\ '> ^ .v IMAGE EVALUATION TEST TARGET (MT-3) ^ 4^ ■tt I&2 12.2 •» U° 12.0 I.I u ^ m U4 ^^ / ? V s^ ^y \ .V \\ ^^ SoHices Corporation 23 WIST MAIN STRf IT WIBSTfR,N.Y. 14S80 (716)t72-4S03 \ 4% CIHM/ICMH Microfiche Series. CIHIVl/iCIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Tachnical and Bibliographic Notat/Notas tachniquas at bibliotjraphiquaa Tha Inttituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniquv, which may altar any of tho imagaa in tha raproduction. or which may aignificantly changa tha uauai mathod of filming, ara chackad balow. D •D D D D D Colourad covara/ Couvartura da coulaur I I Covars damagad/ Couvartura andommag6a Covars rastorad and/or laminatad/ Couvartura rastaurte at/ou pailiculAa I I Covar titia missing/ La titra da couvartura manqua I I Colourad maps/ Cartas g^ographiquas an coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) I I Colourad platas and/or ilOuatrationa/ Pianchas at/ou illustrationa an coulaur Bound with othar matarial/ RailA avac d'autraa documants Tight binding may causa shadows or distortion along intarior margin/ La re liura sarrde paut cauaar da I'ombra ou da la distortion la long da la marga intAriaura Blank laavas addad during restoration may appaar within tha taxt. Whanavar possibla. thasa hava baan omittad from filming/ II aa paut qua cartainas pagas blanchas ajoutias lors d'una rastauration apparaissant dans la taxta, mais, lorsqua cala Atait possibla, cas pagas n'ont pas 6t4 filmtes. Additional comments:/ Commantaires supplimentaires; L'institut a microfilm^ la mailleur exemplaire qu'il lui a AtA possibla da sa procurer. Las details da cat exemplaire qui sont paut-Atra uniquaa du point da vua bibliographiqua. qui pauvant modifier une imaga reproduite, ou qui peuvent exiger une modification dans la mAthoda normale de filmaga sont indiquAs ci-daaaous. I I Colourad pagea/ D This item is filmed at the reduction ratio chackad ImIow/ Ce document est film* au taux da reduction indiquA ci-daaaoua. Pagaa da coulaur Pagea damaged/ Pagea endommagAes Pagas restored and/oi Pages restaurAes et/ou peliiculAes Pagas discoloured, stained or foxei Pagas dAcolorAes, tachetAes ou piquAea Pages detached/ Pages dAtachAas r~n Pagea damaged/ I — I Pagas restored and/or laminated/ Fyl Pagas discoloured, stained or foxed/ I I Pages detached/ The tot The pos oft film Ori( beg the sior oth< first sion or 11 y| Showthrough/ ' Transparence |~~| Quality of print varies/ Quality inAgala da i'impression Includes supplamentary material/ Comprend du materiel supplAmentaira Only edition available/ Seule Edition diaponibia Pagas wholly or partially obscured by errata slips, tissues, etc., hava been ref limed to ensure the best possible imaga/ Las pages totalament ou partiallament obscurcies par un feuillat d'errata, une pelure, etc.. ont At6 filmAes A nouveau da fa^on A obtenir la mailleure image possible. Tha shal TINI whi Mar diff4 antii bagi righi requ met! 10X 14X 18X 22X 28X 30X • 12X 16X 20X 24X 28X 32X Th« copy fllm«d h«r« hM bMn r«produc«d thanks to tho gonoroslty of: Library of the Public Archivas of Canada Tha imagaa appaaring hara ara tha bast quality poaaibia considaring tha condition and lagiblllty of tha original copy and in kaaping with tha filming contract apacifications. Original copiaa in printad papar covara ara fllmad baginning with tha front covar and anding on tha laat paga with a printad or illuatratad impraa- sion, or tha back covar whan appropriata. All othar original copiaa ara fllmad baginning on tha first paga with a printad or illuatratad Impraa- sion, and anding on tha last paga with a printad or illuatratad imprassion. Tha laat racordad frama on aach microficha shall contain tha symbol -^ (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar applias. IMaps, piataa, charts, ate, may ba fllmad at diffarant raduction ratios. Thoaa too larga to ba antiraiy includad in ona axposura ara fllmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, as many framas aa raquirad. Tha following diagrama illustrata tha mathod: L'axamplaira filmi fut raproduit grica k la giniroaitA da: La bibiiothAqua das Archivas publiquas du Canada Laa imagaa suivantas ont AtA raproduitas avac la plus grand aoin, compta tanu da la condition at da la nattatA da l'axamplaira filmA, at an conformltA avac las conditions du contrat da filmaga. Laa axamplairas originaux dont la couvartura an papiar aat ImprimAa sont fiimAs an commandant par la pramiar plat at an tarminant soit par la darniAra paga qui comporta una amprainta d'Impraaalon ou d'illustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux aont filmAs an commandant par la pramlAra paga qui comporta una amprainta d'impra«sion ou d'illustration at an tarminant par la darniAra paga qui comporta una talia amprainta. Un das symboiaa suivants apparattra sur la darniAra imaga da chaqua microficha, salon la caa: la symbols ^^ signifia "A 8UIVRE". la symbols y signifia "FIN". Laa cartas, planchas, tabiaaux, ate, pauvant Atra filmAs A daa taux da rAduction diff Arants. Lorsqua la documant ast trop grand pour Atra raproduit an un saul clichA, ii ast filmA A partir da I'angla aupAriaur gaucha, da gaucha A droita, at da haut an baa, an pranant la nombra, d'imagaa nAcassaira. Las diagrammas suivants iliustrant la mAthoda. 1 2 3 32X 1 2 3 4 8 6 . 1 i. ^n m ■m < m X- MM -i" fi ■ \ \ . Trom the ♦ ' . \ «.:. T ..I ,;^^A MINUTES OF COUNGIL^ KvAs\_ ftUihirig Hir Majeft^ Jialevregulatipni rtlati. veto the waftc lands of the GrdWii,withHis Ex » , ccUcnc y. the Go vc;roor Gcficoj^a, order cjf refe- i rence refpedling the fame^ to a Gonuni^tee of the ^fJwfcafe tduncil,' of the Province of LmtrXana- prf^, the faide^inniittee's report ^tU^reon, and His Excellency s fp^ech in reply. - \^ .M ..b ;:ni.:;--!r/ni .oomO-w^n»uU' *;.«/ ... .. I ll I .1. 1 . . .1 — ■ ' ' ^ % ■ V \ ■»«-*■ . , ,. T :OUEBECi \ PRI/^ITED AT THE NeW-Pj^iVt;NG OfFICE, Palace Street," 1798. 4WIW*<« ■*•■ The here publt(hcil Extn6l8 from the Miinite^ of the ExecutI Council have beer» obtained rn conformity to the fullowii injui>6lion and authority. w ww f qpmn w w 38//^. Article of Hii IvJajeftys Infiruaiom to Lord D< CHESTER, Governor General, t^c. i^Cm ^t, bearing «/ St, James, \6th. September, 179 1. I " Andith 6Ur futthifuinii pleafure, that all the forig6tnfi *' JlruSfions to you, as well as any which you may hereafter rem *< relative to the faffing grants of land, in conformity to the f aid Ai " pqfffd in the prejent year of our ndgn, be entered upon reeo( "the information and fatisfd^hn^ ^ all parties whatever tl ^* may be cdncirr,id therein. ijiii *v i)i i i i * i i £xtra£l from the Mmutes of Louncil, of the 2ift January, }7^it i \ Ordered by His Excellency, with theadviee of the C^m^L' that the following Advertijement be infer ted in the ^uebM Gazette t for three weeks fuccefftvely, . 1 Coimcil-Oflicc, Lower* Canada,! ! ' 21/? January^ 1793. -f^ |l .^>y «% , m*' i^ir^wifMft* i^inal orders remaining to he taken ly His Excellency the Gavermil^ ^ and tbe Executive Counctl (for reafom inferted in the Minuieih^ of the Board) upon certain Petitions for grants of parcels of fAtj wafie lands of the Crown All Petitioners for Lands in this PrmjimlA ce are hereby notified that the Minutes are open fot daily infpe&im' between the hours of 10 and'^. y .By order* " ~ '^^ ^^^""~ (Signed) J. WILLIAMS. C. Ex C. ■.l 'TrueExtraas. T. CARY, _ ,. ^ ^li A,C.Ex.C. \, — t' «n - MM.'tfW.Mk'aa* MiriPianwMM^ >«^' iM cv;v . Ti-*' ..[ >^ 1 INTRODUCTION. •<•«-. ,. : ,. :i\ - *♦ > /r 2S ^eneraHy known to the PMc^ that in February 1 798 ^ Proclamation was ijfued by the Governor^ in both the PrO" vlnces of Upper and Lower Canada, by whichy under the au- thority of Jin Majefty*s Royal InflmSlions, the wafte-lands of thcCroxun were proffered to all perfons capable of cultivating the fame on their becoming Britifh fubjeSls in either of the Canadas. It is alfo of public notoriety that, upon the great number of pe* titionsfor land, preferred in confequence of the faid Procla^ mation, upwards of one hundred and fifty warrants of furvey for tofumfhips, under the Governor's hand andfeal, were ijfued in the fame and the following year, by the Executive Govern^ mnit of this Province, on the terms expreffed in the faid inflruUions of which the principal andmojl effential condi- tion toas the aSual fettlement of the lands fo to be grant* ed, :'■■:- "t':^"^^i v.. ; • .^_ ■. ,'■ -'■' ■••;■% « t : * Befides the general invitation givenby the aforefmd Pro* clamation, and the encouragement held out to applicants for towrfhips, by the faid warrants of furvey, various other in* citements were employed to accelerate the fettlement of the lands fo promifed and engaged to them by the Proceedings ^^CounciL « • , . After L " 3 After thus encouraging and authorifing the immediate feUkment of the wajle-lands, the Provincial Executive Go* vernment oj Lower Canaia adopted a (onduH which hitherto has remained am^kry to the tnquifitivi -PMc, in protrac* . tins, from year to year, the ifjumg of the promifed Patents, After a fapfe of five years. Viz : in the month of May ijQ'i^'it was declared by a Committee of the Executive Coun^ • til, to whom it was referred to conftder (3 report upon the cafes in which the faith vf Government had been pledged to the applicants, to the intent that regular grants might be accor* . dingly paffed to them; that the faith of Government had not heen^^lsdged to any of the applicants Jor townjhiips except * in two inftanccs only ; although thefjame encouragement had leen given by government in refpttl toM 6? the vtry fame condudpurfued by the applicants in refpeU to many cfthe iowvfnips thus applied for ^ This report of the Council could no^ fail; tp excite general afionifhemtnt in the mind of the Public^ ' and conflertiation in the rjfiiiiis of many ofthofe who had enga* ged in the bujinefs ; ^ this aflonifhement and conflernation zvere fill further encreafed, by a Prcclamation ifjued m the month cfA-kj^uufoUcituingiftating that ** divers perfons hady ** iOithout ir^fuffic'ienidiiiliority^^^ thmfelyes of fever at : " tfa^ianidPparcelsWJ^is'MajeflyYm^ ant commending aU fitch 'perforis *'* to remove (3 iepart from^ tjie yfamcforlKwiih' ' - ' . . ^ - - ^ Such i m \, ant Such C-M' 1 • * Suchameafure^ ds ifjlood in confvadij^ion tQ{h( ori^nal ij^r tent ion acknowledged at the outjet (if the hufinffh and ^Kf'^^dei on the Council-books, gave room to xariq^sconjcBMiei,* Perfon^ cj difaffeBtd princif^s, and ii\clined to, defrtciqte thf fy^^t^ Government f imputed it to its faulty and Jei^ed x^ith eafC^n \y' nefs the ofortunity, under ihefe ploi^fibU ^^p/i^ns, t(i d(fymc. it^^ whiiji others, imprejjed wi(h more reJpeElful arid Ipyal Jenti^ menis towards their Sovereign, conceivedt^themiJ{akcts>origi^ note with the Provincial Adminijli'ation^ fi^^P.f^r}' ^)fl^d, «.-. ther through inadvertancy and mijapprehmfion, or by the art' Jul fc^mej 0/ deJig7^ifg.i^diyid]Uals ; and they continued in the reliance that, as Joon as the interejl of the Crcxvn and the Subjects Jliould be aptly combined together, and thoroughly un^ derliood, the Provincial Government itjelj would he readily difpofed to rcBify the error.. Such were the different conjeBurei of, the Public on this OC' cajion. It is not of my cqmpeten^eto difcriminate the grounds en which thy are founded ; nor is it my intention to hazard an opinion of my own on. the fubjeB, - -;* views will be ful* filled if, by the publication of the fullcwing documents I fucceedto lay open the falfthood of any calumnious injinuations made in rcfpeH to the dtjlribution of tht Royal wafie lands in Lower Canada, ogainfi the Supreme Executive Power of , Great Britain ; and in promulgating the unfhakcn upright" nefs and honor with which His Majcfiy's Rcpt;efentative hns ■ ' endeavoured tftdeacoured to carry the Royal commands into immediate ef* feB, Thefe documents ttiill moreover afford^ to thoje concer* nedf the confolating rejlexiony that eventually the Reval orders maft be obeyed^ and that^ at fome period or other^ which cannot he Jar ojf^ their grievances will be redrejfed with that juftice and liberality which characterize the King's Iq/l Re- gulationi on this fubjeSl and which reign fo conjpicvm/ly in iiii Majejiys Royal Breajl and in the Brea/l of his upright 4mdjaithfid Reprejentative^ WILLIAM BERCZY. 1^ 1.1 r Order of Reference to a Com- k ■ * mittee of the whole Council refpefting Townftiips. :jy.M iiH ExtraEiJrom the Minutes of Council^ of the 11th. Juney. 1798*^ >44M tmt^m fc,*- TJIS Excellency reminded the Board of what he had ^^ mentioned on the 17th. April, 1797, refpe£ling the wade Lands, to wit. - '^ • Is^ if • . " That on his coming to the adminiftration of the *• Government of this Province, he found that an alte- ** ration in the terms of difpoiing of the wafte lands of ** the Crown was in contemplaaon by His Majefty's '« Miniftcrs" PSTl^'llW ** The L 2 ] 1^^ ifitifk <3ff Iht ahtration then in contemplation #is, io ni(6, by tlv^ iitpoM of the w^de hnis in fut ture, (cxceptin^i in thofe cafes where the faith of Go- ' vcrnmfftt might be alrea(fy pledged to thd A|f>pllca'iits) a fund to be applied towards defraying the expenccs of Ibff; IVqvmcial Gtjr^rhm'en^ 1 > I ; Hi8 Excellerfdy \iiki Mort tht ibaVaan friAru^ion which he had fincc received under His Majefty's Royal 'Sign Manual, which, b^ing read, was ordered to be en- ^i'*•^ >><•»' GEJbi^jGRR.' hxftmaioii to' dtff t Vutly anS: wel I belo- S|5S-^-"^SftS^; ved Rob e r t Pr esc ott, Efq. L ieutenant Yf- Q A General of our Forces, Captain Gfentrat S\Lj 3y anj Governor in Chief of our Province of «i§Si'''*-^S5i>w Lower-Canada, in America, or in his ab- fence ^o jthe Lieutenant Governor or pom- mahder in Chief of our faid Province, for the time being. Given at our Court at Si. Jmei\ the' fifteenth day of Auguft,) i797V in the thirty.feventh year of our reign. ^1 ^^ ** Whereas '[ 3 3 ^''''^ikUM.Vy>6^T general inftrtfltoiM to OoV *♦ Cat)tain General or Governor commanding in Cliiet* •** hi and over iiuf iPro^ince 6f Lower-Canadi, bc'a- '** ring date at it. yams, the ifetft. d^y ot ScptetrAcr, ••• I79f; it is declared amohgft otTier things ib be Our " will and pleafure, that the towrrifhips therein itten- •* tiobed, and the refpe6live allotments within the fame, •* together with the lands to be referved as therein a* ,•* fcifrefaid, (hall be run and laid out by Our Surveyor ' " General Of lamls, for the faid Province, or fome V.ikiiful perfon authOrifcd by him for that purpofe, «* which Surveys, together with the warrants and grants ** for the refpedlive allotments (hall be made out for, " and delivered to the feyeral grantees free ofany ex« •^ •* petice or fees whatfbever, other than fuch as may .«* be payable to the different Olficers according to the : •* table of fees already eftablifhed upon grants of lands ** -made in the faid Province. Now Ouk will & plea- ^^ SURE IS, that the faid town(hips therein mentioned, ** and the refpe6live allotments within the fame, toge- «« ther with the Unds to be referved as therein afore* _** faid, (hall be run and laid out by Our Surveyor Ge- <* neral of lands for the faid Province, or fome (kilful ** perfon authorifed by him for that purpofe, which ** furveys, together with the warrants and grants for ■'1 B " the I ._ 4 ] ** the rcfpeftivc allotments fhall be made out for and •* delivered to the feveral grantees on payment of fuch *« fees as fhall, from time to time, be eftablifhcd by *• Us, under Our Signet and Sign maoua) or by Our ** order in that behalf, fignifiedby one of Our principal ** Secretaries of State. »«'. #*-« 9- i-\ *r « ^'i G. R.j * . And his Excellency informed the Board that the di- reftions he had received from His Majefty's Secretary of State, in conformity to the above inflru6lion were : ■ J i-Jiii Tt ^*' ifi. That in thofe cafes where the faith oi Govern- ment has been pledged to the applicants (ace rding to the report of the Committee of the whole Conr il of the 24th, May, 1797) for fpecific quantities of And, the grants thereof ftiould be paffed, on the fam^ fees that have been paid upon thofe grants that have already paf- fed the feaL .;«i^ .. a ^i. 2d. That, although the faith of Government is not coniidered to have been fpecifically pledged in the ca- fes where perfons petitioned for townfhips on behalf of themfelves and their aifociates yet, in as much as iome of thofe affociated applicants have fully evinced the fipccrity C 5 ] ■^ 'R. fitiCerity of their intentions of carfying the fettlement of th6 laiids, they (6 petitioned for, into effe6l, and have, ^ upon the faith of the encouragement heretofore given them by His Majefty's Government rn Canada, embar- ked their labor and property in furveying and allotting the townfhips they io petitioned for, and in making effedual fealements therein ; it is His Majefty's plea- fure, that a preference Ihould be (hewn to perfons of this Clafs ** by making them grants (upon the Old Fees) •* to the full extent mentioned in His Majefty's inftruc. ** tioiH, Viz. twdve hundred acres to each ajociated^antee'* But this is hot to extend to the granting of the whole town/Iiipy except in thofe cafes where the number of af« fociated applicants, who are aHually fettled thereon^ (hall be fufficicnt at the rate of twelve hundred acres each to Comprehend the whole of the grantable lands in fuch townlhip — And in cafes where the number fo aftually fettled in any townfhip fliall not be fufficient, allowing at the rate of 1 200 acres each, to comprehend the whole of the grantable lands in fuch townfhip, the remain- ing part thereof, if granted to the aftbciated appli- cants, ** muft be granted on condition of immediate <* settlement and of its being fubje£k to the additional " fees for the public fervice." Itisalfo his Majefty's pleafure, that fuch of the fettlers as may happen to be feated on lots referved for the fupport of a Proteftant -^ B 2 . ■■' clergy ^ i<^«.'i. V i c\^gjf or for the i^utured^fpofition of the Groivii, fliouldp. }icld the fame, upon the faine terms and conditions a^ , fi^all hereafter be granted to. athfjf jpultjys^j^o^s. q( refe^-, M/i ^ P: O i'{ '■u'?..%'»^ < -«a ^^ >*■.' f" ^4* That fucl[i of t]|ie applicants as have beep at tbp, ejipence of furyeyin^ t^^e ^ownfliips they petitionedL for, and laying the fanie out iqtoi lots, preparatory tq. the fettlement, but have not proceeded effeftually to the aOiual fettlement thereoif, fihould have grants (up* 00 the old fees) for the one half of the townlhips they ^ petitioned for, in the fame quantities (to wijt 1200^ acres) to each of the affociated grantees, as in the for- 9ier cafe, on condition of the immediate fettlement; thereof,; but this is not allowed to be extended in an^i €xF the cafes falling under this defcription to more thark cne half of the Townfhip ; fo that if in any of thefq cafes, it {hould be thought proper, in the vrifdom o| the CouQcil (on account of the intended fettlers being a^QnaJIy waiting to go 01?) to advife the granting of ik whole townjhip to the affociated applicants, the laiUff AKf//"there fixed at twenty five pounds currency per thmfand acreSy and fo in proportion; being at the Tate of fix pence slu acre : but it is directed, that the grants to be made in obedience "#»■■ to orders from His Ma jelly, in confideration of fcrvi- ces, (hall be fubj c 61 only to the payment oi half Jctiw three pence ipcv acre. , m roi:rJoqii|) . : 8th. In the grants fiibje6l to thefe additional fees and thole of the lands that (hall be difpolt d of by falc, the grantees are to have all Mines and Minerals^ excepting only thofe of Gold and Silver ; which latter are to be re- ferved to His Mi^jclly, Li.s Ileiisand Succefibrs as for- xr^'f r... .1. iin His Excellency fubmitted to the confideration of the Board to report whether it might not be advifable to give public notice of thefe regulations, and to hx a reafonnable time for the perfons comprehended und«*r the ift. 2d. 3d. 4th. & 5th, Articles, to come forward and take out their grants ; to the end that His Majelly's gracious intentions, refpecting the raifing of a fund towards defraying the public expences of the Province, by the difpofal of the walle Lnds in future, may be carried into effedl with all convenient expedition* nrl His Excellency likewife informed the Board that fe- veral of the dilpatches which he had received from His Majelly's Minifters, recommended that fuch^meafures fhould i io 3 Al6iJldl be aferTfed, Mpc€iing thi; httds diireftei to \k ♦^fefved for Ae ftifjport of a protcliaTit clergy, and for the future difpofition of the Crown, as might beft fecure them from depredations, and render them early produdive for the pui^afts for which they wcte grkci- ouily defignedi t kysUfit It Was, His Excellency obferved, the opinion of itis Majefty's Minifters (in which His Excellency irioU perfc6lly concurred) that the bcfl mode of fecurihg the referved lots from depredations would be to grant them to occupants on fiich beneficial leafes as will treate an -immediate intereft in each leffee, to preferrc thciti ^ainft all encroachment. .^ lo r»%ik» j. - .5^ oi ■n z% 10 -r»*Uk»:- Hi; liis Excellency did not indeed expe6l thaf, while the p^rice of land fhall remain low, any very confiderable reht fcaft be obtained ; but it neverthelefs appeared to Mis Excellency, that the referved lots, fituatetl in the hnmediate neighbourhood of a6lual fettletften^.s (an^ it was there only that depredations could be apprehended) might be readily difpofed of at a rent that fhould be very low for a term of years at the commencement, and be afterwards cncreafed in certain ftipulated degrees, from |)eriod to period, at tlie expiration of certain given terms of years. His C " 3 , and \t beft early ot rtis irioli hg the t them ;ate an theitt iile the lerable red CO in the (and it ended) be very and be s,frofnL I given His " Hit Excellency exprefled his hopes, tliat, by the mi^ dom of His Majefty's Council, a plan of this kind might be devifed, that would meet His Majeily*s gracioiis approbation, and produce thofe beneficial eife6ls which His Majefty fo gracioufly defigned. '■}.■•. Ordered by His Excellency, with the advice of the Board, that it be referred to a Committea ^ of the whole Council to report, with all conve- '^'^ nient expedition, on the means that Ihall appear to be the moil likely to fecure the referved lots againit encroachments, and render them produc- ..r:!i !c ^ive, for the piirpofes for which ihcy were gra- cioufly intended by His Majefty^ ^' ^ll_^ A true extra^^ m -^ ^ ^ (Signed) ^..♦i - Th. GARY, A. C. Ex,C. « v fo. tl J ,/ J J . .! '. ■ ,. .. ■.-« ^, .■> A. ' ' ■ ^ ■ "-.* ■■ tT • V|M<«! "*s|i 1 ''M. 5 • ii;- t i^ ] Report of the Committee oj the whole Couiu cil, of the 20lh. June, liW'"^"^^ M^Hiiniimnii iiiiiiHmM» To His Excellency Robert Prescott^ Efquire, Captain General and Governor m Chief of the Province of Lower^ Canada, Slq. &c. &c^ V ■i a» jit^ Report of a Committee of the whole Council, [prefent the Chief Justice, and Jive members of the Executive CounciQ on your Excellency's or- der of reference of the nth inftant, refpedling the walle lands of the Crown, May it pkafe your Excellency, The Committee having, in obedience to your Excel- lency's order of reference, duly confidered the queftion referred to them by your Excellency, *' whether it might " not be advifable to give public notice of the regu- ** lationscontained in the order of reference, &c." and after the matureft deliberation on the tendency of feve- ral effential parts of the direaion* thereby communica- ted, they find tliemfelves compelled to form a conjeaure ^ ^ * which Z ^3 1 ^yhlch tl}ry hazard with the greateft deference, which is, cither th tt fome accidental omilTion has taken place in llie stateof fa£ls, relative to the granting of the wade lands of the Crown, which may have been laid before His Majedy's Secretary of State, or on the other hand^ that the Executive Government of this Province havg hitherto mifconceived His Majefty's indruQions on the fubje6l. For, it is manifeft, that the direftions now communicated to the Board, arc framed upon the prin- ciple of giving encouragement to a procedure which th^ Executive Council have ever thought it their duty tp inhibit and repel to the utmofl. J-< . By the fecond dire£lion it appears that 'a preference is to be (hewn to thofe aflbciated applicants who are ac- tually fejLtled on the lands : in which terms the Com- mittee are necelTarilv led to include unauthorifed fet- lers, as well frpm the notoriety of the fd£l, that al- moft all fettlements hitherto made have been entered upon without title, as from the exprefs tenor of the faid direction, whereby an indulgence is extended to fuch of the fettlers, ** as may happen to be featedon lots re- ** ferved for the fupport of a proteftant clergy or the ** future difpofition of the Crown" who muft evidently be of that defcription. And this unauthorifed fettle- C2 mcnt, i E M 3 ment, is the procedure which the Executive Council have hitherto endeavoured to reftrain. i^ J ' rr ^:i«• • .''' ' : " ■ ' '-. .'^'I't In regard to the third dire£lion we think it our duty, in all fubmiflion, to reprefent that, when it comes to be applied to the cafes of a great number of hisMajedy's fubje£is of approved loyalty, it aflumes a very ferious afpe8 : not on account of the limitation of His Majef. ty's bounty in their behalf, which the Committee, if they may prefume to exercife an opinion on the fub- je£l, humbly conceive to be lufficiently liberal, but fiom the comparifon which muft be made between the con- du6l of the clalTes mentioned in the 2d. and 3d. direc- tions refpedivey , and of the confequences refulting therefrom, the condu6l of the defcription of perfons in* eluded under the third diredion has been diredly the converfe of the condu6l of thofe who are to b^^nefit by the fecpnd diredlion, they having abilained from (eizing upon His Majeily's lands, in difobedience of a folemn Proclamation, by which means they now are, and for a confiderable time have been precilely in the predi- fcament ftated in the third diredion, waiting to go on, in dutiful fubmiflion to the Law, and thertiote will not fail to complain that, while others triumph in their trangreflion, they have not received an equal |)ene^t from their obedience. in i ill 16 11 -I J In regnrJ to the 5th. diic6lion, whereby prrfonf therein dcicnbel, havinj* put chafed the pretentions of others, are to be confidered as ftaiidin'^ in thtir place and ftcad, the Committee qiofl relptrCtfuIly implore, that fome confideralion may be had of the labyrinth cf deception fraud, and, if they are to jud.,e of the futuie by the part, of forgery which they will have to wade through, whofe duty it may be to report on the validity of fuch pretentions and fuch purchafes, which will encreafe in a proportion not to be calcula- ted, when this dire6lion comes to be made publx. pretentions tho* an unfubflantial comniodiiy in all countries, are iri America particularly fo, and are fird formed by Si^jnatures to a pt^tirion confi fling of names» fometimes wiitten by the parties, and fometimes writ- ten without their knowLdge, fometimes of perfpns ha« ving exigence, and fometimes of perfons not having exiftence. Pretentions never feiioufly brought for- ward, or long fince relinqnilbed will be refumcd, and pcrfonages found to reprefent every (ignature; deeds of contra6ls t xeciued in fuch form and manner and under fuch circuniflances as to cad a ridicule upon the idea of a ferious tranfadlion will be multiplied and antida- ted, and frauds without number pra6lifed, which no vi- gilance can detc£l. How far therefore it may be prac- . . . ^^^' : - ' .. ? r-yd ticable ''7 ] r (icablc fo give eficQ to this dircclion, ii mofl rcfpcriful. \y Submitted to ^iperior wifdom. / faClion among His Majc fly's IcyaJ and dutiful fubjf£l3, ilTuing from plaufible grounds of complaint and the cncrcafe of collulion and fraud beyond computation. But wlien tl.ey extend their vitws to the remainder of the lands } ct unapplied for, ihe Committee cannot but reprcfent and deprecate the fearful confequences that will infallibly enfuc, when it fliall become known to that lawlcfs and obtrufive race, who dwell upon the bordeis of this Province, that any relaxation of the fyftem of repelling encroachments has been direfled by authority ; and ihough it {liould bethought ad vi fable to confirm the orders given in the fcconddirefl ion, the Committee fully appril'ed of' the almoft ungovernable popcnfity of this defcrlp- tion of per Tons, to take polh (Tion of. or to ufe their own idiom, to make their pirch on the moft' advantaoeous fpots, feiioufly rcqueft permiflion to repeat their ap- prehenlion of the evil efFeds that will aiife fom pu- blifhing the reafon afiigned for the preference, left, the difpofition for adual fcttlcmcnt (hould be indulged ^; \r- , to m m m SSi- 3^: ^-^ I 18 3 to fuch an extent and by fuch numbers, that the whole of tkv Crown lands become occupied without producing a fentiment of loyalty or gratitude, and Government be reduced to the expedient of fubilituting connivance for authority. For thefe reafons the Committee of the whole Coun- cil are unanimoufly of opinion that it is not advifable, for the prefent, to give public notice of thefe regulations^ The Committee, confidering that their report on the fubfequent matter, contained in the order of reference, will much depend on the ultimate dire6lions to be ex- pe6led upon this report, propofe to defer the confide- tation thereof, until fuch final dire£lions fhall be re- ceived. All which is humbly fubmitted to Your Excellency's wilclom* - .,tj ^^a ."■•.-'■ . ■, " ■• -• - I Council Chamber, Bi/Iiop's palace y\ ^ , ,, QuekCf 20th, June. 1798. J y o er, _;^ /'^ (Signed) W* OSGOODE, Chairman. ' (Signed) Th. GARY, "•'/'"' A. C.Ex.C.'^'^ »f I ^n\:/ i'l^, .(.v; l^;;^,i in l: Mi l <*/*W- Order C '9 3 on- iyn' \i. r ( =^ J* it €. CC^ ^ -"* * ^ ^^ ^.^^3t-^^ ^ ?i^*J^J^ { . . ._ . i*i. ijL^O t ?: i V : - J, Jf MU il : Extras from the Minutes of Council, of the gtk\ ,»tyw^ih'^^''^hd-h July, 1798. «»!f>".*i nri ! » i«Mt lit I. » X SS3S T TIS Excellency laid before the Board a Report of -^ "*• a Committee of the whole Council^ d^ted th.^ 20th June laR, upon the Reference ot the 11th. ofiii>i famj tnonth, rcfpeQihg the wafle-lands of the Cro.Vii, vvliica was read and ordered to be entered. ■I His Excellency then obfcrved that nothing wouM afford him greater fatisfadion, than- a coincidence of opinion between himielf and the Members of the Ex- ccutive Council, wherever fuch coincidence would be confident with what he Conceived to be his duty towards His gracious Sovereign and towards the Province over which His Majelty had been gracioufly plealcd to ap- point him to prefide. To rhe faUilment oftiiefc duties witi uprightnels, impartiality and integrity of heart, To iar at lead as his abilities might enable him, he Ihould *^ * '*' '^ certainly C 20 1 certainly, if neceffary, facrifice every otficr confiderS* tion, cither of p^eafurc or of eafe. And he was exceed- ingly forry that in the fulfilment of them, he ielt him* fell compelled in the prefcnt inftance to fupport a Doc- trine, materially different from that contained in the report that had juft been read to the Board. , , - . His Excellency informed the Board that the Regu- lations which he had communicated on the nth. ulti* mo, and to which the Report lelattd, were founded on, what he conceived to be, A vtRY mature coNiiDERA- TioN of the Proceedings of the Executive Government of this Province, under His Majefty's Royal Inltrudi- ons, of the i6th. of September, 1791, as contained ia the books now upon the table ; copies of which pro- ceedings, tog-ther with a true and faithful ftaiement of the politions aiidargumcHts that had been urged both for and a5ainft the applicants, were tranfmitted to Hi» Majefty's Miniftersfor that purpofe. ,,; Although indeed all men might be at times liable to error ; yet, His Excellency obferved. a determination made by fuch high aathority, poffeffing fuch ample materials whereon to form a proper Judgement, was ccminly entitled to fo much refped that if the propriety ;4„ -.■*^.:, '-; , a thereof i 21 7 thereof fhould not, at firft fight, appear fo clear and fati^fa^lory to any perfou or peifons as might be wiflh. cd ; tlie groundii, both of the determination and of any objt£lion that might be oppoled to it, ought to be well and truly examined, before any cenfure fliould be paf- fed thereon. So far His Excellency faid, he was perfuad* ed the Board would agree with him and he could not but entertain hopes that before ihey rofe they fhould .agree much furtker. He was the more induced to entertain thefe hopes, from his having obferved that the greater part of the Members, who were prefent at the Committee that made the Report, happened not to be Members of the Board during the early flages of the bufinefs, and might therefore perhaps have been unacquainted with fome of the proceedings that had then taken place ; thofe alCb of the older Members of the Board, who were prefent at the Committee, might. His Excellency re«idi« ly conceived, have loft the remembrance of thofe Proii ceedings. His Excellency would therefore, in the courfe of his obfervations on the report which had juft been read, take the liberty of explaining to the Boardy the grounds of the feveral articles of the regulations, where any explanation fhall appear to be ncceflary, in order to fhew them in their juft and true light. ^^ 4.^ Th E^rfl article, being no other than the eftence, as it *'• D2 I " ,'^> ». *. « 4.7> ij 1 22 ] fv'cre, oftlic report of the Committee of tlie ^holc Coun- ci],of tha24th. ofMay, 1797, refpc ding perlons who had heretofore obtained Orders of the Governor ia Council for fpecific quantities of land; did not, Hi» Excellency faid, require any explanation, -'-^ \ ' • ' "^ *^' The Foundation upon which the Committee build the obje6iions that arc contained in the Report, in regard to the fecond and fuhfcquent articles is, * That they * are framed upon the principle of giving encourage- ^ ment to a procedure which the Executive Council * have ever thought it their duty to inhibit and repel ^ to the utmoft ' which procedure is afterwards explain ncd to be the entry upon land and making Settlement thereon without Title. • ' , ; * io 5-;iv, "''The Committee, His Excellency obferved, had, he believed, fallen into a rniflakc with refpc£l to a ve* 'icy important matter of fact in the very Foundation upon 'which their objedions arc built. The regulations, His ExcellcRcy laid, were by no means framed upon a principle of gi^ ing encouragement to that procedure they were, on the contrary, framed upon the principle of preventing thofe evils which muft. otherwife arife from the encouragement that had been heretofore given to that procedure by the Executive Council, and upon the principle of adminifierir.g (through His Majefty's gracious [ 23 J gracious benevolencf ) a ralional dcgree'of diflrlbutivc juince towards thorc who had embaikcd their labour and property therein, in coiifequence of that encourage- jneni'. . t ^ . .^ ^ That the applicanrs ctt large received advice and en- couragement iiom the i\1eir;b«jis of liis Majefly j> Coun* cil, to come in and feiilc on the Townfhips they had petitioned for, without w aitini^ for the forms piefcribcd for ifTuing regular grants, and that they were adually expe6lcd by the Provincial Government fo to do, are points, His Excellency ohferved, that could not re- quire greater proofs thcin art contained and repeated in divers pages of the Books now upon th^- table, in which the proceedings of the ExecutivC'Council Hand recor« ded. ^i.*:)rnitu. m i'::jici^\ »* 3^, His Excellency then direded the Clerk to ead part of the Minutes of Council of the nth Odober, 1792, vhich was read accordingly and ordered to be entered. ■■/'*■> ■ s 1. .,-Lj , < '..'i , , .- i .; Ijii J. tf It* -I ■''lit' t f •%<*'•» i- «•**. AH ^ ', -'4" . "^^'-f » r- lK*-6 '•^*^ ExiraS. i\ i H 1 mtm^^m^^rirt'lfr^mitm Extract from the Minutes of Council of nth. O^oheVj 1792. ^ _♦ . .^-'T*' ** Read a Report of a Committee of the whore Coun- *' cil, on the reprefentation from the Land Committee-, ** refpe6ling the want of Deputy Surveyors. ' • " • ^ -^ - i. THE REPRESENTATION. i'^i^t to!' ^ vY'-i'lS^.^lf' '* To His Excellency Alured Clarke, " Efquire, Lieutenant Governor and Command •* der in Chief of the Province of Quebec, &c. ** Major General commanding His Majefty's •* Forces in America^ &c. &c. &c. 7 , _ , • T --' ^ . ' - ■■ • ■ -. ■ ,« „ •' Rkp'iesentation from the Land Committee, ** concerning the inconveniencies likely to arife *• from a want of a fufficient number of Land *' Surveyors, to lay out the townfliips already *' applied for, by perfons ready to take up and •• enter upon the immediate cultivation of " trafts of the Wade Lands, appei fining to ** the Crown. «( i' May 15 nth. Coun- nUtee*! ^*$y,'^ nman" ajejifs t >5 1 ** May it pleafc your Excellency^ •* The number of Surveyors employed is ten, eight " of \\hich are in the field, the ren\aining two VMll be " feni out in a lew days." K V i . - X ** There is at prefent above three Millions of acres " undtr Warrant of Suj vey and to be laid out in '* townfhips. :ju,^ -J»C-.i. ;-f{' di:: **Suppofing the Surveyors were all at this moment at ** work, and allowing a month (many of them conH- " der fifty days to be neceifary) to complete the Sur- »' vty of a townlhip, the bufinefs could not be hniftied •« in lefs than fix months, and the Summer is now far •* advanced and not one return, as yet, mude of a lin^le ** townfliip." ,. M\ i „i »:.:• i Tiittec, o arife Land Iready ap and on of ing to €t May Mm ** The Committee beg leave to obferve, that the ap- ** plicants for Lands from the late Colonic s (now the *' States of Vermont, Newhampihire, Maflachufel* " andConritdicut) after having obtained the deiired *' afiurance of grants of the wafte-lands of the Crown *' in terms of Your Excellency's Proclamation of the " 7th, of laft February, have gone back to thofe coun- " tries, and their return may be feon expcfted with " many hundreds of icduftrious men, who, as thef C 26 ] Fli " fay, anxioufly wifli tobe ai.l.nllted as BrltiCfi Sub- *• jccls, ni)ihing doubting bat they may iininediarely <• take poflcllion oF t!ie lots tlicy have been made to *' expccl ; fhould di.-y be d»ia^)^;()iuted froin a want of ** Surveyors (or oLlicnvilr) to lay out the Tra6ls in- " tended for thcni, they mufl rem-in idle in (he woods ** or return from whence tl'.ey came. In the humble ** opinion of this Committee every polfible means •* (liould bft ufed to p^eve-ii this threatened evil. A " check of this nature, given to the prcient fpiiit of *• emigration into the Cauadas, would deprive this ** Province of an opportunity of encreafmg the popu- ** lation of the country, and of adding to its wealth by •* the ingrefs of flvi ful induftrious farmers in great ^' numbers; it is therefore fubmitted, whether the Sur- *' veyor General may not be required to fet to Work a ** greaternumber of Surveyors without lofs of time." * ** The Committee are aware of an objedion that •* may propab'y be ftarted by the Surveyor General's *' OIBce, againfl proceeding to the Survey of a new •* townfhip that is not bounded by a traQ already fur- 4* veyed : for example Amos Lay, Proprietor of the ** townfliip of Ely applies for the traft ordered for him "*' and his aflbclates, not yet furveyed. The Surveyor *♦ finds thntit is a townfhip in :hc fourth range, North of I* the line which lepara.tes this Province from Vermont, upon im^ ** upon which line there is no known point from wliei?- ** c to depart but the Eaftan boi ndary of Mr Du n n's ** St'ioneuiie; from theucche mu(l inra lure the bafe o^ «• tho townfhi|) o^ Suit n an! one o^ u^ fid-lin^j coii" '* tinuing North along th;:: GJe-lines of the townQiips of '* Boltoa and Stukely, to reach the Soutn-Weft coiner *' of Ely where he is to begin his opeiationa on M. Lay's '* account ; but before he will proceed he will afk, who *' is to pay for running ihefe iipes io find Mr. Lay'$ >* corner" ? , : 1 ,i . ;» ** To obviate all difficulties in fimilar cafes the Com- ** mittee humbly fubrfiit, whether (feeing the Ciown ** will foonerpr later be atbalf oftheexpence of run- '* ning all the lines of thofe townihips ) Government ^* might not in the meantime fatisfy the Surveyor; *' This mode of prgceeding would prevent delay." *^ All which is neverthelefs moft humbly fubmittcd ** to Your Excellency's great wifdom# > . , <* Signed by order of the Committee, Council ,,^ "Chamber, Biihop's Palace, Quebec, 13th Julyj (Signed) HUGH Fi^^LAY, Chairman. « THE ;'f';;'.j^ ':ih \^ .i.i'f ii '>■ I i ji^ L 28 ] THE REPORT, . ;.»« .!<..;;' <* To His Excellency Alurfd Clarke, '* E/quire, Lieutenant Governor of the Pio* ** vince of Lower Lanadu, & Major General «' commanding His Majesty's lorces in ^* North America^ &c. &c. &c. ,.>,,,, 4;, • ■maHuaimUGilllliauiiHMK ^* Report from the Committee of the Tvhole ** Council, cm the reprefcntation fiom th^ ** Land Committee, refpefting the want of ** Dtputy Surveyors, the Members aflemblej *' bemg the Chilf JujjTice and Meflrs Fin? " LAY, Baby and Dumn^ * ■il: a t.t. \r,. •■ , ^* il/(jy f^ pkafi Your Excellency , "In obedience to Your Order in Council of the f* 4th of Auguft lad, the Committee humbly report? «* that they concur with the Land Committee in their " apprehenfions of great detriment to the Public, un- ** lefs means fhall be found to give a fpeedy execution *f of the Warrants iffued to the Surveyor General's ?' Office, rcfpedling the wafte lands of the Crown. ^^ TiJAT it is well worthy of the Government to *'■ ' % ;. " provide t 29 ] ** provide lor tlie probable conrin^-rfhcv of the a^'iail ** arrival of new fcttl rs, deflined to a tracl or town- ** fliip not at that time furveyed. '• ^ ** %y: tC'XI tj ' ** That it is for this end expedient to require a ** report from the Surveyor General's Office, dating ** the number of the prefeni Deputies in employfuent, ** and what hopes may be entertained of acquiring ** additional ftrength, for the immenfe work to be *• pttformed; with liberty to fuggcfl, whether anyi ^* and what aid, can be afforded, by the energy of *' the Government, and in what manner* •..*» -f •*■ .••«i»^ "*- 1 . * li ** Refpeding the remedy in part, recommended by *' the Land Committee, no folid obje6lien to it oc- *' curS, if due care is takeii by the Surveyor General, ** under the reftriflive provilb in the Governor's War^ ** rants of Survey, to confit^e the work to a rhOiety of ** the expence on the outlines of a tra6l or townihip ** or where it exceeds it to apprise the Government of «* that excefs, that the Crown may be indemnified for the advancement, before ihe ijfuifig of the Patent, But for the greater feturity agairift the refcindirig the provifo unneceffarily, the Surveyor General ought to go into no departure from it withoui a fpecial order of the Governor and Council to authorize it; It E» 4« to I L: ]' C 30 ] f- fo bf obtained by an application from his oflicc to ** the Governor, fluting the ^afons upon ^hicli the •* nieafurc h foutid.d ; and as, after all, it may fo hap- ** pen, through a want of Surveyors in the fitld, that ** the intended occupants or grantees of a Townfhip /* may arrh t at the (pot before the return of the Sur^ <' vcy, the Committee recommend as a means to «* anticipate the beft courfe on fuch an evtnt, that it .*' be made a fubjc6t for the delihtration and report of «* the Surveyoi and Deputy Surveyor General, and «' that an order ilFue that they do, from time to time, ** give the earlicft poffible information as to which tra8: ** cr townfliip it ftiall have happened or is like to hap- " pen ; fuch an event aflltiing the Royal interell and •« the common tranquillity, and being in the highcft ** degree intcrefting to all that come to fettle, in a re* ** liance upon the public faith and invitation. . .> f.. ** All which is nevertbelefs mail humbly fubraittei " ^^ y^^^ Excelluucy's grqat wifdom. ;, . tj ^.1*)^^ ii'» *i ! •.,-,i(*i ' : • { «j. . n: h .H %^':s-.\i\jlx.-^-^ i::cl tr ' Signed by ord^jr, loth 06lober, 1792. ^' (Signed) William Smith, Ckatrman, *fj> k^ ** Gkberfd that the Clerk of the Board caufc a ; ** Copy thereof to be ferved upon the Surveyor *' and m U) ^ ^i :u C: t 3i 1 ** and DepKity SurMfjr6f 6e^«ral for ihe gtiid- " ance of ths^ 0(lice« '*''rf f- i** The Minutes, His Ejccellcncy dhferved, wWcli Ac Clerk had jufl read, even were there nothing clfe, would convince the board, that the procedure <^f fet- tling on the lands, previous to the ilTuin^ (>' ihe legal title, inftead of bcmg IxHiBiTEn had been aftualiy Encouraord bv the Executive Ooverrrment of thit Province; nor had his Excellenc} hitherto difcovcrcd any thing in the bi>oks upon the table, whertby that proceiJure had been inhibited, until the month of Au* guft laft pait. - -TrtE Proclamation that was iflued in AiTguft- lafl, ordering thofe who had >.>•»€ on tht* lands without any fuihtient authority, to dtrpait ; was intended (as Hi$ Exeellency conceived and underftood at that time) to apply to iuch peribns only as mi*,5ht have come m mere llraglers, without being connected with any aiia- elation of ltttier«j, and without having obtained any order tor a ^raat in favor of thcmfclves individually. -f ■ .1 . »•-. *,';■ !»••/" Could His Excellency have thought that any per«» fon would have coniidered it as an order for thofe per^ fons to depart^ wha had originally embarked their k* ; *. boar i! ,( K' : ' c 32 :i hour and pi'operty, iipon the encouragement former- ly held out to them under His Majefly*s authority, no confideration would have induced hini to fign an iu- ftrument, to be interpreted in a manner fo derogatory to the honor, the dignity and the good faith, which has ever fo coriTpicuouily reigned in the breaft of His Royal Mafier ; and it afforded him much fatisfaflion to learn that the proclamation had been generally (though perhaps not univerfally) underfloo'd* by th® bettermoft fort of people in the country, in the fame light as he himfclf undeiRood it at the time he figned » * ■ His Excellency was as averfe to any attempts of ac* quiring lands by the robu/l title of occupancy as any Mem- ber of fhe Committee could have been when the report^ now on the table, was drawing up; but he could by no means conceive that people, who had originally embarked their labour and property, in fettling lands 'n confequeftce of fuch encouragement as had been given in t'ds Province, and who had betn year after year humbly petitioning for the grants which they had been originally taught by Government to expeQ; he could, he faid, by no means conceive that people of jhis fort could be confidcred as having attempted to ag(]uire the landa hy tie rohujl title of occupancy. L 33 3 The principal danger, His Excellency faid, to which the carrying on a fettlement upon fuch encourage .ent ps was given in this Province may be liable, is, that it may happen through fome accident or other, that the l^egal Title may finally be granted to different perfons from thofe who had made the fettlement, and who, together with the occupancy, may be faid to poCefs a Pretention of Right under the encouragement that had been fo given. His Excellency ufed tjie terms Pretend lion of Right, in contradiilin6lion to legal title. Where- ever a Government (hall have given fuch encourage- ment, it certainly behoves it to take efpecial care in forming fuch regulations for the ilfuing of the grants as Ihall concentrate the Legal Titles with the above mentioned Pretentions of Rights and veil them both in one aad the fame perfon. Were the Irgal titles and the Pretentions of right to be in d Jfer ent persons , there would undoubtedly be great danger that fuch a clafhing of the one with the other would produce civil commotion?; but if they are veiled in one and the fame perfon the danger is entirely avoided. It would be tedious. His Excellency faid, to difcufs the caufes which produced thofe civil commotions, al- luded to in the report, that had heretofore taken place in the neighbouring States. It would be fufficient to obferve, u-> ■*w'-. V 4. L 34 3 obferve, that they aroib entirely from the legal titks bein^ veiled iu one fett of perfons, while preknfwn^ of (itghi exifledin another. Uut although it was not now ntccf- fary to difcufs that fubjefl, yet, His Excellency neverr theiefs thought it right to inform the board, that thofd commotions, together with the caufes from whicii they flowed, and the effects that refulted f^om them \ were duly weighed and conhdered \f hen the foundation was laid on which the regulations, communicated ^o tl^ board on the iith ultimo, were built. And the regula- tions were, in His Excellency'^ opinion, fo framed as lb preclude (if faithfully carried into execution) thofe dangers of fimilar commotions, to which this j'lovmce might otherwife be expofed. vJ y ij V' »» . ■ 1 - --■ ' 4- -^■. •mi .■-'-:; ^i??./{i,& im^Jt: \^ii^^^ \.-%%^ Witti rcfpe£l to the indulgence extended by the re- gulations ** to fuch of the fettlers as may happen to be ** feated on lots referved for the fupport of a protef? ** taut clergy and for the future difpofuion of thg " Crown," whom the Committee appear to confider as Intruders, His Excellency thought it right to explain to the Board, the reafons on which that indulgence wa^ founded, . . , > J •, • »» I I *» t^,--^" >..!. V hen the fettlements were commenced, in the year 1792, it was intended by the Provincial Government, f 35 ] ■ nevcrr UiL)%l i-^S^ t!iat the refervations for the Church and for the Crown flioiild be located in the Four C men of the feveral in^ land townOiips and in the rear part of the feveraj town^ ihipf that were (ituated on Rivers or Lakes : this de* termination is contained in the Minutes of Council o^ the 11th Odober, 1792, and the firfl: fettlcrs made their arrangements accordingly. Afterwards, in the fum- mer of the year 1793. the mode oflocating thcfe Refer- vations was altered, and it was determined in Council l^ntheidth of Auguft, 1793, that the applicants for five town(hips (three of Which had been then already begun lobe fettled, aUhoagh only one of them has been yet granted) fhould have it in iheir option whether to have the refervations in thofe townftiips located in four pa- rallelograms, running through the townftiips, from front to rear, or to have them located in detached Lots : they chofc the mode of the parallelograms, and made their arrangements accordingly. The fettlers, on fome other Townftiips alfo, taking it for granted that one general fyftem would prevail through the whole, made their arrangements in the fame manner. On the loth of Oflober, 1794 the former orders refpeding the alloca- tion of the refervations were virtually refcmded, and it was determined in Council that the refervations, ia all the townftiips, ftiould be located la detached lots, F conformably conformably to certain Diagrams contained refpe£li\rc» ly at pages 362 and 374 ol the book G upon the table. In confequence of thel'e alterations the refervations felj in fandry inftances upon lots that had been fettled on . and His Excellency could not but flatter himfelf thafe the Board wv^uldfrom hence readily perceive the pro- priety and juftice upon whii.h thai part of the regu- lations, was founded, . , • ^"^ "» '^* ""^ ■Kl _ , * T-.** As the objedions contained in the report of the Committee, refpecling the Third Ariick of the regula- tions, and the comparifon beiween the conduti of the applicants referred to in the Second and Third article* (namely thofe who had atlually proceeded to the fet- tlements and thofc who had not) are built altogether upon the fuppofition that thofe of the applicants who proceeded to the fettlement of the land, they petitioned for, had, in fo doing, aded in difobedience to the directions of the Executive Government: And His^ Excellency had already (hewn that that fuppofition was founded on a mi (lake, and that they had in fa6l been thereunto encouraged by the Executive Government and were expeQed by the Executive Government fo to do, the whole of the obje6lions here ftated by the Committee would, IIis Excellency conceived, fall of courfe, . '- , No c zi 1 < No remark having been made by the Committee, refpeaing the Fourth article of the rej^ulations (by which His Majcfty's benevolence is extended in a certain de- gree to ihofe of the applicants who may have put them- felves to the Expence of cxploiing the Town&ips they petitioned for) Mis Excellency had of coarle nothing to abfcive to llie Board thereon^ r^ S In regard to the Tljih article of the Regulations (by which perlons therein dcfcribid, having purchafed the pretentions of others, are to be confidcred as (landing JB their •-I'Ce and (lead) in the execution of which the 'Commitue apprehend much difficulty, His Excellency obfetved to the Board, that the determinations and cojnter determinations herein before mentioned, ref- p'!6ling the allocation of the lands fo to be referved, the delays year after year, in regard to the palfing of the grants, and in a word (he gentral uncertainty with which the bufinefs appeared to be condu6led, di(heart- ened a great number of faithful applicants, who had intended to fettle in this Province, and who had for that purpofe incurred expence^ fome to a greater and others to a Icfs amount; fundry of thefe, difpofed of ihrir pretentions to others, who p'olfeffing more con. fidence in His Majefty's Government, retained an idea -i;^,,,. Fa "^ A>t E-38 ] r m that things would eventually come right j 9Lnd paid to the former a confideration, by way of fcirtiburfemenl for the trouble and expences they had bcett at. Oii this account it was thought perfe^^ly reafotikhj^ an4 right that thole of the purchafers, who actually meatit to come in and fettle on the land, flidUld fiand in thq place of thole from whom they had fb purchafed. This was the principle upon which the li/ih Regulation was founded ; and Hi:^ Excellency could not but confider il as a mofl jufi and equitable one. Neither could His Excellency conceive that thcic can be any tnaterial difHculty in carrying it into tifc£l. In thofe cafes where there Ihall be no caveats, there can certainly h^ no difficulty, and where there (hall happen to be ca« yeats, nothing more can be neceffary th^n to heai; and determine them before the Governor in Coun- d1, in the fame manner as caveats amongll appli% cants for grants of land were heretofore heard and determined in ' His Majefty's other Colonies, now the American States. There were feldom. His Ex- cellency obfcrved, any very great difficulties in afler- taining even thofe truths that were requirtd to guide the Gonfcience in the folemn and awful duties of giv- ing judgement upon cafes of life and death : and His Excellency could not conceive it to be poflftble that there could be any great diificulty in afccrtaining fuch truths C 39 ] truths as womid guide the judgement in the difpofdl pf a few thoufand acres of wild land to fcttlers, in a country which His Majefly had lb long diredcd to be .>f>,]i In regard tothe/;c^A article of the regulations (which intimates that the difpofal of the wafte lands, in future* except in certain cafes, will be by public fale) His Ex- jccllency obferved, that the Expences with which the BiDthiEr Coutitry was burthened for the fupport of tha Civil Government of this Province, had long been ConOdeted by very refpeQable People, both at home dmd httt, as being, at lead in a great tiieafure, unrea« Ibnable and pnneceffary; and the more fo as the wafte Jands of the Crown in this Province afforded fo im« |)onant a refource without any burthen to the inhabi- tants. It had ialfo, His Excellency faid, been long re- prefehted by numbers of refpeftable people, that the flifpofal of the wafte lands by public fale, under proper conditions of fettlement and cultivation^ would be in every point of view, infinitely preferable to the gl-antittg Of them lo perfons petitioning; not only with fefpt^ft to the fums that might be there^ by raifed fol' the fupport of Government, but likewife jvith refpefl to the more fpecdy fettlement and culti- vation of the countify by able and induftrious farmers, and If 40 ] 1-1 B: 1 i •■•■ ( J . r; I and the confeqnent population and profperity of thd' Province. It was truly natural, His Excellency faid, when one confiders the flow progrcfs that has hitherto been m^de in the granting and fettling of the lands, that fuch reprefentations ftiould be attended to by Hi? |vlajeIly'Mn4 MiniRers, , -; ,,\*|, <- , , ,; ._ , , .-ji nl With refpe^l to obtrufive fettlers coming in to mak« their Pitches, as they tt rm it, and as noticed by the Committee in this part of their report; His Excellen- cy obferved, that from the operatiqn of certain caufes, which (although they might be traced to an earlier pe- riod) firfl began to make their appearance in the newly fettled parts of the country, about the latter epd of thp year 1795, or the begining of the year 1796, there had bt errand would be foun'l to merit commiferadon- not reproach. His ExcelK rcy hoped he rright never find it neceflTary to enter into an explanation of thofe caules ; he cer- tainly never would explain them unlefs it fiiould be- come ncccfTary ; and he had the fuliefl reafon to hope, and C 41 1 «nd to believe, that by faithfully carrying into execui tioii the direftions he had received through His Majef- ty's Secretary of State, as communicated to the Board; and by difpofing of the wade lands in future (except iii certain cafes) at open and public fale, every poflible evil, that might oiherwife be apprehended, would be effcftually avoided. .v: >:H .MiiirT?.:-"') ■:^'^iijti ^' His Excellencv obferved to the Board, that, although the pofition on which the report of the Committee i^ built (to wit, that the applicants, who have pioceeded to the fettlement of the lands without havin^^ obtained leoral titles, ought to be confidcrcd as intruders) appears VJ have been taken as an axhm^ in its nature fo evident as to be entitled to univerfal affent ; yet, it had appea- red to him, from the moment he arrived in tiiis Govern- ment, and was informed of the manner in ^which the land bufinefs had been condu6ied; — To wit, that fincef the conclufion of the American war (w: ich was thea thirteen years) many public invitations h d been given- for people to fettle in this Province ; that fcveral hun- dred families had embraced thoft. invitations, and that many thoufands would gladly have followed their fteps; but that, during that whole length of time, only one Grant had oaffed die feaJ; — It acoearcd to him, Hi« ^- --- * Excellencv 't ■'! ■ • . C 42 3 Zxcelltney fjiid, fronai the moment he arrivcci, ini laarnt this to be the cafe, that no polition could with (afety be taken, without firfl examining with great carp and attention all the parts with which it might be con- Beded, as well with refpe£i tocircuni(lancestfr»n/tf^iiCTi/i dri his making dill further & further enquiries, Hii Jlxccllency fajd,he found that the opinion* entertained ty different people were fo eoftremely lyide, and oftputi' ineisfo diametrically contrary to each ptber, that the fubr je6l appeared to him to bo of infinitely too great ri^agniT |udc to be ddxided upon in th s country. He therefore thought it his duty to lay before His Majefty's Minif- J^ns a brief hiftorical narrative of the proceedings, in the order of time in which they took place; and as they ftand recorded in the books now upon table. This fce accompanied with a true and faithful (though b"eQ jlatement of the pofitions and argunierits that had been fet up, bothyor and againjl the applicants; and fubmit- ted the iffue, fo joined, to the decifion of His Majefty** Minifters. • ^> '■, --. I, - ' ' -i ' ' , . . ' The evidctice upon which the ifTuc was determined wai copied from the books now upon the Table ; it confifted not of partial cxtrads from any recorded do- cument C 43 J curtietit, but Off the full copy, although cei'taii! pAft» thereof might not immedately relate, to the points in queftion. The deciiion is contained in the regulations communicated to the Board on the nth ultimo* ^n-^Tr His Excellency likewife obferved that in the framing of thofe regulations, the report of the Committee of the; whole Council of 24th May, 1797, which ftated that the faith of Government had not been pledged, except in tho cafes therein defciibed, was taken sisai Datum, In as much hbwever as a number of applicants^ who did not coine within the benefit of that report, had, upon the encouA ragement that had been hdd out to them by Has Ma«* jefty's Government in Canada, embarked their (aboufv and property in carrying on the fettlement, and others in preparations for carrying on the fettlement of thcj lands they had petitioned for, agreeably to what tl^^y, had underftood and believed to be His Majefly's. gra^ cious intentions ; His Majefty's fervants judged, and^ in his Excellency's opinion they had judged with equal wildom and goodnefs of heart, that, although the fait)k^ of Government had not been eonfidered to be litteraU;; ly pledged to them, yet, it would be utterly inconfift- ent with His Majefty's Honor and Dignity, that people^, who had fo embarked their labour and property, upon^ the encouragement held out to them under His Majef- G tyV > i m f iy*9 stuthority fliouli fail of (hariog in Hit Royal be- lievokncc: and the regulations were fo framed, as t<^ i^f6portion His Majefty'i beiievc»)ence (as neatly at genoi'al rules eonld well admit) according lo Ihc ^if« ferent degrees in which the different clafTes of appli* ^ants had exerted themfelves, under the encourage* ment that had beea h held out to them ; than whicbi, ^is Excellency conceived, nothing could be moni truly boiBorabie pr napre reiigioufly juft« r r:^ - i His Exeelfency gou14 not bu« flatter himfelf ^«t^^a explanation^ he had now made w^ould induce the board to entertain a yery different opinion of the regu^ationf Prom that contatn^ in the report of the Commitiee ^ Ki» Excellency hkewife flattered himfelf with hopes^ that the Board would coincide with him in opinion fefpecially when it was confidered that the apphcanta^ irho Krere the objefts of His Maje fty's Royal benevo^ fence, had already laboured in fufpenfe during fix long years) that it would be proper that His Majesty's gra- dous intentions fiiouM be, in fome way or other, made known to them without delay, to the end that their long and painful anxieties might ceafe; and that they might Come forward with gratitude and chearfulneis of Heart, to tale out their grants, according to the proportions |)reiciibed by the regulations ; preparatory to the car* C 45 3 rying into execution His Majefly*s further Graciout io. tentiont, of r