on the part of the Seigniors, it is to be hoped are exceedinglj .r*- M ASSISTANT* 71 rite ; and although they have contributed to keep up the prejudices against this des- cription of teruie, it can never be said they arise from an inherent deftct in the tenure itself; for the more intelligent seign- iors, who see and appreciate the advanta- ges of having their estates settled, and well cultivated ; readily concede their farms to such as apply for them, on the fair condi- tions by which they are bound to do so. The complaints against the seignioral te- nure are not of a recent date. In the year 1790, a committee of the whole council was held at Quebec, by order of Lord Dorchester then Governor in Chief, for the purpose of enquiring into, and deliberating upon the propriety of converting, the te- nures held in fief and seigniorie, into that of free and common soccage. This order wa§ issued, in consequence of a petition from a Mr. Lanaudiere, to enable him to make a conversion of his tenure ; At the same time the council, in the event of their considering that legislative' interference 11,'^ 9P EanOEANT s ;.< 1t . l'^ 1 I miglit be necessary for this purpose, were ordered to prepare a draft of a bill, such as they thought proper, for the object in- tended. In the course of their investigation, ma- ny facts and circumstances relative to the . "seignioral tenure were elicited ; but in the report they presented, it was stated, "that in exploring the causes of the tardy pro- gression of the population of the country, under the Government of France, there seems to be no gi'ound for ascribing it to the non-compliance of the Seigniors, with the conditions for cultivation expressed in . their patents or grants." Tlie committee on this occasion, after expressing their doubt how far a conversion of these tenures would be prudent, in a political point of view, express their decided opinion that it could not be effected without legislative in- terference, and proceed accordingly to draft a bill for this purpose. By this bill, it was to be enacted, that every person de- sirous of effecting a change of his tenure, ■•;! ,, .' i ASSISTANT. 73 were cli as t in- ma- the in the " that pro- untry, there it to , with jed in mittee their enures tint of that it tive in- ly to IS bill, on de- tenure, from the seignioral to that of free and com- mon soccage ; should make a surrender of his lands into the hands of his majesty's re- presentative in the province : and after his having done so, that the Governor or the person administering the Government, should be bound within a certain timcj af- ter such a surrender is made, to cause a fresh grant to be made out to the said per- son, of the same lands, to be held in free and common soccage. This is the only way, by which such a conversion of the te- nures could be effected. The accomplish- ment of such an object, is of too great im- portance, to be done without the interfe- rence of legislative authority ; and as it in- volves the interests of two contracting par- ties, it can never be accomplished but by their mutual consent. By this plan, it would be left optional with the parties to embrace the change or not, as they chose, and unless such consent was given on theii* part, it would be deemed an undue interfe- rence of legal authority to compell it. In d ! (. / ■ ■■ /•' ■' C: r~ 74 EMIGRANT S > l,,i:^ all cases where Ian Js hav2 been granted by the French crown, under tlie seignioral ti- tle, the British Government have sedulous- ly adhered to it ; and that, not only in ca- ses, where the representatives of the origi- nal Grantees are alive, but also in those in- stances, where the lands from forfeiture or ©ther causes have reverted to the crown. It has been alledged that a conversion of the seignioral tenure, into that of free and common soccage has been opposed, on the principle that the crown would not re- -iinquish the immunities it derives from te- nures of the former description ; This, I am inclined to think is an assumed argu- ment, and totally devoid of foundation. It has already been shewn, that the far greater portion of the lands granted by the French King, were given under the fief and seignioral tenure. From these the crown reaps no benefit, except the Quint on the sale of a Seigniory, or the rentes and lods et ventes, which it receives from such vas- sals as hold lands by the inferior species of v.. ASSISTANT. 75 ed by ral ti- ulous* in ca- origi- )se in- ure or Town, ersion f free ed, on ot re- >m te- his, I argu- lation. he far 3y the ef and crown )n the d lods h vas- ues of tenure, such as roture 5^c. from the crown, I am not prepared to state the amount of revenue which it derives from these sour- ces at present, as a portion of it depends upon casualties it can never be estimated with precision. The part of the amount which is fixed also depends upon the quick transition of property, and unless ii towns cannot be very large. From the Receiver General's Books betw^een the years 1775, and 1785, the wiiole amount did not exceed ten thousand pounds ster* ling, including the arrears due previous to that period ; a sum far too insignificent to operate against any measure which would be beneficial to the country, for it cannot for a moment be imagined, that Government would hold the possession of th*3 trifling sum in competition with the advantages, which would arise from having the country settled and its wealth and poli- tical importance encreased. Free and Common Soccage This, as already observed, forms the se- in I TT ) • 1 76 EMIGRANT'S M |J 1 concl species of tcnute, by which lands »iro held in the Canadas, and the next subject for the consideration of those who are de- sirous of becoming landhohlci*s in the Coun- try. There has been a difference of opini- on among writers respecting the origin of the tewn soccage, while some have main- tained that it is derived from an old saxon word signifying liberty, because the adop- tion of this tenure conferred additional li- berty on the tenants or vassals ; others with equal zeal have concluded that it owes its origin, to an obselete word signifying a plough, because one of the chief conditions of this tenure obliged the tenant to plough the manor of his lord, cr to give so many days of his plough and cattle for that pur- pose. It is unnecessary to waste time, in enquiring which of these derivations is the most correct. The signification of the term, as it is most generally understood at the present time, and agreeable to the ac- ceptation it has obtained from some of our Ynost eminent lawyers, is detailed in the !i^: > ASSISTANT. 77 h arc ibject e de- Coun- opini- rin of main- saxon aJop- ■»al li- s with wes its zing a ditions plough many t pur- ine, in is the of the ood at he ac- of our in the subsequent passages ; and this is ail that is required to be known in the present work. When any word or plu'ase conveys a clear and accurate idea, of wliich evtMy man of common information, can form a correct conception ; it is surely unnecessary in a work designed for public use, to hunt aftei- obscure and difficult authors, in search of the radical term from which il is derived. The tenure of free and common soccage is distin^jcuished from that in fief and seiiiui- orial, and from all otiiers, by its having the services or returns, which the landlord ex- acts from his tenant or vassal, clearly and accurately defined ; as to nature extent and time of performance. ^ e Under the feudal tenures, the vassal was bound to fulfill certain services and duties to his lord, as a consideration for the lands he held, and the latter might call upon him for the performance of those sei;- vices, wherever he chose, and as often as he pleased. But by the tenure in freo ' and conxmon soccage, the conditions on m Hi i H I ti lmicrant's >vhich the vassal holds tFie lands, are ex- pressly stipulated in the deed of concessi- on ; and by their being thus defined, no- thing beyond the performance of them as specified in that agreement, can be exact- ed. It will be obvious to our readers, that the adoption of a tenure such as this, (and diflfering as above mentioned from the for- mer feudal rights which gave the lord of the soil an unlimittedsway over his vassal,) conferred a very great and important aug- mentation of freedom on the latter. Thence it is probable that the epithet Jree was ad- ded to this tenure, while at the same time its coming generally into use, might have given it the other title of common and from the combination of these arose the whole term Free and common Soccage, ^ vSoME of our writers on law, are of opini- on that this tenure is only applicable to those instances, wherein a fixed and defi^ nite sum of money is paid for knds, and contend that, in all caees where personal ASSrSTANT. 7^ e ex- icessi- I, no- ;m as exact- , that (and le for- ord of vassal,) it aiig- rhence yvas ad- e time It have id from B whole >f opini • able to id defi' ds, and personal services of any description, (known of old by the name of Escuage or Sergcntiy) is demanded, it becomes a military tenure, under the feudal plan and different from that under the free and common soccagc But this opinion is neither accordant, with the original acceptation of the term, nor a^ greeable to the sense in which it has been received, by many other writers of equal ce- lebrity with the supporters of the first opi- nion, who contend that it is not the na- ture or extent of the conditions which forms the specific distinction between this tenure and others j but that the difference consists solely, in these conditions being accurately defined, and stipulated for, be- tween the lord and his vassal see Blackstone Vol. II. Book. ^2d Cap 64 Writers on civil law, when treating on this subject, have described different kinds of soccage tenure, but in as far as this is referable to lands in Canada, it is only necessary to notice one description of this tenure 5 there being no lands but what are granted under it, ex- '' ■i ^%i;: so EMIGRANT S cept such as ^re held by the seignioral or other tenures formerly mentioned. Free and common Soccage was estab- lished, (us iias been already noticed,) by an. act of Khig Charles II, which act, not only describes it, but also provides for its continuation. After discharging the other kinds of te- nure, by \^hich lands had been formerly granted, and securing- certain rents and fees witich arose to the crown, from parti* cular customs Hxed by these tenures ; re- serving the right to such incnies as may be due from the alienation of hinds or tene- ments, previously made, and also providing for such suits at law as may hereafter oc- cur respecting former tenures ; it pro- ceeds, " and be it enacted by the au- ** thority aforesaid tiiat all tenures hereaf- " ter to be created by the King ^ majesty, *' his heirs or successors, upon any gifts or '* grants o^ any manors lands tenements^or ** hereditaments of any estate of inheri- ** tance at the common law shall be in Jree I ASSISTANT. 81 " and common soccagc, and shall be adjudg- ** ed to be, in free and common soccage on- '* ly, and not by Knights service" &:c. ^c. U Car. II Cap, 24 Se^t. 4. The Tenure of Free and common Soccage . being thus established, and provision made for its continuance, by the common law of England, it would obviou-Iy be extended to this country, on its annexation to the Bri- tish Empire ; as there was no provision to the contrary in the treaty which ceded it, nor any provincial statute passed since that time that could operate against it. That this has been the case, is evinced from the practice pursued since the above period : for almost all the lands which have been conceded, under the authority of the British Government in Canada, have been granted in free and common soccage, in con- formity to the provisions of the above act.* <•/ The only thi-ee ?xceptions to this are the Seigniories oC Malbay, Mount Murray, in the District of Quebec and Me?- •joacha Point in the District of Gaspe. " ' ~ 8^ EailGMNT S il'l 1. f I ill ■'■4 ' m The advantages attached to this species of tenure are so well known, and so just- ly appreciated, that a minute enumeration of them would be superfluous j but in re- gard to the particular conditions which are exacted from the landholders in Canada^ or what may be called the tenure by which lands are at present granted in this coun- try, some further illustration becomes ne- cessary- _ ,, ,,....,, ^ -,, -.vv,^..; "^ ..-■■;.. These conditions are fixed, by the au- thority of tl;^ Governor and council, and are as follows. Every person obtaining lands is obliged to become bonajide, a settler upon them. He must build a house and keep in repair the road in front of his lot or farm ; and lastly he must clear five acres for every hundred he has got before he gets his title to them* It deserves to be noticed that these conditions are strict- ly enforced, in the Upper Province only, and their exaction has only been made of late years. In Lower Canada, large tract* gf lanct have been ceded to individual* ASSISTANT* 83 without attaching to them the duty of ac- tual settlement ; and hIIGIIANT S i!^ 3s. and 6d. per acre, and is made payable in ditterent small instalments, to suit the convenience of the farmer, and this only in Upper Canada, in Lower Canada he pays only ^3s. for fees of council, &c. The ex- istence of a strong prejudice against the seignioral or fief tenure, has already been no- ticed ; and this is accompanied with a corres- ponding partiality, in favour of the tenure in free and common socage. It has also been seen, that many of the prejudices urged a- gainst the former, are totally unfounded, and owe their existence, rather to tlie abu- ses which have crept in among the holders of lands under that tenure, than to inhe- rent defects in itself. ■ '^ ' THEKii have also been outcries, and complaints, against the tenure in soccagc j and an enquiry into some of these may not be useless, as it will shew that they arc e- qually destitute of foundation with iUonv urg^d agaj'^st the former, and ought to form no just objections to it. • . ^og (' ' < yabie i the ily in pays B ex- it the enno- :orres- ure in been 5fcd a- intled, e abu- lolders inhe- and L'cagc f ay not arc e- tli(>«<* rht to ASSISTANT. The ftrst thing the opponents of this te-' nure, have advanced against it, is founded on that clause in the conditions, which compells the holder of lands to settle on them. In consequence of this obligation, say they, the possessor of an old cultivated farm will never take a new one, for the purpose of improving it, because he would be obliged to leave the former and reside on the latter, to undergo privations he could hever submit to. The falsity of this species of reasoning is so obvious, that it may be thought unnecessary to waste time in refuting it ; such an objecti- on can never apply, but in cases where the farmer is the possessor of an old farm, and even in these instances it ought to be no valid obstacle to the tenure. For if he viere not bound to actual settlement, it would ultimately be found to his advan- t»ge to reside on his lands, and for the present will subject him to no additional expense. He can build, in most cases, a log house to live in for the sum of tea or I.' ^■\ > , • 1 ■ f III H «.. -v' . ; ' ' '■' ' -"»> '-• ' rr\- 4 -r m DmGBANT^S i. rn: V'W IT; .,1 ; twenty poiiads ^ and whilst bis o^^rations of clearing and f^o^ipg s^e going oPi he will 6ml it proper for hico^elf lo beoo. the spot, on the score of prudeoco* Hiis cuU - tivated fitfm will furnish » home ibr his; fa-. vaily, supply stock for his ovm use* and raise provisions for himself and lahourfi^a while employed in cleairiog the otheh At the same time^ if a prudent aiirange-* ment be followed, it will not require hia undivided attention, so as t^ prevent his *■ devoting a large portion of his time to su-< perintend the operations on. his new lands* It is therefore obvious from a consider;ation of these facts ; that even if this clause did not exist, every intelligent farmer who wished to cultivate his lands on the most economical plan, would reside upouc them, and this part of the conditions Bequires no- thing farther. The enlb cing actual set* tlement, upon those who have no place of residence, but their own lands, can be no hardship, to them compliance becomes a matter of expediency, and such as th^^ ! . ASSISTTAKT. '^•■' I h he a the is; fa-» > and )ureira otheh mnge- re bia nfc his to su^ lands. »ration ise did who most thorn. Ires UQ- il set* !e of be no >mes a th^^ would never object to it. It is therefore evi- dent that this part of tine conditions, never can militate against the interest of the indi- viduals themselves ; and ought not to be objected to as ar fault in the tenure, nor in those who have imposed it, or whose duly it is to see it duly performed and it ought to be kept in mind that the settler may act by proxy in Lower Canada. See appendix. If we consider its operation in a national point of view, instead of being objectiona- ble it will be found one of the wisest mea- sures our Legislature could have devised. The plan of disposing of the uncultivated lands in the United States, has been often complained of, as it is found to subject the poorer fprmer to serious delay, and heavy ex- pense before he can get a small lot. This ari- ses from their waste lands being bought up in immense tracts, by individuals, who wish to sell them out again i and who not unfre- quently do so at such an exorbitant rate, t* subjects the small farmer to heavy bur- thens, and cramps his best exertiong for I -', 'A I .11 iiK m. ' VI SS EMIGRANT S I' ( I! Ill I! i lli» ,; :|. ..I ' I •> -v- *nany years. It was with the intention ot' avoiding a similar state of things in Cana- da, that the Legislature devised the condi- tions by which lands are at present conce- ded. The imposing the duty of actual settle- ment, and the obliging the holder to clear five acres of every hundfed, was perhaps the best plan that coujd have been hit up- on for this purpose. It eflectually pre- vents the waste lands from becoming the prey of land-jobbers, and such as, niiglit procure large tracts of it as an article of speculation, and thereby protects the iii- dustrious cultivator, of the soil from nirtuy unreasonable exactions he woVild otherwise be CAposed to. The soccage tenure in Canada, as at pre- sent exercised, is considered obJ3ctionable from the expense attending it.. The charges in this respect vary in the two provinces and in different parts of the same province ; but in no case do they exceed three shil- lings and sixpence per acre, including the necessary fees,: the price paid for thejands, I ,,,.■ .' V? ■../.. /CSSI9TAKT. •9 ,. ion of Cana- condi- coiice- . scttle- > clear )erhaps liit up- ly pre- ng the . might ,icle of the iii- I nidiiy hcrwise ;r>,/..-. > at pre- ionable charges 'ovinces ovincc ; ee sliil- ling the \ elands, and all contingencies. This objection, if it can be considered one, is only applicable to the Upper lYovince a table of the fees charged in \vh}ch> will be seen in the Ap- pendix. Ir> Lower Canada there is io- thing to pay until the final land patent be made out for tho settler^ excepting some trifling fee^ to the various offices and these are not regulated according to the extent of the grant : nor do they exceed Q4ss. for 100 or 1000 acres. A circumstance which of itself gives the Lower Province a decided advantage over the Upper, foe a settler who may be in straitened circum- stances. In a country such a^ Canada^ wl>ere the great abundance of waste lands, renders it of little value as an article qS- purchase, this sum, of3&. Gd. small as it ap- pears, will frequently be considered too high, unless tli€ lands possess some great advanta- ges as respects soil cr situation. But al- though the present price of lands may give a colour of truth to this opinion, it will ob- viously be of short duration, forasth* va- H 2 K '\ 1 1 1 ■ ( ' 1 1 ' 1 -' . I r»T" * 00 EMIOnANT S i ' I •! I ;, . ■■■! lue of lands comes to be known and appre- , ciated, and as cultivation extends, by the country becoming more settled, this will in ' a few years be reckoned a very small price for lands of a middling quality. Even at the present time, if aU the circqmstances of the case be considered, it will not be deemed an unreasonable demand for land- ed property. It has already been remark- ed, that, this amount is payable by instal- ments, and the time given for paying it i» such, as to afford every convenience to the farmer for doing so. In almost every situ- ation^ with a moderate degree of industry, and attention, he can realize as much from the produce of his lands, besici^u his own expenses and the cost of clean ? it, as will pay his instalmtnts when they become due ; and when it is remembered, thai foi* . this small amount, he can not only procure a comfortable independance during hie own life, but also make a provision for his f nmi- ly at his death, he certainly has but little wuse. of complaint « this head. The 1 3 V ■ ( f \ i i .i r I , ',-^ > ■ ! * . , *. ■1 ,« . • ASSISTANT.' H 9t Justice and liberality of government, liave been amply displayed in making this cie- mand for lie lands, they concede. When nn applicant is so very poor, as to be una- ble to pay for his lands, fifty acres aie giv- en to him free of all charges : and in those instances where individuals have claims on Government for services rendered, they obtain lands Gratis. This applies to the cases of such men as have served, in the Army or Navy, to all of whom land is giv- en in quantities proportionate to the rank they held, free of all costs. There appears to be something unreasonable, (not to call it unjust,) in complaints from this cause, and it would «eeni as if such characters could never be satisfied with the utmost extent of '"**\onal liberality. Government, in torder * trry on a regular system in the land-dej. . ^ment, is under the necessity of supporting an extensive establishment, fot the purpose of surveying and appropriating lots of land to the various applicants. This cannot be done but at a heavy cost, and it /.;■:: ""-4 '• I ii <:!:r'-^.' .^- «8>. ^r**; IMAGE EVALUATION TEST TARGET (MT-3) M/ 4^4 % <° m 1.0 I.I |50 "^^ ■■■ ■^ 1^ 12.2 Sf Hi "*« £f 1^ 12.0 m . 1:25 1 1.4 1.6 ^ 6« ► Hiotographic Sciences Corporation d S5§ ,\ (V <^ ''\ [\^. ^y^ ;\ 23 WEST M JM STREET m Tin.h.yt. 14580 (716) 873-4503 I n EMIGRANT'S is surely unfair tia expect, that Government is to be^r the whole charge without any re* muneratjon, ot saay^ means of defraying the expense attendant on so extensive an arrangement. From this, a good argument may also be drawn, in favor of the amount Qf tl>ese charges at the present day. Al- though they may appear to be in many ca* «es> more tlian the farmer can easily a0brd, the whole sum resultinj^ from them, is not adequate to remunerate the labour of men !0i talents, such as «'e capable oi dischar* giTig the important tru8f> that must be pla»> 'ced hfi tbem it) the above situations. The )aLt pbjectiQ9 tx) th0 iSoccage Tenure i$ founded on: an^ abuse of, and a mistaken idea>f it conditions, it is said to ba difH<^ cult to obtain a regukr title, .w as to ena* ble thq farmer to sell or dispose of bis farm s^lould \}e wish to 4or so, ^it-; tos befell . a)* ready mentioned, that, three years are al» lowed to the settler, to perform the duties which entitle him to ^ deed of his lands ; but it must BOt be inferred frp^ this, l^t ASSISTANT. 03 he must >vait for that space pf tii;ne before he can procure such a document : on the contrary, as soon as he can pro%e that he has performed the settlemeint duty, even at tlie expiry of the iir$t year he v/ill ob- tain his title 'deeds on applying for them. In some of the old townships in Upper Canada, the landholders have not yet ob- tained titles to their lands, although they are long since under cultivation ; but this lias arisen from some informality or error in the form of conceding them, and not from a defect in the socca^e te4iare ; A similar delay is not likely to- occur hi fu- ture ; as Government have of latie p&id more attention to the granting, of lands, they are pledged to furnish deeds on it being proved that the settleh ' ha\^ performed the settlement duty j and there is no doubt^ they will fulfil their promise. In the foregoing remarks, a few of the most important properties, of the two prin. cipal sorts of tenure in this country have been detailed. The objections which arc 'I ;ii ■ HI 1 ' V. fll rrv^ H £MI6«AM3r'& f ' coiiiiiiotiiy uiiged against them liave also been noticed. Many of Uiese, which have been ascribed to bnperfections in the te- nures, ame from the nou-iulfiUaaent of the ccnditians they impose -, and others have been created by interested men to serve their Own ends. To. proceed further with the view of demOnstratiBg the superiority of the one, or exhibiting the defects of the other, would lead into, a detail far exceed- ing the intended Hmits. It is suflScient for the emigrant, who- Gomes to Canada in quest of lands to be assured that the industrious and prudent agricultyrist, Sieldom fails to reap a due reward for his labours, whether he holds bis farm under the Seignioral right or . io. ficee^d qon^mpn soccage. -I.. ;i!i 4jc- ■' ■; ] •fi/ ^SSUVTAMTvi % 1 ^' DIVISIONS OiP EANDl^'^^ <^^^ W ij i il^BJevious to exutfinBg; j6o, t^ paiticiiiAr diroction^t -ae to ifiQ, metlio^. of app^ing; for, and obtaining laiuj^ sapoe account of t^ plsiR on whiefh tdie^ aie laid out> m^^be (keaaed, expedient. AmtU ..jIJ'hb Seigniories^ a8> formerly noticed,, ai'ei fo^pa^ed of laig^ tfaLCispi various ex- tent, ivi/thf their fixing bordering on the mve^) and extending back to a greater ov; Ije^idisUOiCe* 7^M^&re 4)vi^^ inio lots (difiering iii^ su^e in different Seigniories,) b^ lines drawn at; right angles with, the river, or nearly so,^ and extpndipg back to the depth of the. wholes Other lines, running at right an- gles with these,, cut them transversely, and divide the whole in tiE>< lot^ (£ an oblong •shape; eacl?ii of which forms what is callfed I'! ■J' a ■!! 1'*) ' 'ti"-.U»^- in emicrant's iii ) a concession or farm. The desire to obtain lots bordering on the river, induced the seigniors to run the lines y^hich go at right angles with the river, as close to each other as possible, sd that }n maqy casesf they are only the width of two acres apart.* 'The trisinsverse lines which separate the coticessions are' at greatei^ or liess distances ajiait, 20, 30, or . '!■ 98 EMIGRANT S but arc^ not fii^d to ariy- particular part of the Towflship nor hive they nty prefer- ence J on the contrary, wlten tli«se have been laid out in such a way, as to interfere with the pursuits of the sfettler, or retard his operations ; there have been instances in which Government have changed them for others not lying in the way of the set- tlement For the more ready administration of justice, and various other purposes, each of the provinces have been divided into large districts, and the Government of Upper Canada have lately taken advan- tage of this division, to facilitate the grant- ing of lands. They have established, in each of these districts, a land board, su- bordinate to the head of the department at the seat of Government in York, to which applicants for lands are to pre- sent their claims, in the manner hereafter described. It is to be wished that some arrange- tnent of this sort was adopted in Lower ASSISTANT^ 99 rt of refer- have erfere retard nances them B set- on of , each 1 into ;nt of kdvan- grant- ed, in d, su- iment rkj to pre- reafler range- Low^r Canada, where the farmer desirous of pro- curing lands, is subject to a great waste of time and labour, being obhged to. make one, and frequently more, long journies to Quebec, before he can get a grant of lauds. I ^ CHAPTER VI. The form of obtaining Lands in Canada^ XiHh the mode of applying for thenu Undeu the Seignioral tenure, this is a simple and cheap process. The farmer has only to go to the Seignior, and after £xing upon a lot, which has not been pre- viously conceded, the Seignior gets it sur- veyed and a process verbal made out ; for which the settler has to pay a small sum, namely, about 15s. for surveying, and 7s. 6d. for the process verbal. This is aU that is required ; the farmer can then proceed with his operations, and has from this sim- u «; ( \m\ hi! ' 'i . If lOQ JfMICnANT'fl pie arrangement all the title and right U) the ground he ever can obtain under thin species of tenure. ►> In the tenure by Boccage, some farther formality is required, and the plan to be pursued in the Lower Province diflcrs in some respects from that in the Upper. In the former, when a farmer wishes to obtain lands, after fixing upon the spot that suits him, he mustgo to the Surveyor General's office, where he obtaina a certifi- cate of the lol in question not having been previously conceded. From thi he pro- ceeded to the office of the Provincial Secre- tary, for the purpose of ascertaining if it be vacant, from the records kept in that department. Having received from these two certificates, of the lot be has chosen being unconceded ; he has next to apply to the Govemoi' and Council by a memori- al stating his wishes and specifying the lot ; and ac(jompanying it with the certificates of its being vacant. On this memorial the Governor ami Council decide, either for or ASSISTANT, 101 against tiie applicant. If the former, it it returned to him and on ])re9enting it at the Surveyor General^t) office, a license of settlement, denominated a location ticket, is given, and his name enrolled as the pos- sessor of the lot in question : on whidi authority he goes and commences the per- formance of the settlement duty as above described, which being accomplished, he obtains his title deed under the seal of the Province, and the signature of the Govern- or, for the time being, agreeably to the forms prescribed for that purpose. In Upper Canada, the mode pursued for this purpose is somewhat different. The settler, wishing to obtain lands, if lie goQs to York the Capital of the country, he must first appear before a commissioner, lippointed for the purpose, and take the u- ,sual oaths of allegiance, abjuration, and supremacy, (if a Protestant,) but if a Ro- man Catholic, he is only required to take the oath of allegiance, agreeably to the act of the 14th of his late Majesty. The .' tt I I*' » <• - .-: 1^ > I li' (' •li 102 EUIGRANT S >.': A' Commissioner then gives him a certificate of his having been sworn, for which a charge of 2s. and Gd. Halifax Currency is made. The applicant next makes out u petition or memorial (see appendix) to the Governor and Council, atid lodges it ac- companied with the above certificate, and Buch other testimonials of character as he may have, with the clerk of the Executive Council,^ who charges a fee of ^s. and 6d. Halifax Currency, and directs him to ap- ply on the the next day the council sits,*, when he is examined by his Excellency in Council and the merits of his petition deci* ded on. If the answer be favourable, he receives from the clerk of the council, a warrant addressed to the Surveyor General,, containing the order on his petition, and on presenting it at the office of the latter, his name is entered on the plan of the Township, for the lot he has chosen ; and he receives a licence or location ticket (vide appendix) authorising him to proceed * The Council meeU every second Wednesday. / ASSISTANT. 105 cate :h a ;y is ut a a the ; ac- and as he utive d6d. 3 ap- sits>*. cy in deci' e, he icil, a neral,. and latter, >f the ; and ticket oceed and settle on his lot, for the purpose of performing the settlement duty. This tic- ket contains, a description of the land lo« cated, and the conditions of location for* merly mentioned, for which the Surveyor General receives a fee of 2s. and fid. Hali- fax Currency. The foregoing plan is pur» lued in case of the applicant for land be^ ing at the seat of Government; but as it frequently happens that he is in a remote part of the Province, drawn there perhaps from a desii^e of joining his relations, or from some other reason, a provision for granting him lands, without e:(posing him to the expense of a long journey to the seat of Government was thought necessary. In consideration of this difficulty, the di- vision of the country into districts was ta- ken advantage of^ to facilitate the grant* ing of lands, and a Land Board establish- ed in each district by an order of the Exe- cutive Council to that effect dated 13th March, 1819* as follows : I ;U 'IJ 'l -- > ' • - fi 10^ li, ill' W li. n . - ■ 1 emigrant's: •'1 , 1. '1 ; Executive Council Chamber^ 13th March, 1819 nbert\ ■ i \. \' Fresent, . /r " u His Excellency Sib Peregrine Maitlani> K. C. B. Lieut.. Governor in Council. ** Whereas, great inconvenience accrues to Emigrants desirous to become settlers in this province, from the necessity of pre^ sentiog themselves at York, before they can obtain a location on the waste lands . of the crown. For -remedy thereof. Hi* ■;'■]■: Excellency the Lieut. Governor, by and with the advice and consent of the Execu- tive Council, is pleased to appoint, in each of the districts, certain persons to form a Boar4 with power tO' locate any emigrant^ or other person, desirous to become a set- tler in the respective district, on a lot of 100 acres within the same, under such lim- itations, restrictions^ and rules, as from time to time may be made for the govern- ment of the said Boards by any order in Council." i' .) ASSISTANT* 105 RULES & REGULATIONS. TiiE Boards will assemble, one day at least, in each week, of which public notice shall be given in the district. They shall examine every applicant, and minute his place of birth, age, and time of coming into the province, shall receive and minute a declaration, that he ha% not be- fore received any land frpm the Crown, within it. Whereupon being satisfied as to his cha- racter, and the propriety of admitting him to become a settler, the Board shall admi- nister to him the oath of allegiance, and deliver to him a certificate to that effect, signed, by two members at least, and hav- ing entered his name in the Township plan, shall at the foot of the said certificate, assign to such settler the said lot, and deliver the certificate with such assignment, in order that upon the production thereof, with proof of having performed the settlement duty, he may receive a pateut grant of the land. For which purpose liie Surveyor General shali 106 £MIORANT S r..'. I •'i. il? : ' . i furnish the Boards, with plans of each Township, shewing the lots therein unloca- ted. — After the deposit of such plans with the Board, no location to be made therein by the Surveyor General, until he shall have received, on special reference, a cer. tificace from the Board, that no settler i» located thereon. In case of any apparent occupation or improvement, made on any lot, vacant on the plan, no location to be made thereon, without further order from the Surveyor General* The Land Boards, may appoint a clerk to preserve a minute of their proceedings, and countersign their certificates, upon delivery of which he may receive from the applicant^ the sum of Seven shillings and si^pence^ The advantages attending this arrange- ment aie too^ obvious, to require enumera- tion. It, m the first place, lessens the heavy and important duties of the Survey- or General, thereby diminishing the chan- ces of mistakes and irregularities in his de^ partment If affords, an opportunity to *he ASSISTANT. 107 eack iloca- with lerein shall a cer. ler ift )areiit n any lobe from boards, ninute their e may im of range- imera- IS the urvey- chan- lis de- to ^he settlert to obtain his lands in a distant part of the province, without the delays, expen- ses, and many other inconveniences, at- tendant on a long journey. It places the settler more' immediately under the eye of those from whom he has received his lands, and thereby imposes on him an additional inducement to exert himself in performing the settlement duties. Add to all this, that, the gentlemen composing the land Boards in the different districts, are men resident in those districts, who have an in- terest in seeing th6m improved, and will not fail to encourage the new settler with their advice and countenance, in the labo- rious exertions unavoidably attendant on his first attempt. * In this way, the appointment of Land Boards, has been attended with the most salutary consequences^ in Upper Canada ; and it is sincerely to be wished that a simi- lar plan were adopted in the Lower Pro- vince. The form of Location Ticket or certificate of settlement, which is given by iyr(^ SOS EMIGRANT*^ the district Land Boards, differs iu some trivial respects, from that wliich is issued at the seat of Government ; but it is equal* ly valid in a legal point of view, and simi* lar in the conditions it imposes on the set- tler, (vide (jppendix.) The Regulations for these subordinate Land Boards, are more minutely detailed in a letter from the Provincial Secretary to D. M'Gregor Rogers, Esq. Chairman of the Land Board of the New-Castle district, Upper Canada, dated 26th April, 181 9f vide appendix. Besides the foregoing methods to be pur- sued for obtaining grants of lands, there are others which deserve to be noticed here. It has been already stated that reti- red officers or men from the army or navy, whose services give them a claim on Gov- ernment, can readily obtain grants of Land in the Canadas, on applying for them. Such characters have also some prefer- ences over others and the government has of late been sedulously careful that they should reap the full advantages, these pre- a 1 s ASSISTANT. i-L 109 some isued qual* V e set- itions are from rregor Board inada, »e pur- there oticed t reti- navy, Gov- Land them. >refer- nmeut at they se pre- ferences give them. The quantity of land?* allowed to officers under these circumstan- ces is in proportion to their rank. They are exempted from paying the fees which are exacted from settlers not so situated, and no conditions beyond those connected with the fulfilment of the settlement duty are imposed upon them, In addition to these the government has set apart particu- lar portions of land in different parts of the two Provinces under ^he denomination of" Military settlements" to be given to such characters, In these military settle- , ments, a much greater degree of regulari- ty and order, in settling prevails, than among those who sit down promiscuously in other situations. Each of them is un- der the immediate direction of an officer termed a Superintendant the discharge of whose duty, is of material importance in preserving ♦hat order and regularity. On any person who has procured a lot in one of these, not fulfilling the settlement duty, or in case of his abandoning it afterwards : I ill ^1 ■ V .-/ no EMIGRANT'S I i 111;, the superintendant, being on the spot im- mediately discovers this, and on making tiis report to Government of the lot in question being vacated it is given to ano- ther applicant, and thereby prevented from being left uncultivated when all a- round it are so. In many cases after the petitioner for lands has obtained the order in council for the lots he applied for, and when he has received his location ticket and sets out to settle on them, either from the negligence of those who have been em- ployed in making the survey ; or perhaps from some other cause, on his arrival at the spot he finds the pickets marking the boundary of his lot have been removed, and he has to spend much time and labour before he can ascertain the place where it is, or the exact extent of it. In the mili- tary settlements, the new comers are not subjected to this inconvenience. The su- perintendant is on the settlement, and the applicant has only to go to him, and he will accompany him, both pointing out bis ASSISTANT. Ill M lot and correctly designating its boundaries. But in the application to be previously, made there is a slight difference from the plan above detailed. On an officer so situated, arriving in Canada, with the view of set- tling on his lands ; after he has selected the settlement he wishes to go to, he ap- plies to the Governor in Chief by a memo- rial. This application is accompanied vt ith certificates of bis service, and the other necessary documents, designating his rank &c. &c. On the Governor giving a decision on this petition, it is then taken to the Quar- ter Master General, who writes an order on it, addressed to the superintendant of the settlement in question, stating the rank of the applicant and the number of acres he is intitled to. With this order the pe- titioner then goes to the settlement, when the Superintendant lays out his location for him in terms of the order, and he proceeds with his improvements accordingly. As far as regard the subsequent proceedings for obtaining the Patent deeds &c. the mi- lis EMIGRANT 8 litary settler is on the same footing with others. Another method by which lands may be obtained in the Canadas is the follow- ing ; and which will be found to answer the purpose of many who are possessed of a small capital. In a former part of this work, it has been stated that soon after this country became a portion of the British Empire, the Government desirous to re- ward its adherents, had given to several of them extensive tracts of waste lands as a recompence for their services. These, extensive grants as well as others which were subsequently procured were given to the grantees without imposing upon them any conditions, such as at present exist. They were not liable for non-fulfillment of the settlement duties, and many of them never paid any farther attention to the lands th«y had procured in this way. In consequence of this there are at this day, large tracts of excellent lands lying in a state of nature, in many parts of the Pro- c ASSISTANT. 113 jxist. of Ithem the In [day, in a IPro- vince, which had hecn originally given out in this manner, being too extensive for the original grantees to bring under cultivation themselves ; and they never have made any exertions to procure farmers to settle upon them. Tiie titles of these grantees or their representatives are as valid as any descrip- tion of tenure which can be obtained ; antl to the small capitalist it will be found an object well deserving his attention to make a purchase of some of them. Such lands are frequently valuable from their quality and situation ; and they can readily be prow cured at prices varying from Cid. to 6s, per acre. Tliis plan will enable the settler to make a deliberate selection of a lot adapted to his future views ; he will not be subject- ed to these conditions and obligations which have been more recently imposed 5 and in the event of the purchase he thus makes, not being found to answer his expectations ; on a trial of it, by being thus furnished at once with a valid and transferrable title he may dispose of it and buy another more suitable « IH emigrant's m ^ s- Iwr I f \-U for his purposes. But, on the other hand, it is obvious this plan cannot be taken ad- vantage of by the poorer settler : he perhaps Ivardly possesses the means of living, while Cultivating for his first cropj far less can he advance money for a purchase of lands ; to him therefor there only remains the other alternative namely, to procure his lands in the way already described, either directly from government, or from some of the Seigniors as is most agreeable to him. The mode to be pursued for obtaining the patent grant or deed of the lands, is nearly similar in both Provinces and is as follows. How soon the settler has per- formed the conditions specified in the loca- tion ticket, he applies to the nearest ma- gistrate, and if no magistrate reside near him, to two of his neighbours who proceed to inspect his improvements 5 and certify upon oath if they are perfoi med as requi- red by law, before a magistrate. Their affidavit, or the certificate of the magis- trate, (provided he has inspected and rc- H %■ I ASSISTANT, 11. and, { ad- haps labile [ can indsy other ds in rectly if the ainlng ids, is ind is s per- i loca- t ma- j near :oceed ertify requi- Their magis- d re- ported the state of the lands,) is then at- tached to the Location Ticket, and pre- sented to the Surveyor General, whose du- ty it is to note upon the ticket, if any al- teration which could affect the interest or right of the settler has taken place, since he went on his lands. Provided nothing of the kind has occurred, the Surveyor General gives an authority to the Receiv- er General, to whom must be paid the proportion of the crown fees, and also the fees, for surveying the whole grant. Having received a receipt for these, the settler next goes to the Land granting Offi- cers, to whom he pays the fees allowed them for making out the patent grant, and on presenting their receipt, along with that of the Receiver General, his location ticket and certificate of having performed the settlement duty, to the Attorney General, he receives from him, a fiat for making out the patent grant, addressed to the Surveyor General. This grant is then made out, containing an accurate description of the Ul irrr^ T I iin KMICIIANT S extent, aiul boundaries and also a spccifi- cation i)i' tlic clergy lescrves in respect to the land granted ; and is in this state sent to the Secretary of the province to be en- grossed. It is then transmitted to the Attorney General, along with the Surveyor Generals description, and after being examined by the former, and his name signed on the margin of it ; it is returned to the Provin- cial Secretary, who affixes the great Seal of the Province to it, and sends it to the Go- vernor's private Secretary for his Excellen- cy's Signature. After this it is sent to the Provincial Secretary, who forwards it to the Auditor General of Land Patents, when it is docketed, and returned to the Provincial Secretary, where it is registered and depos- ited in his Office, until called for by th^ Grantee or his Agent. '^»jRl ASSISTANT. 117 CHAPTER Vir. THE METHOD OF CLEARING LANDS. HAVING in the preceding pages, point- ed out the regular method to be pursued by such as are desirous of procuring lands, a few observations respecting the best plan of proceeding to render these la!ids produc- tive, may not be superfluous in this place. It deserves however, to be remarked, that the operation of clearing lands, is liable to be affected by such an infinite variety of concurrent circumstances, arising from the quality of the timber — the local position of the land — the present views or ulterior de- signs of the settler, &c. &c. that no explicit rule can be laid down applicable to all ca- ses. — All therefore that can be done, is to give a brief account of the methods most generally in use j leaving it to the judg- ment of the settler to select that one which 118 ]^|1IGRANT*S ■ it ■, it li'i lii may be best adapted to his. own particular situation. The plan most frequently pursued is, for the settler to go over his ground and cut up all the under-wood which is tevmed Brushy as close to the roots as possible ; having done this, he n?xt cuts down the larger trees at a convenient height from the ground,, takinn; care to make them fall as much ia one direction as he can. These last are then cut up in pieces of eight or ten feet long, so as to enable them to be drawn to- gether in one place. In this state, mixed with the branches and brush wood, as they have falleri,^ they are set on fire, and as much consumed as possible.. After the fire of the first burning is extinguished, the settler, by the help of his oxen, draws the larger logs, which, are left unconsun\ed, into heaps, wLen they are again set on fire which commonly consumes them entirely. Provided the quality af the timber,v and the circumstances of the farmer be such as to induce him to manufacture Potash, ha T s, for ut up \rushf done trees ound>. ich ia 5t arc a feet m to- mixed s they ,nd as ^r the d, the ws the umed> )n fire itire^'. r,. and ich as ih, ha ASSISTANT. 119 goes on his lands after this second burning, and collects the ashes for that purpose; but if on the contrary, his object be to pro- cure a crop, his lands are in this state rea- dy for sowing, and he may throw in the seed and cover it slightly with what is term- ed a brush harrow. No ploughing is re- quired on land in this state, and it could hardly be effected if requisite, owing to the numerous impediments from the fibrous roots, and the stumps which are left stand* ing. The alkaline property of the ashes combining with, and acting on the rich ve- getable mould, always ensures a supera- bundant crop from the simple process above detailed. The second method of clearing varies in some respects from the above plan. Here the settler cuts down the brush wood, and after eoUecting it along with the smaller timber burns it. .The larger trees are left standing and are what termed girdled ; that isj an iiicision or notch is made round each, ^t the height of three or four feet from the UQ EMIGRANT S J • !i! P ground, and so deep as to penetrate quite through the bark. .By this means the cir- culation of the sap in the tree is impeded, and it dies in the course of a year or two, when it falls and is burned in the way above noticed. Much has been said as to the comparative advantages of these tw^o methods of clearing ; and Hke every thing of the kind, the prefer^ce given to either of them must be influenced by the state of existing circumstances. As to the matter of expense, the first method cosls nearly double that of the last, the cutting up of the underbrush being but a trifling under- taking, and when the larger trees are dried and fall of themselves, they are burned at a far less expense than when in a green state. The advocates for the first method, have advanced reasons in favour of it no less substantial than these. It is in the first place the most elegarit method of clearing. In the case of girdling the shade of the large trees which are left standing, impedes ASSISTANT. m m quite 3 cir- eded, r two, ! way as to e tw^o thing either ite of matter nearly up of under- dried ed at green o have less first jaring. )f the ipedes tke rays of tke Sua a»d prevents the crop coining to such perf^^tion, as it does if th^ were cut 4own : Hence if a settler xmly clears ten acres by the first plan, he :viil have as much crop trom them, and will be more sure of reaping his reward* than he would from double the extent of i;rbund, cleared in the manner last deseri^ bed. The experience of later years seems also to have sanctioned the first, in prefer- ^ence to the last plan, for few instances of girdloig are now to he seen, unless in pla- ces where there are few large trees, or wheie the settler is not anxious for, or de- j>endant on a large return the first year. T^B expense of clearing lands by either of the above processes, difTers in different parts of the country, and is generally esti-, inated by tiie value of labour in other ope- rations. , ^ The Stamps, which are necessarily left in the ground after clearing in both the above methods, are allowed to remain there until they rot out in the course of time ; L >"?r 'ill id" B'»t 4 ua e^iigbamVs The period necessary for this ivili vary ac- cording to the xlesq^ption of the land and the species of timber; in general the stumps Df the softer ki«ds decay in three or four years, while others continue; from ten to fifteen ; but as they are gradually diminish- ing in number every succeeding year» thr facility for using the plough becomes pro- portionally greater. . It will occur to any man convjeraant witli the best and readiest methods of sar ving labour that jsl jnore eis^peditious plan thaa either of these might be adopted ; by cutting down all the trees and underwood together, and after they have been left, a. sufficient time to dry, by setting fij:% jto them at once. By this method the labjQiii;: and time required for collecting the brush wood into heaps might be saved, and as a great portion of the larger timber would be thus consumed, the labour of cutting up the logs, and collecting them into heaps (termed logging) would be \eTy much **- bridged. There are however serious objecr so thi in I mm ASSISTANTS 123 !'>V! lions against this plan. Those experienced in the business have .discovered that the excessive heat i^hich is by this means ap- plied to the whole surface destroys the ve- getative power of the soil j and if cleared in this manner it will not bear a crop for many years after. This is no doubt a valid objection in many descriptions of soil. If it contains a large portion of iron, the calci- nation it would undergo in this process will no doubt injure its fertility* If the soil be > of a lime stone or calcareous nature the cormplete destruction of the animal and ve» getable matter, by this plan, will leave^ no substance for the lime, thus formed, to act upon. In Argillaceous or clay soils, the surface may become so indurated by the beat as to be unfit to produce a crop. ; Or lastly the reduction of all the vegetable substances in the soil into ashes along with that produced by the trees may render the soil too alkaline in its nature. In either of these cases the views of the farmer who expects a crop will be frustrated j ^nd it h (If ,iiii ^ M 1S4 EMIGRANT'S, \ , ■\-\ of but little consequence to enquire how his defeat occurs \ since ample experience confirms the fact that lands cleared in this manner are unfit to bear a crop for years after. A siiiGHT consideration of the above me- thods of clearing lands exonerates, the Ca- nada settler from a reproach to which he has been long undeservedly subjected, by strangers who have visited the country* I mean the want of taste, in not leaving groves and patches of wood in different places, to beautify his farm. It is obvious from what is above said, that were he incli- tied to make such reservations y it would be hardly possible to do so but at an enormous expense, as the ravages of the fire during the first fuming could seldom be prevent- ed from extending to such a favorite spot* Its limits can seldom be correctly circum- scribed, far less is it possible to preserve unscathed, a favorite bush or ttee, in the middle of the space over which it has to pass. Another objection to the reservation «p ASSISTANT • * \2d of trees^ fpr the sake of embellishment in Canada, is the circumstance , of their not continuing. Trees which grow in large thick forests, seldom extend their roots and fibres so far in the ground, as those which are planted detached or in small clustres. Hence when a farmer in Canada leaves a solitary tree, or even a clump of trees for an ornament to his farm, they are generally blown down by the first high wind, and are on this account not worth the trouble of ^ preserving. It has been asserted that the fsLrtner in i\As country^ ought not to reserve elustres of trees in the midst of his cleared ground, even if such a thing were practical ble ; because such a reservation affords shelter to small birds and other vermine which eat up his crop. It must be con« fessed that this objection possesses consid* erable force in some cases, but it only beara . in particular situations. If the farm be si 1 i lulvi ) • , . , \ • "f • ..rl *:^»'.. ^;r> ;vvr 1 , • • , • ■n • ' ' "t ■ • , . * f .;■ V ■ >;.'i^ ''i ■ . .••; i.:i' I n '. .\ .v. ; , •f .' i'h'.tip I ' : . "• '..>.».*' ; I .:^,v- '•■• .'V ;<:-<'•■ \y.T. .'ji... .; ' ', /.'*'•»• ixa>3»s&ii3>a^< THE JoUomng Official Papers relative ta the granting qf the tvaste lands of the Crown in Upper Canada^ contain the latest regulations ly Government on thai subject .1 N^- 1. ' p ^ . _Mfecu(ive^ Council Office, YoBK, I44h Decejnlfer*lS\9, Whekba» It is desirable to alleviate the situation e£ Ae poorer classes of settlers, by an exemption^ from any charge on the PateiSt deed, and also to remove all obstacles from the more free ficconunodation of odierft with larger grants, than h^ye been usu^tlly made v His Excellency the Lieutenant Governor in Council, has been pleased to order tha|.the first mentioned elass^ ef settlers may receive a gratuitous Grant of fifty aeres, lender exclusion, be it understood^ from any furthes Grant from the Crown, but with liberty tp lease- the Reserves. _ . ' * , *n ;. ; To meet the above gratuity^ and encreas^d buithens attending the pvurchase and distribution of Lands Sft^ I H i^t APPENDIX^ I ; • 1 ) .,! \ 1. It ifl ordered that the icale of demandi on the Grant of one hundred acrea and upwardi shall be regulated according to>the annexed table, to take effect from the first of January, 1820. It is further ordered that the restriction from the sale for three yeara be abolished, and that deeds may issue on proper certificates of the performance of settling duties being produced. The grantee will be required to clear one half of the road in front of each lot, and the depth of two and one half ehains from the road the whole length of every lot,, and erect a dwelling House. TABLE OF FEESr Upon all grants of Land issuing under orders in Council, bearing date subsequent to the l«t January. 1£20, the fdlowing sums wi)l be paid by the patentee* On Grams of 60 Acree ■I. pn do 100 do On do 90O do On d. til* £vis'^3rc^itt IS$ States, shborA N<»' St i trantt- wfU be the pre- y meet- ODfititUttt ghly i»- impiwre"" he is iin- n to the 'rrmatioft pular, he nim. lii cation, t ta&y be ;ulaar Ipt i jr to re- to point irith ano- l by *e is pr&c- cess'ty ef I^Oftil OV A liOCATION TlCKET FROM THE SSA.'J> OF OOVj:RNM£NT CONFORMABLE TO AN ORDER IK Council ov the 18th JunEi 1817. Wo. Ticket of ILonatiox. no( tranxferahlCf pur- iuant.to an order in Council of the 18th Junie, 1817 and order of his Bearing dat0 I DO hereby assign to An Emigrant settler from ~ number ' in thff the ToveniHiip of containingi^ authorised to occupy and imptove; and upon proof produced to the honouffible the Executive Council, 6f his actual settlement and residetice on the said lot^ at the end of two years he shall be entitled to receive a grant of the said acres on the usual terms of payment of' lees, under the reguiaiions of the sixth o^ July, uue thousand eight hundred and four. Given at the Surveyor Otnerars Office at Korl^/ Upper Canada, this day of l^oe Xhousaad Eight Hundred and the Lot Concession, of in the district acres, which he is' \ SecT. M i^'i APPENDIX, K^- C. yOUM OF A LOCATION TICKET FROM A DISTRICT LAND-BOARD IN UPPER CANADA. I; iA i j^i Land-Boardf Distnci, A. B. born at in of the age 9f years, having arrived in this Province and petitioned to become a Settlers therein, has been exaniined by up, and we being satisfied vith his character, and of the propriety of admitting him to become a Settler, and having administered to him the 'atli of Allegiance, de assign to him One Hundred Acres of Land, being the half of Lot No. , in the Concession of the hi for which, upon due proof of having clear- ed and cropped five Acres, and cleared half the Eoad in front of his land, of having erected and inhabited a house thereon for one year, he will be entitled to re- ceive a Grant to hini and his Heirs, be paying the Fa* tent Fee of £5 - U- 1. Sterling. N. B.— If the SeWlement duty is not performed within two years, this Location to be of no value, but assigned to another Settler, APrEN'DIX, 135 -N°- 7. rRiC'i FORM or A PETITION FOR LANDS. nci* the age 'rovince therein, ill v'ith r him to him the lundreci Lot No. ig dear- ie Eoad >abite N**' 9. ^tract of a .report (^ the Cotnmitiee of tJie tt^i^ale Covn* cil dated the lith Augustf 18 IS. Approved by His Grace t,he Governo.r in Chief •JB Council, ,29th Augyst, 1818. On a petition /or exemption from personal residence ,an Lands recommended .to be granted to the petition^. *' Thb Committee do humbly report, -that the condl- " tion of the Location Ticket, .being that , he or his fa- .*' mily do remain thereon Jbr .the period of three years^ " and that Jour acres , thereof ei lea^ be deartd and cuU " tivated du/mg that period^ jfind 41 dwelling hmtse erect- " edy they are humbly of opinion thfjt the Petitioner js .'' not bound to. reside person/illy }ipon the land in ques- *' tioD, apd that the performance of the conditions by '* any person he may place upon it will be sufficient.-' .(Certieed^ ' W. D. RYLAND. , ^st. Clk. Execut. ^JoHn^il. 4-_.'. 4 CONTENTS. I 'u f : ' ! i' - ii ;. I li ' -1 ' '('p 1: CHAPTER I. Page 7' CiiA^roES in the Agriculture of Canada — Its imperfect state under the French government — The old system •of granting lands a barrier to agricultural improve- jnent. — Political changes which liave operated to its advancement — The declaration of independence by ;the United States — Influx of Loyalists — Lands gifen to them — Emigration— its eonsef[uence8 in improving fthe Agriculture— Influx of Farmers from the United States their mode of procedure in clearing lands — The effects of tlie late war on Canadian Agriculture. iEmigrants.to be encouraged to settle in Canada. CHAPTER II.-^Page Q5„ ITiiE mode of assisting Emigrants — objections to giving theno, direct charity.— The different classes of Emi- grants — the capital required for a Canada farmer.— Poorer Emigrants, how assisted — The views of all Emigrants the same. Emigrants to be encouraged -in a political view— ^reaaarks on former publications 4Jn .this subject CONTENTI^r ISO CHAPTER III.— Page 4^. Gen'eral state of CanaUii — The forra of government, the division of the Country into two Provinces- Quebec Bill^-Ueh'gion of the Canadas— lands reserv» ed for the church — Manufactories — Coiam«rce S^c* CHAPTER IV.— Page 6U Tenures of Lflnds. — Seignioral tenure, it* origin na- ture and extent. Rights of the King — Quint — liifthta of the Seignior — rents — Lods et ventes— Inferior feu- dal tenures — Advantages of tlie* Seignioral tennre— prejudices against it not well founded — abuses of it Proceedings of the Council respecting a conversion of the Seignioral tenure. — Free" and common Soccage— Its origin and nature — the advantages attending iC and '.t,c coiiditions in Canada. Settlement duty — pri- ces paid for lands under the soccage tenure— the ob- jections to this tenure not well fourfded— The supe- ' rior attention paid to granting lands by government. CHAPTER v.— Page 94. Division of Lands — Seignfoiies how devided— Town- ships — their extent and division — Crown and Clergy reserves — Land boards established in districts— The advantages of them in saving time and expence to theseitler* ■1. 'l ■ i (■ 140 CONrENT^. CitAPTER VI.— Page m Foam of obtaining lands ih tlanada^-tfnder the Setg" niori — under the tenure by free and comnMn eoccage —In LoWer Canada^— in- Upper Canada— At the seat of government — Frotnr the District Land boards- Minutes of the Council of Upper Canada for estab- lishing Land boards in titc Districts — rules for theix* government. Military settlements — theii* nature- mode of obtaining lands in them — Purchasing landtf from the representatives of the original grantees — >' Method to be pursued for obtaining the patent deedv CHAPTER Vll.— Page 117. KIethod of cleaning lands— ^Cutting Up thiB Brusii^ wood — Chopping — Logging and burning — Girdlingf ■—objections to burning all the trees together. ^Ira<« practicability of preserving- trees for embellishing; farms inr Canada^ appendix:— Pag6 129. Tabl£ 0^ fees chtirged on grants of Land in Upper Canada— Instructiont to District Land Boards.— Form of Locadon Ticket — Location Ticket from the District Land board — Form of Petition for Lands—* Extract of the minutes of Council relative to actual •eCtlement on lands in Lower Canada* he ^eig" I loccage t the scat boards— }r cstab- f'or theii^ nature— ng landtf 'anteeB— • snt deedv Brusll^ Girdling^ er. ^Ira- tellishing! in Uppe* ioardfi.— from the Landf^-^ to actual