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D Coloured covers/ Couverture do couleur I I Covers damaged/ Couverture endommag^ ! ^1 Covers restored and/or laminated/ I — I Couverture restaur^ et/ou poiliculAe □ Cover title missing/ Le titre de couverture manque I I Coloured maps/ D Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ D D n Planches et/ou illustrations en couleur Bound with other material/ ReiiA avac d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serrie peut causer de I'ombre ou de la distorsion le long de la marge intirieure Blank lea;.^ ^- r* * .-^ • « * • • • • . : :. : J: : ; • :; :/•:.- , « • • " i t • ^:a^l ac EXTRACT FROM THE JVtINUtES OF COUNCIL, mimmtrf Refpe^in^ the Wafte L{tftds of the Crown of tkt 20t(i. Sept^mber^_ 1798. , j.:,' ^ ^■r-^"t%. -^i r.. T ..^ -r ..,'■ .. ., ■ I' ' ■• tr '»t-Yf Tmrjday^ ic«A. September, 1798. M t\it Coi'rttiii Chamtfef rn the Caftlc of St. Le^iS, PRESENT. His Excellertty ^03^rt ^rescott, Ef^. OoverhbT^ and The Honorable W, OioooDE, Chief Juftice, Tile Lord BiihopA W> Frah9ois ^'aby, Sc HughFinlay, ^"pyohh Young, npHE entry of the Minutes of the lail Meeting df *- the Board (9tk of July lailj being read, His Ex!- cellency reqtiefted that it might be remembered^ that the order for recording the Report of the Comrhittae 6f the2'othof June (relative to the New RlegulatiOns then lately received through His Majeft/s Sccifc't^t^y H of •1^ t 48 ] of State, ill conformity to the inflru6lion under His Majefly's Royal Sign Manual bearing date at St, James's, the ]5th day of Augufl, 1797, communipatecj to the Board on the 1 ith of June lad) was not voluntas ry on his part ; lut, on the contrary, that the draft of the Minute which His Excellency on that day brought forward flood thus, ** His Excellency laid ** before the Board a Jlcport of a Committee of the " whole Council dated the a oth of June la ft upon the '* reference of theiithof the fanic Month refpec- "** ting the Wafte Lands of the Crpwn, which was read *' and ordered to be filed;" and thai it was purely in compliance with a reqiieft of the Board that His Ex- cellenc) had permitted the word '* Jiled" to be ft ruck out, and the word " entered'* to be fubftituded in ita place. His Excellency could not but feel fome degree of regret, at the circumftance of that requeft having been macie, and complied with : His regret. His Excellen- cy laid, arole irom this confideration ; the Records of liie Proceedings relative to the granting of the Wafle Lands of the Crown, by an old ftanding order, per- fedly conformable to His Majcfty's Royal Inftruai- pns, and therefore to be held in all cafes inviolably facred fecred, Open i ions cc It aj when, i inentar and hi Reafon cial File bers of dividua the Go cil for t be reco! take pi at once althoug ftndeavc before*! pinion 1 and ait to correi being s time dil that th( indcr His e at Su iunipate4 >t voluntas the draft that day ncy laid e of the upon the I refpec- was read •urely in ; His Ex- be ftrucJc ied in it^ degree of zing been Excellen- ! Records the Wafte der, per- In(lru6li- inviolably facred C 49 3 fticred, were, what they undoubtedly ought to be, Open for the information and fatijifaaion of all per- ions concerned therein. It appeared to him, His Excellency obferved, that when, on any fubjeft, there might happen to be a mo- inentary difference of opinion between the Governor and his Council, it would be much better that their Reafonings fliould be put, at leaft for a time, on fpe- cial Files^ to be open only to the Governor and Mem- bers of the Council (or to fuch other particular In- dividuals as might obtain Special PermifTion from the Governor or from fome Member of the Coun- cil for that purpofe) to the end that the fame might be reconfidered, whereby an Union of opinion might take place previous to the recording, than to record at once the different Opinions fo entertained. For although His Excellency would in fuch cafes always endeavour On his part, to confider the fubjeft fo fully before^hand, as not to be afraid of fubmitting his o- pinion thereon to the Judgment of the whole World; and although he would always be ready on his part tocorrea by a/i^^wre document any miftake (all men being at times liable to error) that he might at any time dikovcrin a prior one; yet, (admitting likewife that the f;imc difpofitions (hould equally prevail in H 12 the «''!! E 50 3 the brca{i$ of all the Members of tfcc Council, Iii# Excellency could fee no ufc in entering upon Recoid, opinions that were not coincident ; at lead, until ihcy ihould be reconfidered. II The reafons His Excellency faid, which induce^ him to prefer the putting of fuch different opinions in all future cafes \i\ion fpecial FtUs, was this, he could fe^ BO good reafon why any momentary diflference of opi- nion between the Governor, and the Council, fhouldj be open to the Public; which muft be the cafe in re- gard to the I^and-bufinefs, if entered upon Record: for. His Excellency faid, he could on no Account whatever depart fo far from the Orders of his Roy^l leader, a» to allow any of His Majcfty's Inftru6lions relative to the granting of the Wrtfte Lands of th^ Crown, or any of the Proceedings had thereon, (o far as the fame fliall be entered on Record or Placed of Record upon the Qrdmary Eiles, to be kept from the Fartie$ concerned* His Majefty's Royal Inl^rufilions, in Order to avoid all Caufes of Complaint with refpeft to Partiality, llridly enjoin (in addition to any Publication tha^ might be made by ** Proclamation or otherwife,") tha^ all Inflru6lions which His Majelly has given, or may hereafter t 5^ 1 hereafter give ** relative to the pafTing grants of Lands " in coformity to the A61 paffcd in the thirty firft year *' of His Reign, be entered upon Record, for the In- " formation and fatisfaftion of all parties whatever ** that may be concerned therein." The Inflruflion relative to caufing " a publication to be made by Proclamation or otherwife," gives in fome degree a.difcr(tionaryFQWGt^ to be exercifedby thofe who mi^ht be entrufted with the adminiftration of the Provincial Government : But His Majefly's Royal commands, that His Inftrudions Iball be entered upon record, and that all Parties concerned (hall have free accefs to thofe Records, are in no degree difcretionary but in every refpetl pofitive. Were the Parties to have free accefs to the Records for the purpofe merely of knowmg His Majefly's Royal Inftru^ions, conlidered by themfelves, feparate and dillii^ft from the Proceedings had thereon, fuch accefs could be of no poITible avail to them. The Inftru€lions therefore, together likewife with the Pro- ceedings thereon, in which the Interefts of Individuals may be concerned, are neccffarily included in His Ma- jcfty's Royal Commands; and His Excellency can on no *o condition (at leafl on no condition fhort ot an exJ pnl\. Pcrmidion fjoin Ilts Roy.il Mafter) allow His Xlajtfly'jj Commands to be difobcyed. lil^ Excellency then informed the Board that he Jiad received a R.'porr of the Committee of the whole Council dated the grh of Aiigurt, and delivered on the i6th of the fame m mth, upon the Reference o£ the 9th of July lafl.— On pcfufing the Report, His Excellency faid, he found that certain parts thereof «onuined opinions vvhich he could not cxaftly coin- tide with; and he had therefore made certain Remarks in writing, relative to the points which appeared to him in a dilRrent light Ifom that in which they had appear- cd to the Committee; which, together with the Report, he was about to lay before the Board. As His Excellency had not till now, explain- ed his reafons with refpea to the placing of any Documents on Special Filn ; it was his intention, in the pr^fcnt inflance, to make fuch Order as the Board Jiii^ht think proper to advife, whether to put the pre. fcnt Report together with hi. remarks thereon upon a Spuial File as above defined or to enter them upon Record: And if the B-ard Ihould not be prepared to favour him v.iih heir advice therein, he Chould Order tlie r S3 ] ;bc Report, and his Rcmaiks, to be put on fuch 5/»«. cial File for the prefent, and not records] until fur- ther Orders may be given therein by the Governor, after the cxpirntion of ten days from this time. His Excellency then laid the Report, to^-ther witb the Remarks he had made thereon in writing;, before the Board; which, being read and conhdered, The Chief Jufticc, in the name and on the behalf of (h« Members prefent, adifcd that the Ornie be entered, And His Excellency having given his word, in man- per above-mentioned, ordered the fame to be entered cf Record accordingly. 7//£ REPORT. [M. B. ThedifPercnt paragraphs arc numbered i, 2. 3, c^c. fur the purpole of enabhn- the Reader to refer the more eafiiy to thvj currelpontlent T^rts of the Governor's reiiarks, wliich aie numbered in the fame manner.! •Tv vour Excellen- cy, the Committee are ready to admit that it appears to 1 countenance -gg^r^^f v* '* ' .-'*-'' ^ '' C S7 3 cotantenancc the procedure mentioned in the Order oT Reference: But *viih regard to that document, it has long Once been confidered as nullity, both with refj* pe€l to the Obje^ of its immediate tendency, and alfo as conftituting an Authority to juftify the proi ceeding alluded to. The obje6l of its immediate tendency wi^s tp pbt^|i ^ fupply of Surveyors for ;he Nejiv J^wnlhips a^ jthe joiut expence of the Crown and the Applicants ; this divifipn pf payment was for fgme- time deemed to be an authorized meafure; but it being wilely confidered by His Majefty's Mini, fters, tl?at it was fufficient for the Crown to extend its bounty, withoi^t incurring an additional charge on account of its liberality; the Governor received in con- fequence, authentic information that the Crown would beat no further expence on that objett. From this period the document in quell ion has been looked up- on as a dead letter: as an authority to juftify the pro. ceeding alluded to it is null, becauie it was made under the prevalence of a temporary miftake, and is in di- red contravention of His Majefty's Inftrudions. 6 To explain more fully the naiure of this temporary: millake, the Committee with your Excellency's per- .,.<( r,ai — mhiiou, Wiii enter into a brief narrative of the pro- ceedings of the Land-granting Department, by which I '^ the f. '1 .'■1 ; tkt delay that has already obtwedi in^ he partly accounted for j and the pofition afferted by tb^ Com* mittcje in their former Report, tbat they bay e uniform* \y endeavoured to repel a£l^;^l fettlement Jjefore a ^ compliance with the Previous formalities, will be eftabliihed by the jnoll auth^tic ^rooh. - It appears by lan Entry in the Council Book mar- ted (C) of fbe aoth February 1792, that a LantJ Committee was on tiiat day named in CotilcH. On the 17th March, 1792, a Report of the Com, mittee of the whole Council upon certain doubts fu''- gefted by the Land Committee is entered. In this Report after obferving « that an abundant population of thefe Countries feems to be the main obje6t of the Royal inftruaions," the Chairman of the Committer propofed a plan of the ordinary progrefs of the bu- linefs of the Land Office Department as follows : lit. A Petition to the Governor for the vacancy defu red under a dtfcription to be accurately afcer- tained by a future Survey. lid. The Reference of it to a Committee of the Council for their Repoat. IIW. t 59 1 flld. Judgment in €o.anciI iheredn; ind whfin Tar tht Grant, an Order for ijjiiing a Warrant to the Sur* veyor General, for the Return of a Survey agreea^ ble to the Royal Iaflru6lions : this Warrant to be under the Governor's Hand and S^al at Arms. ^Vth. Then the adjti>ftment in Council of thefliarc* of each of the Patentee^. Vih. A Tranrmiffion of the Lift by the Clerk of th^ Cottncil tothe Cotnmifrioners for taking their qua- Mcations under ftanding Inftruaions for that f>urpofe, within the time limited by an Ad or Mi- iioite of Cauntil. yith. A Report from the CommifTioners to the Coun- cil-Office ; whence thofe papers are to go into the hands of the Attorney General for his Report t» the Secretary's Office of the Draft of a Patent. yilth. The Patent to be there engrolTed and ifTutd . under the Great Seal upon payment of the Fees due to all the Officers concerned, and to be ac- cordingly diftributed by the Secretary, who is to record the patent, and preferve all the detached papers in due hjei. After which it is recorded " that the Committee con- cur m £ 6o I •^ cur in tlie mode of proceeding aforementioned fugcs, " ted by the Chair/' and this Report wa^ finally con- firmed in Council. From fome caufe which it were ufelefs now to en- quire into, it fo happened, that the progrefs of bufinefs propofed by the Chairman of that day, direftly in- verted the courfe commanded by His Majeftv's In- ftiuaions; for it appears that by the progrefs propdr fed, the Order for iffuing a Warrant for tjie Return of a Survey, precedes the Tranfmiflion of the Lift for taking the (qualifications ; whereas by flis Majefty's Royal laftruaions (No, 35,; it is exprefsjy dire^ftrd that '« in order to prevent any perfons cjisaffeaed '* to Vs and our Government, from becoming Set- ^'* tiers in our faid Province of Lower Canada, it is our *• will and Pleafure that no warrants for purveying •* Lavds k granted by you, or the Lieutcna.it Governor ** or the PerfonadminiUering the Government for the ** time being, unlcfs the Pe.fon or Perfons applying, •• do at the time of making fuch application, befide* •* takmg the ufual Oaths direaed by ]^w, alfo make « and fubfcribe the following declaration in your or *' his prefenre, or in the prefence of fuch Perfon or *• Peifons as IJiall by you or him be appointed." &c. In C is period tho^ fortner ChaifiTwiri of the Gommittee of the whole Council [Wm. Sm4th^ ¥/q. Chief Juftice] was no more; and within t ifjort time afterwards every Member of the prefen^ Council had a^ feat at the Board. The bulinefs of I.and-grajuing began ferioufly io be rcfumed, and (^oinm^fiionor^. f^r giving effea to His Majefty's- fn^ ^udions were duly appointed. Upon a review; of forrner Proceedings the lj:rror that had heretofore oc- c^irred was. noticed, and imiiiediafce courfe was taken |o repair it; and tbi.s, in the opinion, of the eo!nmtttee, is the true pciiod at which an effeaive coriimence- Hient of the Land-granting Department ought to be ^xed; not only becaufe the former proceedmgs being contrary tothe exprcfs Inflruaions of Government I ^altho' Government with becoming dignity did not jnean to vacate them) were null ; but alfo, bocaufe the effential powers to put the bufinefs in motion were mot till this junaure combined, or even created. From this time, the Ext curive Council, being aware of the mifchicfs arihng from aaual Settlement with- out a- Compliance with the previous formalities, have wmformly endeavoured to inhibit it; and have em- ployed themfclves to carry His Majefty's Inftrudions into ex^xution, witli rerpeci to paft Proceedings, if not ttS^f^f^if I" ^3 .! not in ihe ot-der ift which they had been dirc£led[, at Icafl fO their full extent; and, withrefpefl to future Proceedings, duly to obfei've the Ordef prefcribed by His Mdjcfty.to prevent a^ual fettlcfnent 'till all pre- vious reqliifites fllould be faithfully obferved ; and as evidence that futh \Tis both the refolve and pf cilice, they beg leave to refer' yoaf '£x quicken the attention of thofe who having taken pof- felfion under their Warrants of Survey, wwe contentid with their occupancy, and did not feenfi difpofed t6 give thcmfelves any further trouble, Public Notiefe was given, from the Exeoitrve Council-Office, on the r-Tf^^ lArtTtafv xnn^. «* frt A^^l tierfrttis who have ob- K " taincd M '■'■ t' ._ ■-■• «■ ■f ;!■ >'■ '■ < C 64 3 " tai„cd Warrants of Survey, or orders of Hi. Ex- « H \7-"'' ^''""°' '■" ^°""^" f- -y P-' of ^^ H„ Majcfty-s ungranted Land. i„ thh Province to .^^ comply witli the requirements contained in the faid Advemlements oi. or before the firll day of Au.uft «ext and .hat m default of fuch co.npl.ance, they .^^ wtl be conlidcrcdby Government to have relm- - qu./l.ed their pretenfions under any order of Coun- ' cI or Warrant of Survey that may have been di. retted in confcquence," 9. At the expiration of this period it appeared by the •Schedules annexed, and the Returns of the Comm.lKo- ■«ers. that of upwards of 30= leader., aud ten thou- land propofed Alfociate,, the number of thofe who had complied with the direftions, did not exceed ,,0 h that the number of Perfons who had duly quahtd hemfelves, bore a veo^ fmall proportion not only to f ^^o"« of the applicants, but even to thofc who land, who. havtn, negleaed to comply with the terms of ^.he not.ce, were cleariy fubjeft to the penaly thereby announced. After tl.fe forfeitures had ac^ crued. .t w„ g,„,„„^^^j^^g^^^ ^^^ .i.of« perrons w^o had fatisfied .hemfelves with a ba" ' * Warrant ■,-D*; «i^^ F Uh Ex- y pan of evince, to 11 the fa id »f Auguft nee, they ive relin- of Coun- been di« t" 65 ] id by the •mmilJio. en thou- ofe who -ed 550. lualificd only to lofe who t on the le terms penal y bad ac* iition to [1 a bare Varrant Wa..ant of Survey of the outlines of a Townfhip, a number of others, under various pretexts, fome from having purchafed pretenfions, and others becaufe it fuitcd their Intereft, had made a^ual fettlement in va- rious quarters ; and many upon Lands refcrved for the fupport of a Proteilant Clergy, and the future diCpoOtion of the Crown. To check this propenfity, it was thought expedient to ilfue a Proclamation as mentioned in tiie former Report; but this Proclama- tion never was intended by the Executive Council, nor could upon any principle of found conllruaion, b« fuppofed to affeft the Parties alluded to m your Excellency's Order of Reference, who might have an equitable claim upon Government ; but ti ofe only who having forfeited their daim, pr having jo claim at all, had made actual Settlenient without fufficicnt authority. Thefe fuc^eflivfi meafures would be alone fufficient to evince the anxiety of the Executive Council to re- fill aflual Settlement without authority, from the firll moment that the necelfary powers to cany the grant- Jug of Lands into elFed, were in exiltence ; but the inofl: convincing proof of their difpofition, as welt as of the influence of that dilpofition upon the Public K 2 opmion, C 65 3 9pinjcm, arifes from ihe <;pmlo£l mi forb^r^ncc of , numcrou,, body of Appbcats of approved Loyahy. vho poffWrcd of ,h« oper,.iv. Jnftramen.. , Warrant i^ iurvcy, havT. from a princjpU of decency, Kfrai, ncd fron, ukmg poff.ffion. Tbi, i,a faft .vhifh ad- Jed to lh«r rublic „oti«s. affords, jn ,hc opinion of the Commute*, the Arongca Prop/ of th« pofi.ion they JO. Fprtha purpofc of appiyi„g,heeff«aoftheRe. SV.Ut.pn.. the Q^rr^rr^m, «iH divide the Applicant, whphav, ™ad* ,a„,I Settlement, imp twp Claire,; w,..,om attending to the numerous pcrfp., who havi fo dpne t^ecaufe « fuited thei, Interefl. t.on fet for.h m the fccond Regulation, and have alfp obeyed the notice, iffued by the Executue Cpuncil. Seco^blv. They who come under the faid dof. cnption but not obeyed the no.icee ilTued ' , ti,. Executive Council, "J '"^ Jc^'eS' ''f f l**' '■'^" ^'^^" '•'* Comtnittce cl»"«i, which .k f .mmittcf have cvr. l..„. „-j.. .. ce fpecting ?ncc of 9 X-oyalty, /hifb ad- on of the Ion they C 67 3 Refp«ai„g U>, fecond chh, .he „u,„ber of^hiel. .. wUl not be ealy ,„ afceruin, bccaufc ,he Retu,„s « Ute to the Obcd,en, only, but which claf. (if ,„. ' ment u to be f„„„ed by common Report, or J J,',. rencc drawn fro™ .he li„,i.e<, „„„,.b„ „f ,^ J ^^'^ 'm>r,y the Return, of the Co™„,.ffi„„,„ ,„ ,.,,; ^i>^yed) muft heconfiderable; the Committee are un uLTX '*":?;; '"'"' ^■'"'"=' '^'3- are to par! Wkc^or be excluded from the benefit of the Regula. n. With regard to the explanation given hy your Excellency concerning the Refervations, the ComL,. tee are ready to admit that it may appl^ to the fm.ll mh the Commutee is, whether it applies to the re m..m„g Townftip.; for t'U to be obferved that tho d'retUons are not partial but general. »■ The Committee have paid due a.tentio-: toyour Excellency .Re,„ark, on th« purchafe ofprete.ion.; andwuha V.c«r of afcertaintng how far fuch pre! tenCon, may extend, they thought it expedient to '•^.. .or the document. Hated in their Journal, from the refpeaive Officers tfaerein-mentioncdi but with thefe I; C 68 3 tlicle materials they have not been duly fupplied; and i.n the fetardmenl; they have met with, the Committee arc concerned to find, luchfapailiar ufe has been made of your Excellency's name, that yoq are rcprefen- ted as having condefcended to comment on the pur- pofes to which fuch documents may apply : under thefe circumftances therefore, the Committee are compelled to proceed upon lefs compleat Information than they could have wiOied, and fuch as by perl9nal fearch of the Records they can obtain. 1 3. Your Excellency will perceive from a Report of 1 the Surveyor General of thei9th Augufl, 179Q, entered in the Council Uook of State Affairs, (Lett<'r H. page 8.) that thewafte and ungn^nted Lands of the Crown lying on the South fide of the River St, Lawrence, are ftated to be above 20 700,000 acres. By compu- ting the Returns, as appears by the Schedule annexed to this Report, it appears that upwards of 300 Lead- ers with nearly 11,000 Profeffed Aflociates may have prctenfions under Warrants of Su vey, to the moft defireable Portions of this extenfive Traft; the value of which, were it calculated at the prefent, or at no very diftant day, by eflimates already given in upon Oath Courts of Tuftice, would amount in ill ajefty' J' u pwards is d; and imittee 1 made arefen- i pur- r thefe ipelled n they jch of port of ntered [. page Crowri rrence, ompii- mexed Lead- y have 3 mod ; value lo very n Oath 3unt to pwards L 69 3 I" ■■ upwards of two Millions fterling: it may therefore hs readily concluded what exertions are likely to be made to eflabliih pretentions to this extenfive boon, when founded on the fpecious plea of delay on the part of Government; and fhould the fale of fuch pre- tenfions receive encouragement, the Committee ap- prehend that the unclaimed relidue will not afford a very produ6live fource of revenue to anfwer His Majefty's gracious purpofes. Thefe circumftances iLe Committee have thought it expedient to ftate, not with a view of prefuming to fct limits to His Majtfiy's bounty, but as matters of fad, which they deem ii neeeCfary His Majefty's Miniflcrs fhould be appriz- ed of. 14. The Committee have alfo paid due attention to your Excellency', obfervations on the facility of adjudging on the purchafe of pretentions; and have hkewife coiifidercd the Analogy faggefted from the nature of the InvedigatioM of fad in cafes of Life and Death : How pjinful fcevcr the difcharge of thofe duties may be, the feelings of thofe who prefide on fuch folcmn occafions, are greatly alleviated by the confideration, that crimes are defined with precifion, the courfe of Proceediiio- cftabliflied hv lono- cx*^ericnce and tl»c cfFcd cf evidence fettled by a fcries of Dctcrmina- ticrs. «:' •"■vf. ,<■ m r 70 ] tions. Bat in the prcfent cafe, firft principles are to be prcviouHy eftabliftied : Wh^t conftitiitcs a Pic- tenfion ? What (hall amount to a Settlement ? What fpecics of co-nvcyance (hall be evidence of a purchafe ^ thefe appear to be firrtple queftions, but judicious Men would hefitate before they could be prevailed On to anfwer them. When thefe points are fettled, the enquiry muft proceed with pi ecautions unattendt:d to in the ordinary courfe cf bufinefs* Evidence muft even be required that every party named, has or had, a phyfical cxiftence. For the Committee truft thai the right of the Crown will not be concluded by the very iimple procefs alluded to in the Order of Refer- ence, that becaufe no Caveat is entered, therefore there can be little doubt j The opening to collufion, being in fuch cafes but too manifeft. And as Tefti- . tnony, tho* difficult to be obtained, will be procured in a common caufej and, as many confciences may not revolt at the mesns employed to procure the Lands of the Crown; the vigilance of the King's fervants muft be exerted in proportion; with the dif- couraging rtfleaion, that after every effort it will be lafflcd, and that while they perfuade themfelvcs they are dirpenfing jufticc, they will in fad be only mi- niftcriug to the tiiumph of frauci. If i: 7^ J Jf the 'being fiamed in a Warrant of Survey con- ftitute$ a preteiifion, when it is conlidered that preun- fiomsapUm of prolific growth in every foil, and tjiat many ihoufdnd^ may avail themfelves of fuch Claims; wbat i'm^ niay it not require to adjufl; tbem ? Apprised as the Committee are of the innumerable frauds that have already been praaifed. of which they could produce abundant proof, as well as of the frauds which are daily praailiug, refpcding the wafte Lands of the Crown, with all the draw bark of un- certainty avowedly attending the fpec ilation, it bcin^ well known that three Patents Only have been ilfued ; The Committee a] molt Ihudder at the deluge of ini* quity with which they muft be overwhelmed ihould the Trufic of prctenfioiu be confirmed; and finding that or- dinaiy language is too feeble toexprefs their appre'^^ni. fions, they will dwell no longer upon the fubjed than fincerely to implore a further confideration, how far it may be expedient :(> authorize a proceeding tending to confcr^nd Poiicffion with Ri^ht, and to en- courage thofe loofe notions of property which in theie days are but too prevalent, L Attending .•;'.'«f m C 72 ] 1^. Attending to the progreflive courfe obfcrved in the Order of Reference, the Conimittee arc now come to a part of it ^vhich gives them great difquictude ; and tho* they are prevented by a fenfe of decorum from citing detacked portions for the purpofc of comment- ing thereon, yet they are compelled in juflice to them* felves to obferve that by a particular palfage in the Order of Reference they are reduced to very conil- derable embaraflment. The part alluded to mufl be dcfigned cither for the purpofe of explanation, or for fome other purpofe ; if for the former, it need not be obfirved that explanation receive? Gnall aid from the language of myftery, or rather from an averment thut the matters alluded to never fliould be explained, unlef* it fhould become neceflary; but if itbe irtmdcd to convey the idea of which it is clearly fufceptiblCj the Committee mufl; obferve of the perfon who ad* vifed it, that he fhews little reverence for His Ma* jefly's reprefentative, by Icattenng vague and un- worthy inflnuationsj or regard for His Majefty's Executive Council, in prclummg they would be iieard with indifference. /' l6. Altho* the Executive rnnnril liavp hpnn Qr-fiiflo- med to receive more ample a-jd Ipccific information, particularly ?(] in the come to le ; and m from mment- them<» 2 in the r confl- mufl be I, or for 1 not be rom the itnt thut djunlef* ndcd to reptiblcj who ad' iis Ma^ nd un- lajefty's 3uld be t 73 1 Jjdrticutarlv in Land-M.JtterS) than it has been thought expedient to communicate by your Excjllenc) 's Cni order of reference, on which the Corr.miitce forefce^ that unlefs they are fupplied wiih Tome more prccife document, they Hiall be unable to proceed, from th*^ manner obferved by ibofe who have been direaed to prepare itj yet they cannot omit exprcffing thei;' •jcknowled^nients for the detail your Excellency has been plealcd to give of the materials laid before His Majefty's Minifters refpefting the objeft in quellion. They b 'g leave to tender their approval of the courfe taken by your Excellency in not limiting your In- formation to the documents contained in the Council- books, which, altho' unqueftionably aath ntic fo far as ihcy extend, are very inadequate to convey a com- prehenfivc Account of the prefent State of Land-mat« tcrs. They are alfo grateful for the information gi- ven to the Committee, that finding opinions diame- trically coritrary to each other, you fubmitted a true and faiib.ful Statement of the different arguments oa the fubje^. A condu6l of this fort certainly evinced the mofi earned defire of giving the failed informa* tion. At the fame time, recoUefting the groundlefs Renorts and abfurd notions that nrevailcd in Public. i- — - 'lat deferved the name nG.iung I m '-i] of M> r 74 1 of argnmenr, rf tcmi which y they conclude in the ufual terms of Submiffio j^ret that they are under the neceflity of trefpaffing fomewhat further on your Excellency '« patience from a circumftance connefled with the pre- lent order of Ref. rence. By the Correlpondence anl Examination, ftatcd in the Journal ot the 25rh & 30th Ult. refpeflively, it app^-ars that your Excellea- cy has referred to fome Auhority of His Majefly, other than the 38th InftruQion, of which the Com" xnittee .A* ^1 m [ 78 ] mittcc "t^iOve not -hiiherto heea apprised; an^ that by y.uur Excellen.cf *s cotiflru£lion thereof, the Order of Reference on which the prefent Report is founde4 became fubjefl to Public infpedlion, and was aftu- ally penjfed by V4riqu^ P/gfJfons, before it came to ihe Poflcltio'.i of the ConaHjittee to wbprp it Yi^i baen rCt frrred for dtlibnatJQn, ^^^ o( H&fdlity before their Rip>)rt amid be framed tberepn. The CDinmittea »ppreh.«d tb's pearfc tQ h^ fo repugnant to thp firft Prinqjplcs of propriety even in the i^rdin^ry tr^nf^pr tJQn^ pf yfe, ^hat they c^q \viih ^i^ulty perfu^d<} tbernfelrp^ jj ^yojild J)e fandiqnt4 when appfjecj tp th§ impoitant concerns of the Ex -cutive Qoverm}\(^i]t. Qi^ the prefent Occafion however, the Committee cannot liut exprcf* their regret and i'urprize at tbefm^U regard paid to their Council, when, after havin^j ree(?ived their deliberate and unanimous {Report that it is not advifea, ble for the preRnt to make the Re^iilations Pubjicj your l^xcellency fhould have been advifed to direft that both the R^gu'arions and the Report thereon fliould be made Public; and further, that when your I.xce'lcncy was pleafed to require the Executive Council to confidvT of the moft proper means of communicating to the Parties concerned, His Majef- ty\s gracious intentions, your Excellency Ihould at the lame time, before it were poffibk for the Com- mittee C 79 ] mittcc to Report 6n the Subje^, peremptorily.dir.^^ that Copies of tl^e R^gulatipni (hpuld be ma^c qi^t for fuch as chofe to apply for them; of which Order many perfons have already availed themfelves. By thefe I meafuris the Eftritiation in which your Excellency is plcaLd to hold the Executive Council, has become Public and notorioifs'*; and they canW refle£l on their fituatioh without confiderable uneafineils. it is a condition to which no one having the honor to re- prefent His Majefty heretofore in this Province, has thought it prudent to reduce them; and they arecph- fcious that the integrity of their condudl, their at- tachment to His Majefty's intereft^, and their zeal for the Credit of your jElxcellertcy's admimilration, demanded a more regardful treatment. The Com. mittee beg your Excellency to rcftcclj that (hould His Majefty's Executive Coupcil be degraded in the. Pub- lic efteem, the contempt of the King's Government will have but one.ftage farther to complete its Pro- grefs. Being fatisficd therefore, that it imports His Maji fty's Interefts as well as their own feefings, that the Opinions of the Executive Council (hould be en- titled to fome attention, ihey humbly requeft your Excellency that regard may be had to this confidera- tion in all future diretUons; that the Committee may ailerable incop' snce in difcharge of their duty to A J -■' I M the Ml 'iht'King, without being i^cduced Oo the painful ne< ^t^Tity of cattCfttiing intitafam fft fupport of their oVh^dignity. i .1 ^m\^^^^^^^^^ ^*v« accoinp^nied this Report with ..^Jouinalpf their Proceedings,; which they pray may be confidered as foiming Part of their Report; to! which they .^ye: annexed ya^jous other Documents,! All wieh is humbly lubmitted to your Excellen. -V''i wifdom.' ^, . * i • t "i I \ , , ^7 Order, (Signed) William osGOODE, Chairman, ,<:■•> J ^mtil 'Chmher, Bi/hops PitlaceA -c , Quebec, 9iA. Awgult, 1798*/ './I , Th« ANNEXATIONS ah*. ift. The Journal of the Committee. Viz: <- ', 1798. 16^^ J'u/v, containing. Orders on the Clerk of the Goui.cil,<&: Surveyor Gc- '■Ui':fLni- rner&l. rt^auirini/ r^r^.ain r, rim rM I •&J' I r^n e 23d. i., i 8t. ]| turthtt Ocders 0R> thd Survevor GcneraL A Correfpondence, bctfveen the GpvcKnor's private ScGjr^tary, th? ^,^fip^,Clerls. of thq Council, and the Chief Jullicc-re|pj5£ting the Proceedings being open to all Parties intere fled. And Interrogations from the Committee to the Atling Clerk of the Council, with his Anfwers. on the fame Sub- jea. . ' Qoth July, l^'arthetlntcrtogatories and aafweri of the fame par^ ties on the fame SubjeCl, ^thAugufi, Refpefting the Compilations required from the SuT-. veyor General, and A6ling Clerk of the C. * r - - , -, - Motion of Chief Juflice Monk 16 Sub- ' ftitute a Report prepared by hini. ih ttie^pla- Ce of the one prepared and propofed by the ; Chairman of the Committee; which was re- jeQed, there being 3 Votes for the Motion, and 4 againft it. 2d. A Statement of the number of Perfons who had taken the Oaths, &c. prior to the ift of Auguft, 1795- 3d. Ditto of the whole number of Perfons who have taken the Oaths, &c. fo far as the returns of the Commiflioners have been received. 4th. A Letter from the Surveyor General to tfie Aaing CJerk of the Council, dated 18th July, 1798. 5th. A Ditto from Ditto to Ditto. ^ 4th. Auguft 1798. ^ ' 6th, An unfinifhcd Schedule of Applications for Townfliips C 83 3 Toxvnfiiips, with the proceedings th("reon, fubftquent to the 7th February 1792. THE GOVERNOR'S REMARKS On the Report of the Committee of the whole Council of the 9th of Augufl, 1798, upon the Reference of the 9th of July, *« to ' ** confider of the mofl proper means of " communicating to the Parties concerned, *' His Majefly's gracious Intentions, contain- " in the Regulations laid before the Board ** on the nth. of June, refpetting the ** Watte Lands of the Crown." ift. The Governor obferves the ** thankful acknow- ledgments" of the Committee for his explanation of the import of the Regulations, and confiders the other bufinefs with which the Members of the Committee Were occupied, as a fufficieni: reafon for the diftance of time between the date of the Reference, and that of the Report. The Report was not delivered till feven days after its date ; during which the Mails for En- gland were clofcd, and the Fleet had left the Port. 2d. The Governor very readily admits that difFt- rcnce^ it C 84 1 rcncps. of Opinion do not neceffarily imply cenfare, nor fair difcuflion produce difcord among bene- volent men: Much may depend upon the manner in whicH thofe opinions may be exprefled, with refpeift to conveying cenfure; and the bcnovolence of Men's minds may Ibmetimes be judged of by the truth and candor with which they may ftateand reprefent the Each on which their opinions may be founded. 3d. The Governor will be very glad to receive that '• zealous co-operation" which '* the Committee truft he will meet with*' on the part of the Mem- bers of the Council, '' to keep His Majefty'sf acred •' word inviolate, and 10 perform whatever in j ifticc " and honor may be requ red of the Executive Go- ** vernment:" That the honor and good faith of His Majelly's Government in this Country may be pre- fervcd and fiipported (or rather reftored & fupported, fbr it has been greatly impaired in ♦•he minds of many of his faithful people] is, Co far as relates to the prefent 'ubjetl:, the fummit of the Governor's wiflies. The Committee might have fpared their fears of the libe- rality of Government bemg abufed ; the Governor's difpofition to prevent abufes, is by no means inferior to that of the Committee. 4th. the Cc \ ufages. i 4tb. C 85 ] 4th. The Governor is fenfible of the attentions of the Committee ** in the obfervance of reipedful ufages." 5th. The Extra£l from the Minutes of Council ci- ted by the Governor on the 9th of July laft, con- tains explicit and irrefi liable evidence, that the Ap- phcants vftr^ deJaBo invited, encoui aged, and advifcd, by the Executive Government, to come in and fettle upon the Lands they had petitioned for, without wai- ting for any of the further forms prcTcribed for ifTu- ing legal titles : That the then immediate objetl, w as to procure a fupply of Surveyors, is true: But the record contains the moft exprefs and mtontrovertible evidence of the caufes from whence the want of tliat fupply of Surveyors arofe: To Wit. — The invitati- ons and aifurances that had been given by the Exe- cutive Government to the Applicants, encouraging them to come on and fettle ; and the expe6lations en- tertained by the Executive Government, that they would fo come on, upon the faith of thofe invitations and Affurancec. How fuch a piece of written evitlcnce of matter of fa6l, folemnly given and ddi.cred by two Commit- tees of the Executive Council, and folcnily and dclibe, lately recorded by the Executive Government itfelf, in A •': .11 C 86 1 in Council convened, fliould, after the peopU had fo come on and fettled, be - crnfidered asan^z/%," and - looked upon as a dead Idler;' quite furpaires the Governor's compreh.eniion. How far the Executive Government of that day, might have laboured " under the prevalence of ate m- po'^ary miftake", the Governor does not think it decent luhim, at this day, to enquire: But it would afford him pleafure that the Executive Goveriment oi the pre/m day ihould not labour " under the prevalence of tein- '' porary millakes." 6th. The Governor had peruled the '* plan of the *' ordinary progrefs of the bufinefs of the L nd Office •' Department" adopted in Council (and publifliedin the Gazette) in March 1792, cited in the prefent re- ^ port of the Committee; and he had obferved that apartj of the expence of the Surveys was thereby chargeable to' the Crown; which he conceived, (as do the Committee)! to have been unneccffiry : neither had it efcaped the Gove- nor's notice that the plan fo adopted, varied from the Direaions contained in His Majefty's Royal In- {lru6iions, in the Inftance ofiffuing the warrants of j Survey previous to the Applicants taking and Subfcri- bing the requir d Oaths and Declaration, inftead ot! direaing the Oaths and Declaration to be taken and fiibfcribed J 37 ] fiibfcribed, previous to the ilTuing of the warrant vi Survey. ' r , 7th. The Governor had likewife und«rflood that up- wards of an hundred & fifty Warrants of Survey for towiilhips, were iiTued, long before any ComoiiffioJiers were appointed to adnxinifter the Oaths and receive the DecUrations, mentioned in His Majefty's In{lru6lians; as alfo, that the Settlements went on very tardily, in confequence principally of the uiKertainty of the Ap- plicants with regard to the three points mentioued in report of the Committee: To wit, , ^ ift. The Pofition of the Lands intended to be referved for the fupport of a Protcftant Clergy, and for the future difpofition of the Crown; 2d. The amount of the fees: and ad. The qtiamity of Land the Petitioners & their Affd- ciates might expefi. The firft of the above mentioned points, although no doubt of very confiderable weight, was howeyer thought much lefs of than the TMrd; becaufc it was naturally taken for aranfed that ♦f ^^^ tu^ c«^i A^^ termination of the pofitions of the Refervations, anjr Part or parts thereof fhould fall uppjn any af the Lou ).-• A ■ m '"■ 'I ■" V 'J .> ♦ .il ■'i-il N thae m. C 88 3 that mrglit in the intermediate time tc fetded on, tl?e Settlers would be allowed to hold them on the fan>e terms as might be granted to future Occupants of the r^ferved Lands. The Second point was of n uch ' ■', moment tha*n ' either of the other two: Thofe of the Applicants whofe views were direfted bona fide to the atlual Settlement of the Land, perfonally, dit not confider the fees to be any very material Objea, although utlcertainty thereiti was doubtlefs uttpleafant. The Third of the abovementioned points was by far the mod important fo the Applicants, it being iri- difpenfably neceffary for the carrying on of a new fettlement in an inland Country with vigour, that the quantity of Land fo to be granted, ftiould be fuf, ficient to reimburfe, to thofe who fir^ engage therein, the sxtra expences to which ihey muft be put, in opening roads through a pathlefs wildernefs,and in bringing forward thofe neceffariei that are elLntial to the formation of a new Eftabli(hment : Burthens from which future Settlers are exempt. 8. The Governor t\'as atfo acquaitited with the IiniC"WTiUn CiapKU UCH;it LiiC ai^ww ^^viixta »tv,;v 1-v= tied, but the Cerrmittee arc not quite correal in this • their ftatcment. ,1 part The m. d On, ihc the fame ts of the i} rendered '' null :" The former proceedings can be " nuir only with refpcdl to thofe who did not .■» p K ! ■■■'U ■ fi- n- s \ 1 ■ I Na evince Hi .". . ••; .'I'lji. V ■■!<• C 9^ 1 tvinct thtir acceptance of the £iic6tiragcmeftt and Affurances hdd oUt to them : Any perfon who would be guilty of fiich a violation of His fAajtily's facrc4 Honor and good faith, as to harbour eveh fOr a mo. ttenf , within his brcafl, a defire that the former pro* ceedings ftiould be '* null" with refpedto fuch as had embarked their labour and pmperty upon the faith of the encouragement and affuraiic.^ I'q given, would ill dcferve His Majeft^'^s Roya] f^vor or proteaion, the Gbvernor had likewife fecn the adv^rtifement? from the Council-Office, of Oaober, 1794, and Ja- nuary 1795, notifying the Applicants of the ap, pointmcnt of Commiffioners for adminiftcring the Oaths &c. and requiring them to fend in Lifts of their names. The Governor notices what is mentipned by the Committee with refp^ato the advertifement pf the jyth January, 1795, having been published with a view to quicken the attention of " thofe who haying taken '* Poffeffion under their warrants of Survey were '' contented with their occupancy, and did not fc em " difpofed to give themfelves any further trouble:'^ If ^ Judgment might be formed from the trouble thofe Applicants have taken, time after time, as v^vU before that period as fincq, m jourmcs to (^uebc^c, in order I 91 3 orrf^r to obtaia a cdmpktion'of their grants ; the Qa* Vcrnor would be induced to believe tbit the Committee miift have laboured under a miftake, in fuppolin^ there were any fuch people as thofe the) fpeak of, It is indeed true that there were only a few Affociations/ (fix the Governor has feen) the lifts of which were le- ceived at Quebec previous to the publication of the Advertifement of the 17th January, 1795. But tlie delay in this refpeft might be very rationally account- ed for, by confidering the fituation of a new fet- tlement in a Wildernefs : The Inhabitants of the new Jettlements might not (and probably did not) become acquainted with the Advertifements of Ofclober, 1794. fo early as Gentlemen who relide in a Pod Town might imagine : this the Governor believes to be the true reafon why a greater number of the Lifts were not received between the dates of the Adver- tifements of Oftober, 1^94, and January, 1795. The Governor had alfo obferved (conformably to what is mentioned by the Committee) that by the -aft of thofe Advertifements it was directed that the Applicants who had before that time obtained Warrants of Survey, or Ordcis of the Governor in Council, fhouid jiive in the abovementioned lifts of their 5»v ■■■ r 94 ] fitH 6n any poiTible prin<:iple of icafoti, Or of Jullite) he. in the remotefl degree afFeded thereby: Their giv. ii»g in the Lifts of thtir names was all that the above- ititntiontd Advertifcmcnts required of ihem, and ail tlwy eould do confidently with thofe Advertifemtntsi until further direfticjiis fliould Ibd retreived by the Comhiillioivers ffom the Council-Oflice, and con^mu* nicatcd to them ; Then, but not tlU then, vcre any of ihern (not even thofe who had a6\ually fcuied upon the Land, in confequencc of the former invitations of the Extrcutive Government) alltywed to teftify their loyalty and attachm nt to His Majeay, by takrag the Oaths and fubfcribing the Declaration of fidelity to His Govtrnment, although their fo taking the Oaths and fubfcribrng the Declaration, was ajiiie qua non of their obtaining the Grants that had been fo long pro- luifcd them: Itiftances are not wanting of perfons tab ir)g long Joiirnies for thatexprefs purpofe, and being refufed: And yet, notwithftanding all this, they are confidered by the Committee as having - negieaedto «' comply with the terms of the notice" and as bein§ '' fubjea to the Penalties thereby announced." The Governor cannot help remarking that it would "— ^ lore to Ills Majefty's fervice, and muck more ■«rt ^% «J ^-u. ■* . X. J C 95 1 mdrc to the Honor of the Commhtcc, if the more a6live Members thereof (in whom ihe Ids aMivc mull necclFaiily place a coifidciicc) were more correct in thcit Statements, and moic jult in their conclahons. The Governor has the fullefl reai'on to Deliove tliat the Circumflances ft 'ted by the CommitiJc with rtf, pe6l to the Settlements made on the Laids by liitrU'* ders, arc a good fimilar in point of C()rre^.t:le^^ to the Statements noticed above; ahhoughhe wcu!d not be undcrflood to fuppofe that th^" new fettlcment in this Provinee were fo eniirely different from thofe in any other Province, as to be without any inflances at all of that fort; Thefe inflances, however do not come within the benefit of the Regulations htely cOmnfiu- nicated to the Board. The Governor will not omit to return his thanks to the Committee for thtiir Declaration that the Procla- mation (tneaning the Proclamation of the 22d Aug. 1797 by which thofe who had gone on to the Lands with- out fufficient Authority were direfted to depart) was tiever intended by the Executive Council to afFe^t the Parties alluded to in the Governor's Communicatioii an equitable claim upon Government; but thofe only O had '• 'I I I ' ' 'I '.'' tl ii .■if ■ .. t ;;■". ;■■'• i ■ C S6 J who had no fuch claim. The Governor feels himfelf the more obliged hy this Declaration from the Commit- tee, colleaively, not only becaufe he was unable to deduce it from the Report of the 20th of June laft on his reexamination thereof > but likewile, becaufe en- deavours had been h re to fore made to obtain fuch an Interpretation from fome of the Members individual, ly, ^*'hich proved unfuccefsful. The Governor how- ever, having fully fli'.wn that the flatements contain- ed in the Report are not correa, he is of courfe una. ble to acquiefce in the opinion of the Committee, with refpea to their jbroof of the Pofuian they had af. ferted. lOih. The Governor will not withhold his thanks for the Declaration now made by the Committee in favor of thofc of the Applicants '•• who come ftrid- - ly under the Defcription fet forth in the ftcond Re. «* gulation and have alfo obeyed the notices ilTned by - the Executive Council:" To wit. - That the Co^n. - mittee never entertained a doubt but they had an ** equitable claim, which the Committee have ever *' been ready to confirm." JOiT The Governor is e-xrff-A'tnr,u. to be unable to difcover this difpofition of the ^OTiy at hi;, ha ppcn- (vom- mittee L 97 1 Hiittcefrom either of their Reports of the 24th of May 1797, or 20th June, 1798 ; and at his not having happened to learn it from fome of the Members indi- vidually;. This dilpofition being, however, now decla- red by ihe (.'ommutee colleflively, the Governor would willingly conceive thgt the mifconceptions which have taken place, may have arifen principally, from the circumiftance of its having been fuppofed by the Com- mittee, that the numbers that had obeyed thofe notices were infinitely fliort of what thty really are, as point- ed oi|t above: And it would appear to the Gover- nor, fioiii this Declaration, that there can no longer remain in the breads of the Committee, any rational Caufe of hcljtation or further delay, with refped to the propriety of proceeding to carry His Majedy's gracious intentions, contained in the Regulations laid before the Board on the 11th of June laft, into execution. .' "4 .'t Thofe of the Settlers who do not, on the cleareft principles of reafon and of J u (lice, come withm the clafs which the Committee have thus declared in favor of, are fo few in number, that no material difficulty can arile tiiciciroiii, unicfs vjcntiffnen {liould be dif* pofed to create difl&culties where none in reality exifl. O 2 The . il ■*) ■i ■ f r 98 I The.Govefnor has already obferved that obftrufive Settlers (by which he means fuch as are neither cr*>Ki/ i-krinirioll\7 pnt\t\pA tn tlnf* r»ranfS- mav be dead, or removed from the Province : If fuch in- P veftiaations ■;.i ' y ,:l :. \ \\ i I l> C i®4 .'I •I ,'., '> ■ "If" /■'• ■ , I* "!• ■ I -v.. vcjfl'igzttionJ fhould be too labofioas for the iVfcni- berii of the Council, Gorrirwiffioners might be eafily ap- pflointed for that purpofe ; for it is certainly high tim6 ihat tire People fhould have legal titles to the Lands thai; have been fo' lon-g fo! power, pon^llentiy with the avoad- ii4ice of ^JJ future CtmlU of difquistude that piiglit at any time hcreafitr be given to any individuals. And he will accordni^ly enter {'o far into an expla. Ration of the above quoted paffage, as he IhaJl con- fjdcr to be ncceirary for lemoving all juft caufe oi difquietude under which the Committte may labour; and for (hewing the rcafonablenefs of the opinions therein laid down : Bui he will by no means (at leaft for the prefcnt) go fo far into an explanation there- of as to enable any perfon or perfons that might be fo difpofed, to wound the feelings of any other per* fon or perfons, by faying that fuch or fuch particu- lar Individuals, were, in this, that, or the other de- gree, concerned in the Tranfaaions or connetled therewith. The Governors fole objc6l is to prevent, as far as may be pofllble, any kind of injury or op. preffion from bemg carried into efFcQ; and he would wifh, ifitmightbepraclicable, that this objeG fhould be acconiphfhcd without injuring the feelings even of tlofe perfons that might have been dcfirous of fnjoy- ing th^fri.jts of jhe li^bour of others, wl^o would iti f^ih an event, have caufc to complain of being irv- jured a^id oppreifed. The The circuTndances to which the Governor aTludec} in the paffagc above quoted, were thcO.-; In the years J794 of ihc new town- ships, in purfuance of the encouragement and afTuran- ces given to the Applicants by the Executive Govem^ inentini7g2 & i;93,) vkw^ Were contemplated by different perfons, fundryof whom had til] then con: fidered the Land not to be an' Objed worth (fheir at- tention, for the purpofe of obtaining Monopolies there-^ of, entirely contrary lo the (pint and intention of His Majefty's Royaf Inaruttions in that behulf. Theftf views were not confined to Lands that had till then remained unapplied for, or to Townftiips where doubt* might be entertained in regard to the fincenty of the In. tentions of the fotmcr Applicants with refped to tU Settlement and Cultivation thereof conformably to Flii Majefty's gracious intentions : Had they topped hcrcT, the bufinefs mfght, not itilprobably, hjtvc been car ricd into cffea without being much noticed: But the^ did noi ftop here: The views were extended iikewife t4 townfhips in regard to which no fuch doubts could b^ recilnnn^Q Vvltir an*-^^*-^'. ] -A 1 /I'll << tended even to the obt ^ obtain, thofe very Townfli 'hey ex. aining, or endeavouring at leaH ips, one or two only ex- T. il ■i 4' ,|il '.V C 110 ] ccpted, which the former Applicants (in purfaance oF the advice, encouragement, and dUurances, given them by the Executive Government) had aflually fettled on, and by great labour and expencc render«d valua- ble: nor did fhe circumllance oF the former Apph'- cants obeying the notices iflfued from the Council. Office in 0£lober 1794 and January 1795, nor the circumftance of their being thereupon approved of by the Commilfioners, and by the Council, prevent further ficps from being taken upon the above mentioned views of Monopoly, for the purpofe of obtaining ^rantj thereof to the behoof of other Perfons. This, if car- ried into effe£l, would not only be a mod grievous and intolerable oppreflTion with regard to the form.er Ap- plicants, accompanied with a great violation of His Majefly's facred Honor and good Faith, but would likewife be fraught with the mofl dangerous confe- qncnccs to the peace and tranquillity of His Majefly's Government. But to come immediately to the point particularly alluded to in the above quoted paifage of the Gover- TJor's communication to the Board on the 9ih. of July lad ; Perfons were employed on the part of thofc who were concerned in the abovementioned Plans of inten. dcd Monopoly, to go into different parts, in this Province 1 111 3 Province and the neighbouring States, to find people [to the amount of fomc thoufiinds) who would lend theif names as nominal Grantees, and who might be depen- ded on for the purpofe of conveying over the Land* or the greater part thereof, when grante I, to the per* fons concerned in the above mentioned Plans. The perfons thus employed (owing perhaps to fome imper- fection iti their Inftru6lions, or to their not perfe6lly comprehending the nature and intention of their MiC* fion) gave to thofe with whom they fo engaged, certi- ficates, importing that the Bearers thereof wer" entiiled to certain quantities of Land in the new Ti»wn{hips ia Lower- Canada : Many thoufands of thefe Certificates were given; and fuch were the Credentials with which tke Perfons fo employed were veftcd, that the certi- tificatcs were looked upon by great numbers of well difpofed people, as being little inferior to Patents un- der the Great Seal : Many of His Majelly's faithful old SubjeQi who had remained in the States after the end of the American War, and retained their afFetlions to their ancient Sovereign under wbofe Allegiance thejr were born, conceiving (from the Crqden*-ials which thn PofC>«e f/^ ««^«1i^Tforl kr^r*^^ tVt'At there, i^oiild not hff any deception, hefitatcd not to purchafe, for valuable ronfideraiions, from others who from time to time I ■■*»: Q ciaan^'ed ni ill h'; * '!'' ':' ' "•I '.',. ; t t H2 ] changed their minds with refpea to coming in to ft:, tie, a number of thefe Certificates as Prov.fions for their Children; whom they intended (hould fix them- felves in this Province, under the Government of their Anceftors : fome of thefe certificates were fo purcha. fed at the rate of a quarter of a dollar an acre ; the Governor himfelfhas feenthe Copy of on. which he beheves was purchafed at that vtry price. But aitho. n.any of thefe Certificat, s were thus purchafed by faith- fuJ old Subjeas of His Majefty, wnh pure intention, of lettlingon the Lands conformably to His Maief Royal Inflrua,ons in that beh.If, ,et, it may reafon. ably be expefted that many likewife were purchaledi by people of a different defcription, on principles of mere fpecubtion. ' Thefe circuaftances, the Governor hopes, will be fufficent to fatisfy the Board, that he had fufficien. realon tor entertaining the opinion, that there ;.a, greater caufe <« to apprehend the coming in „f people to make their pitches as they term it, of I,te, than formerly;" and the Governor cannot but con- cetve .hat this circumftance ought to operate as an ad- aitional and very weighty reafon. for „,^:.,, .-, IS Majefly'8 gracious Regulations lately laid befort carry t "3 ] before the Board into Execution, in the cafes to which they aauallv apply, with as much expedition as may be praaicabie; in order to avoid that mixture of extraneous cales, which, from the above mention- ed cdufes, might, not improbably, take place, if the bufinefs ihould be longer delayed. The Governor hkcwife conceives that the above-mentioned circum- ilances will equally evince to the Board, the reafona- blenefs of his furthe. opmion, that « many of the peo- *' pie whom there was realon to expeft might under- ^« take long jourmes upon that errand, would be found "to merit .commiferation not reproach." Thofe who, with apright intentions, had given valuable confide- rationsfor the above-mentioned Certificates, upon the faith of the Credentials which the Persons who were employed m the hnfinefs bore, and had thereby loft the propeity which during an upright Life of Labour and Care they had gathered together, woul j Certainly be entitled to commiferation from every feeling prcaft, • * Tiie Governor notices what the Committee mention refpeaing his having, in their Idea, followed the ad. vice of fome perfon or perfons unnamor^ ip rP.o.d ^o (he mentioning of the above opinions, m his late Com. .nunication to the Board: The Governor cannot con- ceive I i\ ■'■-,> L m 1 ceive himfelf to have given any juft caufe for tha^ Idea of the Committee; and he wo^\d wifh the Com, mittee to undcrftand, and to believe, that he is not difpofed to follow the unjuft advice of any perlon o; perlons whatever, J 6th. The Governor cannot cafily conceive what •' more ample and fpicific information," the Commit. tee would wiOi fo! on the Prefent Subjea, beyond what he has laid before them. The Governor has laid before them His Majcfly's Inftruaion under Hi« Koyal Signet and Sign Manual, direaing that the fees are in future, to be fuch as His Majefty flball be from time to time pJeafed to eftablifli, either *' under Ih '• Royal Signet and Sign Manual," or by His '* order '' in that behaif, fignified by one of His principal '' Secretaries of State," It was His Majefty's plealure to fignify his orders in that behalf by one of His prin- cipal Secretaries of State, according to the latter part of His Royal Inftrudiun; and the Governor has ac. cordingly extraQed from th. Difpatches he has re- ceived, fuch pm. as n Jate to i^he S.bjca, and laid the fame before the Board : Thcfe defignate the amount of ihe differenr fees to be t.kcn, together Jikewjie mth the different propoitions of Land to 5^' ■r ^^ UpOfl C ti5 ] upon the Payment of thofe different fees, in tbe fc, veral and lefpeaive cafes in vhich they are dir.fted to be applied. Tiie Governor really cannot fee what more the Committee can defire ; for he cannot a!- low himfelf to fuppoie that any Member of ihc Board would think it conMcnt with his (the Governor's) du- ty, to lay his Difpatches at large upon the Tabl; : The Governor alctje is refponCble for the juftnefs of tho Extrafts he takes from them, whether on this or oa any pther fubjeft. The Committee exprefs •' their Regret that among " the repeated Enquiries" which the Governor made " it was not thought neceflk.y to demand any opi,,io^ « on the Subjea from a particular body," meanin < ?' the " Executive Council." Did not the Governor requeft the opinion of the " Executive Council " and did be not receive their Report on the S.bjea ? The Minutes of the Board of the 7th of June ,70, will fhew that he did. That Report of the Counc'i gave general dil&tisfatlion and uneafinefs._The Go vernor Ukewife, by the advice of the Conncil, iffued foon afterwards (^aJ of Auguft, .797,) a Procla- mation, which turned thai .rer,P„l ^,(r..:.f.,«.-. uneafinels which ha,i bren exctcd by the above-men- tioncd ^ i 4 ill 'nil 'IJil i< !»;■ rfl -port, iiitoacaufeof ala ^rri^ in the minds of ma ny »•', many of Ilis Majefly's faithful People. It became from thence, a duty, on the part of the Governor, to exa- mine more ftiiftly into the nature of the bufinef> him- felf perfonally; and as thefe examination* did not re- quire the afiTiftance of the Council (in as much as the Governor had then already been favoured with the re- fult of their deliberations,) hefoitboie to trouble them unnccefTanly. The flatements and conclufions contain, ed in the Report which the Governor had then already leceived, fulhcicnily evinced, on the re-examination thereof, that ** any difquietude which might have ari. •• i^tin from the conflid of difcordant Sentiments," on that Subje£l, was n .t likely to be relieved by giving u'lneceifary trouble. . »-■ . 17th. The Comniiltt?e admit as a fa£l, that it was generally inferred from the above mentioned Report, that Government (meaning the Government of Low- er Canada,) '• did not mean to attend to the equita- «• blc Claim* of Individuals :" This inference is now called by the Committee '* An error which was al- «* mod univerfally prevalent" and they would feem to confider it as a proof '' that men of ea^er minds *'' when warped by interell, a 'o"" as liabl fall into *t miflake, as ihofe of confufcd intclkd." The Go- vernor r 117 ] vernor cannot readily difcern the conneaion befwe^ft the Antecedent in this inftance, and the confequmt drawn by the Committee. The real truth is, that it was not conceivable from that Report, that there could be any body, except the fmall number therein defcribcd, that had any ** equitable claims;" fuch was the aene ral (it may be faid the univerfal) interpretation given to that Report : It was not the interpretation of People only who might in poffibility be fuppofed to be '♦warpedbylntercft/'orofthofewhocouldbeconfi. dered "of confufed intellea.-" It was equally the in- terpretation given to it by People who had no In^ tereft or Conntdion in the bufincfs, as by thofe who had ; It was equally the interpretation gxv^n to it by Gentlemen who were never within feveral thoulhnd miles of this Countiy, a^ of thofe who were immedi- ately on the fpot: Nay, it was 'till very lately, the s- vowed interpretation of fome whom the Governor will decline naming: And, little as the Committee may ap- pear to apprehend, with refped to Hi^ Majefty's' Ho- nor and Dignity being injured; the fad is, that from the manner m which the Land bufinefs has been con- Lower Canada the Pmic Faith of roverni as long been equally proverbial with ancient ftory. It is high time that ■n f! His . * '::■ I n8 I His Maje(ly*» facred rfonor and good Faith lldould b» -^ . I 124 1 the good faith, of His Majefty's Government in this Country, that the old proraifes (hould be fulfilled^ than that new pledges fhould be given, which could in no degree be more depended on than tnofc t,hat were gi- ven before. The Governor would not however have the fmalkft obje6lion againft ** fubftituting othey «' terms for effe^ual Settlement in the form of the *' Regulation to be rnade Public;" provided only that the fenfe be the fame as that contained in the Rega. Jaiions he has received by order of His Royal Mafter, and lately communicated to the Board. It has been before obfcrved that the fijch article of the Regulations (as being connedcd with i\it Jecond third and fourth articles) is alrea4y confincc} to thofe cafes where labour or Property his beeii a/;hially embarked by the parties, either in the aclual Settle- ment and Cultivation of the Lands, or in furvcyingor exploring preparatory thereto: This, His Majefty is gra ioufly plea fed to confider as a Proof of the finceri- ty of the intentions of the parties to proceed m the bu- finefs conformably to the intent and meaning of His Royal Inftru6lion.s fo far as to entitle them, in His Royal B^^nevolence, to Grants, in therefpe6live degrees tpecihed in the Reguktions: This Jijth article there- fore nent in this il filled^ than could in no bat were gi- jwever have Liting othey orm of the ^d only that 1 the Regu. >val Mafter, fth article of I the feconi ic4 to thofe ei) a^^hially clual Settle- Purveying or s Majefty is r the finceri. :d in the bu- ning of His em, in His ^ive degrees irtide there- fore fore, can admit of no temperament that fhall confine it within narrower limits (which mud evidently be the temperament alluded to by the Committee) without bereavi.-g the People of their Property fo embarked. This, the Governor can by no means think juft, aud even could he biing hirafelf to propofefucha thing, he does not believe that it could produce any other effea, than that of rendering him, in the eyes of his upright, juQ, and Royiii Mafter, lefs worthy of the G* tuation with which His Majefty has been gracicnifly pleafed to honor him, than His Majefty had before fuppofed. 19. The Governor has already informed the Board that the whole fubjed has been fubmitted to the con- fideration of His Majefty and his Minifters, and the decifion has been communicated to the Board; Neither have any aaua fads, nor any new lights deduce ! frjm aaualfafts, beyond what have been already fubmitted, been either ftated by the Committee, or received from' any other quarter, that could juftify the Governor in requefting a recon fideration of that decifion ; more ef. .pecially as the Committee, in their Report of the 20Lh of t '=5 ] 6f June la ft, fij uhhefitatingly declare that they corl/j^ pofcd to the World. (Signed) K. ?. The Governor informs the Board that he rcc«ive(i an Addrefs from the Committee, containing a Com- plaint againfl Mr. Gary, ading Clerk of the Council, I conformably to the Journal annext'd tQ the Report! jAnd that Mr. Gary had e^rprcHbd his readinci^ to [make an Apology on the occafion to the following ef« jfea. To Wit. « That the offenfive paits of the I _ C 133 3 " Letter complained of, were «^^ r " 'he uncommo,. degree oHImL '"''"'^ ""^ , " him; .hich gre i 1 """r'''^ ''"^" "P°» " inferted." ^ '^' "'^""^^^ Parts were Under all the Circumftances of ,h. r . vernor is of Ooininn ,u , ^ '^^^> 'he Go, And the Governor would willin„l i, review of the whole bufi-ef. 7^'^ '"P" "'^' °" * h-e hitherto taken plac" IL b ^"'"''"•' "'^^ Unanimity and Conco d in , ' '"^^' '"'•'* '-en the Governor an , ^7^^!'--". hoth be- concerned. ^°""'='^' ^^d all others (Signed) R P A true Extras, * rSignedJ THOMAS GARY, "A. G. £x. c. •• • i • V . r • » * • * * » . • • ♦ ERRATA. ra- i6 line 23 Jor antiJated r,ad antedated 33 --^ ^^ • 38 43 4^ 63 le 83/ he r. the as. A the r in the *^/ ^^'^rtainingr. afcertainin)* , 0/ His Miie/ty's and Minifters r His ^ M »jefty and Hii> Mimaers y6/. upon Tabic r. upon the Table ai/ Interalr. literal t if. filed r.Jikd 9iJ, heir n their Th.Nots in Crotchets [] containcc in the 14th 15th 16th i7rh&t8Ll The 23 I and pan of the 24th Urns ihould hav, be.n ,n /../..., an J within Crotchets ; thus iPrefmtht ChufJ4ict and [even other Members of the CounJl ^ ^"^ 8/ J'^ujt r. joint . 9/ Coucil r. Council 18/ not obeyed the noticee r. have no obeyed the notices 9 / contain r. contained , 3 /. dit r. did 24/ Ceinrnittee r. Commmec . • 8 y. a good iimiJar r. a good deal fimila ?5 /. had r. who had 2 /. hy r. by 7 / randutn r. random 4/ Invitations r. Invitations o /. uni.ilir. until • • 7 i/^.- '■rudn«:>d ?^; ind'ufce d ' *'i«7.^:iClja:na«?uul • "v 57 68 66 83 88 9^ 103 ic6 107 125 ,"« ^^^ atcd \ning ifters r. His niflers lie Tiible J containc 17th Sc 181 ^ould hav ounciT] T, have deal fimila